HomeMy WebLinkAboutAgenda - City Council - 07/15/2024CITY COUNCIL MEETING AGENDA
JULY 15, 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 – Steven
Locke, Acting 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.*** Authorize the City Manager to enter into a contract with Desorcie Emergency
Products for the purchase of an aerial fire apparatus (fire truck) for a price not to exceed
$1,600,000 upon final review and approval of the City Attorney
C.*** Approve the Appointments to the Safe Routes to School Task Force as presented
D.*** Approve Resolution 2024-16 extending expired Committee appointments on policy
advising Committees until new appointments are made
E.*** Approve the award of the Bartlett Bay Culvert Replacement Project engineering and
design contract to Stantec
7.*** Public Hearing - Warned for 7:00 p.m.: Hold a Third Reading and Public Hearing of a
Drinking Water Ordinance Update – Tom DiPietro, Public Works Director, Dave Wheeler, Water
Resources Engineer (7:00–7:20 p.m.)
8.*** Possible Action: Approve the Drinking Water Ordinance Update as presented – Tom
DiPietro, Public Works Director, Dave Wheeler, Water Resources Engineer (7:20–7:35 p.m.)
180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4107 | WWW.SOUTHBURLINGTONVT.GOV
9.*** Discussion: Receive information from the community and staff on the pickleball courts at
Symanski Park – City Council (7:35-8:30 p.m.)
10.*** Discussion: Receive a briefing on H.875, the Municipal Code of Ethics, and changes to City
processes – Colin McNeil, City Attorney (8:30–8:50 p.m.)
11.Discussion: Hold a general discussion of the first four months of the new Council – City
Council (8:50–9:20 p.m.)
12.*** Convene as Liquor Control Commission to consider the following application for approval:
Copper at Dorset, Outside Consumption Permit (9:20–9:25 p.m.)
13.Other Business (9:25–9:35 p.m.)
14.Adjourn (9:35 p.m.)
Respectfully submitted:
Jessie Baker
City Manager
***Attachments included
Note: All times are estimates.
Champlain Water District
Check/Voucher Register - Check Report by Fund
From 7/16/2024 Through 7/16/2024
Check Date Check Number Vendor Name Invoice Description Check Amount Invoice Number
7/16/2024 4785 Champlain Water District - Retail June 2024 55,350.36 SBWD-411
7/16/2024 4786 Champlain Water District WS to SBWD - June 2024 624.16 SBWD-404
7/16/2024 Champlain Water District Water Consumption - June 2024 163,407.55 WTRCONSUMP SB063024
7/16/2024 4787 E.J. Prescott Blue Spray Paint 94.85 6344628
7/16/2024 4788 Johnson Hardware & Rental Pipe Fittings - SBWD 1,623.54 688879-SB
7/16/2024 4789 MSK Engineers Project 1460-001 16,300.30 16834
7/16/2024 4790 Office Essentials of Vermont Envelopes 1,059.00 40227
7/16/2024 4791 City of South Burlington Audit, Admin Fees, and Software Mgmt for
FY24
66,460.99 AUDIT ADMIN FY24
7/16/2024 City of South Burlington Hickok and Boardman Insurance 5,175.00 CITY INS FY24
7/16/2024 4792 South Burlington Sewer Department June 2024 Sewer Billings 448,485.86 SEWER-063024
7/16/2024 4793 South Burlington Stormwater Department June 2024 Stormwater Fees 189,248.93 STORM-063024
7/16/2024 4794 S.D. Ireland Invoices 70.00 110606
Total 70 - South Burlington Water
Department
947,900.54
Report Total 947,900.54
SOUTH BURLINGTON CITY COUNCIL
70 - South Burlington Water Department
Date: 7/9/2024 9:30:21 AM Page: 1
180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4107 | WWW.SOUTHBURLINGTONVT.GOV
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180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4107 | WWW.SOUTHBURLINGTONVT.GOV
2024-16
Stantec Consulting Services Inc.
193 Tilley Drive Suite 101, South Burlington VT 05403-7824
May 16, 2024
File: 179499000
Attention: Marisa Rorabaugh
Stormwater Superintendent
City of South Burlington
104 Landfill Road
South Burlington, VT 05403
Dear Marisa,
Reference: Bartlett Bay Road Culvert Replacement TA23(26)
We have developed the following scope of work and staff hour estimate to develop bid plans, specifications,
and cost estimates to replace the existing 36” culvert that carries North Brook under Bartlett Bay Road with
a 13’ x 5.5’ concrete box culvert embedded 1.5’. The new culvert will meet the Agency of Natural
Resources stream equilibrium standard.
The project is being funded with a Transportation Alternatives grant. Due to the use of Federal funding, the
project will be subject to oversight and guidance by VTrans who administers these funds. Additionally,
development of the project must follow the Municipal Assistance Section (MAS) project development
process. The project will be managed by Marisa Rorabaugh (City of South Burlington), and Chris Hunt
(VTrans).
SCOPE OF WORK
In general, the scope of this project will follow the project development process used by VTrans’ Municipal
Assistance Section (MAS) as follows:
Project kick-off and development of conceptual plans
Submission of documentation and plans for NEPA process
Development of Preliminary Plans
Develop Right of Way Plans
Development of Final Plans
Develop Contract Plans, technical specifications, final engineer’s estimate and bid documents and assist
with the bidding process
Limited engineering assistance during construction
It is our understanding that the project design will follow the recommendations of the South Burlington Multi-
Site Stormwater Infrastructure Assessment Site No. 2 – Bartlett Bay Road Culvert report dated December
15, 2015. The development of Conceptual Plans through Contract Plans, Specifications and Estimates will
consist of the following Scope of Work.
May 16, 2024
Marisa Rorabaugh
Page 2 of 7
Reference: Bartlett Bay Road Culvert Replacement TA23(26)
PHASE A- PROJECT DEFINITION
TASK 1: PROJECT KICKOFF
Stantec will convene a project kick-off meeting to discuss the goals and objectives of the municipality and
define the project development process. The VTrans project supervisor will be a participant in this meeting
and will provide an overview of the typical project development schedule for MAS projects. Stantec will
discuss the project schedule and arrange to collect information relevant to the project, including existing
project files, underground utility information, tax maps of the affected properties, etc. Stantec will coordinate
and schedule this meeting and take notes to document the discussions and decisions made and to
distribute to parties of interest.
a. Local Concerns Meeting
It is anticipated that the local concerns meeting requirement will be met with a public discussion at
a select board meeting and that no project specific meeting will be required. Attendance for the
local concerns meeting has not been included in this proposal.
TASK 2 – DOCUMENT EXISTING CONDITIONS
a. Topographic Survey
Ground survey and existing right of way identification will be conducted by sub consultant, Vermont
Survey and Engineering. See attached proposal for scope of these services
b. Updated Traffic/Accident Information
Stantec will compile available traffic information and crash history for use in developing the design.
c. Soils Investigations
There is no known geotechnical information available at the site. There is no visible indication of
ledge on site. It is anticipated that the structure will be closed bottom and not require foundation
designs. Geotechnical exploration has not been included in this proposal.
d. Critical Environmental Resources and Permit Requirements
Archeological review will be conducted by subconsultant Hartgen Archeological Associates, Inc.
See attached proposal for scope of these services.
Stantec will conduct an environmental resource review to determine the presence of rare
threatened and endangered plant and animal species. At the time of this review wetland delineation
will also be completed. It is anticipated that class II wetlands will be encountered in the area.
Impacts to these wetlands and buffers will result in the need for Army Corps of Engineers Permit as
well as a State Wetlands Permit. In addition to these permits a stream alteration permit for impacts
to North Brook will also be required. An onsite meeting will be conducted with ANR to confirm
wetlands delineation.
TASK 3 – CONCEPTUAL DESIGN
a. Municipal Utility Concerns
May 16, 2024
Marisa Rorabaugh
Page 3 of 7
Reference: Bartlett Bay Road Culvert Replacement TA23(26)
Following documentation of the existing conditions Stantec will develop a base map and an existing
conditions memo for review by the City. The 2015 report identified Aerial Utilities, Water, Sewer,
Gas and buried telecommunications in the project area. Stantec will make updates to the base map
for updates since the initial report. Stantec will provide locations of vacuum excavation to determine
vertical location of utilities anticipated to conflict with the proposed culvert. It is assumed that the
city will self-perform the vacuum excavations.
b. Plan Development
Stantec will prepare Conceptual Plans and a conceptual construction cost estimate for the
improvements. The Conceptual Plans will indicate the existing topography and other base
information and illustrate the proposed work. The design will be in accordance with the 2024
VTrans Standard Specifications for Construction. Identified rights-of-ways, utilities, natural and
cultural resources, and other features affecting the design will be indicated on the plans. The basis
for project pay items will be the 2024 VTrans Standard Specifications for Construction. The plans
will be developed using MicroStation software and shall generally follow the 2008 VTrans CADD
Standards and Procedure - http://vtrans.vermont.gov/cadd.
The Conceptual Plans are anticipated to consist of:
Title Page
Typical Sections for the proposed improvements
Layout Sheet showing proposed grading and existing and proposed features (includes
culvert, wingwalls, existing right of way, construction limits)
Roadway Profile
Culvert Elevation View
Typical Sections for the proposed improvements
Cross Sections (Channel and Roadway Approaches)
Traffic Control Plans and Notes
Stantec will submit electronic (PDF) Conceptual Plans and construction cost estimate to the city
and VTrans. The conceptual cost estimate will be prepared in the VTrans ipd system. The estimate
will be developed utilizing individual items and unit prices.
c. Public Update Meeting
It is anticipated that the public update meeting requirement will be met with a public discussion at a
select board meeting and that no project specific meeting will be required. Assume City staff will
discuss the project at a City Council meeting, and our attendance is not necessary. A coordination
phone call with City staff will be held before the meeting.
d. NEPA Documentation
Because Federal funding is involved with this project, the National Environmental Policy Act (NEPA)
process and requirements must be followed. To meet the requirements of this act, a Categorical
Exclusion (CE) Document is the expected level of effort. Stantec will prepare the VTrans
environmental analysis sheet and supporting documentation will be submitted to VTrans for review
May 16, 2024
Marisa Rorabaugh
Page 4 of 7
Reference: Bartlett Bay Road Culvert Replacement TA23(26)
and concurrence. VTrans will complete the process with the Federal Highway Administration
(FHWA).
PHASE B - PROJECT DESIGN
TASK 4 – PRELIMINARY DESIGN
Once the NEPA process has concluded and Conceptual Plans are approved by the City and VTrans,
Stantec will develop Preliminary Plans for the project. The Preliminary Plans will include all the information
from the Conceptual Plans and will add further detail, including any required erosion prevention and
sediment control measures.
a. Plan Development
The Preliminary Plans will contain:
Title Sheet (1)
Quantity Sheets (1)
Typical Sections (Approach, and Culvert)(1)
Layout Sheet showing proposed grading and existing and proposed features (includes culverts,
wingwalls, guardrail, existing right of way, construction limits)(1)
Roadway Profile (1)
Culvert Elevation (1)
Cross Sections (Approach and Channel)
Erosion Prevention Measures Plans and Detail Sheets (3)
Signs and Pavement Markings Sheets (assume, shown on Layout Sheet)
Traffic Control Plans and details for motor vehicles and pedestrians (1)
Utility Relocation Sheets (1)
Right of Way plan sheet (1)
Right of Way Detail Sheet (1)
In addition to the Preliminary Plans, Stantec will develop a revised Engineer’s Estimate. A
submittal to the City and VTrans for review and comment will be made. The plans and estimate will
be submitted in PDF format.
b. Utility Conflicts
Based on the locations identified in the 2015 report, relocations will be required for the gas and
telecommunications along with temporary relocation of the aerial utilities. Exact locations of water
and sewer infrastructure are not known currently. It is anticipated that relocation will not be
required. It is assumed that relocations routes will be coordinated with the affected utilities for gas,
aerial and buried telecommunications. It is assumed that the city will pothole to verify the location of
the buried utilities prior to construction. Stantec will determine if additional relocations are required
based on the results on the potholing and advise the city on the next steps if relocations are
required. Stantec has not included effort to design water or sewer relocations.
c. ROW Identification/Acquisition
May 16, 2024
Marisa Rorabaugh
Page 5 of 7
Reference: Bartlett Bay Road Culvert Replacement TA23(26)
It is assumed that temporary and permanent easements will be needed for the construction of the
new culvert. It is anticipated that up to three properties will be impacted. Effort has been included
for the right of way plans. It is assumed that the city will develop title abstracts, valuations and
easement documents.
TASK 5 – FINAL DESIGN
Stantec will prepare the final design of the project upon approval of Preliminary Plans by the City and
VTrans
a. Permit Acquisition
Permits will be applied for based on the impacts shown in the approved Preliminary Plans. Stantec
will coordinate with the regulatory agencies and fill out the required applications. The City will be
responsible for application fees. It is anticipated that the following permits will be required.
Stream Alterations
Army Corps of Engineers
State Wetlands Permit
b. Final Plans and Bid Documents
Final design will include development of Final Plans (85%), an updated construction cost estimate,
and draft special provisions. These provisions will supplement the VTrans Standard Specifications
for Construction (2024) which will serve as the basis for the construction of the project. Final Plans
will be submitted to VTrans for review and comment. Stantec will review comments with the City
and determine what, if any, plan changes should be made during the Contract (100%) Plans
development.
Stantec will submit Final Plans along with an updated listing of items and quantities, and an
associated cost estimate for City and VTrans review and concurrence. These plans will incorporate
comments and conditions received from permitting agencies. Stantec will certify through the
signature of an engineer registered in the state of Vermont to practice “structural or civil”
engineering that these plans and subsequent 100% plans meet applicable standards, codes and
requirements for design and public safety. It is assumed that the City will provide a “Utility
Clearance” that indicates that necessary utility coordination has been completed.
c. Contract Plans/Specifications/Estimate
Stantec will prepare Contract (100%) Plans along with an updated list of items, quantities and an
associated cost estimate. These plans will incorporate any final changes since the review and
acceptance of Final (85%) Plans. These plans will be signed and stamped by a Professional
Engineer licensed in Vermont.
Stantec will provide the City with a complete package which can be put out to bid. The City is
responsible for the bid advertising process. The complete construction bid package will include the
following items:
Complete Contract (100%) plans.
Construction cost estimate.
Final utility relocations, clearances, and special provisions.
Construction special provisions.
May 16, 2024
Marisa Rorabaugh
Page 6 of 7
Reference: Bartlett Bay Road Culvert Replacement TA23(26)
All necessary permits acquired, and conditions noted.
Construction Contract specifications.
Bid Documents including instructions to bidders, bid form and required Federal documents.
The VTrans bid document template will be used as the basis for the bid documents. If changes
are necessary per City requirements, it is assumed that the City will make the necessary
changes to the documents.
TASK 6 – CONSTRUCTION
a. Invitation for Bids
The City will advertise the project for bid. Stantec will attend a pre-bid meeting, issue one (1)
addendum, attend bid opening, confirm that all required components of the bid have been received,
and tabulate bids.
b. Bid Analysis
Stantec will analyze bids and recommend award. The bid analysis will generally follow FHWA’s
Guidelines on Preparing Engineer's Estimate, Bid Reviews and Evaluation dated January 20, 2004.
The City will award the contract.
c. Pre-Construction Meeting
It is assumed that the Pre-Construction meeting will be coordinated by the City. Stantec will attend
to clarify any questions about the Plans and Specifications.
d. Construction Services (Phase C)
Stantec will provide limited assistance during the construction phase. This limited assistance consists
of shop drawing review, question responses, and site visits. Stantec will review up to two (2) shop
drawings. If more than two (2) shop drawings require review, the City can anticipate that this work
will take approximately one (1) hour of engineering time per shop drawing to complete. It is
anticipated that no visits to the project site during construction will be required. If site visits are
requested by the City, the City can anticipate that this work will take approximately six (6) hours of
Project Engineer time per site visit.
PROJECT TEAM
The project team will consist of the following individuals:
Greg Goyette, PE – Senior Principal
Israel Maynard, PE – Project Manager
Dave Youlen, PE – Project Engineer
Tom Knight, PE – Structural Engineer
Tim Freiday – Wetland Scientist
Other technical support staff may be brought on depending on the technical skill required for specific tasks.
May 16, 2024
Marisa Rorabaugh
Page 7 of 7
Reference: Bartlett Bay Road Culvert Replacement TA23(26)
FEE & SCHEDULE
Estimated fee for the services described above is $75,000.00. A detailed Task - Labor Hour Schedule, Cost
Schedule and Direct Expense Schedule are attached. The City will be billed at cost plus fixed fee based on actual
hourly rate of employee that works on the project. If necessary, additional tasks outside the above scope will be
addressed with a contract amendment. Tentative milestone schedule for project completion is shown below.
Notice to Proceed: July 2024
Submit Conceptual Plans and NEPA submission: October 2024
VTrans Review of Conceptual Plans1: November 2024
NEPA Clearance (assume 6 Months)2: May 2025
Preliminary Plan Submission: July 2025
Review of Preliminary Plans1: August 2025
Right of Way (assume 6 Months)3: February 2026
Submit Final Plans: March 2026
Review of Final Plans1: April 2026
Submit Contract Plans: April 2026
Bid Project: May 2026
1 Reviews by the Vermont Agency of transportation are assumed as 4 weeks with review by the City occurring simultaneously.
2 NEPA review is assumed as 6 months. This often varies and can take much longer. Preliminary plan submission depends on this
review. For the purposes of this schedule it is assumed that approval would be granted for plan development during NEPA review.
3 It is assumed that right of way process will require 6 months. This process can be significantly longer.
Regards,
Stantec Consulting Services Inc.
