HomeMy WebLinkAboutAgenda - City Council - 08/05/2024CITY COUNCIL MEETING AGENDA
AUGUST 5, 2024
Participation Options
In Person: 180 Market Street, Main Floor, Auditorium
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Regular Session 6:30 p.m.
1.Pledge of Allegiance (6:30 p.m.)
2.Instructions on exiting building in case of emergency and review of technology options – Jessie
Baker, City Manager (6:31–6:32 p.m.)
3.Agenda Review: Additions, deletions or changes in order of agenda items (6:33–6:34 p.m.)
4.Comments and questions from the public not related to the agenda (6:35–6:45 p.m.)
5.Councilors’ Announcements and Reports on Committee assignments and City Manager’s Report
(6:45–6:55 p.m.)
6.Consent Agenda: (6:55–7:00 p.m.)
A.*** Consider and Sign Disbursements
B.*** Approve minutes from the May 20, 2024 City Council Meeting
C.*** Approve the notice of conveyance for the Wheeler Park conservation easement in
compliance with 24 V.S.A. § 1061
D.*** Receive the Hazard Mitigation Plan Progress Report
E.*** Authorize the City Manager to sign an amendment to the Sadie Lane Plowing
Agreement extending it one year
F.*** Approve Resolution 2024-17 updating the City's Ambulance Fees
G.*** Approve the selection of Kruger to provide the biological process and SCADA
upgrade with the real-time cloud-based process optimization system for the Bartlett Bay
Wastewater Treatment Facility
H.*** Approve and execute the Lead Service Line Inventory loan application
I.*** Authorize the City Manager to utilize $100,000 of Rental Registry enterprise
funding to create temporary office space with an office trailer to be located at 575 Dorset
Street and authorize the City Manager to secure any permits or execute any contracts
necessary for the completion of this project
J.*** Approve the City Manager to enter into a stormwater maintenance agreement with
3N-SB, LLC for the construction of Garden Street West
180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4107 | WWW.SOUTHBURLINGTONVT.GOV
7. *** Public Hearing - Warned for 7:00 p.m.: Hold a Fourth Reading and a Public Hearing of a
Drinking Water Ordinance Update – David Wheeler, Water Resources Engineer (7:00–7:20 p.m.)
8. *** Potential Action: Approve the Drinking Water Ordinance Update as presented – David
Wheeler, Water Resources Engineer (7:20–7:30 p.m.)
9. *** Public Hearing - Warned for 7:00 p.m.: Hold a Second Reading and a Public Hearing on
an update to the Sanitary Sewer and Stormwater Ordinance – David Wheeler, Water Resources
Engineer, Marisa Rorabaugh, Stormwater Superintendent (7:30–7:50 p.m.)
10. *** Potential Action: Provide feedback and set a Public Hearing on an update to the Sanitary
Sewer and Stormwater Ordinance on August 19, 2024 at 7:00 p.m. – David Wheeler, Water
Resources Engineer, Marisa Rorabaugh, Stormwater Superintendent (7:50–8:00 p.m.)
11. *** Discussion: Discuss the intersection of Market Street and the Rick Marcotte Central School
access road to ensure the needs and safety of all users are met and provide direction to staff –
City Council request (8:00–8:30 p.m.)
12. *** Disucssion and Possible Action: Discuss the FY25 Policy Priorities and Strategies shared
workplan following the Council and Leadership Team Retreat. Consider adopting the plan or
provide additional direction to staff. – Jessie Baker, City Manager (8:30–9:30 p.m.)
13. *** Disucssion: Discuss Chapter 14 Article II "Nuisances” of our Code of Ordinances. Outline
the goals the Council is trying to achieve and provide direction to staff – City Council request
(9:30–10:00p.m.)
14. *** Convene as Liquor Control Commission to consider the following application for approval:
Inn at Burlington, The, First Class Hotel License; Myer’s Wood Fired, Third Class Restaurant/Bar
License & Outside Consumption Permit (10:00–10:05 p.m.)
15. Other Business (10:05–10:15 p.m.)
16. Consider entering an executive session for the purposes of discussing pending and probably
litigation specifically on enforcement actions related to the Nuisance Ordinance.
17. Adjourn
Respectfully submitted:
Jessie Baker
City Manager
***Attachments included
Note: All times are estimates
Champlain Water District
Check/Voucher Register - Check Report by Fund
From 8/6/2024 Through 8/6/2024
Check Date Check Number Vendor Name Invoice Description Check Amount Invoice Number
8/6/2024 4795 Aldrich & Elliott, PC Project 23022.002 21,729.84 82346
8/6/2024 4796 E.J. Prescott Meadowland Drive Repair 1,299.92 6343268
8/6/2024 E.J. Prescott Marking Paint 94.85 6354429
8/6/2024 4797 F.W. Webb Company Straight Meter Valves 947.20 84868268
8/6/2024 4798 South Burlington Ace, Inc.Hydrant Painting Materials 72.92 863400/3
8/6/2024 4799 Ti-Sales, Inc.Partial Order - Meter Upgrades 12,354.76 INV0173125
8/6/2024 Ti-Sales, Inc.Meters 4,581.54 INV0173407
Total 70 - South Burlington Water
Department
41,081.03
Report Total 41,081.03
70 - South Burlington Water Department
SOUTH BURLINGTON CITY COUNCIL
Date: 7/30/2024 5:58:04 AM Page: 1
PAGE 1
CITY COUNCIL
20 MAY 2024
The South Burlington City Council held a regular meeting on Monday, 20 May 2024,
at 6:30 p.m., in the Auditorium, 180 Market Street, and by Go to Meeting remote
participation.
MEMBERS PRESENT: T. Barritt, Chair; A. Chalnick, E. Fitzgerald, M. Scanlan,
ALSO PRESENT: J. Baker, City Manager; Chief S. Locke, Deputy City Manager; M.
Machar, Finance Officer; C. McNeil, City Attorney; J. Pellerin, Deputy City Attorney; P.
Conner, Director of Planning & Zoning T. DiPietro, Public Works Director; D. Wheeler,
Water Resources; I. Blanchard, Community Development Director; D. Kinville, P.
Taylor, J. Simson, J. Kirchik, City Sextons
1. Instructions on exiting building in case of emergency and review of
technology options:
Ms. Baker provided instructions on the emergency exit from the building and
reviewed technology options.
2. Additions, deletions or changes in the order of Agenda items:
No changes were made to the Agenda.
3. Comments and questions from the public not related to the agenda:
There were no comments or questions from the public.
4. Announcements, councilors reports from committee assignments and City
Manager’s Report:
Council members reported on meetings and events they had attended in recent
weeks.
Ms. Baker: There will be a special meeting on Monday, 10 June, 6:30 p.m., for
interviews for city committees. 13 vacancies are anticipated.
Staff is tracking a number of bills at the end of the Legislative session.
The Statewide Code of Ethics will take the place of the City’s ethics code. It is likely
the “yield bill” will get vetoed. They are tracking timing to ensure tax bills are issued
CITY COUNCIL 20 MAY 2024 PAGE 2
properly. It is likely that quite a few safety proposals will go into law. Ms. Baker
thanked Mr. Lalonde and Chief Burke for their work on this.
The Wheelock pedestrian bridge is back open after quick repairs for
safety issues. Thanks to Tom and Adam for their work. The bridge replacement will
have to be added to the CIP.
The water tank project is on the DRB agenda for this week.
The city is in the final stages of selecting a vendor for the permit
upgrade project.
Jennifer and Adam are planning for a week of events for Juneteenth.
On 30 May, there will be a meeting regarding the “City Center Green.”
The library will be closed on Saturday for carpet cleaning.
5. Consent Agenda:
a. Approve and Sign Disbursements
b. Receive Third Quarter Financials
c. Receive the April Financials
d. Approve a clarification on the date of the Second Reading and Second
Public Hearing on the proposed amendments to the Sign Ordinance
Ms. Fitzgerald asked for clarification regarding the amount of ARPA funds. Ms.
Machar said there will be an ARPA fund discussion on 3 June. Ms. Baker added that
allocations must be made by the end of December. Ms. Machar said there is
$2,000,000 yet to be allocated.
Mr. Scanlan asked about ambulance income. Chief Locke explained the billing
process for ambulance service.
Mr. Barritt asked if it will be easier to determine interest income this year. Ms.
Machar said that is hard to predict. The city’s estimate is based on discussion with
bank people. Chief Locke said they do their best to predict revenues in order to
reduce tax payments for taxpayers. He noted that the interest rate in 2000 was .3%. It
is now 4.8%, but Chief Locke said he would not be comfortable budgeting 4.8% for
the next budget.
Mr. Scanlan asked whether the recent growth in local option tax revenues is projected
to continue, reflecting increased economic activity in the City. Ms. Machar said
increases have been consistent from 2020 to 2024 and now exceeded pre-COVID
levels. Ms. Machar said part of the growth can be attributed to growth in the
community and economy.
Ms. Fitzgerald asked about workers comp claims. Ms. Machar explained that this is
estimated annually. The insurance company then audits payroll and at times adjusts
the rates.
CITY COUNCIL 20 MAY 2024 PAGE 3
Ms. Fitzgerald asked the city’s practice if something is budgeted but not incurred. Ms.
Machar said those funds roll over to the General Fund. If something is ordered but
not spent, that can be accrued. Unspent CIP funds are transferred to the CIP Reserve
Fund.
Mr. Chalnick moved to approve the Consent Agenda as presented. Ms. Fitzgerald
seconded. Motion passed 4-0.
6. Participate in a facilitated conversation with Assembly Theory on how the
City uses data and how the Council may want to receive date in the future
to make policy decisions:
Ms. Baker introduced Brian Lowe of Assembly Theory. She noted that the City had a
difficult time recruiting a data analysis person. To address this, some of the funds for
the data analysis person have been used to bring Mr. Lowe in to develop a data
strategy. The goal is for the Council to have the data it needs to make policy
decisions.
Mr. Lowe then reviewed his background with the US Department of the Treasury, US
Navy Reserve, and City of Burlington.
He said a data strategy is a long-term plan for using data to advance the goals of an
organization. What is needed are clear and compelling goals, clear principles and
rules for the use of data, and clearly established metrics. The strategy needs to be
straight forward with the ability to evolve. There also must be a buy-in from the
team.
Mr. Lowe cited the successful use of a data strategy in the City of Burlington to
address Fire Department overtime. They were pulling in off-duty firefighters for
overtime, resulting in low morale. With data analysis, they realized that if they hired
more firefighters, costs could be reduced, and morale would be increased.
Mr. Lowe said South Burlington’s goals are laid out in the new Municipal Plan. To
achieve these goals, there is a need to gather from the team what data they need to
make policy choices.
Mr. Lowe then laid out the schedule for this work including gathering information
from staff, drafting a clear document, and finding an analyst to do this work.
Mr. Lowe asked what kind of data would help the Council evaluate and make policy
decisions more effectively.
Mr. Chalnick: Regarding climate: an annual update on how the city is doing; metrics
regarding EVs in the city fleet. Also, metrics regarding student growth, traffic, cost of
CITY COUNCIL 20 MAY 2024 PAGE 4
living (in comparison to other communities), benchmarking effectiveness, condition
of roads (in comparison to other communities).
Ms. Fitzgerald: Better understand the current available data through an audit, and
measure outcomes associated with the metrics from the City Plan, using data to
measure needs, community engagement, and where there are gaps.
Mr. Scanlan: Utilize data to inform commercial growth policies to increase the City’s
tax revenues, improve efficiencies of city services, and leverage best practices from
other communities to address the affordability challenge many of the City’s residents
are facing. Also, use the data to define policies on how to address the “missing
middle” in housing, not only for rent but also to buy.
Mr. Scanlan asked when the data would flow back to the Council. Mr. Lowe said
probably when the data analyst is hired. Ms. Baker said she wanted to hear from the
Council what they felt is strategic. She said there is an emerging priority list.
7. Receive information on the Water Service Area, Sewer Service Area, and
Act 47 Zoning:
Mr. Conner reviewed Act 47 history. He then showed a map of the water/sewer
service areas and noted that in those areas zoning must allow for 5 units per acre
zoning with buildings up to 4-plexes. The legislation defines what a water/sewer
service area is and allows for some limitations (e.g., capacity limitation). Mr. Conner
noted that South Burlington has had water/sewer ordinances for a long time in
relation to health but not in relation to zoning. He also noted that the Planning
Commission is addressing where there should be low/medium/high development
areas and where there should be conservation. He cited the need to comply with Act
47 and also protect city policies regarding housing and conservation.