Israel Maynard, PE Greg Goyette, PE
Project Manager Senior Principal
Phone: (802) 497-6415 Phone: (802) 497-6403
Israel.maynard@stantec.com Greg.Goyette@stantec.com
Attachment: Cost Schedule, Hartgen Proposal, Vermont Survey and Engineering Proposal
Principal Project
Manager
Project
Engineer
Permit
Spec.Tech. TOTAL
Phase A - Project Definition
1 Project Kickoff
1a Project Kickoff Meeting 2 2
1b Local Conerns Meeting
2 Document Existing Conditions
2a Topographic Survey and Base Mapping
2b Updated traffic/Accident Information 1 1
2c Soils Investigation
2d Critical Environmental Resource and Permit Requirements
2d.1 Natural Resouce Identification / Wetland Delineation 6 6
2d.2 Natural Resource Report 8 8
2d.2 Historical/Archeological Resource Identification
3 Conceptual Design
3a Municipal / Utility Concerns
3a.1 Base Map with Utilities
3b Plan Development
3b.1 Title Page (1) 2 2 4
3b.2 Layout Sheets (1) 1 4 8 13
3b.3 Culvert Elevation (1) 4 8 12
3b.4 Typical Sections and Details (Assume 2 sheets) 1 4 8 13
3b.5 Cross-Sections (Assume 4 sheets) 1 4 6 11
3b.6 Traffic Control Plans and Notes Assume 2 sheets) 1 4 10 15
3b.7 Utility Coordination 2 4 4 10
3b.8 Cost Estimate 2 8 10
3b.9 Quality Assurance/Quality Control 2 4 4 8 18
3b.10 Submission to VTrans and Town 1 1 2
3b.11 Respond to VTrans comments 2 4 6
3c Public Update Meeting
3d NEPA Documentation
3d.1 VTrans Environmental Analysis Sheet 4 4
3d.2 Supporting documentation 12 12
3d.3 FHWA approval
Phase B - Project Design
4 Prelminary Design
4a Plan Development
4a.1 Title Sheet 1 1
4a.2 Typical Section/Details Sheets (assume 2 required) 1 4 4 9
4a.3 Layout Sheets (assume 2 required) 1 4 6 11
4a.4 Roadway Profile(assume 2 required) 4 6 10
4a.5 Culvert Elevation/Channel Profile(assume 2 required) 4 8 12
4a.6 Cross-Sections 4 8 12
4a.7 Erosion Prevention Measures Plan and Details Sheets 4 8 12
4a.8 Signs and Pavement Markings Sheets
4a.9 Traffic Control Plan Sheets (assume 2 required) 1 4 8 13
4a.10 Utility Relocation Sheets
4a.11 Cost Estimate Update 1 4 4 9
4a.12 Quality Assurance/Quality Control 1 1 2 4 8
4a.13 Submission to VTrans and Town 1 1
4a.14 Respond to VTrans comments 1 2 2 5
4b Utility Conflicts
4c ROW Identificaiton/Acquisition
Assume not required
Assume not required
TASK-LABOR HOUR SCHEDULE
Bartlett Bay Road Culvert Replacement TA23(25)
City of South Burlington, Vermont
May 21, 2024
TASK
Completed by VTrans
To be completed by City
By subconsultant (Vermont Survey)
To be completed by City
Assume Not Required
By subconsultant (Hartgen)
By subconsultant (Vermont Survey)
V:\1794\business_development\Proposals\Municipal\Stormwater\2024 So Burlington Bartlett Bay Culvert\TLH costs.xls
Principal Project
Manager
Project
Engineer
Permit
Spec.Tech. TOTALTASK
4c.1 Title Abstracts
4c.2 ROW Plan and Detail 2 8 12 22
4c.3 waiver valuations
4c.4 easement documents
4c.5 ROW clearance
5 Final Design
5.a Permit Acquisition
5.a.1 Onsite Meeting (includes Wetland confirmation) 4 4
5.a.2 Operational Stormwater Permit
5.a.3 Construction General Permit
5.a.4 State Wetlands Coordination and Permit Application 1 12 2 15
5.a.5 Army Corps of Engineers Coordination and Permit Application 1 12 2 15
5.a.6 Stream Alterations General Permit 1 4 2 7
5.a.7 Flood Hazard Coordination and Permit Application
5.a.8 Municipal Permits
5.a.9 Act 250 Permit
5.a.10 Other State Permits
5.b Final Plans and Bid Documents
5.b.1 Develop Final Plans 2 12 20 34
5.b.2 Design Certification 1 1
5.b.3 Utility Clearance
5.b.4 Final Estimate 4 4
5.b.5 Quality Assurance/Quality Control 1 2 2 5
5.b.6 Submission to VTrans and Town 1 1
5.b.7 Respond to VTrans comments 2 2 4
5.c Contract Plans/Specifications/Estimate
5.c.1 Contract (100%) Plans 2 8 12 22
5.c.2 Construction Bid Package 1 2 4 4 11
6 Construction
5.a Invitation to Bid
5.a.1 Advertise Bid
5.a.2 Pre-Bid Meeting 4 4
5.a.3 Issue Addendum (assume 1 required) 1 2 3
5.a.4 Bid Opening
5.a.5 Tabulate Bids 2 2
5.b Bid Analysis
9.3.6 Analyze Bids 2 8 10
9.3.7 Award Recommendation 2 2
9.3.8 Contract Award
Phase C - Construction Design Services
# Construction Services
10 Shop Drawings (assume 1 shop drawings and 1 resubmission) 8 8
10 Questions (assume 1 hour/week for 8 weeks) 8 8
10 Site Visits 1 1 2
To be completed by City
140
To be completed by City
Assume by city attorney
434
Assume not required
Assume completed by city if required
Assume not required
64 180
To be completed by City
To be completed by City
Assume not required
TOTAL STANTEC HOURS 5 45
Assume not required
Assume not required
Assume by city
Assume by city
Assume by city
V:\1794\business_development\Proposals\Municipal\Stormwater\2024 So Burlington Bartlett Bay Culvert\TLH costs.xls
ITEM Principal
Project
Manager
Project
Engineer Permit Spec. Tech. TOTAL
Total Labor Hours 5 45 140 64 180 434
Average Hourly Rate* $80.00 $70.00 $60.00 $50.00 $40.00
Direct Labor Costs $400 $3,150 $8,400 $3,200 $7,200 $22,350
Overhead @ 159.48% $35,644
Fixed Fee $5,800
Stantec Labor Total $63,794
Direct Expenses (see attached) $238
Subconsultants
Hartgen Archeological Associates $3,900
Vermont Survey and Engineering $7,068
Direct Expenses and Subconsultant Total $11,206
Project Total $75,000
*Average hourly rate used for budgeting purposes. Town will be billed at cost plus fixed fee based on actual
hourly rate of employee.
COSTS SCHEDULE
Bartlett Bay Road Culvert Replacement TA23(25)
City of South Burlington, Vermont
May 21, 2024
1. Vehicle Mileage
a. To and from project sites
44 miles x $0.670 / mile =$29
To be completed by CityTOTAL Vehicle Mileage =$29
2. Subsurface Investigation
a. Exploratory excavation =$0
b. Borings =$0
c. Infiltration test materials =$0
TOTAL Subsurface =$0
3. Lodging and Meals
Lodging 0 days x $70.00 / day =$0
Meals 0 days x $30.00 / day =$0
TOTAL Lodging and Meals =$0
4. Printing and Reproduction
No. of
Sheets
No.
of
Conceptual PlansAssume submitted electronicallyFull Size $0.73 / sheet =$0Half Size $0.54 / sheet =$0
Preliminary PlansAssume submitted electronically
Full Size To be completed by City =$0
Half Size $0.54 / sheet =$0
Final Plans Assume submitted electronically
Full Size $0.73 / sheet =$0
Half Size $0.54 / sheet =$0
Contract Plans Assume submitted electronically
Full Size $0.73 / sheet =$0
Half Size $0.54 / sheet =$0
Right-of-Way PlansAssume submitted electronically
Full Size $0.73 / sheet =$0
Half Size $0.54 / sheet =$0
Misc Printing (Estimated)=$209
TOTAL Printing =$209
TOTAL Direct Expenses =$238
To be completed by City
To be completed by City
To be completed by City
To be completed by City
Note: While the Federal vehicle mileage reimbursement rate is used for budgeting purposes, Stantec will only
bill the rate as approved by the Town.
DIRECT EXPENSES
Bartlett Bay Road Culvert Replacement TA23(25)
City of South Burlington, Vermont
May 21, 2024
May 16, 2024
Israel Maynard, PE
Stantec
193 Tilley Drive, Suite 101
South Burlington, VT 05403
p. 802.497.6415
e. Israel.Maynard@stantec.com
Subject: Bartlett Bay Road Culvert Replacement, City of South Burlington, Chittenden County, VT
Proposal for Archeological Resource Assessment
P2024-179
Dear Mr. Maynard,
This letter presents Hartgen Archeological Associates, Inc.’s proposal to implement the Scope of Work
presented in Attachment 1, subject to the qualifying assumptions listed in Attachment 2. The following
proposed fees assume that work will be conducted on a lump sum basis unless explicitly stated otherwise.
Archeological Resource Assessment: $3,900.00
Regards,
Benjamin Heckman
Project Manager
Attachments
1. Scope of Work
2. Assumptions, Terms, and Conditions
ATTACHMENT 1: SCOPE OF WORK
P2024-179 Rev. May 16, 2024
SCOPE OF WORK (MAY 16, 2024)
This section defines Hartgen’s proposed Scope of Work. All work will be overseen staff members who meet
the Secretary of the Interior’s Professional Qualification Standards outlined in Archeology and Historic Preservation:
Secretary of the Interior's Standards and Guidelines as Amended and Annotated and required under Title 36 of the Code
of Federal Regulations, Section 61 (36 CFR 61).
Project Information
Project Name Bartlett Bay Road Culvert Replacement
Project Location City of South Burlington, Chittenden County, VT
Hartgen No. P2024-179
Hartgen’s understanding of the project is summarized below:
The project has involvement from the Vermont Agency of Transportation and is subject to compliance
with Section 106 of the National Historic Preservation Act.
The cultural resources investigation will be reviewed by the Vermont Agency of Transportation (VDHP).
The project entails the replacement of the 36-inch culvert that carries North Brook under Bartlett Bay
Road.
Applicable Guidelines
Work will conform to the following guidance document(s):
Guidelines for Conducting Archeology in Vermont (VDHP 2017).
National Register Bulletin: Guidelines for Evaluating and Registering Archeological Properties (National Park Service
2000).
Bartlett Bay Road Culvert Replacement, City of South Burlington, Chittenden County, VT
Proposal for Archeological Resource Assessment
P2024-179
P2024-179 Rev. May 16, 2024
2
Area of Potential Effects (APE)
The area of potential effects (APE) measures approximately 1 acre as shown in Figure 1.
Figure 1. Area of Potential Effects (APE).
Archeological Resource Assessment (ARA)
Literature Review: Review archeological, historical, and environmental information to inform an assessment
of the archeological potential of the APE.
o Compile project information including the project size, location, and description of proposed
undertaking.
o Review environmental information including soils, bedrock geology, topography and hydrology.
o Consult the Vermont Division for Historic Preservation’s Online Resource Center (ORC) to identify
known archeological sites, previous archeological surveys, and National Register listed and eligible
properties and districts in the vicinity of the APE.
o Examine historical maps and provide an interpretation of potential historic resources.
o Conduct research using on-line and published resources to prepare a brief building and land-use
history(ies) of the APE.
Site Reconnaissance: Conduct a site visit to observe and photograph existing conditions, present land use,
any evidence of prior soil disturbance, and any structures within the APE. Conduct a limited number of
soil cores to investigate soil stratigraphy and assess soil integrity.
Bartlett Bay Road Culvert Replacement, City of South Burlington, Chittenden County, VT
Proposal for Archeological Resource Assessment
P2024-179
P2024-179 Rev. May 16, 2024
3
Assessment: Assess the archeological sensitivity and potential and provide recommendations regarding
Phase 1 archeological testing.
Report Preparation and Dissemination: Prepare a report conforming to VDHP’s Guidelines for Conducting
Archeology in Vermont (2017). As appropriate, reports will contain text, tables, color maps and photographs,
shovel test records, and an artifact inventory. Hartgen will provide a PDF version of the draft report for
the client’s review. The client will compile and submit all comments to Hartgen in a single submission.
Hartgen will address one round of comments, revising the report as appropriate. Hartgen will issue a PDF
copy of the final report. If the report contains detailed archeological site location information, Hartgen will
also issue a redacted version.
Project Communications
Participate in Project-related client and agency consultation, meetings, telephone calls, videoconferences,
and/or written correspondence for up to 2 hour(s).
Schedule
A preliminary schedule follows. Hartgen will commit to a schedule at the time of authorization. Fieldwork is
weather dependent and inclement conditions may cause delays.
Task Anticipated date of completion
Notice to proceed June 21, 2024
ARA site visit June 28, 2024
ARA report August 2, 2024
ATTACHMENT 2: ASSUMPTIONS
TERMS, AND CONDITIONS
P2024-179 Rev. May 16, 2024
ASSUMPTIONS, TERMS, AND CONDITIONS
Unless explicitly stated otherwise in the Scope of Work, the following assumptions, terms, and conditions apply.
Changes to the Area of Potential Effects (APE) or Study Area while work is in progress will incur additional
fees.
Hartgen requires 2 business days advance notice to cancel scheduled fieldwork. Cancellations less than 2
business days in advance will incur charges equal to 50% of the first day of scheduled fieldwork.
Work completed by Hartgen at the instruction of the Client that is not explicitly included in the Scope of
Work will be billed on a time and materials basis as “Out-of-Scope” work.
Artifacts not selected for curation at the Vermont Archeology Heritage Center will be shipped to the client
or landowner upon request. If no such request is made upon completion of this scope of work, Hartgen
will dispose of any samples collected during its work in the manner it deems appropriate. Shipping and
handling charges apply to delivery requests.
Hartgen will provide storage for artifact collections for up to three months from the date the final report
is delivered. After the end of the three-month period, storage fees will be charged on an annual basis at a
rate of $100.00 for the first cubic foot and $25 for each additional cubic foot thereafter.
A request will be submitted by others to Dig Safe VT to mark utilities in all areas where excavation is
proposed.
Hartgen will not be required to obtain any permits as part of its Scope of Work.
The archeological crew will be able to traverse the project area and complete on-site activities without the
need to clear vegetation.
When archeological fieldwork is included in the scope of work, hand excavation will be sufficient to reach
the full depth of cultural deposits, and no mechanical excavation equipment will be required.
Deliverables will be issued in digital format only.
All necessary landowner coordination required for Hartgen to complete the Scope of Work will be
completed by others.
Mechanical excavation services, when required to complete the Scope of Work, will be procured by others.
Plowing and disking of any areas identified for surface collection in the Scope of Work will be completed
by others.
The restoration of lawn or other plantings disturbed during archeological excavations is not included in the
Scope of Work.
Fencing or other site security measures required to ensure public safety during archeological fieldwork will
be the responsibility of others.
Hartgen will retain copies of publicly available source datasets used in the completion of the Scope of Work
for one year following project completion.
Vermont Survey and Engineering, Inc.
Surveyors and Civil Engineers
79 River Street, Suite 201, Montpelier, Vermont 05602
(802) 229-9138, info@vermontsurvey.com
May 20, 2024 Page 1 of 3
Bartlett Bay Road Culvert Replacement Project
City of South Burlington, Vermont
Topographic Survey & Base Mapping
VSE will conduct a topographic survey and develop a site plan of existing conditions along North Brook and
Bartlett Bay Road within the survey area shown on the attached sketch. The area to be surveyed is approximately
400 feet in length along the roadway centerline, 200 feet each side of the 36” diameter culvert, and 100 feet
upstream and downstream along North Brook. The width of survey is about 75 feet centered on the roadway and
50 feet centered on the brook All surveying activities will be conducted under the direction and supervision of a
Vermont Licensed Land Surveyor. The survey will be expressed in U.S. Survey Feet, referenced vertically to
NAVD 88, and horizontally to NAD 83 SPC(4400 VT).
The field survey will be performed in accordance with VTrans standard practices. The survey and mapping will
accurately show all existing topographic features, visible utilities, and drainage. Rim, top of grate/cover, invert
elevations and pipe size and type will be obtained as well as location of all other underground utilities if marked
by their respective owners. Utilities outside of the survey limits that connect to the project area will also be
located. Using the information obtained, VSE will develop base mapping and a three-dimensional model in
MicroStation and InRoads formats in accordance with current VTrans specifications.
May 20, 2024 Page 2 of 3
Bartlett Bay Road Culvert Replacement Project
City of South Burlington, Vermont
Cost Estimate – Topographic Survey & Base Mapping Labor Classification Hours Rate Total Survey Party Chief 30 $102.00 $3,060.00 Instrument Operator 30 $88.00 $2,640.00
Senior CAD Operator 10 $120.00 $1,200.00 Total Labor $6,900.00
Expenses Expense Amount Rate Total Mileage 250 mi. $0.67 $167.50 Total Expenses $167.50 Total Estimate $7,067.50
MEMORANDUM
To: South Burlington City Council
From: Dave Wheeler, Water Resources Engineer
CC: Jessie Baker, City Manager
Tom DiPietro, Director of Public Works
Paul Conner, Director of Planning & Zoning
Date: July 9, 2024
Re: Update to the South Burlington Water Ordinance
This evening is the second reading and ,irst public hearing on draft amendments to the Water
Ordinance, as warned by Council at your May 20th meeting. Enclosed with your packet please
,ind a “redline” version of the Water Ordinance with the amendments as voted upon for
public hearing in May. There have been no changes to the proposed ordinance language since
it was ,irst presented to Council. Revisions proposed in the updated ordinance include:
·Updates to modernize de,initions, language, and formatting throughout the
document, as well as updates to technical standards and speci,ications.
·De,ining the City’s water service area, intended to be aligned with the City Plan and
Land Development Regulations, as well as de,ining the City Center Service area that
aligns with the city’s New Town Center designation.
·Updates to language pertaining to water allocation fees and the water fee structure,
including the addition of a base rate to the fee schedule. Proposed revisions will
provide City Council with the ability to establish a base rate in the fee schedule at a
future date. No base rate is established by approval of proposed changes.
Staff recommendation:
Staff recommends the Council open the public hearing, take any feedback, and close the
public hearing. Following the public hearing, the Council is invited to discuss next steps.
The Council can choose at that point to (a) adopt the amendments as originally warned on
May 20th, (b) make any speci,ic changes it may feel appropriate and warn a second public
hearing on these updated amendments, or (c) table action to a future meeting.
Proposed Motions:
Motion 1: “I move to open the public hearing and waive the formal reading of the duly
warned proposed amendments to the City’s Water Ordinance pursuant to 24A V.S.A.
Chapter 13 Section 106.”
180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4112 | WWW.SOUTHBURLINGTONVT.GOV
Motion 2: “I move to close the public hearing of proposed amendments as warned, to
the City of South Burlington’s Water Ordinance pursuant to 24A V.S.A. Chapter 13
Section 106.”
Motion 3:
Option #1 – To adopt as Proposed on May 20, 2024 without additional changes:
“I move to adopt the amended Water Ordinance as warned pursuant to 24A
V.S.A. Chapter 13, Section 107.”
Option #2 – If the Council wishes to make additional amendments or changes:
“I move to consider further amendments to the City’s Water Ordinance,
including _______ and cause all said amendments to be publicly warned and set
for public hearing on August 19th at 7pm.”
Option #3 – To table further discussion and any action to a future meeting: No
motion required.
Chapter 38
UTILITIES*
****
Article III. Water System
Division 1. Generally
Sec. 38-48. Definitions.
Sec. 38-49. Abbreviations.
Sec. 38-50. Water department rates and fees.
Sec. 38-51. Hydrant use permit application.
Secs. 38-52—38-701. Reserved.
Division 2. Extension, Modification and Maintenance of City and CWD Water Mains
Sec. 38-72. Required Connections; Prohibited Extensions; Modifications
Sec. 38-72. Constructing, connecting water main requires prior approvalPermits to
construct.
Sec. 38-73. Water main standards and
requirementsconstruction.
Sec. 38-74. Testing and disinfection of pipeline.
Sec. 38-75. Excavation work requires prior approvalWork initiation.
Sec. 38-76. Modifications or connections to water main requires prior
approvalWork modifications.
Sec. 38-77. Maintenance of wWater main smaintenance.
Sec. 38-78. Maintenance of hHydrant maintenances.
*Charter references—Power to acquire real and personal property for utilities,
§ 13-103; water department, § 13-2001; board of water commissioners, § 13-2004.
State law references—Water regulations, 10 V.S.A. § 1671 et seq.; water and wastewater
system permits, 10 V.S.A. § 1971 et seq.; authority to regulate the location, etc., of utility
poles, wires, etc., 24 V.S.A. § 229(6); authority to regulate sewage capacity to users, etc., 24
V.S.A. § 2291(22); water systems, 24 V.S.A. § 3301 et seq.; water mains and sewers, 24 V.S.A.
§ 3401 et seq.; sewage systems, 24 V.S.A. § 3501 et seq.; uniform water and sewer disconnect
procedure, 24 V.S.A. § 5143 et seq.
CD38:2
SOUTH BURLINGTON CITY CODE
Sec. 38-79. Connecting to Champlain Water District transmission pipelines.
Sec. 38-80. Private water mains and hydrants.
Secs. 38-81—38-103. Reserved.
Division 3. Building Water Service Connections
Sec. 38-104. Permit requiredApplication for service.
Sec. 38-105. ApplicationsCWD Connections.
Sec. 38-106. Service connection requirementss.
Sec. 38-107. Service connection installationWater meters.
Sec. 38-108. Testing; defectsInternal piping.
Sec. 38-109. Water service maintenance and repairOwnership
responsibilities.
Sec. 38-110. Loss or damage to meter or equipmentLoss or damage of
equipment.
Sec. 38-111. Private water systemsPrivate individual systems.
Sec. 38-112. On-site wellsProperties required to connect.
Sec. 38-113. Water supply must be protected prior to service
connectionCross connection control and backflow
prevention.
Sec. 38-114. Seasonal water service.
Sec. 38-115. Meter test ingfee.
Sec. 38-116. Excavations for building water service connections.
Sec. 38-
1167.
Water allocation.
Secs. 38-1178—38-147. Reserved.
Division 4. Use of Public Water Supply System
Sec. 38-148. Primary use.
Sec. 38-149. Auxiliary use of fire hydrants.
Sec. 38-150. Hydrant use; permits.
Sec. 38-151. Water supplyDepartment rights in an emergency.
Sec. 38-152. Liability. City not responsible for injury, loss,
or damage.
Sec. 38-153. Water quality emergency; notification.
Sec. 38-154. Exemption from sewer charges as it relates to pool filling and lawn watering.
Sec. 38-155. Private Maintenance of private hydrants and fire servicessprinkler
systems.
Secs. 38-156—38-178. Reserved.
Division 5. Protection from Damage
Sec. 38-179. Tampering with public water system
prohibitedIntentional damage.
Sec. 38-180. Repair or replacement costs.
Sec. 38-181. Obstruction of water distribution system
CD38:3
prohibitedInterference.
Sec. 38-182. Contamination of public water supply unlawful.
Sec. 38-183. Permit required forUnauthorized fire hydrant use.
Sec. 38-184. Wasteful consumption prohibited.
Sec.
Sec.
Sec.
38-185.
38-186
38-187
ViolationWater conservation.
Waterline mark out.
Protection from freezing.
Secs. 38-186188—38-208. Reserved.
CD38:4
UTILITIES
Division 6. Powers and Authority of Inspectors
Sec. 38-209. Inspection by superintendent of properties; powers and authority; disconnec-
tion of serviceRight to access.
Sec. 38-210. IndemnificationSafety.
Sec. 38-211. Inspection by superintendent of private properties; entry and subsequent
work on easementEntry onto easement properties.
Sec. 38-212. Authority to inquire into any processes affecting safe, potable water.
Authority to inquire into any processes affecting safe, potable water.
Secs. 38-2143—38-232. Reserved.
Division 7. Penalties
Sec. 38-233. Civil penalties; waiver fees.
Sec. 38-234. Violations.
Sec. 38-
2345.
City has right to institute civil action.
Sec. 38-
2356.
Notice of violation; correction.
Secs. 38-2367—38-265. Reserved.
Division 8. Rates and fees
Sec. 38-266. Authority to establish rates.
Sec. 38-267. Service application, connection and initiationNew
connection fee.
Sec. 38-268. Hydrant use fees.
Sec. 38-269. Water usage feeMinimum customer fees.
Sec. 38-270. Shut-off and turn-on feesFees for turning water
on/off.
Sec. 38-271. Sinking fundExcess revenue.
Sec. 38-272. Water charge invoice; delinquencyBilling cycles.
Sec. 38-273. Applicants responsible for payment of
billsWater charges.
Sec. 38-274. Sprinkler line annual feeFire sprinkler systems.
Sec. 38-275. Rate and fee schedule review.
Sec. 38-276. Residential and serviceCWD water application
fee.
Sec. 38-277. Final water readings.
Sec.
Sec.
Sec.
38-278.
38-279.
38-280.
Lien priorityCurb stop operation fee.
Lien priority.
Abatement.
Secs. 38-28179—38-304. Reserved.
CD38:5
Division 9. Disconnection Policy
Sec. 38-305. Purpose.
Sec. 38-306. Reconnections requested outside normal working hours.
Sec.
38-307.
Reconnection rates.
Secs. 38-308—38-319. Reserved.
CD38:6
UTILITIES § 38-48
****
ARTICLE III. WATER SYSTEM
DIVISION 1. GENERALLY
Sec. 38-48. 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 Water Service Line means a water service line that serves a
building that is demolished and no building or zoning permits for a new
building are pending, or, when a new meter service line has been installed
to serve a building and use of the old service line has been discontinued.
Allocation means a commitment, issued to an applicant pursuant to
these Rules, of a certain number of gallons per day (gpd) from the water
distribution system’s reserve water storage capacity for use in connection
with a land development project. Allocation Fees shall be established by
the city council and shall be due in accordance with this Ordinance.
Approved means accepted by the city water department as meeting an
applicable specification stated or cited in this article.
CD38:7
§ 38-48 SOUTH BURLINGTON CITY CODE
Backflow means:
(1) A flow condition, induced by a differential in pressure, that causes the
flow of water or other liquid into the distribution system of a potable
water supply, from any source or sources other than its intended
source.
(2) The backing up of water through a conduit or channel in the direction
opposite to normal flow.
Backflow preventer means a device or means designed to prevent backflow.
Air gap means the unobstructed vertical distance through the free
atmosphere between the lowest opening from any pipe or pipe or faucet
supplying water to a tank, plumbing fixture, or other device and the level
rim of said vessel. An approved air gap shall be at least double the
diameter of the supply pipe, measured vertically above the top of the
overflow rim of the vessel; and in no case less than one inch.
Double check valve assembly means an assembly of two independently
operating approved check valves with tightly closing shut-off valves on
each end of the check valves, plus properly located test cocks for the testing of
each check valve. To be approved, these devices must be readily accessible
for in-line testing and maintenance.
Reduced pressure principle deviceBackflow Prevention Assembly Type means
any effective assembly used to prevent backflow into a potable water
system. The type of assembly shall be based on the existing or potential
degree of hazard and backflow condition. The types of backflow prevention
assemblies are::
(1) Air Gap (AG)
(2) Atmospheric Vacuum Breaker Backsiphonage Prevention
Assembly (AVB)
(3) Double Check Valve Backflow Prevention Assembly (DCV)
(4) Double Check- Detector Backflow Prevention Assembly (DCVD)
(5) Dual Check (DC)
(6) Pressure Vacuum Breaker Backsiphonage Prevention Assembly
(PVB)
(7) Reduced Pressure Principal Backflow Prevention Assembly
(RPZ)
CD38:8
(8) Reduced Pressure Principal-Detector Backflow Prevention
Assembly (RPZD)
(9) Spill-Resistant Pressure Vacuum Breaker Backsiphonage
Prevention Assembly (SVB)
(1) An assembly of two independently acting approved check valves
together with a hydraulically operating, mechanically independent
pressure relief valve located between the check valves and at the
same time below the first check valve. The unit shall include
properly located test cocks and tightly closing shut-off valves at
each end of the assembly. The assembly shall operate to maintain
the pressure on the public water supply side of the device. At
cessation of normal flow the pressure between the two check
valves shall be less than the pressure on the public water supply
side of the device.
(2) In case of leakage of either of the check valves, the differential
relief valve shall operate to maintain the reduced pressure in the
zone between the check valves by discharging to the atmosphere.
When the inlet pressure is two pounds per square inch or less, the
relief valve shall open to the atmosphere. To be approved, these
CD38:9
UTILITIES § 38-48
devices must be readily accessible for in-line testing and
maintenance and be installed in a location where no part of the
device will be submerged.
Bedroom means any room within a building or structure that is permitted, used, or
serves as sleeping quarters.
Capacity Allocation means (a decision of) Reserve Capacity set forth to
commit a specified amount of water capacity (measured in gallons per day as
described herein) to a specific area or areas or specific project.
Capital Improvement means significant improvement to public
infrastructure having a purchase, lease or construction cost of more than
$5,000 and expected working life of more than five (5) years.
Cellar stop means the valve installed on the service pipe after it enters the
building and before the water meter, owned by the Owner of the building.
May also be called ball valve,, service gate valve, main valve, or angle valve.
Change of Use means the modification of a use of a building or land, or
the replacement of a use of a building or land with another use or uses, or
the addition of a use or uses to a building or land, or the cessation of a
use or uses of a building or land.
Chapter 21 means the most current version of the State of Vermont
Environmental Protection Rules, Chapter 21 - Vermont Water Supply Rule. EPR
Chapter 21 applies to all Public Water Systems in Vermont. For
clarification purposes, EPR Chapter 1-Wastewater System and Potable
Water Supply Rules, are for non-public water systems.
City Center service area means that area of the city located in the Central
District I New Town Centerzoning district, as designated approved by the
State of Vermont DesignationDowntown Board Program city zoning
regulations presently in effect or hereafter amended.
Commercial or industrial unit means a single commercial or industrial
unit, whether rented or owned by the business or occupant, which has
independent ingress and egress or has common ingress or egress with other
units within a building or structure, but with separate commercial or
industrial facilities. Examples may include, but are not be limited to,
CD38:10
stores located in shopping centers or separate office or condominium units
within a single building or structure. A commercial or industrial unit is for
use for other than residential purposes.
Committed Reserve Design Capacity means the total amount of proposed
development water flow (gallons per day, gpd) for all projects/ buildings
approved by the City and the State of Vermont for to the water system, but
not yet consuming water at the time of calculation.
Completed construction means, for a single building, completion of all
foundation, framing, siding, roofs and improvements, or for subdivision
development, the completion of all buildings on all buildings on all lots.
Connection fee means a onetime fee imposed on applicants for the city’s
cost to fund upgrades, capital improvements and extensions of the water
system in order to maintain capacity for new connections. Said fee is to be
paid to the department prior to connecting to the water systemtwo-part fee
comprised of a connection fee and a water initiation fee imposed on
applicants for the city's cost of performing, supplying materials,
supervising, inspecting and administering a connection to the water system,
including any water service extension, upgrade of a water service, or for
any portion of these activities.
Contaminant Conservation Notice or Order means a notice issued by the
CWD or city, based on the determination that customary and usual water
use will exceed the supply available or compromise fire protection for the
time specified in the notice or orderany physical, chemical, biological, or
radiological substance or matter in water.
Contaminant means any physical, chemical, biological, or radiological
substance or matter in water.
Contamination means an impairment of the quality of water which creates
an actual hazard to the public health through poisoning or through the
spread of disease by sewerage, industrial fluids, waste, etc..
CD38:11
§ 38-48 SOUTH BURLINGTON CITY CODE
Corporation stop (corporation) means a valve for joining a service pipe to a
street water main. It is usually owned and operated by the city when within
the City right-of-way. It cannot be operated from the surface.
Cross connection means any physical connection or arrangement between
two otherwise separate piping systems; one of which contains potable water,
and the other, water or liquid of unknown or questionable safety, steam,
gases or chemicals whereby there may be a flow from one system to the other.
Curb stop means the valve that normally terminates the city's portion of
the service line normally located at the highway right-of-way or public water
main right-of-way and to which the building's service line is connected to
provide water service to the user. It can be operated from the surface.
Department means the city water department. For the purposes of this
article, the terms "department" and "city water department" are interchange-
able.
Design Capacity (or Permitted Capacity) means the monthly average daily
flow that the City is permitted.
Development means the construction of improvements on a tract of land for
any purpose, including, but not limited to, residential, commercial, industrial,
manufacturing, farming, educational, medical, charitable, civic, recreational,
and religious uses.
Development water flow means the estimated flow calculated using Table
A2-1- Unitized Average Day Flows, as shown in EPR Chapter 21 latest
edition, as promulgated at the time a water allocation letter is requested.
The City does not accept historical meter data from another property as
an alternative method for determining this flowestimated flow calculated
using flow quantities, adopted as rules by the state, as promulgated at the
time a water allocation letter is requested.
Director means the Director of South Burlington Public Works.
Disconnection means the deliberate interruption by the department of
water service to the user.
Disinfectant means any substance, including, but not limited to, chlorine,
chlorine dioxide, chloramines, and ozone added to water in any part of the
treatment or distribution process, that is intended to kill or inactivate
pathogenic microorganisms and potential pathogens.
Distribution Department. The Distribution Department of the Champlain
CD38:12
Water District is responsible for the administration and operation of the
City of South Burlington water department and acting as the South
Burlington Water Department. At the time of this ordinance approval the
Champlain Water District is under a service agreement to act as the
Distribution Department.
District means the legislative body of the Champlain Water District or its
appointed representatives.
Easement means the authorization of a property owner for the use by
another or for a specified purpose, of any designated part of theirhis
property.
Excavation means the removal or recovery by any means whatsoever of soil,
rock, minerals, mineral substances, or organic substances other than
vegetation, from water or land on or beneath the surface thereof, or beneath
the land surface, whether exposed or submerged.
Failed System means any private water treatment system, such as a
traditional well system, that no longer effectively supplies Potable Water.
Fire flow means the rate of flow, usually expressed in gallons per minute
that can be delivered from a water distribution system at a specified residual
pressure for firefighting purposes.
CD38:13
UTILITIES § 38-48
Fire service means the water service provided to a user for fire protection
systems or equipment installed on the property of the user, such as a
sprinkler system.
First-come, first-served basis means the review of complete plans and
applications or requests for approval of a project in the order in which they
were received by the department.
Functioning System means any private water treatment system, such as a
traditional well system, that effectively provides a source of potable water.
water service area is provided from tanks on Dorset Street. This area
drinking waterHydrant, private, means a hydrant not constructed by the city
or within the city public right-of-way, nor on city property or within an
easement owned by the city, or a hydrant that has not been accepted by the
superintendent or council.
Hydrant, public, means a hydrant installed by the city within public
rights-of-way, on city property or within an easement owned by the city, or
installed by a person other than the city, which has been offered to and
accepted by the city, which acceptance is documented by action of the
superintendent or council.
Individual booster pump station means a booster pump system that is
owned and operated by the individual service connection, without any
oversite or control from the South Burlington water department.
Industrial fluids system means any fluid or solution which may be
chemically, biologically or otherwise contaminated or polluted in a form or
concentration which would constitute a health, system, pollution or plumbing
hazard if introduced into an approved water supply. This may include, but
not be limited to: polluted or contaminated used waters; all types of process
waters originating from the public potable water system which may deteriorate
in sanitary quality; chemicals in fluid form; plating acids and alkalis,
circulated cooling waters connected to an open cooling tower and/or cooling
waters that are chemically or biologically treated or stabilized with toxic
substances; contaminated natural waters such as from wells, springs,
streams, rivers, bays, harbors, seas, irrigation canals or systems, etc.; oils,
gases, glycerineglycerin, paraffins, caustic and acid solutions and other
liquid and gaseous fluids used industrially, for other processes, or firefighting
purposes.
CD38:14
Independent Water Meter means a water meter that measures water that
is not discharged into the sanitary sewer system. Possible uses include
lawn irrigation system meters, cooling tower meters, and designated pool
filling meters.
Indirect Connection means any change in the structure currently being
served through an existing connection which will result in additional
dwelling units, or in the case of non-residential and tax-exempt space,
where such change will result in additional building square footage or an
increase in meter size, or the addition of a fire service.
Irrigation system means a network of piping designed to distribute water
on or towards plant life to promote growth.
water service area is provided from tanks located on Harbor Ridge Road.
This are drinking water Manifold means a pipe fitting with numerous
branches to convey fluids between a large pipe and several small pipes or to
permit choice of diverting flow from one of several sources or to one of
several discharge points.
Pathogenic means causing or capable of causing disease.
CD38:15
§ 38-48 SOUTH BURLINGTON CITY CODE
Pathogenic means causing or capable of causing disease.
Peak demand means the maximum momentary load placed on a water
system.
Permit means a written document issued by the city South Burlington
water Water department Department pursuant to this article giving
designated persons permission to operate and/or construct, alter,
renovate or connect to or draw water from the city water system.
Permit to Operate means a permit issued to the city for the operation of
the municipal water system by the State of Vermont Department of
Environmental Conservation.
Person, customer or user means an individual, partnership, association,
syndicate, company, firm, trust, corporation, government corporation, municipal
corporation, institution, department, division, bureau, agency or any entity
recognized by law requesting or being provided water or fire protection
from the city.