Mr. Conner then showed the city’s Land Use Map. He stressed that it is a “plan,” not
a “regulation.” He identified the low, medium and high scale mixed use areas,
largely business areas that may include overnight potential, the Airport area, and
conservation areas (including city parks, conserved land, habitat blocks, river
corridors, flood plains, etc.). He again stressed that this is an “aspirational map” and
noted the tremendous opportunity for infill, especially on Shelburne Road.
Mr. Conner then layered onto the map where there is existing water/sewer. Mr.
DiPietro pointed out a couple of places where there is new development that are not
included on the map but will be updated.
Mr. Conner said there are several ways a community can meet Act 47 requirements.
There are some parcels where the majority of the parcel is in the habitat block. The
owner is allowed to build on 30% by removing it from the habitat block. Rather than
having that removal piece be “floating,” as it is now, staff recommends identifying
CITY COUNCIL 20 MAY 2024 PAGE 5
the 30% that can be built on. Mr. Conner showed a map but noted that the Planning
Commission has not reviewed this map because water and sewer are the City
Council’s responsibility. Mr. DiPietro added that there are some areas of the city over
a certain elevation where the city cannot provide water. He indicated these on the
map. Mr. Conner said these are essentially unbuilt areas, but there could be housing
if the zoning allows, but they would not have water/sewer.
Mr. Conner explained that the Planning Commission is proposing a number of tools
that meet the intent of Act 47 while at the same time maintaining the city’s
conservation values.
Ms. Fitzgerald asked if there will be any kind of visual at the end of the process that
shows the impact of Act 47 on South Burlington. Mr. Conner said there will. Ms.
Fitzgerald cited the need to be sure the public is well informed. Mr. DiPietro said that
in areas served by water/sewer, there could be greater density than previously, if
those areas are re-developed. Mr. Conner added this is likely to be on an incremental
scale, one property at a time rather than the development of a green field.
Mr. Conner then showed a map of the Southeast Quadrant (SEQ) and explained what
is happening regarding the mandatory Conservation PUDs. He explained the current
zoning of those areas and said that to be consistent with Act 47, those areas have to
be looked at on a case-by-case basis. He showed one parcel and indicated a river
corridor that is a constraint on development. There is development all around it. The
Planning Commission is recommending removing the Conservation PUD and using
other methods (e.g., steep slopes, habitat blocks, etc.) as constraints and allowing
development where there are no natural barriers. The Commission felt it makes more
sense to extend the NRP than to have the Conservation PUD.
Mr. Conner also indicated areas right off Dorset Heights where 50% of the 10 acres is
in the NRP and 50% in the development area. There is an existing house at the back
of the property where the 70%-30% existing split would not make sense.
Staff is estimating that with the proposed changes, there is a decrease of about 37
acres of conservation; however, with the Auclair property added in, there is a gain of
56 conservation acres.
Mr. Barritt asked if it will be hard to codify what is done on a property-by-property
basis. Mr. Conner said it is largely already in place with some very minor
adjustments to the NRP.
Mr. Scanlan asked what the challenges were in complying with Act 47 and if all our
proposed accommodations were defensible if challenged in court. Mr. Conner said
that in South Burlington, the water/sewer mapping is already done, and there is a
tremendous opportunity to increase housing in developable areas. He added that the
legislation is untested, and there have not yet been any challenges to it.
CITY COUNCIL 20 MAY 2024 PAGE 6
Mr. Scanlan asked if it is possible to do a “before and after” mapping. Mr. Barritt said
any area served by water/sewer will have the allowable 5 units per acre density.
These have always been developable areas but with lower density. Mr. Conner said
staff can provide those maps.
Mr. Chalnick said he was prepared to move forward, but he felt the Planning
Commission should review the water/sewer map to be sure it makes sense. Mr.
Conner said the Commission can review it, but he stressed that this is an ordinance
which is in the City Council’s province.
8. Hold a Second First Reading of a Drinking Water Ordinance Update and
possibly set a Public Hearing for 15 July 2024 at 7:00 p.m.:
Mr. Wheeler reviewed the history, noting that the last update to the Ordinance was in
2002. The Ordinance will include a water service map, booster pump policy, revised
fee structure, City Center service area, and an updated water meter policy. Mr.
DiPietro said that some people can still have wells instead of city water.
Mr. Wheeler explained that fees are now consistent with other city ordinances, and
there is now a base rate plus the user fees. The base rate will start at zero. The City
Council could change that in the future.
Mr. Chalnick moved to approve the second reading and to set a public hearing for 15
July 2024 at 7:00 p.m. Mr. Scanlan seconded. Motion passed 4-0.
Mr. Chalnick then moved to ask the Planning Commission to review the water and
sewer service map for consideration of possible changes at a future time. Mr. Barritt
seconded. Motion passed 3-1 with Ms. Fitzgerald voting against.
9. Receive an Update from the Sextons Committee and provide direction to
the Sextons and to staff:
Ms. Kinville said that the Sextons have been involved in a lot of repair work at city
cemeteries. She showed photos of some of this work.
Mr. Taylor then explained that sextons are charged with maintenance of a
surrounding graveyard. There is no State definition of sextons’ responsibilities. The
State does mandate that a community have a Cemetery Commission; in lieu of such a
commission, the City Council (or other governing body) becomes the Cemetery
Commission.
Ms. Kinville said the Sextons are struggling to understand where they fit and whether
they are overstepping their allowed functions. They are asking the Council as
Cemetery Commission to clarify their roles.
CITY COUNCIL 20 MAY 2024 PAGE 7
Mr. Simson said the Sextons are asking to become an advisory committee to the city,
similar to other appointed committees. They would provide an annual plan and an
annual report and ask to be on an agenda if they have something important to bring
to the Council.
A timeline of projects was then shown, indicating which projects have been
completed and which are long-term. They also showed revised prices based on a
review of other communities.
A major work effort has refurbished all the Shelburne Road cemetery with the
exception of one huge monument which will require heavy equipment to bring to an
upright position. Fencing is down at Shelburne Road because neighboring properties
are pushing snow up against it. The Airport has put back up the fence they took
down at the Eldridge Cemetery.
A map of the Shelburne Rd. Cemetery is needed to indicate which plots are occupied.
The hope is to have a place where people can come and reflect (at present there are
no benches).
Mr. Taylor suggested Council members visit the cemeteries and that Public Works go
in during the fall and trim around the fence lines, especially at Shelburne Road.
Mr. Simson said the cemeteries could be a source of revenue if people were made
aware of them. There could also be a structure for the keeping of ashes.
Mr. Barritt asked how many plots are sold annually. Ms. Kinville estimated 4. Mr.
Barritt suggested pricing a columbarium. Mr. Taylor cited the need for mapping to
show the boundaries of plots that can be used. Ms. Kinville questioned whether there
should be a sign at the Shelburne Rd. cemetery as people don’t know it’s there.
Mr. Taylor said there is also a question as to who should be selling the lots. Ms.
Kinville said the Sextons are willing to take on some things so that the cemeteries are
something the City can be proud of.
Ms. Kinville then showed the proposed price changes per plot: $500 for residents and
$900 for non-residents. The price includes perpetual care.
Members then reviewed what they are asking for:
a. Become an advisory committee
b. Approval of new fees
c. Allocation of $1,000 to clean/fix stones at Eldridge Cemetery
d. Increasing the number of Sextons to 5 (there is someone who is
interested
CITY COUNCIL 20 MAY 2024 PAGE 8
Ms. Baker said the Sextons have been considered a statutory committee. There is no
clarity of rules and no governance document, both of which are needed before there
is a budget assigned. Legal review of the options is also needed for Council
consideration.
Mr. Scanlan said this is not a good position to be in, and a broad discussion is
needed.
Mr. Pellerin said there are State regulations. The City Council has control of
cemeteries. There could also be a Cemetery Commission which voters would have to
approve. That Commission would then have responsibilities.
Mr. Taylor said he agrees with Ms. Baker and noted that other towns clearly identify
who does what with regard to cemeteries. The rules & regulations are not in good
shape. Mr. Simson added that staff and the Council need to devote time to this so
things don’t continue to go on in the same muddled way. Mr. Scanlan said there
should be a holistic decision as there are ultimately liability issues. Mr. Taylor said
the Sextons are very willing to work with the city to come up with a viable plan.
Ms. Baker said this will be added to “Policies and Strategies” discussions.
10. Discuss and Approve Appointments to the Chittenden County Regional
Planning Commission, Transportation Advisory Committee, and Clean
Water Advisory Committee:
Ms. Baker presented a written proposal for maintaining the professionals who
currently hold positions. She is also recommending that Chris Shaw continue for a 2-
year term as Representative to CCRPC with the Council discussing an alternate for
times Mr. Shaw may be unavailable. Mr. Scanlan said he would be willing to serve as
alternate.
Ms. Fitzgerald moved to approve the appointments to committees as presented with
Michael Scanlan added as alternate representative to the Chittenden County Regional
Planning Commission. Mr. Chalnick seconded. Motion passed 4-0.
11. Convene as Liquor Control Commission to consider the following
applications for approval: Higher Ground, 1st Class Club License and 3rd
Class Restaurant/Bar License; Zachary’s Pizza-South Burlington, 1st Class
Restaurant/Bar License:
Mr. Scanlan moved that the Council convene as Liquor Control Commission. Ms.
Fitzgerald seconded. Motion passed 4-0.
Mr. Chalnick moved to approve the Liquor Licenses for Higher Ground and Zachary’s
Pizza as presented. Ms. Fitzgerald seconded. Motion passed 4-0.
CITY COUNCIL 20 MAY 2024 PAGE 9
Mr. Chalnick moved to reconvene as City Council. Ms. Fitzgerald seconded. Motion
passed 4-0.
12. Other Business:
No other business was presented.
13. Consider entering into executive session pursuant to 1 V.S.A., Section
313(a)(1)(A) and (2) for the purpose of discussing contracts and the
negotiation of securing of real estate purchase or lease options, specifically
1-89 Bicycle and Pedestrian Bridge rights-of-way acquisitions:
Mr. Scanlan moved that the Council enter executive session for the purpose of
discussing the negotiation or securing of real estate purchase or lease options
relating to the I-89 Bicycle and Pedestrian Bridge, inviting into the session Ms. Baker,
Chief Locke, Ms. Blanchard, Mr. McNeil and Mr. Pellerin. Mr. Chalnick seconded.
Motion passed 4-0.
The Council entered executive session at 10:10 p.m. and resumed open session at
10:30 p.m.
14. Possible discussion of and grant of authorization to the City Treasurer to
execute up to five payments for right-of-way acquisitions relating to the
walk bike Bridge over I-89:
Ms. Fitzgerald moved to authorize the City Treasurer to execute up to five payments
for right-of-way acquisitions relating to the walk bike Bridge over I-89. Mr. Chalnick
seconded. Motion passed 4-0.
15. Consider entering into executive session for the purposes of discussing
confidential attorney-client communications related to probable civil
litigation to which the public body may be a party 1 V.S.A. 313(1)(E) and
(F):
Mr. Scanlan moved that the Council make a specific finding that premature general
public knowledge of the Council’s discussion of Pending or Probable Civil Litigation to
which the City is a Party and confidential attorney-client communications made for
the purpose of providing professional legal services to the Council would clearly
place this public body at a substantial disadvantage. Ms. Fitzgerald seconded.
Motion passed 4-0.
CITY COUNCIL 20 MAY 2024 PAGE 10
Mr. Scanlan then moved that the City Council enter into executive session under 1
V.S.A. Section 313(a)(1)(E)and (F) for the purpose of discussing Pending or Probable
Civil Litigation to which the City is a Party and Confidential Attorney-Client
Communications made for the purpose of providing professional legal services to the
Council, inviting into the session Ms. Baker, Chief Locke, Mr. DiPietro, Mr. McNeil and
Mr. Pellerin. Ms. Fitzgerald seconded. Motion passed 4-0.
The Council entered executive session at 10:35 p.m. and resumed open session at
11:14 p.m.
As there was no further business to come before the Council Mr. Scanlan
moved to adjourn. Ms. Fitzgerald seconded. Motion passed 4-0. The meeting was
adjourned at 11:15 p.m.
_________________________________
Clerk
MEMORANDUM
TO: South Burlington City Council
FROM: City Attorney’s Office
RE: Public Notice – Conveyance of Wheeler Nature Park Conservation Easement
DATE: August 5, 2024 City Council meeting
A. Overview
On October 4, 2021, the City Council authorized the execution of a Memorandum of
Understanding (“MOU”) with Vermont Land Trust relating to the conservation of a large portion
of Wheeler Nature Park. The City has since been working with Vermont Land Trust (“VLT”) to
fulfill the obligations of the MOU.