Pollution means a condition representing the presence of nonpotable,
harmful, or objectionable materials in water.
Potable water means water free from impurities in amounts sufficient to
cause disease or harmful physiological effects, with the bacteriological,
chemical, physical and radiological quality conforming to applicable regula-
tions and standards of the Safe Drinking Water Act administered by the state
water supply division.
Premises means any land and building thereon.
Private street means any road, lane, or way, intended for vehicular access
purpose, which serves a subdivisionmore than two lots, and is neither owned
nor maintained by the city. Private streets and hence, private water mains
and appurtenances shall be marked as such on final plats. The planning
commission, per the city's subdivision regulations, may adopt a street as
private.
Property owner or owner means any full or part Owner, joint Owner,
tenant in common, tenant in partnership, joint tenant or tenant in the
entirety with legal title to the whole or part of a structure or parcel of
landmeans that person or user identified as owner of a property by
recorded deed.
CD38:16
Public water system means any system or combination of systems owned
or controlled by a person, that provides drinking water through pipes or
other constructed conveyances to the public and that has at least fifteen
(15) service connections used by year-round residents or regularly serves
at least 25 year-round residents. For the purposes of this Ordinance, a
Public Water System shall also mean a water system in which all Owners
of abutting properties have equal rights, and is controlled by public entitya
water system in which all owners of abutting properties have equal rights,
and is controlled by public entity.
Residential means water consumption consistent with common household
activities.
Reserve Design Capacity means the permitted water capacity, as
identified in the city’s permit to operate, minus the System Water Flow
during the preceding 12 months.
Retail department. The retail division of the Champlain Water District is
responsible for the administration and operation of the retail water system
owned by the city.
Sampling means the act or technique of selecting a representative part of
the water supply for testing and analysis.
CD38:17
UTILITIES § 38-48
Service connection or service or service line means each single water
pipeline, which provides water to an individual residential living unit, a
commercial unit or an industrial unit from the public water system, is a
service connection. The service connection shall start at the corporation
stop or tap at the main water line and extend inside the building to the
water meter. The applicant, to department standards, shall construct the
service connection on new constructionAll service connections shall be
constructed in accordance with Department approved standards. Once
installed, the responsibility for maintenance and repairs on the service
connection is split at the curb stop or tapping valve between the
owner/applicant and the department. The department has the
responsibility for maintenance from the city owned main line up to and
including the curb stop which is normally located at the edge of the city
right-of-way or tapping valve. The owner/applicant has responsibility
for maintenance and repairs from beyond the downstream side of the curb
stop or tapping valve, including the downstream connection to and inside
the building with the exception ofexcept for the meter.
Standard methods means methods for examination of water and wastewater
published jointly by the American Public Health Association, the American
Water Works Association or the Water Pollution Control Federation or
successor organizations.
Street Right-of-Way means any public right-of-way set aside for public
travel which is accepted or eligible for to be accepted for maintenance by
the City of South Burlington, the State of Vermont, or a bordering Vermont
City or Town if so authorized; or has been dedicated for public travel by
the recording of a plat or subdivision which has been approved or is
subsequently approved by the City of South Burlington; or has otherwise
been established as a public street prior to the adoption of the South
Burlington land development regulations.
Subdivision 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 term "subdivision" includes any development
of a parcel of land such as a commercial or industrial complex, residential
project, or combination. multi-family project, planned unit development, or
planned residential development.
Substantial Change means a permanent increase or decrease in the water
use volume from an existing, or proposed development or building
connection.
CD38:18
Superintendent means the administrative director of the South
Burlington Water Department. When the Champlain Water District serves
as the City’s water department this refers to the retail distribution director
or superintendent of the Champlain Water District, or his their authorized
representative.
System Water Flow means the city’s portion of the water passing through
the city’s water distribution system as measured at the CWD owned
master meter vaults, in gallons per day (gpd) on a monthly average daily
flow basis for the preceding twelve (12) months.
Tapping sleeves means a split sleeve used in making a wet connection
where a single branch line is to be tapped into a water main under pressure.
All taps over two-inches (2”) require a tapping sleeve and valve.
Traverse means to cross via an easement through, or to pass within a city
right-of-way along the edge of, the property in question.
Uncommitted Reserve Design Capacity means the portion of the reserve
design capacity remaining after subtracting committed reserve design
capacity.
Utility Easement means an approved easement of sufficient width shall
be provided in locations acceptable to the city so as to serve both the
proposed subdivision and existing and anticipated development outside
the subdivision, typically twenty (20) feet centered over the water main.
Valve boxes means a metal box set over a valve and rising to the ground
surface, to allow access to the operating nut for opening and closing the valve.
A cover is usually provided at the surface to keep out dirt and debris.
Water main means a pipeline used for the transmission of water to
hydrants and service connections, together with such appurtenant facilities
as are necessary for the proper operation of the main.
City water main means a water main constructed by the city within
public rights-of-way, on city property or within an easement owned by the
CD38:19
§ 38-48 SOUTH BURLINGTON CITY CODE
city, or a water main constructed by a person other than the city which has
been offered to and accepted by the city, which acceptance is documented by
action of the superintendent or council. Any other water main in the city
which is not a city water main or CWD water main shall be deemed a
private main for the purpose of this article and considered an extension
of the City water system.
CWD water main (transmission main) means a water main owned and
controlled by the Champlain Water District (CWD).
Water distribution/supply system (water works) means any publicly owned
water system operated as a public utility under a valid state permit to
supply water for domestic purposes. The term "water supply system"
includes all sources, facilities and appurtenances between the source and
the point of delivery such as valves, pumps, pipes, conduits, tanks,
receptacles, fixtures, equipment and appurtenances used to produce,
convey, treat or store potable water for public consumption or use.
Water service area (service area) means the area served by or planned to be
served by the publicly owned water distribution system, as shown on the
water service area map, located in Appendix A of this ordinance.
High Service Area, means the geographical area within the water service
area of the city, where water is provided from tanks on Dorset Street.
This service area can provide drinking water to a building with a first-
floor elevation at or below 430 feet in elevation.
Main Service Area, means the geographical area within the water
service area of the city, where water is provided from tanks located on
Harbor Ridge Road. This service area can provide drinking water to a
building with a first-floor elevation at or below 260 feet in elevation.
Wet tap (tap) means a connection made to a main that is pressurized.
Working days means Monday through Friday, excluding legal
holidays.
(Ord. of 11-4-2002, art. I, § 1)
Sec. 38-49. 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
CD38:20
following organizations shall refer to the latest edition of it.
ANSI means American National Standards Institute.
ASME means American Society of Mechanical Engineers.
ASTM means American Society of Testing and Materials.
AWWA means American Water Works Association.
CWD means the Champlain Water District.
DRB means the development review board of the city.
DWGPD means the Drinking Water Groundwater Protection Division of
the VT DECVermont Department of Environmental Conservation.
GMWEA means the Green Mountain Water Environment Association, Inc.
NPC means National Plumbing Code.
NeRWA means the Northeast Rural Water Association.
NEWWA means New England Water Works Association, a section of
AWWA.
CD38:21
UTILITIES
NFPA means National Fire Protection Association.
SBWD means South Burlington Water Department.
VRWA means Vermont Rural Water Association.
(Ord. of 11-4-2002, art. I, § 2)
Sec. 38-50. Water department rates and fees.
All water department rates and fees are adopted by majority vote of the
city council and are on file in the city clerk's office.
(Ord. of 11-4-2002, app. I)
Sec. 38-51. Hydrant use permit application.
The city water department's hydrant use permit application is available in
the city clerk's office.
(Ord. of 11-4-2002, app. II)
Secs. 38-52—38-701. Reserved.
DIVISION 2. EXTENSION, MODIFICATION AND MAINTENANCE OF
CITY AND CWD WATER MAINS
Sec. 38-71. Required Connections; Prohibited Extensions;
Modifications
1. Required Extensions and Connections. All property owners located
within the water service area shall be required to connect to the public
water system, or a property owner may be allowed to connect to an
adjacent municipal water system at the discretion of the
superintendent.
2. Prohibited Connections and Extensions. Connections to and extensions
of the public water system proposed to serve development located
outside the water service area are prohibited.
a. Connections to and extensions of existing water system
infrastructure extending to adjacent municipalities are subject to
the provisions of the Ordinance Regulating Use of The Town of
CD38:22
Shelburne Water System.
3. Changes to Water 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 water 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.
c. Upon approval by the City Council, the Water 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 water 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 water service area.
4. All other changes to Water Service Area within the City of South
Burlington. Any change to the water service area within the City of
South Burlington, except those approved under Section 38-71.3, shall
require amendment of this Ordinance.
Sec. 38-72. Constructing, connecting water main requires prior
approvalPermits to construct.
NoIt shall be unlawful to construct a water main, service or appurtenance
that is to be connected to a city water main, without the prior, written
approval of the superintendent. The department shall review plans of all
proposed water 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.
The city is responsible for the distribution of water from the Champlain
Water District (CWD) transmission mains or storage facilities to the tap. For
that reason, the city regulates water distribution main and service line
construction, installation, and maintenance.
CD38:23
To comply with Vermont DEC Drinking Water and Groundwater
Protection Division (DWGPD), permit to construct requirements, the
department shall review and comment on plans for a proposed project to
ensure plans meet the CWD specificationsDPWCity Standards. The
department will provide letters to a project’s developer stating whether or
not the water system has the ability to provide the quantity, quality and
pressures to serve the project, after further evaluation as determined by the
city. The owner shall repair or replace as required, promptly and without
charge, all work, and materials, or parts thereof, which fail to meet the
above guarantee during the required warranty period. Any testing,
inspections, or certifications required by the State of Vermont and/or the
department in relation to the new water system infrastructure will be
conducted by or under the supervision of the Professional Engineer
responsible for the project. All applicable tests, inspection, record drawings,
and certification results shall be supplied to the department.
Water shall only be provided upon satisfaction of all applicable State and
local standards and upon authorization by the department. The water
system shall be responsible for providing water at adequate quantity and
quality in accordance with State regulations and the water system’s existing
permit to operate. Upon authorization by the department, authorized
service to new users shall be covered under and subject to the terms of the
water system’s permit to operate. person shall construct a water main that
is to be connected to a city water main without the prior written approval of
the superintendent.
All property owners located within the water service area shall be required
to connect to the public water system, or a property owner may be allowed
to connect to an adjacent municipal water system at the discretion of the
superintendent.
(Ord. of 11-4-2002, art. II, § 1)
Sec. 38-73. Water mmain construction standards and requirements.
Any water main which is to be connected to a city water main or provide
water from the city’s water distribution system shall be constructed in
accordance with the following standards and requirements:
(1) All municipal water extensions, extended for the purpose of
development shall be a minimum pipe size of eight-inch (8”)
diameter unless waived by the superintendent, and shall be
extended to the farthest boundary line of the development property
CD38:24
within the city or water system right-of-way or an easement
providing for future extension of the system. The superintendent
may require the installation of a pipe size larger than that necessary
for a development for just cause and at no cost to the cityMinimum
pipe size shall be eight-inch, unless the superintendent grants
written approval for use of a smaller pipe size. The superintendent may
require the installation of a larger pipe size. If the superintendent
requires a pipe larger than that necessary for a development, then the
city shall reimburse the person or developer installing the water main
for the difference in cost of material between the eight-inch and the
larger pipe.
CD38:25
§ 38-73 SOUTH BURLINGTON CITY CODE
(2) Water mains shall be located within the right-of-way limits of public
highways in the city, unless the superintendent city grants written
approval for locations of a water main on other property owned by
the city or within an easement granted to the city. Where a water
main is to be located in an easement, and will be owned by the city,
the easement shall:
a. Be perpetual in duration;
b. Be of sufficient width to accommodate the water main and
reasonably needed or anticipated appurtenant facilities,
typically twenty (20) feet wide centered over the pipeline as
constructed;
c. Be of adequate scope to allow the perpetual repair, replacement,
operation and use of the water main and appurtenant facilities
located within the easement;
d. Be sufficiently restrictive to prevent the installation or construc-
tion of improvements within the limits of the easement, including
landscaping improvements, that would place an unreasonable
burden on the city when exercising its rights under the easement;
d.e. Be defined geographically independent of another utility’s
easement limit, regardless of whether or not the city easement
overlaps with another utility’s easement;
e.f. Extend across the entire property of the property to be served to
enable continuation of the main across adjoining property; and
f.g. Act as a bill of sale to convey the water main and appurtenance
facilities located in the easement to the city.
(3) The city’s water system or extension of the city’s water system shall
not be extended beyond the boundaries of the City without a formal
request for such extension from the city council of the municipality
in which service is to be provided and approved as such request by
the city council and the CWD board of water commissioners.When
a water main is extended to serve a specific property, the property
owner shall be responsible for constructing the main to the
property's furthest property line to allow for continuation to adjoining
properties.
(3)
CD38:26
(4) The city will not be required to render service where normal system
pressures may be expected to fall below thirty-five (35) pounds per
square inch (psi) at the first-floor elevation of homes or businesses.
a. Main Service Area: To provide water service at a static pressure
of 35 psi during critical water tank operating levels in the main
service area, the city will only render service to buildings with a
first-floor elevation at or below 260 feet in elevation.
b. High Service Area: To provide water service at a static pressure
of 35 psi during critical water tank operating levels in the high
service area, the city will only render service to buildings with a
first-floor elevation at or below 430 feet in elevation.
(5) In areas where a static water pressure of 35 psi cannot be achieved,
privately owned booster pump stations shall not be used to increase
the pressure served to the minimum 35 psi.
(6) Individual booster pump stations shall not be allowed for any
individual service connection unless installation is approved in
writing by the Department and VT DEC DWGPD, and includes a
properly sized and located air gap, and conforms to VT DEC DWGPD
guidelines.
(4)(7) Persons designing and constructing water mains shall use the
most recent version of the "Specifications and Details for the
Installation of Water Lines and Appurtenances for All Water Systems
Owned by the Champlain Water District, the City of South
Burlington, Colchester Fire District #1, and the Village of Jericho."
Looping of water lines shall be a design requirement wherever
feasible.
(5)(8) Except in cases of emergency, or Unless otherwise approved by
the superintendent in writing, no extensions of water mains or
services shall be installed all water main construction work shall be
performed between April 1 and November 15 and April 1.
(6) A water main shall not be placed in service until the superintendent
issues written authorization of such action. Such authorization will
CD38:27
UTILITIES § 38-76
(9) not be issued until, at a minimum, the superintendent has been
provided written certification from a professional engineer licensed in
the state that the water main and appurtenant facilities:
a. Have been constructed in accordance with approved plans and
required standards, comply with the CWD
specificationsCityDPW Standards; and
b. Have been inspected and tested with results that demonstrate
compliance with applicable standards; and.
b.c. Record drawings as stated in the CWD sSpecifications CityDPW
Standards have been provided.
(Ord. of 11-4-2002, art. II, § 2)
Sec. 38-74. Testing and disinfection of pipeline.
(a) All water mains shall be constructed, tested and disinfected in
accordance with the CWD sSspecificationsCityDPW Standards. noted in
section 38-73. The test pressure for all mains shall be minimum of 200 psi;
or 150 percent of working pressure, whichever is greater.
(b) All costs for all water, materials, equipment and labor to perform the
required installation, testing and disinfections of the pipeline shall be
borne by the contractor.
(c) From the date the new system is placed into service, for one yearuntil
the water main has been accepted by the city, the developer/contractor will
be responsible for any necessary repairs or correc- tions.
(Ord. of 11-4-2002, art. II, § 3)
Sec. 38-75. Excavation work requires prior approvalWork Initiation.
No person shall initiate excavation work within the limits of any city or the
Champlain Water District (CWD) water main easement without the prior
written approval of the superintendent.
(Ord. of 11-4-2002, art. II, § 4)
Sec. 38-76. Work Modifications or connections to water main
requires prior approval.
No person shall perform any work or make any modifications or connec-
CD38:28
tions to a city or CWD water main without the prior written approval of the
superintendent. No person shall operate any valves that are connected to
the city’s water mains unless done in the presence and/or under the
direction of department personnel.
(Ord. of 11-4-2002, art. II, § 5)
CD38:29
§ 38-77 SOUTH BURLINGTON CITY CODE
Sec. 38-77. Maintenance of wWater main smaintenance.
The department shall be responsible for the maintenance of all city water
mains. The department shall oversee the maintenance of private water
mains at current rates for labor and material that shall be billed to the
private water main owner.
(Ord. of 11-4-2002, art. II, § 6)
Sec. 38-78. Maintenance of hHydrants maintenance.
(a) The department shall be responsible for the maintenance of all
hydrants in the city.
(b) To maintain control of the quality of water as required by State and
Federal regulations, and the operability of all fire hydrants within the city, the
owner of a private hydrant(s) shall agree to a fire hydrant maintenance
agreement with the department. Said agreement shall run with the land and
shall be binding on all assigns, grantees, successors and/or heirs of the
owner/applicant.
(c) The department shall provide routine service, including flushing,
lubricating, flow testing, painting, pumping and leak detection, to private
hydrants for this a fee.
(d) If a privately-owned fire hydrant is found to be inoperable and/or in
need of repair, the department shall notify the owner and the South
Burlington Fire Department in writing of the required repairs. All required
repairs shall be made by the Owner within 60 days of the notice to the owner.
(e) In the event weather conditions prevent the required repairs to be made
within such 60-day period, a reasonable additional time shall be allowed.
(f) If the required repairs have not been made within the time specified
herein, the department or its agents may make the required repairs and the
owner shall reimburse the Department for the cost of such work.
(g) Any bill which remains unpaid for the period of 30 calendar days or
greater shall result in a lien against the owner’s land and shall be subject to
collection in the same manner as real property taxes.
(b) Each private hydrant shall be assessed a private hydrant fee.
(c) The department shall provide routine service, including flushing,
lubricating, flow testing, painting, pumping and leak detection, to
CD38:30
private hydrants for such fee.
(d) Work beyond routine labor and material shall be performed at current
rates for labor and material and billed to the hydrant owner.
(Ord. of 11-4-2002, art. II, § 7)
Sec. 38-79. Connecting to Champlain Water District transmission
pipelines.
Persons wishing to connect to or tap a water line owned by the CWD must
contact the superintendentresponsible person in charge of said CWD lines
at CWD. Approval may only be granted if the property cannot otherwise be
connected to a distribution main and reasonable justification is provided.
(Ord. of 11-4-2002, art. II, § 8)
Sec. 38-80. Private water mains and hydrants.