At this time, the City and VLT are working on finalizing all the documents necessary to close on
the City’s Grant of Development Rights, Conservation Restrictions and a Public Access
Easement to the Vermont Land Trust (“Conservation Easement”). Once complete, this
Conservation Easement will be granted on and over approximately 105 acres of the Wheeler
Nature Park.
Prior to granting the Conservation Easement to the Vermont Land Trust, the City is required by
Vermont Statutes (24 V.S.A. §1061) (“Statute”) to publish in the Other Paper and post in at least
three public places in the municipality a notice of the proposed conveyance.
In accordance with the Statute, the notice must be posted and published at least 30 days prior to
the date of the conveyance. At the conclusion of the 30-day period, if a petition signed by at
least five percent of the legal voters of South Burlington objecting to the conveyance has not
been received by the City Clerk, the City Council can then authorize the conveyance.
The proposed Notice of Conveyance of Interest in Municipal Real Estate is attached.
B. Recommended Action
City Administration recommends that the Council approve the attached Notice of Conveyance of
Interest in Municipal Real Estate for posting and publication as required by 24 V.S.A. §1061.
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THIS MAP IS NOT A SURVEY
This map is not a survey or subdivision plat, and should not be used or construed for such purposes. It was prepared withoutthe benefit of field measurements or extensive title research. Itis intended solely to assist the owner(s) of the conserved land and the holder(s) of the conservation easement in the admin-istration and interpretation of the conservation easement by clearly depicting the presumed boundaries of the protectedproperty, calculating the approximate acreages, and showing the approximate locations of any excluded lands, farmstead orhomestead complex, farm labor housing complex, or specialtreatment areas.
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Reference(s):1) "Survey of Land Exchange Between VermontNational Country Club and the City of SouthBurlington, South Burlington, Vermont" Sheet P2,prepared by Civil Engineering Associates, Inc.,dated May 26, 2017, last revised September 6,2017, and recorded in Map Slide 610, Page 6.
2) A survey entitled survey map entitled "Oak CreekVillage, TDR Area Delineation” prepared byFitzpatrick-Llewelleyn Incorporated, dated May 1993.
Reviewed and Accepted by:
Duly Authorized Agent of Vermont Land Trust, Inc.Date
Duly Authorized Agent of City of South Burlingon Date
250 0 250 500 750125Feet
50 0 50 100 150 20025Meters
The Wheeler Nature Park Property ConservationPlan is based on the following State of VermontBase Map 1:5000 orthophoto(s):South Burlington, #96216, 2018
1:5,000 1 inch = 416.7 feet
ACREAGE INFORMATION¹
1. All acreage is approximate, and exclusive of public road rights of way.
± 104.8 acresTotal Protected Property
Excluded Land
WoodsOpen Water/WetlandOpen - Old Pasture/Shrub
37.3 acres1.5 acres66.0 acres
± 11.5 acres
Wheeler Nature Park PropertyCity of South BurlingtonChittenden Co., VT
Vermont Land Trust
June 2024
VLT Project #131828
Protected Property
Excluded Land
TDR Area Delineation
180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4107 | WWW.SOUTHBURLINGTONVT.GOV
NOTICE OF CONVEYANCE OF INTEREST IN MUNICIPAL REAL ESTATE
NOTICE IS HEREBY GIVEN TO THE LEGAL VOTERS OF THE CITY OF SOUTH BURLINGTON,
in accordance with 24 V.S.A. §1061, that the City of South Burlington (“City”) hereby proposes to
convey development rights, conservation restrictions, and a public access easement to the Vermont Land
Trust on and over approximately 105 acres of a parcel of land commonly referred to as the Wheeler
Nature Park.
Said Wheeler Nature Park parcel was conveyed to the City of South Burlington by the following deeds:
1) Warranty Deed of Rena E. Calkins dated July 21, 1992 and recorded in Volume 327 at Page 363 of
the South Burlington Land Records, EXCEPTING a 6.91 acre parcel, more or less, conveyed to JAM Golf,
LLC by Warranty Deed of the City of South Burlington dated September 8, 2017 and recorded in
Volume 1390 at Page 187 of said Land Records, and EXCEPTING a 0.34 acre parcel, more or less,
conveyed to Highlands Development Company, LLC by Warranty Deed of the City of South Burlington
dated September 8, 2017 and recorded in Volume 1390 at Page 184 of said Land Records; 2) Warranty
Deed of JAM Golf, LLC dated September 8, 2017 and recorded in Volume 1390 at Page 178 of the City
of South Burlington Land Records conveying 21.88 acres more or less.
Said conveyance will be in accordance with the Memorandum of Understanding between the City and
the Vermont Land Trust, dated October 27, 2021, and approved and authorized by the City Council at
their public meeting on October 4, 2021, and will have the following terms:
TERMS: Grant of Development Rights, Conservation Restrictions, and Public Access Easement to
be delivered at closing. City retains ownership of the underlying property and the
Transferrable Development Rights.
CLOSING: As soon as practicable after thirty (30) days from the date of publication and posting of
this notice.
The above-described development rights, perpetual conservation easement restrictions, and a public
access easement will be conveyed on the terms specified unless a petition objecting to the conveyance
signed by at least five percent (5%) of the legal voters of the City is presented to the South Burlington
City Clerk within thirty (30) days of the date of publication and posting of this notice pursuant to 24
V.S.A. § 1061(a)(2). If such a petition is presented, the City shall cause the question of whether the City
should convey the above-described development rights, perpetual conservation easement restrictions,
and a public access easement to Vermont Land Trust, Inc. on the terms set forth above to be considered
at a Special Meeting called for that purpose or at the next Annual Meeting.
THIS IS NOT A SOLICITATION FOR BIDS, NOT AN OFFER TO SELL THIS REAL ESTATE TO
ANY PERSON ON ANY PARTICULAR TERMS OR CONDITIONS.
Tim Barritt, City Council Chair
August 5, 2024
MEMORANDUM
To: City Council
From: Steven A. Locke, Fire Chief
CC: Jessie Baker, City Manager
Date: July 22, 2024
Re: Progress Report on Hazard Mitigation Plan
Please �ind attached the progress report on the implementation of the All – Hazards Mitigation Plan for activities conducted in calendar year 2023. This report was prepared by staff from the Chittenden County Regional Planning Commission (CCRPC) with the assistance of city staff. The All – Hazards Mitigation Plan was last adopted in 2022. There is no Council action required. Please let me know if you have any questions.
CITY OF SOUTH BURLINGTON
Report: Calendar Year 2023: Progress on Implementation of All-Hazards Mitigation Plan
Date: June 2024
To: City Council
From: Steven Locke, City Emergency Management Director
Terry Francis, Fire Marshal
Information collected by: Chittenden County RPC in partnership with municipal staff
City of South Burlington Mitigation Actions: Implementation Monitoring Worksheet
Action
#
Proposed Action Agency/
Departments
Risk Reduction Benefit Hazard(s)
Addressed
2022-1 Retrofit of all new and existing critical
infrastructure to withstand the impacts
of identified hazards.
Public Works
Stormwater
Division
Addresses damage to
new/existing public
infrastructure and
buildings.
Wildfire, Severe
Rainstorm, Severe
Winter Storm,
Flooding, Fluvial
Erosion
Report on Progress in Calendar
Year 2023
City reports progress in 2023 as follows: (buildings, bridges and
culverts)
Bartlett Bay Road: The City obtained a grant to fund the
design and construction of a new box culvert to replace an
undersized culvert.
2022-2 Mitigate impacts of runoff such as
excessive flow, sediment load and
excessive phosphorus discharge.
Public Works
Stormwater
Division
Addresses damage to
new/existing public
infrastructure and
buildings. Mitigates
temporary road and
bridge closure and
budgetary impacts.
Wildfire, Severe
Rainstorm, Severe
Winter Storm,
Flooding, Fluvial
Erosion
Report on Progress in Calendar
Year 2023
-annual # basins cleaned & annual # street miles swept
City reports progress in 2023 as follows:
The City cleaned 262 storm drains.
The City used vacuum assisted sweepers to sweep
approximately 80 miles of roadway.
-annual # of land development proposals reviewed to assure proper
stormwater management.
City reports progress in 2023 as follows:
8 final plats issued (includes final plats begun in 2022 and
issued in 2023)
50 site plans issued (includes site plans submitted in 2022 and
issued in 2023)
5 applications creating more than 1/2 acre of impervious
10 applications creating more than 5,000 sf of impervious
2022-3 Continued implementation of Flow
Restoration Plans.
Public Works
Stormwater
Division
Addresses damage to
new/existing public
infrastructure and
buildings.
Wildfire, Severe
Rainstorm, Severe
Winter Storm,
Flooding, Fluvial
Erosion
Report on Progress in Calendar
Year 2023
City reports progress in 2023 as follows:
The City completed 16 Preliminary Designs.
The City completed 3 Final Designs.
The City constructed 3 projects to implement the FRPs.
2022-4 Implementation of River Corridor
Standards
Public Works
Stormwater
Division
Addresses damage to
new/existing public
infrastructure and
buildings. Mitigates
temporary road and
bridge closure and
budgetary impacts.
Wildfire, Severe
Rainstorm, Severe
Winter Storm,
Flooding, Fluvial
Erosion
Report on Progress in Calendar
Year 2023 No applications for land use in the River Corridor were
received.
2022-5 Review and update City Land
Development
Planning Addresses damage to
new/existing public
infrastructure and
buildings.
Wildfire, Severe
Rainstorm, Severe
Winter Storm,
Flooding, Fluvial
Erosion
Report on Progress in Calendar
Year 2023 The following updates were made in 2023 to Article 12
Environmental Standards, including, but not limited to:
Modification of the Class II wetlands buffer boundary in
some residential areas; Updated standards for development
within pre-existing impacted areas; Streamlined
administrative permitting process; Removed permitted,
human-made steep slopes from regulation as steep slopes.
2022-6 Retrofitting of hazard-prone structures Public Works
Stormwater
Division
Addresses damage to
new/existing public
infrastructure and
buildings.
Wildfire, Severe
Rainstorm, Severe
Winter Storm,
Flooding, Fluvial
Erosion
Report on Progress in Calendar
Year 2023 See report for Action 2022-1 above.
180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4112 | WWW.SOUTHBURLINGTONVT.GOV
180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4112 | WWW.SOUTHBURLINGTONVT.GOV
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•
•
•
•
•
•
180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4112 | WWW.SOUTHBURLINGTONVT.GOV
180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4107 | WWW.SOUTHBURLINGTONVT.GOV
180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4107 | WWW.SOUTHBURLINGTONVT.GOV
MEMORANDUM
To: South Burlington City Council
From: Robert Fischer, Water Quality Superintendent
CC: Tom DiPietro, Public Works Director
Jessie Baker, City Manager
Date: July 30, 2024
Re: Bartlett Bay WWTF Upgrade Pre-Selection Engineer’s Recommendation
The City of South Burlington is in the early stages of final design for upgrades to the Bartlett
Bay Wastewater Treatment Facility (WWTF). Upgrades to the facility will include upgrading
the treatment process from an Anaerobic/Oxic (A/O) process to an Anaerobic/Anoxic/Oxic
(A2/O) process.
The City of South Burlington, working with the selected Engineering Firm for the Bartlett
Bay Treatment Facility upgrade and refurbishment, Hoyle Tanner and Associates (HTA)
Burlington, Vermont, undertook a pre-selection bid process for the selection of the biological
process, SCADA, and digital performance platform system in order to select the optimal
process, software, and associated equipment for their given conditions and to streamline the
design of the facility upgrades. The request for proposals (RFP) included a real-time cloud-
based process optimization system as a critical component of the upgrades. The use of real-
time cloud-based process optimization was chosen to foster potential energy and chemical
savings along with process improvements. The RFP was advertised on May 21, 2024. Bids
were due and opened on June 20, 2024. One biological process and SCADA upgrade with
real-time cloud-based process optimization system proposal was received in response to the
RFP from Kruger (Veolia Water Technologies) for $2,279,378 (HTA estimate $1,975,236).
This will have a variety of benefits as we move forward with the project design and
implementation. Kruger installed the original A/O and SCADA system at the Bartlett Bay
WWTF in the late 1990’s and has experience in projects throughout the New England and
Vermont region. Kruger provided a list of 12 facilities as references including facilities
located in a cold climate. Working with the State of Vermont, this complied with all
requirements for this pre-selection process.
The City of South Burlington Water Quality Division and HTA recommend that Council
approve the selection of Kruger to provide the biological process and SCADA upgrade with
real-time cloud-based process optimization system for the Bartlett Bay Wastewater
Treatment Facility.
Vermont Drinking Water State Revolving Fund (DWSRF)
Service Line Inventory Loan Application
Municipal Water System Version (private systems please use the other version)
Technical review by Vermont Department of Environmental Conservation
Financial review and loan agreements by Vermont Bond Bank
Borrower Information and Contacts
Municipality legal name:
Water system name:
WSID # (3-5 digits):
Mailing Address:
SAM.gov Unique Entity ID (12 character):
Full SAM.gov registration is not required, but to be a subrecipient of federal funds including a DWSRF
loan, there must be a publicly visible entry that DEC staff can review.
Municipal Water System Personnel and/or Board Members
List all people who will authorize or manage the loan in roles such as
Town/City: Manager; Public Works Director; Clerk; Treasurer; Financial Manager; etc.
Governing Body/Selectboard/Prudential Committee: Chair; Treasurer; Clerk/Secretary; Member.
Start with the Authorized Representative and Alternate Auth. Rep. and provide their contact info. Add
pages for additional names if needed. Have each person sign the application. A signature below certifies
review and approval of the entire completed loan application. The Consultant will be added in the
next section. The Designated Operator role does not need to be added to the loan application unless they
are in one of the other roles.
Authorized Representative (who has authority to sign legal and financial agreements):
Name Title/Role:
Phone: Email:
Signature Date
Alternate Authorized Representative (backup for Authorized Representative):
Name Title/Role:
Phone: Email:
Signature Date
Page 1 of 4
May 23, 2024
City of South Burlington
South Burlington Water Department
5091
180 Market Street, South Burlington VT 05403
QLSMM3HYJJP1
Tom DiPietro Director, Department of Public Works
(802) 658-7961 tdipietro@southburlingtonvt.gov
Thomas DiPietro
Digitally signed by Thomas DiPietro
DN: C=US, E=tdipietro@southburlingtonvt.gov, O=City of South Burlington, OU=Department of Public Works, CN=Thomas DiPietroReason: I am approving this documentDate: 2024.05.23 10:38:20-04'00'
Jessie Baker City Manager
(802)846-4107 jbaker@southburlingtonvt.gov
Other personnel/board members:
Name Title/Role:
Phone: Email:
Signature Date
Name Title/Role:
Phone: Email:
Signature Date
Name Title/Role:
Phone: Email:
Signature Date
Name Title/Role:
Phone: Email:
Signature Date
Name Title/Role:
Phone: Email:
Signature Date
Name Title/Role:
Phone: Email:
Signature Date
Consultant / Contractor:
Firm Name: Contact Name:
Mailing Address:
Phone: Email:
Relevant experience and qualifications for service line inventory:
Page 2 of 4
MSK Engineers and new england backflow p Patrick Smart
150 Depot St Bennington VT 05201
802-447-1402 psmart@mskeng.com
MSK Engineers has been working with the Town of Bennington to identify and replace lead service
lines since 2017, and is a leader in implementation of a stepwise approach to identify buried SL pipe
materials. MSK is currently contracted with VTDEC to prepare service line inventories and lead
service line replacement plans for 11 very small community water systems in Vermont.
Project Details and Loan Request
Project Title: Service Line Inventory
Loan purpose and terms: Community and NTNC water systems are required under the Lead and Copper
Rule Revisions to submit a service line inventory (SLI) by October 2024. Specific requirements
for the inventory format and its development are set by the Drinking Water and Groundwater
Protection Division. The most current funding information will be available from the DWSRF
program. Loan terms will be 0% interest and fees. Repayment will start 5 years after the loan
agreement, split into 5 annual payments. Any loan forgiveness proposed on SLI priority list may
be issued in portions as the annual portfolio of loans under that grant develops. If the SLI leads to
a subsequent DWSRF construction loan, the SLI loan may be rolled into that construction loan.
Project General Tasks: General categories of tasks that are eligible for these loans and may need to be
completed are listed below and should be considered in development of the contract or
Engineering Services Agreement. Note that the final SLI must cover portions owned by both the
water system and the customer. Do not include the scope or budget of other planning work the
contractor may complete for the water system (e.g., asset management planning, preliminary
engineering). If other DWSRF-eligible and fundable work will be completed on a similar timeline,
a single loan agreement may be developed, but loan applications must be submitted separately.
1. Record Review
x Meet with water system personnel. Review water system records for service line info.
x Review other available documentation (e.g., Town Clerk office, DEC regional office (including online
permit search), Act 250 permits, local plumbers and former water system staff, etc.)
2. Survey and Inspection
x Survey customers for service line information.
x Where necessary, inspect the customer side of the service line (building inlet).
3. Inventory Spreadsheet and Replacement Plan
x Enter inventory data for each service line into the state inventory spreadsheet template.
x Where required based on the inventory, develop the Lead Service Line Replacement Plan.
Project Specific Information: Describe the anticipated tasks to be completed by the contractor for this
specific water system and the general methods. These will differ among water systems depending
on current records, system age, material types, history of distribution upgrades, etc. If including a
draft or executed contract or ESA that includes this information, enter “see attached”.
Page 3 of 4
MSK Engineers will be responsible for development and implementation of a project database, records
review, data analysis, conducting service line observations, preparing a service line inventory and lead
service line replacement plan (if necessary).
Number of service lines to be inventoried (per DWGPD instructions):
General budget explanation for tasks (costs per project and/or per service line, or enter “see attached”):
Anticipated total inventory project cost: $
Amount requested for this loan: $
Borrower financial info
Borrower fiscal year: Calendar (Jan – Dec) State Fiscal (July – June)
Federal Fiscal (Oct – Sept) Other:
Current water system debt (not including this loan): Total:
Expected to pay off within 5 years:
Not expected to pay off within 5 years:
Annual Debt payments: Current:
Anticipated in 5 years:
Other projects the water system anticipates in the next 5 years that may require a loan:
The Vermont Bond Bank may require additional information for financial capacity review and
underwriting, and/or may use information from other pending DWSRF loan applications.
Email completed application and the following attachments to: anr.dwsrfinvloan@vermont.gov
Amy Galford, DWSRF Program Lead, 802-585-4904
x This loan application, all fields completed and all signatures completed.
x Contract or Engineering Services Agreement (ESA) that matches the info above. We recommend
submitting a draft for DEC staff review with this loan application or earlier prior to signing the contract.
Page 4 of 4
6400
Cost per service connection is $85.15. MSK Engineers' project cost is $545,000, a draft agreement and
level of effort table are attached.
545,000
545,000
$97,440
$97,440
$97,440
$165,000
None.
180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4107 | WWW.SOUTHBURLINGTONVT.GOV
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 18, 2024
Re: Update to the South Burlington Water Ordinance
This evening is the fourth reading and second public hearing on draft amendments to the
Water Ordinance, as warned by Council at your July 15th meeting. Enclosed with your packet
please ϐind a “redline” version of the Water Ordinance with the amendments as voted upon
for public hearing in July, including the removal of a proposed amendment relating to sewer
billing. Revisions proposed in the updated ordinance include:
Updates to modernize deϐinitions, language, and formatting throughout the
document, as well as updates to technical standards and speciϐications.
Deϐining the City’s water service area, intended to be aligned with the City Plan and
Land Development Regulations, as well as deϐining 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
July 15th, (b) make any speciϐic changes it may feel appropriate and warn a third 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 July 15, 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.
(a) 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) When required, a meter may be set inside a meter vault (meter pit,
meter box) to assure accurate measuring of all water passing
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,
CD38:38
maintenance, and replacement.
(1)
(2)(3) 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.
(4) 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
2" 21/2—160 gpm
(25)(5) 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
CD38:39
additional meters. The meters shall should be approved by the
department prior to installation.
CD38:40
UTILITIES § 38-108
(26)(6) 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.
(27)(7) 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.
(28)(8) 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.
(29)(9) 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.
(30)(10) 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.
(11) 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.
(12) 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.
(13) 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.
(14) 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.
(15) 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.
(16) 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.
(31)
(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
August 5, 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 and a
first public hearing was held on July 15th
•The City proposed removing an amendment in Section 38-107(2)
•No additional changes are being proposed since the July
15th public hearing
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
•Struck language discussing sanitary sewer billing
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 next
steps.The Council can choose at that point to
•(a)adopt the amendments as warned,
•(b)make any changes it may feel appropriate and warn a third
public hearing,or
•(c)table action to a future meeting.
MEMORANDUM
To: South Burlington City Council
From: Dave Wheeler, Water Resources Engineer
Marisa Rorabaugh, Stormwater Superintendent
CC: Jessie Baker, City Manager
Tom DiPietro, Director of Public Works
Paul Conner, Director of Planning
Date: July 30, 2024
Re: Update to the South Burlington Sanitary Sewer & Stormwater Ordinance
The South Burlington Department of Public Works, Department of Planning and Zoning, and
Legal Department have prepared updates to the City’s Sanitary Sewer & Stormwater
Ordinance, which were presented to City Council on June 17th for the ϐirst reading. The City’s
Sanitary Sewer & Stormwater ordinance deϐines how our wastewater and stormwater
utilities are operated and managed. Revisions proposed in the attached draft include:
Updates to improve clarity and modernize the deϐinitions, language, and formatting
used throughout the document, as well as splitting sanitary sewer and stormwater
into two different articles within the utilities chapter of the City Code.
Deϐining the City’s sewer service area and other updates related to requirements in
the recently passed Act 47.
Updated technical standards to reference DPW Standards and establish
requirements for pump stations.
Updates to language pertaining to sewer allocation and fee rates and structures.
Updates to the stormwater fee calculation process to align with recently amended
Act 24 Chapter 101.
Deletion of the Credit Manual for Stormwater Fees from the code; to be brought back
before you as a resolution.
Deϐining the geography of the City Center Sewer Service Area to match that of the
Water Ordinance
The process for updating a City ordinance is deϐined in the City’s charter. The next step in the
process is to hold a second reading and public hearing on the ordinance, which was
scheduled for City Council’s August 5th meeting. Based on public comments received on the
180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4112 | WWW.SOUTHBURLINGTONVT.GOV
Sanitary Sewer Ordinance, additional updates are being proposed to the language in the
ordinance, as they relate to the establishment of an alternative billing method for properties
where the installation of a water meter is prohibitive or infeasible. These additional updates
will require a second public hearing.
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
June 17th, (b) make any speciϐic 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 Sanitary Sewer and Stormwater
Ordinance pursuant to 24A V.S.A. Chapter 13 Section 106.”
Motion 2: “I move to close the public hearing of proposed amendments as warned, to
the City of South Burlington’s Sanitary Sewer and Stormwater Ordinance pursuant to
24A V.S.A. Chapter 13 Section 106.”
Motion 3:
Option #1 – To adopt as Proposed on June 17, 2024 without additional changes:
“I move to adopt the amended Sanitary Sewer and Stormwater 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 Sanitary Sewer and
Stormwater 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.
PART II - CODE OF ORDINANCES
Chapter 38 UTILITIES
South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST]
Page 1 of 26
ARTICLE IV. SANITARY SEWER AND STORMWATER SYSTEMS1
DIVISION 1. GENERALLY
Sec. 38-320. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them
in this section, except where the context clearly indicates a different meaning:
Abandoned as defined by the City's Land Development Regulations.
Affordable housing means as defined by the City's Land Development Regulations. either of the following:
(1) Housing that is owned by its inhabitants, whose gross annual household income does not exceed 80
percent of the median income for the Burlington-South Burlington Metropolitan Statistical Area (MSA), as defined
by the United States Department of Housing and Urban Development, and the total annual cost of the housing,
including principal, interest, taxes and insurance, is not more than 30 percent of the household's gross annual
income; or
(2) Housing that is rented by its inhabitants whose gross annual household income does not exceed 80
percent of the median income for the Burlington-South Burlington Metropolitan Statistical Area (MSA), as defined
by the United States Department of Housing and Urban Development, and the total annual cost of the housing,
including rent, utilities, and condominium association fees, is not more than 30 percent of the household's gross
annual income.
Allocation fee means a fee imposed on applicants for capacity allocation, specified in dollars per gallon, as
established by the city council.
Authorized person means the city manager, director of public works, deputy director of environmental
serviceswater resources engineer, stormwater superintendent, water quality wastewater superintendent and such
other persons as they specifically appoint or authorize to perform duties for the stormwater division or water
quality wastewater division.