(a) The department shall not maintain any water lines that have not
formally been accepted by the city as stated in section 38-73, except in
subdivisions that are designed to department specifications and are intended
to be accepted, as defined in subsection (e) of this section, or unless the
owner has entered into an annual maintenance contract with the
department, as outlined in subsection (f) of this section.
(b) All water lines and appurtenances not located in the city right-of-way
or public grounds shall be considered private pursuant to this article and
other city ordinances.
(c) All water mains and appurtenances located within an area so designated
as restricted or private by the developer shall be considered private..
CD38:31
UTILITIES § 38-104
(d) Water lines, hydrants, and appurtenances installed at the request of a
property owner in a location that does not directly benefit the city none
was planned or intended shall be considered private, unless waived by the
council.
(e) All water mains and appurtenances in new developments which have
not had final inspections by the department, or are still under warranty by
the contractor, though not subject to a private system maintenance feen
annual fee, are liable for all other fees or charges if services are requested
by the developer, until such time as the lines are deeded over and accepted
by the city, pursuant to this article and other city ordinances. During such
time as the water mains and appurtenances are still under warranty and
have not been transferred to the city no operation of the water main or its
appurtenances may take place without the Department’s approval, and only
then under the supervision of the Department.
(e)(f) A Private System Maintenance Fee may be established or revised
from time to time by the Council to assess charges to properties that have
multiple appurtenances including mains, services, gate valves, fire
hydrant gate valves and blow offs in order to maintain the quality of water
and pipe work integrity within the private system. The owner of private
water appurtenances may enter into an annual maintenance contract with
the department for the routine maintenance service of water main gate
valves, fire service gate valves, and other appurtenances other than fire
hydrants which are covered under other requirements in this ordinance.
The routine maintenance service will include gate valve box cleaning, gate
valve operation, and blow off operation in accordance with recommended
maintenance practices. The owner shall indemnify the department from
any loss or damage such as but not limited to leaking valves, pipes, or
appurtenances or discolored water that may directly or indirectly be
occasioned by the maintenance of the owner’s water valves and
appurtenances, when maintenance is performed in accordance with
established guidelines. It shall be the responsibility of the owner to repair
or replace any appurtenance found to be defective, damaged or non-
operational as part of the provided contracted maintenance service.
(Ord. of 11-4-2002, art. II, § 9)
Secs. 38-81—38-103. Reserved.
CD38:32
DIVISION 3. BUILDING WATER SERVICE CONNECTIONS
Sec. 38-104. Permit requiredApplication for Service.
(a) No person shall initiate construction work to make a connection to a
city or CWD water main without obtaining a permit from the department
authorizing such connection.
(b) Application for a permit shall be made on forms provided by the
department and shall be supplemented by any plans, specifications or other
information which the department deems necessary to review the applica-
tion. Required application fees shall accompany applications, unless
otherwise stated herein.
(c) Any person proposing a new water allocation from the city’s water
distribution system or a substantial change in the volume from the system
shall notify the department at least 45 days prior to the proposed change or
connection.
(d) No such change or connection shall be made without written approval
from the superintendent as required in this article.
(e) The allocation request shall be supplemented by any plans, specifica-
tions, or other information considered pertinent by the department. The
applicant shall state fully and truly all the purposes for which water may
be required and shall submit a new application prior to making any
alterations in that purpose. No person shall use water from the city for
purposes other than those stated in such application.
(Ord. of 11-4-2002, art. III, § 1)
CD38:33
§ 38-105 SOUTH BURLINGTON CITY CODE
Sec. 38-105. ApplicationsCWD Connections.
The department shall act on applications for connections to CWD water
mains in accordance with procedures established by the departmentCWD.
Applicants seeking approval for such connections shall be subject to all
applicable department CWD procedures, requirements and fees.
(Ord. of 11-4-2002, art. III, § 2)
Sec. 38-106. Service connections requirements.
(a) Service connections to city water mains shall be subject to the following
requirements:
(1) All costs and expenses incidental to the installation and connection
of the building water service connection from the water main to the
building or structure shall be borne by the owner. The department
owner shall perform all necessary excavation from the main to the
curb stop and unless the department gives permission to allow
excavation by others. The property owner/agent is responsible and
must provide all neces- sary excavation from the curb stop to the
building structure. The owner shall indemnify the department from
any loss or damage that may directly or indirectly be occasioned
caused by the installation of the water service connection. A new
water service charge shall not pertain to the properties already
serviced by the city unless an indirect connection is proposed. All
work shall be performed by the owner at their cost and inspected by
the department prior to connection.
(2) A separate and independent corporation stop and curb stop with
approved curb box shall be provided for every building. Where one
building stands at the rear of another or on an interior lot and no water
system is available or can be constructed to the rear building through
an adjoining alley, court, yard, or driveway, the department may allow
two services from a single corporation stop, providing each building
has a separate curb stop and curb box. Use of an existing single
corporation stop and service line may only be used when found on
exam visual examination by the department, to be in satisfactory
condition and meeting all requirements of this article. The burden of
proof and all expenses incurred by the department to determine the
condition and adequacy of the service line shall be borne by the
owner of said service line. Where fire services are required, there
shall be a separate domestic service line and shut off outside the
CD38:34
building being served, in a department approved accessible location.
(3) The size, depth, alignment, materials of construction of the building
water service connection and the methods to be used in excavating,
placing the pipe, jointing, testing and backfilling the trench shall all
conform to the requirements of the CWD specificationsCityDPW
Standards noted in division 2 of
CD38:35
UTILITIES § 38-106
this article or other applicable rules and regulations of the depart-
ment. In the absence of code specification provisions or in
amplification thereof, the materials and procedures set forth in
appropriate State codes, specifications of the National Plumbing
Code, Ten States Standards for Water Main and AWWA Standards,
all latest editions, shall apply. Furthermore, the following additional
standards shall apply:
a. New type "K" copper shall be used for all service lines up to and
including two-inch diameter pipe from the corporation stop to the
curb stop. No PVC may be used between the main and curb stop.
b. Service connections over two inches shall require a tapping sleeve
and valve.
c. New service lines up to and including two one inch (1”)es shall
be copper from the curb stop to the building, unless approved
otherwise by the superintendent. 1-1/2” to 2” service lines shall
be of a material as specified in the CWD specificationsCityDPW
Standards. The department reserves the right to inspect all water
service lines from the curb stop to the building.
c.d. The department shall not be responsible or held accountable for
locating any service line between the curb stop and building.
Service line locating between the curb stop and building shall
be at the discretion of the Department.
d.e. All service connections shall be laid at a minimum depth of six
feet (6’), unless specifically waived by the department.
e.f. Service connection taps to the main water line shall only be
performed by firms qualified to perform the service connection tap.
The qualifications of a firm to perform this tap shall be determined
by the department.
All building service connections shall be installed in accordance with
the guidelines outlined in the DPW Standards. The CWD
Sspecifications noted in division 2 of this article contain additional
guidelines for the installation of building service connections.
(b) Prior to any service connection being made to the main water line,
the superintendent, or his designee, shall be given at least two
working days' notice in order that the work can be scheduled for
inspection.
CD38:36
(3) Prior to any service connection being made to the main water line,
the superintendent, or their designee, shall be given at least two
working days' notice in order that the work can be scheduled for
inspection.
(1)(4) All service connections will be made during normal workday hours
and no connection shall be allowed on Friday, Saturday, Sunday or
legal district city holidays.
(2)(5) If the superintendent, or his their designee, has not been properly
notified and the work has proceeded, the superintendent, or his their
designee, may require the completed work to be uncovered for
examination, at the owner's expense and/or be prepared to bear all
repair costs if problems arise.
(3) The property owner/agent shall agree, as a condition of receiving
approval for connection to the department water system, to restore the
CD38:37
§ 38-106 SOUTH BURLINGTON CITY CODE
street, sidewalk, curbs, electrical lines, grassed or open areas or other
features to their original conditions after the installation of the said
water line.
(4)(6) The property owner/agent shall be responsible for obtaining all
local and/or state permits required prior to any excavation.
(7) Failure to comply with proper restoration of facilities may subject the
property owner to penalties regardless of whether the installation was
performed by the owner of the property or another party.
(5)(8) Construction within the public right-of-way shall only be
performed when appropriate permits have been obtained.
Construction within the State Highway right-of-way may require a
permit from the Agency of Transportation. New service connections
will not be made between November 15 and April 1, without prior
approval of the department.
(Ord. of 11-4-2002, art. III, § 3)
Sec. 38-107. Service connection installationWater meters.
All fees and charges shall be paid in full before the connection to the
city’s water distribution system.
All meters shall be furnished by the water department and shall be
installed to department specificationsCity Standards under the direction
of the superintendent. The cost of installing meters shall be paid by the
property owner. The water department shall not furnish water through
any meter over which they do not have exclusive control.
All service connections to city water mains shall have water meters that
shall be installed as follows:
(1) All buildings connected to the city’s -owned water distribution
system shall be required to have meters installed.
(2) All buildings connected to the city owned wastewater system that
may not be connected to the city water distribution system shall be
required to have city owned meters installed on the internal
plumbing system per department requirements. Those customers
shall not be charged water usage fees while connected to an
individual well system.
(3) When required, a meter may be set inside a meter vault (meter pit,
meter box) to assure accurate measuring of all water passing
CD38:38
through it. The meter vault shall be constructed in accordance with
DPW Standards at the owner’s expense and located on the owner’s
property in a location approved by the superintendent. The meter
vault shall be owned and maintained by the owner, including all
appurtenances except the water meter as defined herein. Access
shall be provided to the department for meter inspections, reading,
maintenance, and replacement.
(1)
(2)(4) The property owner of all buildings shall be required to perform
all interior or exterior plumbing necessary to safely accommodate
access to the required water meters, whether or not the plumbing is
new or existing. Interior plumbing work shall be completed by or
under the direct supervision of a licensed plumber.
(5) The department will provide a meter with an outside reader in one of
the following sizes for each structure.sized based on water usage
demand information provided by the owner or their designee. In
addition to the water meter, the department will provide the
following parts at the owners expense and included in the water
connection fee, for new meter installations:
a. For 5/8”x3/4”, ¾”, and 1” meters: straight or angle valve and one
meter tail piece (meter connection, spud), two gaskets.
b. For 1-1/2” and 2” meters: meter flanges (mating flanges), two
gaskets and bolt packs
c. For meters larger than 2”: gaskets and bolt packs for each side of
the meter.
(3) Meter size will be determined by the department based on flow
information supplied to them from the developer or engineer.
Service Connection Meter Size
Meter Size Operating Range
5/8" x 3/4" 1/2—20 gpm (standard
residential)
3/4" x 3/4" 3/4—30 gpm
1" 1—50 gpm
11/2" 2—100 gpm
CD38:39
2" 21/2—160 gpm
(4)(6) In the event an owner desires additional meters within a
structure after the department's city owned meter to further establish
usage in addition to the stated requirements, it shall be the owner's
responsibility to purchase, install, read and maintain these
additional meters. The meters shall should be approved by the
department prior to installation.
CD38:40
UTILITIES § 38-108
(5)(7) In cases where the superintendent determines that it is not
feasible or in the best interest of the city to install individual city owned
meters for multiple units, the department may allow a single meter
to serve multiple units. The number of city owned meters required
shall be determined solely by the department.
(6)(8) Additional city owned meters for the purpose of identifying specific
commercial/ industrial flows due to the subdivision of an existing
building may be installed if approved by the department. Where
such additional meters are to be used by the department as a basis
for billing, the department shall install the meters at the owner's
expense at current connections fees.
(7)(9) It is the responsibility of the department to fix, check or replace
defective or non-working city owned water meters within the
departmentcity. The depart- ment will provide any normal
maintenance of meters without charge. It is the responsibility of the
owner to provide the department access to the building, upon request
by the department, to replace, fix or check the non-working meter. The
owner shall take reasonable measures to protect the inside meter and
outside reader from damage. Reasonable entry and a safe working
space shall be provided around the meter for accessibility to remove,
repair, install, wire, and read the meter. All meters shall be set
horizontally and upright. Meters shall be set immediately inside the
entry point of a building unless waived by the superintendent. New
meters shall be set approximately 18” off the floor, and at least 6”
off the wall.
(8)(10) Each meter installed shall be controlled by a curb stop directly
associated with the meter unless waived by the superintendent.
Generally, domestic water service connections shall not be supplied
from fire sprinkler service connections inside the building. Domestic
water services shall have a separate and independent service line
tapped on the sprinkler line outside the building with an
independent outside shut off.
(9)(11) Water users must connect all fixtures supplied with water on
their premises through their city owned water meters in such a
manner that all water used will be measured. No connections of any
type are permitted on the buildings internal plumbing before the
water meter.
(12) Failure of a building owner to provide access to the city owned water
CD38:41
meter for repairs, maintenance or upgrade, upon request by the
department, shall be considered a violation of this article.
(13) In the event any city owned water meter is removed from any
premises at the request of the owner or for any reason, a
reinstallation fee shall be charged by the department.
(14) Should a city owned meter become inoperative between readings,
upon investigation and discretion of the department, the owner shall
be billed at the average amount of the preceding four quarters that
the meter recorded correctly or as determined by the department.
(15) During construction of any building, and before the installation of a
permanent city owned meter, a contractor may apply to the
department for temporary water service and the installation of a
construction meter. The meter will be provided by the department
prior to water service being turned on. The contractor applying for
temporary water service is responsible for all charges for the
installation/removal of the meter and the volume of water used
during construction.
(16) The department utilizes automatic meter reading (AMR) remote
readers and radio read meters that enable the department to read
city-owned water meters more efficiently and will allow for real time
water usage reports for many customers. Customers are required to
upgrade to an AMR reader or radio read meter and shall be assessed
a remote reading fee, as determined by the city council, until their
upgrade is complete.
(17) Meter locations shall be readily accessible to the department for
meter reading, testing, and maintenance without prior notice to the
customer so long as such access is consistent with regular meter
reading, testing, and maintenance activities. Failure to allow such
access shall be considered a material failure to comply with this
ordinance.
(10)
(Ord. of 11-4-2002, art. III, § 4)
Sec. 38-108. Testing; defectsInternal piping.
(a) The department may require appropriate tests and repairs be made
to the pipes and appurtenances and the owner or theirhis agent, at their
expense, shall furnish all necessary tools, labor, materials, and assistance for
such tests and repairs and shall remove or repair any defective materials
when so ordered by the department.
CD38:42
§ 38-108 SOUTH BURLINGTON CITY CODE
(b) The department reserves the right to demand any unmetered use,
whether intentional or unintentional, be corrected within a reasonable
period of time.
(c) The department may send an estimated bill for unmetered water to the
owner.
(d) Should the property have a change in use and either an increased or
decreased water demand, the department shall install an appropriately sized
water meter to accurately meter the change in use water flows, at the owner’s
expense. The owner or their agent at their expense shall modify all necessary
plumbing components to fit the new city owned water meter.
(e) A pressure regulator and recommended associated plumbing devices,
including any required backflow prevention devices, shall be installed after
the water meter but before the first fixture in the building.
(f) A cellar stop shall be installed before the city-owned water meter and a
second valve installed on the opposite side of the meter so that the meter
can be isolated. The owner shall be responsible for all costs associated with
the purchase, installation and repair of such valves. No bypass lines shall
be installed around the city-owned water meter without approval of the
superintendent.
(g) No new city-owned water meter shall be installed without a pressure
regulator and approved backflow preventer. The full cost of those devices
shall be the responsibility of the owner. Owners of buildings that do not
currently have appropriate shutoff valves and pressure regulators are
encouraged to install them.
(c)
(Ord. of 11-4-2002, art. III, § 5)
Sec. 38-109. Water service maintenance and repairOwnership
responsibilities.
(a) The city owns and is responsible for maintenance and repair of water
service connections from the city-owned main line up to and including the
curb stop, and the city-owned water meter. Only a department employee may
CD38:43
operate, repair, replace, remove, or modify these those items. The cost of
and repairs to, or replacement of cellar stops, internal piping, backflow
preventers, pressure regulators, and check valves shall be the responsibility
of the property owner. The owner is responsible for the service line from the
curb stop to the building and for all internal plumbing except for the city-
owned water meter.
(b) Once installed and accepted, that portion of the service line from the
city-owned main to and including the curb stop shall be the responsibility
of the city. All repairs and required replacements of the service line as
determined by the superintendent from the city-owned water main to the
curb stop are to be performed by the city or its designee, at the city’s
expense, except that replacements of a water service line with a service pipe
of a larger diameter shall be at the expense of the property owner.
(c) All repairs and required replacements of the service line from a water
main owned by others (private) to the curb stop or building shall be the
responsibility of the owner of the property served by the service line. The city
will neither perform the work nor pay for same. All charges associated with
inspecting the repairs and replacements of private service lines shall be
billed to the owner by the department.
(a) In cases where the city owned water distribution main or service line,
valve, valve box, or curb box is damaged, the party responsible for the
damage shall be required to make repairs to the damaged line and shall be
responsible for all costs associated with said repairs.
(d)
(b)(e) Water service lines that have only a tapping valve connected to
a city-owned water main, controlling the flow of water through the line to
the building shall only be owned and maintained by the department from
the city-owned water main up to and including the tapping valve. All costs
associated with the repair and maintenance beyond the tapping valve,
including any downstream fittings, piping and valving, even if the line infrastructure
is located within the city right-of-way, shall be borne by the owner.
(c)(f) It shall be unlawful for any person other than those authorized by
the superintendent to turn water on or off at the curb stop or gate valve.
(d) It shall be unlawful to remove any seal or connecting pin from a valve,
city-owned water meter, or appurtenance.
CD38:44
(g)
A cellar stop shall be installed before the meter and a second valve
installed on the opposite side of the meter so that the meter can be isolated.
The owner shall be responsible for all costs associated with the purchase and
installation of such valves. No bypass lines shall be installed around the
meter without approval of the superintendent.
(e)(h) All abandoned water service connections shall be disconnected
from the water main. Proper disconnection includes closing the
corporation stop at the main, disconnecting the service line, and installing
V-Bio Poly wrap around the service tap assembly and main. Abandonment
of a water service connection controlled by a gate valve shall be done at
the downstream side of the gate valve. The cost of said work to be borne
by the property owner.
(Ord. of 11-4-2002, art. III, § 6)
CD38:45
UTILITIES § 38-112
Sec. 38-110. Loss or damage to meter orof equipment.
In case of loss or damage to the city-owned water meter, remote reader, or
equipment supplied by the city, the customer shall be liable for the costs
of repair and/or replacement of the city-owned water meter, remote reader,
or equipment. Such charges shall include the labor costs of removing,
repairing or replacing the city-owned water meter, remote reader, or
equipment.
(Ord. of 11-4-2002, art. III, § 7)
Sec. 38-111. Private water individual systems.
(a) Customers with private individual water systems that are planning
to connect to A private water system to which the customer has connected
a city water service line shall first be disconnected before city water service
begins, so that water from the private system cannot feed back into the city
distribution system.
(b) The department reserves the right to inspect premises at any time for
compliance with this section.
(c) The use of pumps at a customer's premises, which pumps are connected
in any way to the city water service is prohibited except upon the prior
written consent of the departmentas stated within this article.
(d) In no instance shall any pump use be allowed to interfere with the
qualityy of service to other city customers, and/or where the possibility of
damage to piping of the city or other customers could occur. The use of any
pump at a customer’s premises shall automatically require the installation
of a backflow device, as stated within this article.
(Ord. of 11-4-2002, art. III, § 8)
Sec. 38-112. On-site wells.
(a) On-site wells will not be permitted for new construction where the city
water supply distribution system is reasonably available, unless waived by
the superintendent.
(b) The owner of any house, building, or property used for human
occupancy, employment, recreation, or other purposes, situated within the
city and abutting any street, alley, or right-of-way in which there is located
CD38:46
city water, is hereby required, at his own expense, to connect such property to
the city water main within 180 days of official notice to do so, unless
specifically exempted from this provision by the council. Such notice may be
given in the event of a situation that may affect the health of city residents.
(Ord. of 11-4-2002, art. III, § 9)
CD38:47
§ 38-113 SOUTH BURLINGTON CITY CODE
Sec. 38-113. Water supply must be protected prior to service connec-
tionCross connection control and backflow prevention.
(a) No water service connection to any premises shall be installed or
maintained by the city water department unless the water supply is
protected as required by the most recent version of the ordinance from which
this article is derived and the rules and regulations for thethe ordinance for
the control of cross connections within the city.
(b) Service of water to any premises shall be discontinued by the
superintendent if a required backflow prevention assembly is not installed,
tested, and maintained, or if it is found that a backflow prevention assembly
has been removed, bypassed, or if an unprotected cross connection exists on
the premises.
(c) Service will not be restored until such conditions or defects are
corrected.
(Ord. of 11-4-2002, art. III, § 10)
Sec. 38-114. Seasonal water service.
Seasonal water service shall be supplied primarily from April 15 to
November 1, depending on frost conditions and weather. Seasonal water
customers are responsible for winterizing their water service line.
The department shall only install or remove the seasonal meter and turn
water off or on at the curb stop when requested by the owner. Curb stops
shall be accessible to the department per this article.
(Ord. of 11-4-2002, art. III, § 11)
Sec. 38-115. Meter testing fee.
(a) A meter test fee shall be charged against the customer's account for
those who request that their city owned water meter be removed and
tested. The customer shall be informed of this fee prior to the removal of
the meter for testing.
(b) The customer shall not be charged for a meter test if the meter is found
to be registering fast, outside of AWWA standards in all flow test
conditions.
(c) Notwithstanding this section, residential customers may request a
meter test once every five years at no cost to the customer.
(Ord. of 11-4-2002, art. III, § 12)
CD38:48
Sec. 38-116. Excavations for building water service connections.
All excavations for building water service connections shall be adequately
guarded with barricades and lights so as to protect the public from hazard.
Construction within the city right-of-way shall only be performed when
CD38:49
UTILITIES § 38-117
appropriate permits have been obtained. Construction within the state
highway right-of-way may require a permit from the state agency of
transportation. Every effort shall be made to permit vehicular traffic at all
times.
(Ord. of 11-4-2002, art. III, § 13)
Sec. 38-1167. Water allocation.
(a) Ownership of capacity.
(1) The city owns the water distribution system and utilizes the CWD-
owned water storage system within the city, as defined in this
ordinance and CWD policies. The city is obligated to comply with
conditions put forth by the state department of environmental
conservation drinking water and groundwater supplyprotection division as
it relates to water distribution and water storage requirements.
(2) The capacity of the city's water distribution and storage system is the
property of the city.
(2)(3) A property’s water allocation ceases to exist and is removed from
the committed reserve design capacity list once the property is
connected to the water system. Once connected, the property’s demand
(or usage) becomes part of the water system’s average daily demand.
Owners of an existing service connection that are proposing a change
in use/demand can take the service connection’s average day usage
from meter readings and base future usage demands and analysis and
proposals on historical water usage plus the proposed requested
allocation resulting from the proposed change of use. Typically, the
last three years of metered usage will be used to calculate average day
usage.
(4) Capacity calculations shall include a reserve capacity of 250,000
gallons per day for the City Center service area, which amount may be
reduced from time to time upon the granting of final allocations for
development within the City Center service area.
CD38:50
(3) City Center Service Area Map
(b) Reserve capacity allocation.
(1) All allocations to projects shall be based on the development water
demandsflow calculation. Any differential between actual demands
flow once connected and the calculated development water flow
requested demands is not available for reallocation for another
project or for project expansion.
(2) Persons seeking an allocation of from the uncommitted reserve design
capacity shall complete and receive the following two (2) approvals
from the department. A project shall not become part of the water
CD38:51
system’s committed reserve design capacity list until the following
approvals have been obtained: apply to the department for a
preliminary allocation on an authorized form.
a. Ability to serve water determination and;Such application shall
be accompanied by a calculation of the development water
demand to be generated by the project/ development following
Vermont Water Supply Rule requirements;
b. Unless waived by the superintendent, all calculations over 1,000
gallons per day (gpd) shall be certified by a state-registered
engineerFinal capacity allocation approval.
CD38:52
§ 38-117 SOUTH BURLINGTON CITY CODE
(c) Ability to Serve Water DeterminationPreliminary allocation
determination.
(1) Applicants shall apply to the department for an ability to serve water
determination on the appropriate form. Such application shall:
• Be accompanied by a calculation of the development water
flow to be generated by the project/development,
• All calculations over 1,000 gallons per day (gpd) shall be
certified by a Vermont registered Professional Engineer,
unless waived by the superintendent. Allocations over 10,000
gpd will also require an ability to serve letter from the CWD
wholesale department,
• Include payment of preliminary capacity allocation fees if
any, as set forth in the rate and fee schedule.
• A projection of the time period for completion of the land
development project, and if phased over more than one year,
a projection as to the number of units to be connected to the
water distribution system.
(1)(2) Upon receipt of the application for an ability to serve water
determination water allocation with supportive documents, the
superintendent shall make a preliminary determination regarding
allocation of uncommitted reserve capacity. The superintendent
ntendent shall issue award an ability to serve water determination
preliminary allocation upon making affirmative findings that there is
sufficient uncommitted reserve capacity, including the City Center
reserve capacity, as of the date of the application to accommodate
the development water supply demand for the proposed development
without exceeding the water system’s permitted capacity or
impacting the current water system users.
(2)(3) An ability to serve water preliminary determination by the
superintendent superintendent for allocation capacity shall not
constitute a binding commitment of capacity to the applicant and
may be revoked by the superintendent before a final allocation of
capacity is granted if uncommitted reserve capacity ceases to be
available. An ability to serve water preliminary determination may
be used by the applicant to document that as of the date the ability
CD38:53
to serve water determination was obtained, the a proposed
development has sufficient water capacity available to proceed
through the development review process.
(d) Final capacity allocation.
(1) An applicant who holds an ability to serve water determination preliminary
allocation of capacity may apply for a final applicationcapacity
allocation, upon occurrence ofafter having obtained the following:
a. Obtained sSite 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
subdivisions regulations then in effect;
b. Obtained fFinal approval for a subdivision, planned unit
develop- ment or planned residential development if such
approvals are the only approvals, except a zoning permit, required
for the proposed development under city zoning and subdivision
regulations then in effect;
c. A zoning permit if that is the only approval Obtained all
approvals required under subsections (d)(1)a and b of this section,
if such approvals are required for the proposed development
under city zoning and subdivision regulations then in effect; or
d. Does not require any approvals under city zoning and subdivision
regulations then in effect.
CD38:54
UTILITIES § 38-147
(2) Upon receipt of an application for a final allocation, the
superintendent shall grant a final allocation approval upon
determination that the applicant has an ability to serve water
determination preliminary allocation which has not been revoked
and that there is sufficient uncommitted reserve capacity is available
for the develop- ment and that the proposed use .
(2) A grant of the water final allocation complies with the allocation
priorities and principales and is not in conflict with any other
enactment adopted by the city.
(3) Final capacity allocation approval shall constitute a binding
commitment of water capacity to the applicant subject to the
applicant's compliance imposed on such allocation. The final
allocation shall specify the allowed volume and any other
characteristics determined appropriate by the superintendent.
(4) The final capacity allocation is not transferable to any other person
or development, except a legally binding successor in interest of the
development for which the allocation has been granted. Final
capacity allocation shall run with the land and the specific land
development plans referenced in the applications and shall be
binding upon and inure to the benefit of said lands, their heirs,
successors, and assigns until the allocation’s expiration date.
(4)(5) Once the final capacity allocation approval has been obtained
and the appropriate fees have been paid, the project’s construction
of the connection and if necessary, the municipal water extension,
may proceed. The construction of the connection and, if necessary,
the municipal water extension, must be overseen by a Vermont
registered professional engineer to ensure compliance with the plans
and specifications and good construction practice in a manner
acceptable to the city and in conformance with approved
specifications.
(e) Expiration of allocation.
(1) A preliminary capacity allocation and the associated ability to serve
determination shall expire 2 years from the date of allocation, if the
applicant has failed to apply for final capacity allocation approval.
(1)(2) A final capacity allocation shall expire on the first to occur of the
allfollowing eventsdate that any approval required for grant of the final
CD38:55
allocation expires, unless prior to such date the the applicant has
obtained a zoning permit for the development and initiated the
action for which the allocation zoning permit has been granted has
commenced drawing water:.
• Subsection (e)(1) of this section notwithstanding, for
developments which anThe applicant has failed to apply for
obtained a portion of the required zoning permit(s) prior to the
allocation’s expiration date;
• , Any applicable zoning permits have expired;
(2)• the remaining portion of the final allocation shall expire five
Five years from the date of issuance of the final allocation,
unless extended as provided belowthe 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 city zoning
or subdivision regulations;.
(3)• The applicant may apply to the superintendent to extend the
capacity allocation for one a period of either five years or two years
respectively (based on the above) from the date of expiration of the
final allocation. The superintendent may approve of the
requested extension if the project’s proposed use of the water
allocation continues to comply with the allocation priorities
and principales and is not in conflict with any other
enactment adopted by the city.
(4)• Upon expiration of the final allocation or any portion thereof,
the remaining capacity shall revert to the city and there shall
be no refund of fees paid.
(f) Project review and approval. The department shall strive to review and
approve projects on a first-come, first-served basis. However, the department
retains the right to review applications on other than a first-come, first-
served basis if the department deems such action is in the city's best interest.
(Ord. of 11-4-2002, art. III, § 14)
Secs. 38-1178—38-147. Reserved.
CD38:56
§ 38-148 SOUTH BURLINGTON CITY CODE
DIVISION 4. USE OF PUBLIC WATER SUPPLY SYSTEM
Sec. 38-148. Primary use.
The primary use of the public water supply system shall be for the supply
of potable water to all connected users for residential, commercial, institutional,
agricultural and industrial consumption and fire protection for structures
within the area served by the distribution system.
(Ord. of 11-4-2002, art. IV, § 1)
Sec. 38-149. Auxiliary use of fire hydrants.
(a) Auxiliary use of the public water system, such as using hydrants to fill
swimming pools and the like, shall only be permitted when such uses are
approved by the department and not in conflict with the primary uses under
section 38-148.
(b) Flooding ice rinks from hydrants is not permitted as an auxiliary use.
(Ord. of 11-4-2002, art. IV, § 2)
Sec. 38-150. Hydrant use; permits.
(a) Except for hydrant use by fire departments in fighting fires or
practicing for firefighting, or department use, all of the hydrants in the city
shall require prior approval and issuance of a hydrant use permit. The fee
schedule is as set forth in division 8 of this articleby the city council. The
applicant shall be responsible for providing the all necessary hoses. The
department shall be responsible for attaching and disconnecting hydrant
nozzle gate valves, water meters and backflow devices as required. Water
drawn from any fire hydrant shall be considered non-potable and therefore
not normally used for human consumption without further
treatmentrecommended testing.
(b) Hydrant permit holders shall be financially responsible for the damage
to any hydrant, meter, gate valve, or backflow device, caused by the permit
holder or their agent's failure to protect said equipment during use. The
hydrant use permit holder shall also be financially responsible for the loss of
said equipment and for property damage associated with use of the fire
hydrant.
CD38:57
(Ord. of 11-4-2002, art. IV, § 3)
CD38:58
UTILITIES § 38-153
Sec. 38-151. Water supplyDepartment rights in an emergency.
In the event of an emergency, the department shall have the right to:
(1) Temporarily cut off the water supply in order to make necessary
repairs, connections, etc. While it is the intention to give notice in
advance of planned work that may necessitate interruption of the
supply, notice is to be considered a courtesy only, and not a
requirement on the part of the city. In the case of a break in a pipeline,
water may be shut off without notice to perform emergency repairs.
(2) Reserve sufficient supply of water at all times in storage tanks to
provide for fires or other emergencies, and restrict and regulate the
quantity of water used by customers in case of scarcity or whenever the
public welfare may require such restriction or regulation.
(3) Prescribe any temporary regulations as necessitated by emergency
conditions.
(4) Deny requests for new connections and uses until sufficient reserve
capacity is available.
(3)(5) In the event that a break or leak develops on a customer owned
service line, the customer shall be responsible for the repair. If the
customer refuses or fails to make necessary repairs to a broken or
leaking service line within 24 hours, water service shall be
terminated until such repairs are made. The water service may be
terminated as a result of a break or leak in any service line at any
time when it is determined by the superintendent that a significant
amount of water is being lost, the potential for property damage
exists, or health and safety is threatened.
(Ord. of 11-4-2002, art. IV, § 4)
Sec. 38-152. City not responsible for injury, loss, or damageLiability.
(a) While it is the intention to give reasonable notice in advance of any
work which must be done that will necessitate interruption of the supply,
such notice is considered a courtesy only, and not a requirement of the
department. Failure of a tenant or customer to receive notice of
interruption of service shall entail no liability on the part of the department
or its employees. Customers should install all appliances and equipment
CD38:59
connected with the water system in such a manner that damage will not
occur if the water is shut off without notice.
(b) The city shall not be liable for any injury, loss or damage of whatever
nature occasioned by the failure to maintain a constant uniform pressure
within the water mains, leakage of hydrants, pipes, or other appurtenances
or for damages occasioned by or growing out of a stoppage of said water by
frost or other causes, by any interruption of the supply of water outside of
the control of the city except for willful default or negligence on its part, or
for damage occasioned by or growing out of an insufficient supply of the
same, or for accident or damage of any kind caused by or growing out of the
use or failure of said water.
(a)(c) The city shall not be liable for any loss, cost of damage or expense
to any person and/or property resulting from the use or presence of
municipal water service or appurtenance located on the customer’s
premises.
(b)(d) The city shall not be responsible for damage caused by dirty
water, which may be occasioned by the cleaning of pipes, water main breaks,
repairs or installations, or the opening and closing of gate valves or
hydrants, when said work is done with reasonable care on the part of the
department.
(Ord. of 11-4-2002, art. IV, §§ 5, 6)
Sec. 38-153. Water quality emergency; notification.
(a) In case of a water quality emergency, the department, in accordance
with ERP Chapter 21 water supply rules, shall notify the consumer
immediately.
CD38:60
§ 38-153 SOUTH BURLINGTON CITY CODE
(b) The department is ultimately responsible for water quality to the last
tap on the municipal system. The term "last tap" means the last point on the
system where water enters into a building and is registered at a city owned
water meter.
(c) Credit shall not be issued for the minimal use of water that is not fit for
consumption by human or animal.
(d) Water quality notices shall be lifted only after the requirements of
the water supply rule of Chapter 21 have been achieved.
(Ord. of 11-4-2002, art. IV, § 7)
Sec. 38-154. Exemption from sewer charges as it relates to pool
filling and lawn watering.
(a) Independent water meters. Any homeowner may request the installa-
tion installation of an independent water meter that will be exempt from
sewer charges. This city owned water meter may be installed by the SBWD after
all criteria are met regarding its installation. After its installation no sewer
charge will be assessed to any water used through this meter. The
homeowner shall be responsible for all other charges associated with the
meter, including minimum billing fees charged to the account whether the
meter is active or not.
(b) Definition of an independent water meter. For purposes of this policy,
the term "independent water meter" means one that measures water that is
not discharged into the sanitary sewer system. Possible uses include lawn
irrigation system meters, and designated pool filling meters.
(c)(b) Criteria for installation of independent meters. All requirements
regard- ing water meters as stated in this article shall apply. This city
owned water meter shall be installed before the existing domestic water house
meter so that no usage recorded through it is also recorded through the
house domestic water meter. In addition, each independent residential
meter shall have a minimum Watts Series 007dual check backflow
prevention device, or approved equal, installed immediately after the
independent meter. The line supplied by this meter shall have no
connections to any part of the house plumbing or waste system; it shall
only supply an outside spigot or irrigation system that was initially part of
the applicationapplied for. The owner shall provide access to the SBWD,
upon request, to test, replace, fix or inspect the independent meter.
Installation of independent meters in other than residential settings shall be
at the discretion of the superintendent.
CD38:61
(d)(c) Pool filling. Property owners shall be encouraged to fill
swimming pools from house spigots and not from hydrants whenever
possible. Property owners shall be exempt from sewer charges when
installing and filling a new pool or when replacing a liner that requires
complete filling of the pool from
CD38:62
UTILITIES § 38-154
the tap by. The property owner must notifynotifying the department no
less than two working days in advance prior to filling the pool. Upon
notification, a department employee will visit the property to determine the
size of the pool. The department employee shall use standard pool filling
quantity formulas to determine how much water will be needed. That
amount shall then be credited from sewer charges at the next billing. This
exemption from sewer charges shall not apply to topping off pools, or for
leaks. If it is determined that it is not feasible to fill a swimming pool from a
house spigot and a nearby hydrant is available for this use, then the
property owner may fill from that hydrant, provided:
(1) The hydrant shall only be used to fill a new pool or when filling a pool
that has had a new liner installed. Topping off a pool from a hydrant
shall not be permitted.