Best management practices (BMPs) means schedules of activities, prohibitions of practices, general good
housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other
management practices to prevent or reduce the discharge of pollutants directly or indirectly to the stormwater
system or waters of the state or the United States. BMPs also include treatment practices, operating procedures,
and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials
storage.
Biochemical oxygen demand (BOD) means the quantity of oxygen utilized in the biochemical oxidation of
organic matter under standard laboratory procedure in five days at 20 degrees Celsius expressed in milligrams per
liter.
1Charter reference(s)—Authority to purchase property for providing sanitary sewer service, § 13-103.
State law reference(s)—Water mains and sewers, 24 V.S.A. § 3401 et seq.; sewage system, 24 V.S.A. § 32501 et
seq.; sewage disposal system, 24 V.S.A. § 3601 et seq.; on-site sewage system, 24 V.S.A. § 3631 et seq.;
uniform water and sewer disconnect, 24 V.S.A. § 5141 et seq.
PART II - CODE OF ORDINANCES
Chapter 38 UTILITIES
South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST]
Page 2 of 26
Building drain means that part of the lowest horizontal piping of a drainage system which receives the
discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building
sewer. The building drain extends five feet beyond the outer face of the building wall.
Building sewer means that part of the sewage system which receives the sewage from the building drain and
conveys it to the nearest end of the house connection unless a house connection is not available, whereby the
building sewer shall be extended to the nearest available "Y" branch on the main sanitary sewer.
City Center sewer service area means that area of the city shown in section 38-322.
City Center uncommitted reserve capacity shall be established as 150,000 gallons per day upon the adoption
of the ordinance from which this article is derived, which amount shall be reduced from time to time upon the
granting of final allocations for development within the City Center sewer service area.
City manager means the city manager, or his their authorized deputy, agent, or representative.
Combined sewer means a sewer receiving both stormwater runoff and sewage.
Committed reserve capacity means the total amount of development wastewater flow (gallons per day) from
all projects/buildings for which final allocations have been granted but are not yet discharging to the sewer.
Connection fee means a one-time fee imposed on applicants to connect to the municipal sewer system.
Construction activity means activities, including, but not limited to, clearing and grubbing, grading,
excavating, and demolition.
Credit means an ongoing reduction in the stormwater user fee for certain identified and approved qualifying
and ongoing private actions or activities that reduces the potential impact of increased stormwater discharges that
result from development of a property.
Department of public works wastewater division means that city department division responsible for
construction, operation and maintenance of the sewage works.
Developed property means any property that is altered from a natural state by construction or installation of
more than 500 square feet of impervious surface.
Developer means any individual, corporation, association, or other organization engaged in land
development or building construction.
Development wastewater flow means the flow resulting from full use of the development at its peak
capacity, which flow shall be calculated using flow quantities, adopted as rules by the state department of
environmental conservation, as promulgated at the time a connection permit application is made.
Discharge permit means a permit issued by the state department of environmental conservation pursuant to
authority granted in 10 V.S.A. ch. 47, or the U.S. Environmental Protection Agency pursuant to 33 USC 1251 et seq.
Exclusively residential means land development in the city comprised of properties containing solely
residential uses and permitted accessory uses, such as single-family, two-family and multi-family dwelling units.
Land development with commercial, industrial or other nonresidential uses is excluded.
Garbage means solid wastes from the domestic and commercial preparation, cooking, and dispensing of
food, and from the handling, storage, and sale of produce.
Hazardous material means any material, including any substance, waste, or combination thereof, which,
because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or
significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the
environment when improperly treated, stored, transported, disposed of, or otherwise managed.
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House connection means that part of the sewage system that runs from the main sanitary sewer to the
property line and includes all necessary fittings.
Illicit discharge means any direct or indirect non-stormwater discharge to the stormwater sewer system.
that is not expressly authorized by this ordinance.
Impervious surface means those man-made surfaces, including, but not limited to, paved and unpaved roads,
parking areas, roofs, driveways, sidewalks, walkways, compacted gravel and soil surfaces, and awnings and other
permanent fabric or plastic coverings, from which precipitation runs off rather than infiltrates.
Industrial activity means activities subject to NPDES industrial permits as defined in 40 CFR 122.26(b)(14).
Industrial wastes means the liquid wastes from an industrial manufacturing process, trade, or business. The
term "industrial wastes" does not include sanitary sewage.
Main sanitary sewer means the sewers laid longitudinally along the centerline or other part of the streets or
other rights-of-way and to which all owners or abutting properties have equal rights and which is controlled by
public authority.
MS4 permit means the state agency of natural resources' general permit 3-9014, as amended or reissued,
pursuant to which the city obtained coverage for stormwater discharges from its municipal separate storm sewer
system.
National Pollutant Discharge Elimination System (NPDES) stormwater discharge permit means a permit
issued by EPA (or by a state under authority delegated pursuant to 33 USC 1342(b)) that authorizes the discharge
of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general
area-wide basis.
Natural outlet means any outlet into a watercourse, pond, ditch, lake, or other body of surface water or
groundwater.
Non-single-family residence (NSFR) means all types of developed property in the city except single-family
residences.
Non-stormwater discharge means any discharge to the stormwater system that is not composed entirely of
stormwater or such other waters or materials as are specifically authorized herein. The term "non-stormwater
discharge" includes placing or depositing any hazardous material or pollutant in the stormwater system.
On-site sewage treatment and disposal system means a septic tank and leaching field system utilizing natural
soil to treat and disperse sewage in such a manner as to protect public health, and both groundwater and surface
water from contamination.
Permitted wastewater flow means the maximum plant wastewater flow authorized in the discharge permit
on an annual average (365-day average) basis, or on the high seasonal use period as defined in the discharge
permit.
Plant wastewater flow means the wastewater passing through the treatment plant in gallons per day on an
annual average basis (365-day average) except where flows vary significantly from seasonal development. In the
latter case, plant wastewater flow is determined as the average throughout the high seasonal use period, as
determined by the board.
Plants means municipal sewage treatment plants owned by the city.
Pollutant means any introduced substance which causes or contributes to pollution. Pollutants may include,
but are not limited to, paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and
solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles,
and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and
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fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate
metals; heat; rock, sand, cellar dirt, dredged spoil; animal wastes; wastes and residues that result from
constructing a building or structure; and noxious or offensive matter of any kind.
Private sewage system or facilities means all facilities for collecting, pumping, treating, and disposing of
sewage that is not under the control of nor operated by the city.
Public sewage system or facilities means all facilities for collecting/pumping, treating and disposing of
sewage that are controlled and operated by the city.
Public stormwater system means all elements of the stormwater system located in the city that are
controlled and operated by the city or that carry water that drains from any public property, including street
rights-of-way.
Regulated private system means those stormwater systems located on privately owned property in the city
that are subject to or required to obtain a permit for stormwater discharges under federal or state law, which
permits routinely require installation and maintenance of stormwater management or treatment improvements.
Reserve capacity means the permitted wastewater flow minus the actual plant wastewater flow during the
preceding 12 months.
Sanitary sewer means a sewer which carries sewage and to which storm, surface, and groundwaters are not
intentionally admitted.
Sewage or wastewater means a combination of the water-carried wastes from residences, business
buildings, institutions, and industrial establishments, together with such ground, surface, and stormwaters as may
be present.
Sewage and stormwater commissioners (or commissioners or boardboard of commissioners) means members
of the city council acting as a board of sewage and stormwater commissioners under 24 V.S.A. § 36143602.
Sewage treatment plant means any arrangement of devices and structures used for treating sewage.
Sewer means a pipe, culvert, ditch, swale or other conduit for carrying sewage or stormwater.
Sewer service area means that area of the city that is within 200 feet horizontally from existing municipal
collection lines and manholes, excluding the City Center sewer service area, as shown on the sewer service area
Map, dated January 3, 2001, located in Map 5, Public Utilities No. 2, of the city comprehensive plan. The sewer
service area may be altered by adoption of an amendment to this article. If there is any conflict between the sewer
service area shown on the above-referenced map and the City Center sewer service area, as defined herein, the
area included within the City Center sewer service area shall control. means the area served by or planned to be
served by the publicly owned sewer system, as shown on the sewer service area map, located in Appendix A of this
ordinance.
Sewers means the sewage collection and transmission system owned by the city.
Single-family residence (SFR) means detached single-family homes, duplexes, and triplexes.
Slug means any discharge of water, sewage, or industrial waste which, in concentration of any given
constituent or in quantity of flow, exceeds for any period of duration longer than 15 minutes more than five times
the average 24-hour concentration or flows during normal operation.
Storm drain means a sewer intended to carry only stormwater and surface waters.
Stormwater means excess water from rainfall and snow melt that does not evaporate or penetrate into the
ground, which flows overland and is collected and transported to waters of the state or the United States by the
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stormwater system, together with any material that becomes dissolved or suspended in such water during its
overland flow before entering the stormwater system.
Stormwater appeal board means the city manager, public works director, and a third person appointed by
the city council.
Stormwater discharge means any stormwater that is transported, naturally or otherwise, from a developed
property to the public stormwater system or to a watercourse.
Stormwater services division means that city division within the department of public works responsible for
construction, operation and maintenance of the public stormwater system.
Stormwater superintendent means that employee of the city who shall be designated from time to time by
the city manager to oversee the stormwater services division.
Stormwater system means natural and man-made drainage structures, conveyances, storm drains,
catchbasins, and any other appurtenant device or structure where stormwater is collected, transported, pumped,
treated, or disposed of.
Stormwater upgrade feasibility analysis (SUFA) means those standards and procedures, as adopted and
amended by city council, defining the processes of engineering feasibility analysis for upgrade, repair and
maintenance of stormwater systems in the city, which shall be incorporated by reference herein.
Subdivision as defined by the City's Land Development Regulations. means a tract of land, owned or
controlled by a person, which has been partitioned or is intended to be divided for the purpose of sale or lease into
two or more lots. The dividing of a parcel of land by sale, gift, lease, mortgage foreclosure, court-ordered partition
or filing of a plot plan on the town records where the act of division creates one or more parcels of land of less
than ten acres in area, but excluding leases subject to the provisions of 10 V.S.A. ch. 153, relating to mobile homes.
Subdivision shall be deemed to have occurred on the conveyance of the first lot or the filing of a plot plan on the
town records, whichever shall first occur; or the commencement of building development with intent to subdivide,
such that the building development will be located upon a parcel of land less than ten acres in size.
Suspended solids means solids that either float on the surface of, or are in suspension in, water, sewage, or
other liquids, and which are removable by laboratory filtering or use of BMPs.
Uncommitted reserve capacity means that portion of the reserve capacity remaining after subtracting the
development wastewater flow of all projects for which a final allocation has been granted, but are not yet
discharging to the sewer, and any capacity reserved by the city council for allocation to development in the City
Center sewer service area.
VSMM means the Vermont Stormwater Management Manual, as amended from time to time by the state
agency of natural resources, which shall be incorporated by reference herein.
Wastewater Water quality superintendent means that employee of the city who shall be designated from
time to time by the city manager to oversee the department of public works wastewater water quality division.
Watercourse means a channel in which a flow of water occurs, either continuously or intermittently.
(Ord. of 3-21-2005, art. I, § 1, art. III, § 2; Ord. of 10-17-2016(1), § 1.1; Ord. of 12-5-2022, § 1.1)
Sec. 38-321. Abbreviations.
For the purpose of this article, the following abbreviations shall have the meaning ascribed to them under
this section. References to standards of the following organizations shall refer to the latest edition of it.
ASTM means American Society for Testing and Materials.
mg/L means milligrams per liter.
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pH means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
ppm means parts per million.
WPCF means Water Pollution Control Federation.
(Ord. of 3-21-2005, art. I, § 2; Ord. of 10-17-2016(1), § 1.2; Ord. of 12-5-2022, § 1.2)
Sec. 38-322. Method for infiltration testing.
The following requirements apply to any required infiltration testing:
(1) Testing must be performed under the supervision of a qualified professional (i.e., registered engineer,
site designer licensed in the state, a qualified soil scientist, a qualified geologist, a qualified
hydrogeologist, or other person approved in advance by the stormwater superintendent).
(2) Infiltration test methods must assess the saturated hydraulic conductivity under "field-saturated"
conditions (see ASTM D5126-90 Standard Guide for Comparison of Field Methods for Determining
Hydraulic Conductivity in the Vadose Zone).
(3) Infiltration test locations shall correspond to the proposed stormwater treatment practice (STP)
locations, and infiltration tests must be conducted at a minimum depth of the bottom of the proposed
STP.
(4) Design infiltration rates shall be determined by using a factor of safety of 2 from the field-derived
value.
(5) Percolation tests are not acceptable in place of testing for saturated hydraulic conductivity, as they
overestimate saturated hydraulic conductivity values. Acceptable tests include:
a. Guelph permeameter - ASTM D5126-90 Method.
b. Falling head permeameter - ASTM D5126-90 Method.
c. Double ring permeameter or infiltrometer - ASTM D3385-09, D5093-152, D5126-90 Methods.
d. Amoozemeter or Amoozegar permeameter - Amoozegar 1992.
(6) The following information must be documented for any infiltration testing:
a. Date and time of testing.
b. Name and qualifications of the person conducting the testing.
c. Location of infiltration testing.
d. Method utilized during testing.
e. Results of infiltration testing in inches/hour.
(7) A qualified professional may establish seasonal high groundwater depth in test pits based on
redoximorphic features.
(8) Verify depth to bedrock (if within four feet of proposed STP bottom) via test pits or solid auger probes.
(Ord. of 10-5-2015(2), app. A; Ord. of 10-17-2016(2), app. A)
Sec. 38-323. Submission standards.
The following information must be included with a submission:
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(1) Complete application form.
(2) A brief written narrative describing the proposed stormwater treatment practice (STP) and how it
meets the SUFA standard. This includes a description of how the proposed STP matches or differs from
what is indicated in any approved flow restoration plan (FRP).
(3) A written description of the ongoing maintenance needs for the drainage system and proposed STP.
(4) A map delineating the drainage area flowing to each STP. This must include any off-site areas flowing to
the STP.
(5) Site plan and construction details for all proposed STPs. The site plan must include:
a. Location, type, and size of all impervious surfaces.
b. Location, type, size, elevations, and specifications for all proposed STPs.
c. Stormwater collection and conveyance systems including swales, culverts, and piping.
d. Length, diameter, and material for all piping and culverts.
e. Topographic survey and natural resource delineations.
f. Soil type and/or hydrologic soil group.
g. The location and results of any infiltration testing conducted.
h. Tree canopy and changes to landscaping.
(6) Modeling results that show the existing and post-development hydrographs for the storm events
indicated below. Any TR-55 based model shall be suitable for this purpose. Modeling methods utilized
shall be in accordance with the best practices utilized by the state stormwater management section
and described in the VSMM.
a. The water quality volume (WQv) storm event as described in the VSMM.
b. The one year, 24-hour rainfall event as described in the VSMM.
c. The 25-year, 24-hour rainfall event (currently 4.0 inches) as described in the most recent version
of the city's land development regulations.
(7) Applications submitted under the combined method must include a stormwater mitigation fee
calculation. The site plan, listed under subsection (5) of this section, must indicate the portion of
impervious area (IA) being utilized in the stormwater mitigation fee calculation.
(Ord. of 10-5-2015(2), app. B; Ord. of 10-17-2016(2), app. B; Ord. of 7-6-2021, app. B)
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Secs. 38-3242—38-335. Reserved.
DIVISION 2. SANITARY SEWER SYSTEM
Subdivision I. In General
Secs. 38-336—38-350. Reserved.
Subdivision II. Sanitary Disposal Systems
Sec. 38-351. Use of public sanitary sewer system required.
(a) It shall be unlawful for any person to place, deposit, or permit to be deposited on public or private property
within the city, or in any area under the jurisdiction of said city, any human or animal excrement, garbage, or
other objectionable waste.
(b) It shall be unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of
said city, any sewage or other polluted waters, except where suitable treatment has been provided in
accordance with the provisions of this article.
(c) Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic
tank, cesspool, leach field or other facility intended or used for the disposal of sewage.
(d) The owners of all houses, buildings, or properties used for human occupancy, employment, recreation, or
other purposes, situated within the sewer service areacity and abutting on any street, alley, or right-of-way
in which there is located a public sanitary or combined sewer of the city, are hereby required at their
expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper
public sewer in accordance with the provisions of this article, within 180 days after date of official notice to
do so, unless specifically exempted from this provision by the city council, upon recommendation by the
director or their designee.
(e) Properties currently served by a private sewage disposal system may continue to operate the system until it
fails. Upon failure of the private system, the property owner is required to connect to the public sanitary
sewer system in as required in section 38-351(d).
(f) Property owners within the sewer service area may be allowed to connect to an adjacent municipal sewer
system at the discretion of the superintendent.
(g) Connections to and extensions of the public sewer system proposed to serve development located outside
the sewer service area are prohibited.
(h) Changes to Sewer Service Area within the City of South Burlington to match approved changes to habitat
block and habitat connectors under the Land Development Regulations. The City Council, may by resolution
approve a change to the boundaries of the sewer service area, subject to the following limitations:
a. Such change may only take place upon request by a property owner that has received final approval for
a habitat block and habitat connector modification under the South Burlington Land Development
Regulations.
b. The change must exactly match the geography of the approved habitat block and habitat connector
modification.
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c. Upon approval by the City Council, the Sewer Service Area shall be modified as follows: areas approved
under the Land Development Regulations be removed from the habitat block and connector shall be
added to the sewer service area and areas approved under the Land Development Regulations to be
added to the habitat block and habitat connector shall be removed from the sewer service area.
(i) All other changes to Sewer Service Area within the City of South Burlington. Any change to the sewer service
area within the City of South Burlington, except those approved under Section 38-351.h, shall require
amendment of this Ordinance
(j) The wastewater division shall review plans of all proposed wastewater system construction to ensure
compliance with department approved specifications. Any materials and equipment used will meet the most
recent version of the “City of South Burlington Department of Public Works Standards and Specifications”,
henceforth the DPW Standards.
(Ord. of 3-21-2005, art. II, § 1; Ord. of 10-17-2016(1), § 2.1)
Sec. 38-352. Private sewage disposal.
(a) Where a public sanitary or combined sewer is not available under the provisions of section 38-351(d), the
building sewer shall be connected to a private sewage system complying with the provisions of this section.
(b) Before commencement of construction of a private sewage system, the owner shall first obtain a written
approval from the director or their designee. permit signed by the city manager. The application owner may
be requested to provide for such permit shall be made on a form furnished by the city, which the applicant
shall supplement by any plans, specifications, and other information as is deemed necessary by the city
managerdirector or their designee.. The property owner must demonstrate that they are outside of the
sewer service area. A permit and inspection fee of $25.00 shall be paid to the city at the time the application
is filed.
(c) A permit for a private sewage system shall not become effective until the installation is completed to the
satisfaction of the city manager. He shall be allowed to inspect the work at any stage of construction and, in
any event, the applicant for the permit shall notify the city manager when the work is ready for final
inspection and before any underground portions are covered. The inspection shall be made within 24 hours
of the receipt of notice by the city manager, excluding Saturday, Sunday, and holidays.
(dc) Once the owner receives written permission from the City, a permit from the Vermont DEC Drinking Water
and Groundwater Protection Division (DWGPD) must be obtained and provided to the department. The type,
capacities, location, and layout of a private sewage system shall comply with all recommendations of the
Vermont Health Regulations, chapter 5, Sanitary Engineering, subchapter 10, Wastewater Treatment and
Disposal, Individual On-Site SystemsDWGPD Environmental Protection Rules, Chapter 1, Wastewater System
and Potable Water Supply Rules.
(d) No septic tank or cesspool shall be permitted to discharge to any natural outlet.
(e) At such time as a public sewer becomes available to a property served by a private sewage system, as
provided in section 38-351(d), a direct connection shall be made to the public sewer in compliance with this
article, and any septic tanks, cesspools, and similar private sewage thoroughly and properly cleaned,
disinfected, and filled in or removed according to good sanitation practice and under the inspection and
direction of the city manager or his representativeDPW Standards. Properties currently served by a private
sewage disposal system may continue to operate the system until it fails. Upon failure of the private system,
the property owner is required to connect to the public sanitary sewer system in as required in section 38-
351(d).
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(f) The owner shall operate and maintain the private sewage facilities in a sanitary manner at all times, at no
expense to the city.
(g) No statement contained in this section shall be construed to interfere with any additional requirements that
may be imposed by the city health officer.
(Ord. of 5-4-1992; Ord. of 3-21-2005, art. II, § 2; Ord. of 10-17-2016(1), § 2.2)
Sec. 38-353. Building sewers and connections.
(a) No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any
public sewer or appurtenance thereof without first obtaining a written permit from the wastewater water
quality superintendent. Any person proposing a new discharge into the system, or a substantial change in the
volume or character of pollutants that are being discharged into the system, shall notify the water quality
wastewater superintendent at least 45 days prior to the proposed change or connection. No such change or
connection shall be made without written approval from the water quality wastewater superintendent,
issued in accordance with subdivision III of this division.
(b) There shall be three classes of building sewer permits:
(1) Residential;
(2) Commercial service; and
(3) Service to establishments producing industrial wastes.
In each case, tThe owner or the owner's agent shall make application on a form furnished by the city. The permit
application shall be supplemented by any plans, specifications, or other information considered pertinent in
the judgment of the water quality wastewater superintendent. The city council may establish fees for review
and issuance of permits and approvals, inspections and connections.
(c) All costs and expenses incident to the installation, connection, maintenance and repair of the building sewer
shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or
indirectly be occasioned by the installation, connection, maintenance, and repair of the building sewer.
Payment of connection fees shall be paid prior to the issuance of a certificate of occupancy.
(d) A separate and independent building sewer shall be provided for every building; except where one building
stands at the rear of another or on an interior lot and no private sewer is available or can be constructed to
the rear building through an adjoining alley, court, yard, or driveway, in which case the building sewer from
the front building may be extended to the rear building and the whole considered as one building sewer. Use
of private sewers which accept and convey flow from more than one building may not be used except when
found, on examination and test by the city, to be in satisfactory condition and meeting all requirements of
this article. The burden of proof and all expenses incurred by the city to determine the condition and
adequacy of the private sewer shall be borne by the owner of said private sewer.
(e) The city may require the owner of a project or developer to install a water meter so recorded flow can be
used to determine the yearly wastewater charge. Water saving fixtures or equalization tanks may be
required by the city for projects/buildings and developments connecting to the sewer system.
(f) Old building sewers may be used in connection with new buildings only when they are found, on
examination and test by the water quality wastewater superintendent, to meet all requirements of this
article.
(g) The size, slope, location, alignment, materials of construction, of a building sewer, and the methods to be
used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the
requirements of the DPW Standards, building and plumbing code or other applicable rules and regulations of
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the city and shall also conform to the rules and requirements of the water quality wastewater division and
the state. In the absence of code provisions or in amplification thereof, the materials and procedures set
forth in appropriate specifications of the ASTM and the latest edition of the Water Pollution Control
Federation (WPCF) Manual of Practice No. 9 shall apply.
(h) Whenever possible, the building sewer shall be brought to the building at an elevation below the basement
floor. No building sewer shall be laid parallel to or within three feet (91.4 cm) of any bearing wall which
might thereby be weakened. The depth shall be sufficient to afford protection from frost. The building sewer
shall be laid at uniform grade in the direction from the main sewer to the building and in a straight alignment
insofar as possible. Change in direction shall be made only with properly curved pipe and fittings with
suitable clean-outs or flush holes as described in subsection (r) of this section. In all buildings in which any
building drain is too low to permit gravity flow to the public sewer, sanitary sewage to be carried by such
sewer shall be lifted by an approved artificial means and discharged to the building sewer. Such lifting
devices shall be located outside the building foundation and have no access or ventilation through the
building.
(hi) No person shall make connection of roof downspouts, exterior and interior foundation drains, areaway
drains, basement sumps or other sources of surface runoff or groundwater to a building sewer or building
drain which in turn is connected directly or indirectly to a public sanitary sewer. All such connections which
exist shall be disconnected by the owner, at his their expense, within 930 days upon receipt of notification by
the city.
(ij) The connection of the building sewer into the public sewer shall conform to the requirements of the DPW
Standards, building and plumbing code or other applicable rules and regulations of the city and the state, and
shall also conform to the rules and requirements of the wastewater division, or the procedures set forth in
appropriate specifications of the ASTM and the latest edition of the WPCF Manual of Practice No. 9. All such
connections shall be made gastight and watertight. Any deviation from the prescribed procedures and
materials must be approved by the wastewater superintendent before installation.