(2) The department shall be notified no less than two working days prior
to the pool filling.
(3) The property owner shall be responsible for paying the current fire
hydrant user fee in advance in addition to the current water rate for all
water that passes through the hydrant meter.
(4) The hydrant must be in a location so that the hose line does not cross
any roads or drives in order to reach the pool.
(5) The property owner shall be responsible for obtaining all hoses
necessary to extend from the hydrant to the swimming pool.
(6) The pool filling shall only take place between 8:00 a.m. and 2:30 p.m.
(7) The property owner shall be responsible for all property damage
incurred with the use of the hydrant for pool filling.
(8) The department shall not be held responsible for any discolored (rusty)
water discharged into the pool.
If the above criteria can be met, then the department shall install a hydrant
nozzle gate valve, hydrant meter and backflow prevention device with a
two-inch male nipple (IPS). to the hydrant. The department shall flush the
hydrant until the water appears satisfactory, close the hydrant nozzle gate
valve and take a start reading from the hydrant meter. The property owner or
pool company representative shall connect all hoses and open the hydrant
nozzle gate valve to fill the pool. At the completion of the filling, the property
owner or pool company representa- tive shall close the hydrant nozzle gate
valve, disconnect the hose, and notify
CD38:63
§ 38-154 SOUTH BURLINGTON CITY CODE
the department that the pool filling is complete. The department shall close
the hydrant and take a final reading on the hydrant meter to determine
actual usage for the pool filling. The property owner shall then be billed for
the amount of water used metered during the pool filling process.
(Ord. of 11-4-2002, art. IV, § 8)
Sec. 38-155. Maintenance of Pprivate hydrants and fire sprinkler
systemsservices.
(a) The department maintains a listing on file of so-called private hydrants
and fire services. Private water mains, and businesses within the city water
distribution system with fire hydrants, or sprinkler services are billed
annually.
(b) The private hydrant charge is imposed in order to defer costs associ-
atedassociated with the routine maintenance and testing costs incurred
by the department; similar to a service contract. Costs associated with
damages and charges outside of routine maintenance are billed to the
private hydrant owner. The fire service charge relates to potential
unmetered water use through a fire sprinkler system.
(c) The fire service and private hydrant charge shall be established or
revised from time to time by resolution of the city council.
(Ord. of 11-4-2002, art. IV, § 9)
Secs. 38-156—38-178. Reserved. Consent to ordinance.
(a) This ordinance shall constitute a part of the contract between each User
and the city. Each user of the city’s water distribution system shall be
bound by this ordinance and all subsequent changes and amendments
thereto. The user’s application for water service or, in the case of existing
connected properties, the user’s use of the water distribution system, shall
be considered the user’s consent to be bound by this ordinance.
(b) Failure to know the information provided within this ordinance will not
excuse the user from the consequences of neglect of this ordinance.
(c) Whether or not a signed application for water service is made by the
customer and accepted by the department, the rendering of service by the
department and its use by the customer, shall be deemed a contract
between the parties, subject to all provisions applicable to service as stated
CD38:64
herein.
Secs. 38-157—38-178. Reserved.
DIVISION 5. PROTECTION FROM DAMAGE
Sec. 38-179. Tampering with public water system
prohibitedIntentional damage.
(a) No person shall maliciously, willfully or negligently break, damage,
destroy, uncover, deface or tamper with any structure, appurtenance, or
equipment which is part of the public water distribution system.
(b) Any person violating subsection (a) of this section shall be subject to
immediate arrest under the charge of unlawful mischief as set forth in 13
V.S.A. § 3701.
(c) Any person violating this division, on conviction thereof, shall be fined
a maximum amount allowed under state statute for each violation.
(Ord. of 11-4-2002, art. V, § 1)
CD38:65
UTILITIES § 38-184
Sec. 38-180. Repair or replacement costs.
Actual repair or replacement costs shall be charged to the owner or
operator of any motor vehicle which shall causes such damage to any fire
hydrant, blow off, curb stop, or appurtenance. Hydrants, valves, curb
stops, and standpipes shall not be tampered with or opened or closed by
any person except department employees or authorized persons.
(Ord. of 11-4-2002, art. V, § 2)
Sec. 38-181. Obstruction of water distribution system
prohibitedInterference.
No person shall remove, carry off, or in any way, injure, interfere, meddle
with any water tank, hydrant, fire plug, standpipe, valve, valve box, valve
cover, curb stop, curb box, pipe, tool, apparatus, meter, reader, fixture,
building, machinery or fence belonging to the city. No person shall by any
means or obstruct access to any curb stop, gate valve, water main, water
service, hyranthydrant, valves, curb stops, fire hydrants, or other
appurtenances belonging to within the city water distribu- tion system. No
fire hydrant shall have access obstructed by placing or permitting snow,
debris, landscape plantings, building material, or other obstructions on or
about a hydrant.
(Ord. of 11-4-2002, art. V, § 3)
Sec. 38-182. Contamination of public water supply unlawful.
It shall be unlawful to cause or have caused the deliberate or unintentional
contamination of publicly owned water mains or the water supply.
(Ord. of 11-4-2002, art. V, § 4)
Sec. 38-183. Permit required forUnauthorized fire hydrant use.
No unauthorized use of any fire hydrant within the city shall be permitted.
Any person or firm found to be in violation of this section may not be granted
a hydrant permit within the city in the future. Any person or firm found to be
in violation of this section shall be charged for a minimum water use fee and
the hydrant hook-on fee and all civil or criminal penalties allowed.
(Ord. of 11-4-2002, art. V, § 5)
Sec. 38-184. Wasteful consumption prohibited.
CD38:66
No person shall permit water from the water system to run to waste
through any fixture for any purpose that causes wasteful consumption
without the prior approval of the superintendent. The department shall
restrain and prevent any and all waste of water to that end and may, when
necessary, turn off water or take such other action as, in its judgment,
appears proper.
(Ord. of 11-4-2002, art. V, § 6)
CD38:67
§ 38-185 SOUTH BURLINGTON CITY CODE
Sec. 38-185. ViolationWater Conservation.
It shall be a violation of this article for any customer to violate a city
conservation notice or order.
Upon a finding by the city, CWD, DWGWPD, or the Vermont Department
of Health that there exists an actual, potential or anticipated threat to the
potability, sufficiency, quality, quantity or integrity of the public water
supply system, including its tributaries and sources, the city may direct
one or more of the following water conservation measures for all
consumers of the water supply:
1) A voluntary conservation request seeking the restriction, curtailment
or cessation of non-essential water use, including but not limited to, motor
vehicle washing, lawn, garden and landscaping watering, street and
exterior building cleaning, filling swimming pools, agricultural irrigation,
and industrial processing.
2) A prohibition against watering yards and vegetation, washing motor
vehicles and mobile equipment, cleaning outdoor surfaces and buildings,
operating ornamental fountains and water-consuming displays and the
filling or topping off of swimming pools. This prohibition shall not apply to
commercial enterprises or watering of food crop trees.
3) An emergency water conservation notice prohibiting the use of water
for any activity specified under subsection (1) hereof, and/or limiting the
quantity of water to be used on any premises directly or indirectly
connected to the city’s water system.
4) A mandatory water conservation order prohibiting the use of water for
any purpose other than to prevent an immediate and serious health
hazard.
Notice of any water conservation measure adopted herein shall be
disseminated immediately through the local media and local electronic
sites. In addition, such notice may be served upon the occupants of all
commercial and industrial premises connected directly or indirectly to the
city’s water distribution system.
(Ord. of 11-4-2002, art. V, § 7)
CD38:68
Secs. 38-186—38-208. ReservedWaterline mark out.
(a) Except in cases of emergency, an owner or permittee shall notify the
department at least seven days before the start of any water line work in
order to allow ample time for the department to mark out it’s owned buried
utilities, if any, in the area of the work. It shall be the responsibility of the
owner or permittee to coordinate with all other utilities affected by the
work and to provide notification to “Dig Safe” and/or other utility locating
services as required by Vermont Law. The department marks out only the
locatable water utilities belonging to the city. The department does not
mark out telephone, electric, cable TV, or any other pipes, cables or
conduits.
(b) The department shall not be responsible or held accountable for locating
any water lines the city does not own. Service line locating between the
curb stop and building shall be at the discretion of the department.
Secs. 38-187. Protection from freezing.
(c) When, in the opinion of the superintendent, extended cold weather
increases the risk of a water main or service line freezing, the
superintendent may authorize or request certain users to let water run to
minimize such risk. The department shall keep a list of such users. When
authorized, the water and sewer bill for that usage period will be adjusted
to reflect the amount of water estimated to have been used for the purpose
of freeze-up prevention.
(d) Water users who have experienced service line freezing may request the
superintendent for authorization to let the water run as noted above.
(e) No adjustment of billing will be made for water left running to prevent
freezing of any pipes other than the water service line.
Secs. 38-188—38-208. Reserved.
DIVISION 6. POWERS AND AUTHORITY OF INSPECTORS*
Sec. 38-209. Inspection by superintendent of properties; powers and
authority; disconnection of serviceRight to access.
(a) The superintendent and other duly authorized employees of the
CD38:69
department bearing proper credentials and identification shall be permitted
to enter all properties containing a city owned water meter with fair notice
to the building owner, resident or occupant, at a reasonable hour, for the purposes
of inspection, meter reading, replacement or repair, observation, measurement,
sampling, and testing and maintenance in accordance with the provisions of
this article.
(b) If a property owner, resident or occupant denies the superintendent or
other duly authorized employees of the department access after reasonable
notice has been provided to the property owner, resident or occupant, the
superintendent may direct disconnection on 48 hours' written notice to the
owner, resident or occupant. Once water service has been disconnected, it
will not be restored until access has been provided and the department has
been paid all applicable charges.
(Ord. of 11-4-2002, art. VI, § 1)
Sec. 38-210. IndemnificationSafety.
While performing the necessary work on private properties referred to in
section 38-209, the superintendent or duly authorized employees of the
department shall observe all safety rules applicable to the premises established
by the owner or tenant, and the owner or tenant shall be held harmless for
injury or death to the department employees. The department employees and
the department shall indemnify the owner or tenant against liability claims
and demands for injury or property damage, except as may be caused by
*State law reference—Uniform water and sewer disconnection regulations, 24 V.S.A.
§ 5141 et seq.
CD38:70
UTILITIES § 38-233
negligence or failure of the owner or tenant to maintain safe premises or
conditions, including conduct of agents or employees of the owner or agent, as
applicable.
(Ord. of 11-4-2002, art. VI, § 2)
Sec. 38-211. Inspection by superintendent of private properties;
entry and subsequent work on easementEntry onto
easement properties.
The superintendent and other duly authorized employees of the depart-
ment bearing proper credentials and identification shall be permitted to
enter all private properties through which the city water department holds
an easement for the purposes of, but not limited to, inspection, observation,
measurement, sampling, repair, calibration and maintenance of any portion
of the water works 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. Failure
to allow such access shall be considered a material failure to comply with
this ordinance.
(Ord. of 11-4-2002, art. VI, § 3)
Sec. 38-212. Authority to inquire into any processes affecting safe,
potable water.
The department shall have the authority to inquire into any processes
including metallurgical, chemical, oil, refining, ceramic, paper or other uses
beyond the water meter or backflow prevention device that may have a direct
bearing on providing safe, potable water to its users. It shall be the duty
of every person supplied water by the city to answer inquiries made by the
department or its agents in regard to quantity, purposes and manner in
which the water is used on the premises to the extent that such use may
have a direct bearing on providing safe, potable water to users of the City’s
water supply.
(Ord. of 11-4-2002, art. VI, § 4)
Secs. 38-213—38-232. Reserved.
Secs. 38-213—38-232. Reserved.
CD38:71
DIVISION 7. PENALTIES
Sec. 38-233. Civil penalties; waiver fees.
(a) Any violation of this article, except as set forth in section 38-234, may
be pursued as a civil violation utilizing the civil ordinance enforcement
procedures set forth in 24 V.S.A. § 1974aChapter 59.. Any person who
violates a provision of this ordinance or who violates any condition of a
permit issued hereunder shall be subject to a civil penalty of up to $800
per day for each day that such violation continues. Any law enforcement
officer or the director of public works, city engineer, or water department
superintendent may act as an issuing municipal Official and issue and
pursue before the judicial bureau a municipal complaint for any violation
of any provisions of this ordinance.
(b) Each day a violation continues shall be considered a new violation.
(c) An issuing municipal official is authorized to recover civil penalties in
the following amounts for each violation:
CD38:72
§ 38-233 SOUTH BURLINGTON CITY CODE
Civil Penalties - Water System
First offense $2050.00
Second offense $40075.00
Third offense $60150.00
Fourth offense and subsequent offenses $8300.00
Fifth offense and subsequent offenses $500.00
Offenses shall be counted on a calendar-year basis.
(d) In such civil proceedings, an issuing municipal official is authorized to
recover a waiver fee, in lieu of civil penalty, in the following amount, for any
person who declines to contest a municipal complaint and pays the waiver
fee:
Waiver Fees - Water System
First offense $1020.00
Second offense $2040.00
Third offense $3080.00
Fourth offense and subsequent offenses $40160.00
Fifth offense and subsequent offenses $350.00
Offenses shall be counted on a calendar-year basis.
(Ord. of 11-4-2002, art. VII, § 1)
Sec. 38-234. Violations.
Any violation of the sections set forth below may be pursued as a criminal
violation utilizing the criminal ordinance enforcement procedure set forth in
24 V.S.A. § 1974:
(1) Sections 38-75 and 38-76.
(2) Sections 38-104, 38-111 and 38-113.
(3) Section 38-150.
(4) Section 38-182.
(Ord. of 11-4-2002, art. VII, § 2)
Sec. 38-2354. City has right to institute civil action.
In addition to the enforcement authority set forth above, the city shall have
the right to institute civil action which it deems appropriate to obtain
injunctive or monetary relief.
(Ord. of 11-4-2002, art. VII, § 3)
CD38:73
UTILITIES § 38-267
Sec. 38-236235. Notice of violation; correction.
The department shall, when in its discretion time allows, provide any
person found to be violating any provision of this article with written notice
stating the nature of the violation and providing a reasonable time period for
the satisfactory correction thereof. The offender shall, within the period of
time stated in such notice, correct the violation.
(Ord. of 11-4-2002, art. VII, § 4)
Secs. 38-237236—38-265. Reserved.
DIVISION 8. RATES AND FEES
Sec. 38-266. Authority to establish rates.
(a) The city council shall have the authority to establish rates, including
service initiation fees, allocation fees, fire suppression fees, water turn
on/off fees, connection fees, hydrant use fees, user fees, turn-on/shut-off
fees, remote reading fee, and other similar fees to defray the costs of
planning, design, construction, operation and maintenance of the system.
(b) The rates shall be established by resolution at an open meeting of the
city council and are shown in the adopted rate and fee schedule.
(Ord. of 11-4-2002, art. VIII, § 1)
Sec. 38-267. Service application, connection and initiationNew
Connection fee.
(a) All new users shall pay an allocation and service connection fee after at the
time of submittal of the application for water serviceability to serve water
determination and final water capacity allocation approvals have been
obtained, but prior to construction to connect to the water system.
(a)(b) An applicant having a development project involving a single use
or unit shall pay one hundred percent (100%) of all connection fees after
final allocation approval and before any connection is made to the water
distribution system. An applicant having a development project involving
multiple dwellings shall pay a connection fee and water allocation fee at
the time of request for a water meter.
(b)(c) The water service application connection fee is a two-part one-
CD38:74
time charge implemented to defray the costs of administering and
monitoring the new connection. fee comprised of a service connection fee
and a water service initiation fee.
(c)(d) The service connection fee defrays the city's water system’s past,
current and future costs, both direct and indirect, of providing potable
water and water for fire protection to the customer.
(d)(e) The water service initiationallocation fee covers defrays the city’s
costs of replacement of existing infrastructure and construction of new
infrastructure required to increase the system’s capacity. Other
infrastructure assessment fees may be added to recover system
investments as authorized by the city council.tapping the water main
based on time and material.
(e)(f) See rate and fee information in section
38-50. (Ord. of 11-4-2002, art. VIII, § 2)
CD38:75
§ 38-268 SOUTH BURLINGTON CITY CODE
Sec. 38-268. Hydrant use fees.
(a) In conjunction with the approved use of any hydrant within the city
water distribution system A hydrant use fee shall be paid by all users (not
including the fire department while fighting or practicing the fighting of
fires) for use of any hydrant within the city's distribution system at the time
of submittal for the application forapplicants shall pay a hydrant use fee
to the department.
(b) The hydrant fee schedule is on file in the city clerk's office.
(c) In addition to payment of the hydrant use fee, the applicant shall be
responsible for payment of normal userusage fees for all water taken from
the hydrant, either as measured at the meter or a minimum or determined
usage charge, whichever is applicable.
(d) All hydrant use must be completed during normal department working
hours so as to allow adequate time for shut down and retrieval of the meter.
(e) Hydrant use in excess of the standard one-day period may be approved
by the superintendent if such use is determined not to be in conflict with any
provision of this article.
(f) Any outstanding balance due for water charges from a requesting
individual or firmperson shall be paid in full prior to connecting a hydrant
meter to any hydrant within the city.
(Ord. of 11-4-2002, art. VIII, § 3)
Sec. 38-269. Water usageMinimum customer fees.
A user fee shall be paid by all users of the department city water system that
include a base rate and usage fee based upon the multiplied product of their
metered water usage, and a minimum water rate per 1,000 cubic feet as set by
the city council, except as set forth in subsection
(1) or (2) of this section, and as shown in the rate and fee schedule on file in
the city clerk's office:
(1) There shall be a minimum water usage fee for each individual account,
the equivalent of 1,000a minimum usage quantity in cubic feet per
billing cycle, which shall be set by the city council.
a. The minimum use fee includes:
• Capital costs, variable costs, and costs of service: those
expenses directly associated with serving customers,
CD38:76
irrespective of the amount of water used, that include
meter reading, billing, accounting and collecting of
expenses, maintenance and capital costs related to
meters, services, and system investments. These costs
also include fire protection costs for hydrant
maintenance, water supply and use of hydrants for fire
protection afforded to all usersreflects the fact that all
users of the system receive some level of fire protection
in addition to the benefit of potable water use. This
charge is also based in part of the significant portion of
water system expenses that are independent of actual
customer usage.
a.• Also included are costs for the operation and
maintenance expenses associated with water systems,
including supply, treatment, distribution, and demand.
b. This fee is payable whether or not water is physically turned on or
off to the facility at the meter during part or all of the billing
CD38:77
UTILITIES § 38-271
period, provided the service connection is physically connected to
the main line. Water service termination at the curb stop needs to
be arranged with the department in order to not be responsible for at
least thea minimum quarterly bill. No abatement of water rates
will be allowed by reason of disuse, diminished use, or vacancy of
premises without proper notice to the department, and the
termination of water at the curb stop.