(jk) Prior to any connection to the house connection "Y" or to the main sewer, the city shall be given two working
days' notice in order that they may supervise such work. If the city has not been properly notified, they may
require the completed work to be uncovered for examination, at the owner's expense.
(l) The diameter of the building sewer shall not be less than four inches (10.2 cm). The building sewer shall be
laid on a uniform grade, wherever practicable, in a straight alignment, of at least one-fourth of an inch per
foot (two percent). Where, in special cases, a minimum grade of one-fourth inch per foot cannot be
maintained, a grade of one-eighth inch per foot (one percent) may be permitted, but only after the city gives
its written approval for the specific connection.
(m) When installing the building sewer, the trenches shall be dug in a careful manner and properly sheathed
where required. The excavated materials shall be placed in a separate pile from road materials and shall be
piled in a compact heap so placed as to cause the least possible inconvenience to the public. Proper
barricades and lights must be maintained around the trench to guard against accidents.
(n) In backfilling, the material under, around and for two feet (61 cm) immediately over the pipe shall be
selected so it contains no stones capable of damaging the installation. This must be carefully tamped, the
balance of the trench to be backfilled in a workmanlike manner, tamping and filling in eight-inch (20.3 cm)
layers so as to avoid excessive settlement. When the trench has been filled to the proper height, the road
material is to be replaced and heavily tamped or rolled.
(o) Where the trench is excavated in rock, the rock must be carefully excavated to a depth of six inches (15.2 cm)
below the bottom of the sewer and the trench brought to the proper elevation with gravel or other material
satisfactory to the city. The remainder of the trench must be backfilled with suitable material as described in
subsection (n) of this section.
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(p) Where subsurface-soil conditions warrant, special precautions must be taken as may be directed by the city.
In quicksand, all pipes must be laid out on pressure-treated planking two inches (5.1 cm) thick by at least six
inches (15.2 cm) wide.
(q) The connection of the building sewer to the main sewer shall be made at the house connection at the
property line or, if no house connection exists, connection shall be made at the nearest available "Y"
connection on the main sewer. The city will designate the position of the end of the house connection at the
property line or the "Y" connection on the main sewer, whichever is appropriate. If it becomes necessary to
cut into the main sewer, when no other source of connection is available, then such connection shall be
made as directed by and under the supervision of the city. The dead ends of all pipes not immediately
connected with the house plumbing system must be securely closed by a watertight cover of imperishable
material and properly marked and located.
(r) The use of clean-outs on the building sewer shall be made by installing a "Y" and one-eighth bends. The
clean-outs shall ordinarily be installed at the point of connection between the building sewer and the outside
part of the house plumbing system, at all curves on the building sewer and on the straight part of the house
sewer to the main sewer. The clean-out shall be brought up from the building sewer to four inches (10.2 cm)
below ground level and properly capped. Locations of all clean-outs shall be recorded and turned over to the
city. Where the distance from the building to the point of connection at the main sewer is less than 50 feet
(15.2 m), at least one clean-out 20 feet (6.1 m) from the house shall be provided. Clean-outs shall be of the
same diameter as the building sewer.
(ks) Before any portion of an existing building sewer or the house plumbing system outside of the building is
connected to the main sewer, the owner shall prove, to the satisfaction of the city, that it is clean and
conforms in every respect to this article and all joints are gastight and watertight.
(lt) Where pipe is installed for building sewers, such work shall be performed by a licensed plumber.
(um) The city shall apply appropriate tests to the pipes. The plumber and contractor, at their own expense, shall
furnish all necessary tools, labor, materials and assistance for such tests and shall remove or repair any
defective materials when so ordered by the city.
(nv) Any person performing work on public property for the purpose of installing a building sewer shall file with
the city evidence of adequate insurance coverage for liability and property damage. Minimum amounts of
coverage will be established by the city and posted in the city clerk's office. obtain a right-of-way permit from
the City.
(w) All work shall be adequately guarded with barricades and lights so as to protect the public from hazard.
Streets, sidewalks, curbs, and other public property disturbed in the course of the work shall be restored in a
manner satisfactory to the city and other authorities having jurisdiction.
(x) The contractor shall not block any driveway, street or road at any time without permission of the city and
other controlling agencies. Every effort shall be made to permit the movement of vehicular traffic at all
times. Whenever it becomes necessary to cross or interfere with roads, walks or drives, whether public or
private, the contractor shall maintain, at his own expense and subject to the approval of the city, safe bridges
or other means of egress.
(oy) Maintenance of all private sewage disposal facilities, including, but not limited to, house plumbing systems,
building sewers to the main sewer, house connections, sewers and appurtenances, shall be the responsibility
of the owner, at his their expense. The owner shall be solely responsible for continually maintaining such
facilities in satisfactory operating condition. Maintenance shall include, but not be limited to, maintaining
flow, clearing obstructions, maintaining all joints are gastight and watertight, repair or replace collapsed,
deteriorated or defective materials, and all other work which is necessary and essential to maintaining
proper operation and preserving the structural integrity and watertightness of the system.
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(z) The owner is obligated by sewer permit and any other permits to construct the project, building or
development to meet all specifications for which the permits and approvals were issued. The building
inspector or some other authorized person will inspect existing buildings and construction sites from time to
time during each construction phase to assure permit specifications are being met. A final inspection shall be
made prior to the connection from the building to the main sewer line by the city.
(Ord. of 3-21-2005, art. II, § 3; Ord. of 10-17-2016(1), § 2.3)
Sec. 38-354. Ownership Responsibilities.
(a) The city owns and is responsible for maintenance and repair of the sanitary sewer main line and any publicly
owned pump stations and associated force mains. Only a department employee may operate, repair,
replace, remove, or modify these those items. The cost of and responsibility for repairs to, or replacement of
sewer services, internal piping, backflow preventers, check valves and privately owned pump stations shall
be the responsibility of the property owner. The owner is responsible for the service line from the sewer
main to the building and for all internal plumbing.and any metering devices.
Sec. 38-354. Pump Stations.
(a) All pump stations proposed for new development in the City shall meet the requirements of the DPW
Standards.
(b) Existing pump stations that do not meet the requirements of Section 38-354(a) shall remain privately
owned.
(c) Pump stations must serve a minimum of 25 separate connections in order to be eligible for City
acceptance. Any pump station serving less than 25 residential units shall remain privately owned.
Sec. 38-354355. Prohibited discharges into the public sanitary sewer system.
(a) No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof
runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any
sanitary sewer.
(b) No person shall discharge or cause to be discharged any of the following described waters or wastes to any
public sanitary sewers:
(1) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas.
(2) Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either
singly or by interaction with other wastes, to injure or interfere with any sewage treatment process,
constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the
receiving waters of the sewage treatment plant.
(3) Any waters or wastes having a pH lower than 56.5, or higher than 89.5 or having any other corrosive
property capable of causing damage or hazard to structures, equipment, and personnel of the public
sewage facilities.
(4) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in
sewers, or other interference with the proper operation of the public sewage facilities such as, but not
limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood,
unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups,
milk containers, etc., either whole or ground by garbage grinders.
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(c) No person shall discharge or cause to be discharged the following described substances, materials, waters, or
wastes if it appears likely, in the opinion of the water quality wastewater superintendent, that such wastes
can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the
receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming
his their opinion as to the acceptability of these wastes, the water quality wastewater superintendent will
give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the
sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the
sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent
factors. The substances prohibited are:
(1) Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit (65 degrees Celsius).
(2) Any water or wastes containing fats, wax grease, or oils, whether emulsified or not, in excess of 100
mg/L or containing substances which may solidify or become viscous at temperatures between 32 and
150 degrees Fahrenheit (0 and 65 degrees Celsius).
(3) Any garbage that has not been properly shredded. As used herein, the term "properly shredded"
means that the wastes from the preparation, cooking, and dispensing of food have been shredded to
such a degree that all particles will be carried freely under the flow conditions normally prevailing in
public sewers, with no particle greater than one-half inch (1.27 cm) in any dimension. The installation
and operation of any garbage grinder equipped with a motor of three-fourths horsepower (0.76 hp
metric) or greater shall be subject to the review and approval of the water quality wastewater
superintendent.
(4) Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions
whether neutralized or not.
(5) Any waters or wastes containing settleable solids, iron, chromium, copper, zinc, or similar
objectionable or toxic substances; or wastes exerting an excessive chlorine demand, exerting an
unusual chemical oxygen demand or containing any other material or constituent in concentrations
which exceed the limits established by the water quality wastewater superintendent for such
materials.
(6) Any waters or wastes containing phenols or other taste- or odor-producing substances, in such
concentrations exceeding limits which may be established by the water quality wastewater
superintendent as necessary, after treatment of the composite sewage, to meet the requirements of
the state, federal, and other public agencies of jurisdiction for such discharge to the receiving waters.
(7) Any radioactive wastes or isotopes of such half-life, or concentration as may exceed limits established
by the water quality wastewater superintendent in compliance with applicable state or federal
regulations.
(8) Any chemicals or chemical compounds of the following nature or characteristics or having similarly
objectionable characteristics: alcohols, arsenic and arsenicals, phenols or cresols, formaldehydes,
iodine, manganese, cyanide, heavy metals and other metal finishing or plant wastes, acid pickling
waste, mercury and mercurials, silver and silver compounds, sulfonamides, toxic dyes (organic or
mineral), zinc, all strong oxidizing agents such as chromates, dichromates, permanganates, peroxide
and the like, compounds producing hydrogen sulfide, or any other toxic, inflammable or explosive
gases, either upon acidification, alkalization, oxidation or reduction, strong reducing agents such as
nitrites, sulphides, sulphites, and the like, radioactive materials or isotopes, whether neutralized or not.
(9) Materials which exert or cause:
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a. Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime
slurries, and lime residues) or of the dissolved solids (such as, but not limited to, sodium chloride
and sodium sulfate).
b. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).
c. Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to
constitute a significant load on the sewage treatment works which may cause the effluent
limitations of the discharge permit to be exceeded.
d. Unusual volume of flow or concentration of wastes constituting a slug, as defined herein.
(10) Waters or wastes containing substances which are not amenable to treatment or reduction by the
sewage treatment processes employed, or are amenable to treatment only to such degree that the
sewage treatment plant effluent cannot meet the requirements of its discharge permits or of other
agencies having jurisdiction over discharge to the receiving waters.
(11) Any waters or wastes containing suspended solids of such character and quantity that unusual
attention or expense is required to handle such materials at the wastewater treatment plant.
(12) Any noxious or malodorous gas or substance capable of creating a public nuisance.
(13) Any waters or wastes if it appears likely, in the opinion of the water quality wastewater
superintendent, that such waste can harm either the sewers, treatment plant process or equipment,
would have an adverse effect on waters of the state or the United States, or could otherwise endanger
human or animal life, limb, public property or constitute a nuisance.
(d) The admission into the public sanitary sewers of any waters or wastes, having a five-day BOD greater than
400 mg/L, or containing more than 400 mg/L of suspended solids, or containing any quantity of substances
having the characteristics described in subsections (b) and (c) of this section, having an average daily flow
greater than two percent of the average daily sewage flow received at the sewage treatment plant, shall be
subject to the review and approval of the water quality wastewater superintendent. The water quality
wastewater superintendent may:
(1) Reject the wastes;
(2) Require control over the quantities and rates of discharge;
(3) Require payment to the city to cover the added cost of handling, treating and disposing of the wastes
not covered by sewer charges established under the provisions of subdivision IV of this division;
(4) Require pretreatment to an acceptable condition for discharge to the public sewers;
(5) Require any combination of the foregoing.
If the city manager permits the pretreatment or equalization of waste flows, the design, plans, specifications and
any other pertinent information relating to proposed equipment and facilities shall be submitted for the approval
of the city manager and the agency of natural resources and no construction of such facilities shall be commenced
until said approvals are obtained in writing. Further, such pretreatment facilities must be consistent with the
requirements of any state pretreatment permit issued to the industry.
(e) Grease, oil, and sand interceptors shall be provided when, in the opinion of the water quality wastewater
superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive
amounts, or any flammable wastes, sand, and or other harmful ingredients. Such interceptors shall not be
required for private living quarters. All interceptors shall be of a type and capacity approved by the water
quality wastewater superintendent, and shall be located as to be readily and easily accessible for cleaning
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and inspection. Such interceptors shall be inspected, cleaned and repaired regularly, as needed, by the user
ownerat their expense.
(f) The user shall maintain records (which are subject to review by the water quality wastewater
superintendent) of the dates and means of disposal of accumulated interceptor wastes. Any removal and
hauling of the collected materials not performed by the user's personnel must be performed by currently
licensed waste disposal firms.