(2) Any account that has been finalized between regular billing cycle
readings shall be billed for the larger of: the actual metered usage, the
estimated usage, or the minimum charge for the billing period, when
30 days or more have occurred since the last reading. For readings less
than 30 days apart, no water usage charge shall be applied, unless
actual usage is 1,000 cubic feet or moregreater than the minimum
usage quantity established by council.
(2)(3) In the event that a water meter has been misread to records, or
otherwise records the consumption of an amount of water which is
different than the actual amount of water consumed, the
department shall recover the monies due for the actual amount of
water consumed. The department shall correct any errors made by
the department immediately upon detection, and adjustment shall
be made accordingly upon the authority of the city manager. The
department shall keep a record of any adjustment for the correction
of errors. In the event of overcharging, a refund shall be paid to the
customer who paid the bill. If the current customer who was not
the customer at the time the overcharging/undercharging was
made, the city manager shall cause such adjustment as necessary
for fairness and equity.
(Ord. of 11-4-2002, art. VIII, § 4)
Sec. 38-270. Shut-off and turn-on feesFees for turning water on/off.
(a) There shall be water shut-off and turn-on fees as determined by the
city council for turning on and shutting off water at the curb stop or fire
sprinkler valve.
(b) These fees shall be charged in all cases, except when it is determined
that there is an emergency problem with the service connection between the
city owned water main and water meter. curb stop and the main line or a problem with
the meter or meter connection fittings.
(c) Fees for services associated with delinquency disconnects shall be the
CD38:78
maximum allowed under 24 V.S.A. ch. 129, Uniform Water and Sewer
Disconnect.
(d) The owner of the property is responsible for all problems between the
city owned curb stop (not including the curb stopdefined herein) and the
building water meter with exception of the city owned water meter itself,
which is the department's responsibility.
(e) When multiple service calls are required for a single repair, each call
shall be billed individually.
(f) These fees are shown in the rate and fee schedule on file in the city
clerk's office.
(Ord. of 11-4-2002, art. VIII, § 5)
Sec. 38-271. Sinking fundExcess revenue.
Excess revenues may be placed into:
(a) a sinking fund, accessible for use in paying off existing water system
debt, or
(b) Into a capital reserve fund which can be used to pay the cost of improvements
toon the water system related construction improvements, or debt
retirement.
The city council may create one or more dedicated funds under Vermont
statues annotated to finance major rehabilitation, major maintenance
and costs of upgrading the city’s water distribution system, and for the
accumulation of funds to be used to match federal funds pursuant to
said statutes.
The fund balance of such a dedicated fund shall not exceed the
estimated costs of the purposes for which the fund was established and
shall be maintained in deposits insured by the United States of America
or an agency of the United States. Withdrawals shall be made only for
the purposes for which the fund was established. The dedicated fund
shall meet the requirements set out for eligibility in the state’s revolving
loan fund, as applicable.
(Ord. of 11-4-2002, art. VIII, § 6)
CD38:79
§ 38-272 SOUTH BURLINGTON CITY CODE
Sec. 38-272. Water charge invoice; delinquencyBilling cycles.
(a) Water charges will be invoiced quarterly to residential and commercial
accounts. Water charges shall be payable on or before the 30th day following
the date of the invoice or a later date as shown on the invoice. In the event
that such charge is not paid when due, interest of 1 percent shall be
imposed by the department per month after the first 30 days of delinquency
and monthly thereafter until the invoice is paid. If any account shall remain
delinquent, the department may also take action that is consistent with the
provisions of 24 V.S.A. ch. 129, Uniform Water and Sewer Disconnect, as
presently constituted and as amended from time to time, to obtain payment
of delinquent charges or to discontinue water service. Such charges shall be
a lien upon the real estate as provided in 24 V.S.A. § 3306 and 32 V.S.A.
§ 5061.
(b) New water connections made during a billing period shall be billed on
the following basis: The billing shall include a base rate and will be the
larger of the actual metered billing, the estimated usage, or the minimum
charge for the billing period. (Ord. of 11-4-2002, art. VIII, § 7)
State law reference—Uniform water and sewer disconnection regulations, 24 V.S.A.
§ 5141 et seq.
Sec. 38-273. Applicants responsible for payment of billsWater charges.
(a) In consideration of water service supplied by the departmentcity, all
applicants agree to be responsible for payment of all bills rendered for all
water used by the applicantowner, customer their tenants, successors in
tenancy or in ownership, and all other operations at the specified location,
unless and until proper notice is given to the department of termination of
service on a specific date. The applicant shall agree to abide by all rules
and regulations established by the department, consistent with enforcement
of the provisions of this article.
(b) All water charges will be billed to the owner of record of the facility
served, unless waived by the department. Upon written request, the
department may provide billing to the owner of record water bills for all
tenants within the facility provided each tenant has an individual
metertenant within the facility of record. Although another person may pay
the service rate, the owner of the premises shall be held responsible for such
fees. In the event the tenant fails to pay all charges on a timely basis, the
landlord will be solely responsible for all future and delinquent charges.
CD38:80
Each time a bad check is received for payment of a
CD38:81
UTILITIES § 38-278
water bill the account shall be charged that amount as listed in the rate and
fee schedule on file in the city clerk's office in addition to any other penalties.
It shall be the responsibility of the Owner to notify the department of any
change in ownership of the property. Failure to receive a bill caused by
others does not relieve the customer of the obligation for payment or
payments of penalties for late payment.
(c) There will be a fee for interim or final bills requested due to a change of
owners or tenants as listed in the rate and fee schedule on file in the city
clerk's office. This fee is in addition to any charges owed for metered water.
(Ord. of 11-4-2002, art. VIII, § 8)
Sec. 38-274. Fire Ssprinkler line annual feesystems.
Each structure served by a fire suppression system (sprinklers) shall pay
an annual fee for each sprinkler line serving a building based upon fees
established by the city council.ed by the public water main. The fee is shown
in the rate and fee schedule on file in the city clerk's office.
(Ord. of 11-4-2002, art. VIII, § 9)
Sec. 38-275. Rate and fee schedule review.
The rates and fees referred to in section 38-50 may be reviewed and updated
by the city council on an as-needed basis.
(Ord. of 11-4-2002, art. VIII, § 10)
Sec. 38-276. Residential and serviceCWD water application fee.
The department residential and commercial service application fee shall be
assessed to each building that has applied for a tap to a CWD-owned
transmission main, in addition to any connection charges levied by the CWD.
In addition, all other rates and fees shall apply according to this article.
(Ord. of 11-4-2002, art. VIII, § 11)
Sec. 38-277. Final water readings.
In the case of new construction, the department shall read the water meter
at the time of closing. The department shall read the water meter for real
estate transfers when requested by either party for their real estate closing.
This reading shall be used as the final reading and will include new property
owner information as required by the department. for real estate transfers
involving the new premises, when the information is requested by either
party for their real estate closing.
(Ord. of 11-4-2002, art. VIII, § 12)
CD38:82
Sec. 38-278. Lien priorityCurb stop operation fee.
A customer may request that the department operate the curb stop
instead of the cellar stop when performing meter maintenance and
upgrades, and disconnections. Such request shall be made in writing and
be valid through the end of the then-current calendar year. Any customer
that requests such curb stop operation shall pay a fee as determined by
the city council, per occurrence.
Sec. 38-279. Lien priority.
By accepting water service from the city, the customer, theirhis
transferees, successors, and assignees, together with any record lien holders
of customer, agree that a lien applied by the department city shall have
priority over all liens, except real estate tax liens. A change of tenants or
owners will not relieve the premises from such lien.
(Ord. of 11-4-2002, art. VIII, § 13)
Sec. 38-280. Abatement.
For good cause shown, the city manager may abate any bill and/or fees
charged herein. The manager, or their designated agent, will review in
private session with the person requesting abatement that person’s need
for abatement. The manager may abate any bill and/or fees by decision in
writing because of financial hardship and inability to pay only or may set
up an installment payment schedule. In the event of a default in the
installment payment schedule, water service may be terminated upon the
terms and conditions provided herein.
CD38:83
§ 38-279 SOUTH BURLINGTON CITY CODE
Secs. 38-28179—38-304. Reserved.
DIVISION 9. DISCONNECTION POLICY*
Sec. 38-305. Purpose.
This water service disconnection policy outlines the water department's
conditions of termination and pertinent regulations and allows for the
disconnection of water or sewer services, or both, as a delinquency collection
procedure for water or sewer delinquencies.
(Ord. of 11-4-2002, art. IX)
Under the uniform water and disconnect, 24 V.S.A., Chapter 129, water
accounts which are not paid within thirty (30) days of the bill’s receipt or
postmark date, whichever is greater in time, become delinquent and may
be disconnected. Disconnections are subject to certain restrictions as
specified in the Vermont Statutes.
Before disconnection can occur, the customer must be given notice of
delinquency and advised of the possibility of having its service interrupted.
The notice must meet the requirements stipulated in 24 V.S.A, Chapter
129.
(Ord. of 11-4-2002, art. IX)
Sec. 38-306. Reconnections requested outside normal working hours.
It is the policy of the department that reconnections requested outside
normal working hours shall only be made in special circumstances and in
compliance with 24 V.S.A. § 5141 et seq., as determined by the superintendent
or the city manager.
(Ord. of 11-4-2002, art. IX)
Sec. 38-307. Reconnection rates.
Water that is disconnected pursuant to 24 V.S.A. ch. 129 shall be
reconnected at the following rates:
Reconnection Rates
CD38:84
Collection trips (trip maximum, regardless of number) $25.00
Reconnection:
Normal hours (7:00 a.m. to 3:30 p.m.) $25.00
Overtime (after 3:30 p.m., weekends, holidays) $37.50
(Ord. of 11-4-2002, art. IX)
Secs. 38-308—38-319. Reserved.
*State law reference—Uniform water and sewer disconnection regulations, 24 V.S.A.
§ 5141 et seq.
Water Ordinance
Proposed Updates to the South Burlington Water Ordinance
July 15, 2024
City Water Ordinance
•Updates to Ordinance first presented to council in April
•Many updates were minor changes to language, clarifications,
technical update or corrections, and modernizing the ordinance
•More significant changes highlighted in this presentation
•Updates were presented again to Council on May 20th
•No additional changes were made to the proposed updates
Overview of Significant Changes
•Water Service Area
•Booster Pump Policy
•Water Meter Policy
•City Center Service Area
•Expanded Fee Structure
Water Service Area
As previously presented:
•New buildings in mapped
service area must connect,
unless exempt
•No new connections allowed
outside the mapped service
area
•Establishes clear
interpretations of Vermont
Act 47
Booster Pump Policy
•State regulations require that the City provide 35 psi at critical water tank operating levels
•In areas where 35 psi cannot be provided, booster pumps shall not
be used to increase pressure to meet standard
•Individual Booster Pump Station prohibited without written
approval by VT DEC
Water Meter Policy
•Cost of installation paid by property owner
•City takes over ownership of meter
•Automatic Meter Reading
•South Burlington is nearly finished updating all water meters to remote readers and radio read meters.
•Fee assessed to properties that require manual meter reading
•Water meters to be installed according to City Standards
•Accurate size water meter required, based on use
•Added language for temporary meters during construction
City Center Service Area
•Added City Center Service
Area Map
•Reserve capacity of 250,000
gallons per day set aside for
City Center Service Area
•Establishing a reserve
capacity is necessary for our
“New Town Center”
Designation
Updated Rates & Fees
•Civil Penalties and Waiver Fees made to be consistent with
the fees for other City ordinance violations:
Updated Rates & Fees
•Added language to better define Allocation Fee
•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.
•City Council can now set a minimum water use quantity in the rate and fee schedule (currently 1,000 cf)
•Currently 41% of customers use less than 1,000 cf of water per billing quarter
Next Steps
•Timeline:
•Public Hearing: Tonight’s meeting serves as the second reading
and public hearing. Staff recommends Council open the public
hearing, take any feedback, and close the public hearing.
•Following the public hearing, the Council is invited to discuss nextsteps. The Council can choose at that point to
•(a) adopt the amendments as originally warned on May 20th,
•(b) make any changes it may feel appropriate and warn a
second public hearing, or
•(c) table action to a future meeting.
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180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4107 | WWW.SOUTHBURLINGTONVT.GOV
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180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4107 | WWW.SOUTHBURLINGTONVT.GOV
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Extended Speed Summary
Andrews Ave/Deborah Dr, EB
End: 2024-05-23
Times: 0:00:00-23:59:59
Start: 2024-05-10
Speed Range: 1 to 150
Violation Threshold: Speed Limit + 10
Overall Summary
Total Days of Data: 14
Speed Limit: 25
Average Speed: 13.72
50th Percentile Speed: 13.24
85th Percentile Speed: 20.01
Pace Speed Range: 8-18
Minimum Speed: 5
Maximum Speed: 37
Display Mode: Speed Display
Average Volume per Day: 893.2
Total Volume: 12505
Generated by Aaron Schwartz on 05-24-2024
MEMORANDUM
TO: South Burlington City Council
FROM: City Attorney’s Office
RE: H.875 – Municipal Code of Ethics
DATE: July 15, 2024 City Council Meeting
On June 10, 2024, Governor Scott allowed H.875 (Act 171) (“Law”), relating to the State
Ethics Commission and the State Code of Ethics, to become law without signature following its
passage by both the Vermont House and Senate. The Law has several components that are
applicable to the City.
In overview, the Law enacts a new statewide Municipal Code of Ethics (“Ethics Code”).
City officers will be subject to this Ethics Code and will be required to receive training on it.
The Law also requires compliance with outlined posting and record keeping requirements and
requires the designation of a municipal officer or body to receive complaints alleging violations.
I.Municipal Code of Ethics
On January 1, 2025, the uniform Municipal Code of Ethics will go into effect. This
Ethics Code is similar to the City’s current adopted Conflict of Interest and Ethics Policy but
does include some differences. Chiefly, the Ethics Code is applicable to all municipal officers
and not just elected and appointed officials. The following is a list of the municipal officers
subject to the Law:
•Any member of a legislative body of a municipality
•Any member of a quasi-judicial body of a municipality
•An individual who holds the position or exercises the function of:
o advisory budget committee member
o auditor
o building inspector
o cemetery commissioner
o chief administrative officer
o clerk
o collector of delinquent taxes
o department heads
o first constable
o lister or assessor
o mayor
o moderator
o planning commission member
o road commissioner
o town or city manager
o treasurer
o village or town trustee
o trustee of public funds
o water commissioner
II. Ethics Code Training
The Law requires that certain City officers receive State Ethics Commission approved
initial training on the Ethics Code within 120 days of the officer’s election or appointment. Like
the Law, this requirement, however, does not take effect until January 1, 2025. The Law
addresses this discrepancy by requiring that all current listed City officers receive the initial
training on or before September 30, 2025. The listed officers subject to this initial training
requirement are:
• Member of a legislative body
• Member of a quasi-judicial body
• Chief Administrative Officer
• Mayor
• City Manager
Once the Law becomes effective, the City must also make a reasonable effort to provide
training to all other municipal officers. No timelines are included for these other municipal
officers. Following the completion of the initial ethics training, municipal officers shall
complete additional ethics training, as determined by the State Ethics Commission, every three
(3) years.
The ethics training may be conducted by the State Ethics Commission, the municipality,
or a third party approved in advance by the State Ethics Commission. The Law provides that the
State Ethics Commission shall develop and make available to municipalities the ethics training
required of municipal officers. On the State Ethics Commission’s website, it is indicated that a
free online training will be available starting on December 31, 2024. The completion of all
trainings on the Ethics Code must be documented by the City.
III. Other Municipal Requirements
A. Posting
The Law requires that the following materials be posted on the City’s website:
• The Municipal Code of Ethics
• Procedures for the investigation and enforcement of complaints of violation of the
Ethics Code
• Any supplemental ordinances/policies regarding ethics adopted by the City
B. Additional Requirements
The City must also:
• Maintain a record of all municipal officers who have received the ethics training
• Designate by legislative act a municipal officer or body to receive complaints of
alleged Ethics Code violations
• Maintain a record of received complaints and disposition of each made against a
municipal officer
o This record must be maintained for the duration of the officer’s service with
the municipality plus five years following their departure
o Provide the State Ethics Commission with a summary of complaints received upon
request.
IV. Conclusion
The City Administration will be in contact and work with the State Ethics Commission so
the required ethics trainings are available to all City officers. We will also endeavor to ensure
compliance with all the Law’s requirements once the Law and Ethics Code becomes effective.
Until the new Ethics Code becomes effective on January 1, 2025, our current adopted City of
South Burlington Conflict of Interest and Ethics Policy for elected and appointed officers
remains in effect.
Relevant Links:
• Uniform Municipal Code of Ethics:
o https://ethicscommission.vermont.gov/sites/ethics/files/documents/Municipal%20Cod
e%20of%20Ethics.pdf
• City of South Burlington current Conflict of Interest and Ethics Policy for Elected and
Appointed Officials:
o https://cms6.revize.com/revize/southburlington/Policies/2023-
1%20COI%20&%20Ethics%20Policy.pdf
State of Vermont Ethics Commission Provided Resources:
• State Ethics Commission Municipal Code of Ethics Webpage:
o https://ethicscommission.vermont.gov/municipal-ethics
• Summary of Municipal Code of Ethics:
o https://ethicscommission.vermont.gov/sites/ethics/files/documents/Quick%20Summar
y%20-%20Municipal%20Code%20of%20Ethics_0.pdf
• An overview of how to approach conflicts of interest:
o https://ethicscommission.vermont.gov/sites/ethics/files/doc_library/Conflict%20of%2
0Interest%20Quick%20Chart%20%26%20FAQ.pdf
180 Market St South Burlington, VT 05403 802-846-4105
July 15, 2024
The following 2024 Outside Consumption Permit was approved by the South Burlington Liquor Control
Board after review by the City tax, fire and police departments:
NAME DESCRIPTION
Copper at Dorset Outside Consumption Permit
SOUTH BURLINGTON LIQUOR CONTROL BOARD
_______ ______
Mike Scanlan Laurie Smith
______ _______
Tim Barritt Elizabeth Fitzgerald
_______
Andrew Chalnick