(g) To facilitate compliance with this section, the user shall apply for a permit and furnish as part of the permit
application a plan and description of the device. Where grease, oil or sand interceptors or similar
appurtenances are involved, approval must be granted from both the water quality wastewater
superintendent and the public works director.
(h) Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and
extreme changes in temperature. They shall be of substantial construction and equipped with easily
removable covers which, when bolted in place, shall be gastight and watertight.
(i) Where installed, all grease, oil, hair, and sand interceptors shall be maintained by the owner, at his their
expense, in continuously efficient operation at all time. Materials collected shall not be introduced into the
public sewage system.
(j) Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be
maintained continuously in satisfactory and effective operation by the owner at his their expense.
(k) All industries discharging into a public sewer shall perform such monitoring of their discharges as the water
quality wastewater superintendent may reasonably require, including installation, use, and maintenance of
monitoring equipment, keeping records and reporting the results of such monitoring to the water quality
wastewater superintendent. Where industrial pretreatment permits are issued by the state, monitoring
records must also be submitted to the appropriate agency in accord with such permit. Such records shall be
made available upon request by the water quality wastewater superintendent to the state agency or to other
agencies having jurisdiction over discharges to the receiving waters. Records of any monitoring will be
supplied by the water quality wastewater superintendent to the state secretary of the agency of natural
resources on request.
(l) All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made
in this article shall be determined in accordance with the latest edition of Standard Methods for the
Examination of Water and Wastewater, published by the American Public Health Association, and shall be
determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the
event that no special manhole has been required, the control manhole shall be considered to be the nearest
downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling
shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage
works and to determine the existence of hazards to life, limb, and property. The particular analyses involved
will determine whether a 24-hour flow composite of all outfalls of a premises is appropriate or whether a
grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are
obtained from 24-hour proportioned composites of all outfalls whereas pH is determined from periodic grab
samples.
(m) Any industry held in violation of the provisions of this article may have its disposal authorization terminated.
(n) When required by the water quality wastewater superintendent, the owner of any property served by a
building sewer carrying industrial wastes shall install a suitably controlled manhole in the building sewer to
facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be
accessible and safely located and shall be constructed in accordance with plans approved by the water
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quality wastewater superintendent. The manhole shall be installed by the owner, at his their expense, and
shall be maintained by the owner so as to be safe and accessible at all times.
(o) Scavenger waste consists of septage, sludge or other forms of waste brought to the wastewater facility for
treatment and disposal. The waste must meet all the requirements of this division.
(1) The discharge of scavenger wastes at designated septage receiving areas at the city's wastewater
treatment facilities may be permitted. The discharge of scavenger wastes from sources outside of the
city may be permitted with approval of the water quality wastewater superintendent of the water
quality wastewater division.
(2) There will be a fee charged each time a load of scavenger waste is discharged at the city's wastewater
treatment facilities. Such fee will be determined by the city council and will be based upon the quantity
and quality of the discharged waste.
(p) No statement in this article shall be construed as preventing any special agreement or arrangement between
the city and any industrial concern whereby an industrial waste of unusual strength or character may be
accepted by the city for treatment, subject to payment therefor, by the industrial concern, provided that
such agreements do not contravene any requirements of existing federal laws and are compatible with any
user charge and industrial cost recovery system in effect.
(Ord. of 3-21-2005, art. II, § 4; Ord. of 10-17-2016(1), § 2.4)
Sec. 38-355. Protection from damage.
No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, or tamper with
any structure, appurtenance, or equipment which is a part of the public sanitary sewage system. In addition to
being a violation of this article, aAny person violating this provision mayshall also be subject to immediate arrest
under the charge of unlawful mischief as set forth in 13 V.S.A. § 3701.
(Ord. of 3-21-2005, art. II, § 5; Ord. of 10-17-2016(1), § 2.5)
State law reference(s)—Damaging property, 13 V.S.A. § 3701.
Secs. 38-356—38-370. Reserved.
Subdivision III. Capacity Allocation
Sec. 38-371. Ownership of capacity.
(a) The city owns and operates sewage treatment and disposal plants ("plants") and a sewage collection and
transmission system ("sewers"), as defined in 24 V.S.A. §§ 3501(6) and 3601. The plants have a permitted
capacity, and are operated in accordance with discharge permits issued by the state department of
environmental conservation under authority granted in 10 V.S.A. § 1250 et seq. The city is obligated by law
to comply with conditions of those permits, and to operate and manage the plants and sewers as
governmental functions under and pursuant to 24 V.S.A. §§ 3501 et seq. and 3601 et seq.
(b) The permitted capacity of the plants and sewers is the property of the city.
(Ord. of 3-21-2005, art. III, § 1; Ord. of 10-17-2016(1), § 3.1)
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Sec. 38-372. Reserve capacity allocation.
(a) Determination of amount of allocation. All allocations to projects shall be based on the development
wastewater flow, in accordance with Vermont Agency of Natural Resources Environmental Protection Rules
Wastewater System and Potable Water Supply Rules. Any differential between actual flows and development
wastewater flows that occurs is not available to the development owner for re-allotment to another project
or a project expansion.
(b) Application process. Persons seeking an allocation of uncommitted reserve capacity or City Center
uncommitted reserve capacity of the plants and sewers, shall apply to the water quality wastewater
superintendent for a preliminary allocation on a form prescribed by the water quality wastewater division.
(1) Such application shall:
a. Be accompanied by a calculation of the development wastewater flow to be generated by the
project/development;
b. Include calculations for the volume, flow rate, strength and any other characteristics determined
appropriate by the water quality wastewater superintendent;
(2) Unless waived by the water quality wastewater superintendent, all calculations required in subsections
(b)(1)a and b of this section for developments generating over 1,000 gallons per day shall be certified
by a state-registered engineer and be referenced in the most current Vermont Agency of Natural
Resources Environmental Protection Rules Wastewater System and Potable Water Supply Rules .
(Ord. of 3-21-2005, art. III, § 3; Ord. of 10-17-2016(1), § 3.3)
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City Center Sewer Service Area Map
Sec. 38-373. Preliminary allocation determination.
(a) A preliminary allocation determination is not required if the project is exclusively residential and needs an
allocation of less than 1,000 GPD.
(b) Upon receipt of the application for capacity allocation and supportive documents, the director of public
works or their designee shall make a preliminary determination regarding allocation of uncommitted reserve
capacity or City Center uncommitted reserve capacity. The director of public works, or their
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designeewastewater superintendent shall award a preliminary allocation upon making affirmative findings
that:
(1) The proposed wastewater is of domestic, sanitary origin or the proposed wastewater is not of
domestic, sanitary origin and that sufficient evidence has been presented by the applicant to
demonstrate that the flow and character of the wastewater is compatible with the proper operation of
the plants and sewers and that the proposed wastewater will not alone or in combination with other
wastes cause a violation of the discharge permit, pass through the plants without treatment, interfere
with or otherwise disrupt the proper quality and disposal of plant sludge or be injurious in any other
manner to the plant or sewers and that there is sufficient uncommitted reserve capacity to
accommodate the strength and volume of the proposed development;
(2) There is sufficient uncommitted reserve capacity or City Center uncommitted reserve capacity as of the
date of the application to accommodate the development wastewater flow of the proposed
development.
(bc) A preliminary determination by the director of public works allocating capacity shall not constitute a binding
commitment of capacity to the applicant and may be revoked by the director of public works before a final
allocation of capacity is granted if uncommitted reserve capacity ceases to be available. A preliminary
determination may be used by an applicant as evidence that a proposed development has sufficient sewer
capacity available.
(Ord. of 3-21-2005, art. III, § 4; Ord. of 10-17-2016(1), § 3.4)
Sec. 38-374. Final capacity allocation.
(a) An applicant who holds a preliminary allocation of capacity granted pursuant to section 38-373, or is not
required to obtain a preliminary pursuant to section 38-373(a) may apply for a final allocation upon
occurrence of the following:
(1) Obtained site plan, conditional use and/or variance approvals, if such approvals are the only approvals,
except a zoning permit, required for the proposed development under city zoning and subdivisionLand
Development rRegulations then in effect;
(2) Obtained final approval for a subdivision, PUD or PRD if such approvals are the only approvals, except a
zoning permit, required for the proposed development under city zoning and subdivisionLand
Development rRegulations then in effect;
(3) Obtained all approvals required under subsections (a)(1) and (2) of this section, if such approvals are
required for the proposed development under city zoning and subdivisionLand Development
rRegulations then in effect;
(4) Concurrently with Oobtaineding a zoning permit if that is the only approval required under city zoning
and subdivision rLand Development eRegulations then in effect; or
(5) Does not require any approvals under city zoning and subdivisionLand Development rRegulations then in
effect.
(b) Upon receipt of an application for final allocation, the director of public works, or their designee, shall grant
a final allocation upon determination that the applicant has a preliminary allocation which has not been
revoked and that sufficient uncommitted reserve capacity is available for the development, or that the
applicant was not required to obtain a preliminary allocation pursuant to section 38-373(a).
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(c) A grant of final allocation shall constitute a binding commitment of sewer capacity to the applicant subject to
applicant's compliance with all conditions imposed on such allocation.
(Ord. of 3-21-2005, art. III, § 5; Ord. of 10-17-2016(1), § 3.5)
Sec. 38-375. Final allocation conditions.
(a) A final allocation shall specify the allowed volume, flow rate, strength frequency and any other
characteristics of the proposed discharge determined appropriate by the director of public works, or their
designee.
(b) The capacity allocation is not transferable to any other person or development, except a successor in interest
of the development for which the allocation has been granted. Allocations run with the land and not with the
business or property owner.
(c) If a lot, building or space has been abandoned for (3) years or more or if the principal structures have been
demolished without issuance of a new permit, the existing allocation shall expire.
(cd) The construction of the connection and, if necessary, the municipal sewer extension must be overseen to
assure compliance with the plans and specifications and good construction practice in a manner acceptable
to the city.
((de) A final capacity allocation shall expire on the first of the following events to occur, unless, prior to such date,
the development for which the allocation has been granted has commenced discharging into the sewer:
(1) The date that any approval required for grant of the final allocation, as identified in section 38-374,
expires, unless prior to such date the applicant has applied for any required zoning permits to construct
the development;
(2) The date that any zoning permit authorizing construction of improvements for which the allocation has
been granted expires;
(3) Ten years from the date the final allocation is granted, for any development that requires any approval
under the city zoning or subdivision regulations, or two years from the date the final allocation is
granted, for any development that does not require approval under the city zoning or subdivision
regulations.
(ef) (1) An applicant for development involving a single use or unit shall pay 100 percent of all allocation
connection fees prior to grant of a final allocation. If the development involves multiple uses and/or units
that will connect to the sewer, the applicant shall pay 50 percent of all allocation connection fees prior to
grant of final allocation and the remaining 50 percent will be prorated based on the development flow for
each use or unit. The prorated payment for a use or unit shall be payable upon issuance of a zoning permit
for construction of improvements for the use or unit. If the development is an affordable housing project,
100 percent of all connection fees will be prorated based on the number of uses and/or units. The prorated
portion for a use or unit shall be payable upon issuance of a zoning permit for construction of improvements
for the use or unit. If the development does not require issuance of a zoning permit, the applicant shall pay
100 percent of all connection allocation fees prior to grant of a final allocation.
(2g) Payment of connection allocation fees may be paid after the issuance of any permits under the zoning
regulations of the city for construction and development but prior to the issuance of a certificate of
occupancy provided the following two criteria are met:
a(1). The project is for the development of housing that is no less than 50 percent of the dwelling units
perpetually affordable, with "affordable" being defined by the city's land development
regulations; and
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b(2). The city has made some a prior financial contribution to the development in the form of a grant
from the city's general or housing trust fund or by means of a state community development
fund/community development block grant or other such state or federal grants or loans in which
the city is a transactional party.
(Ord. of 3-21-2005, art. III, § 6; Ord. of 10-17-2016(1), § 3.6; Ord. of 12-5-2022, § 3.6)
Secs. 38-376—38-393. Reserved.
Subdivision IV. Sewage Disposal Charges, Time of Payment Thereof, and Penalties for
Nonpayment
Sec. 38-394. Operation and maintenance.
An annual charge, which shall be determined by the city council, is hereby imposed upon every person
having a building or structure on their premises and who are served by the municipal public sewage system where
sewage may be collected for the use of the premises by the owners, or other users of real property within the city.
The annual charge shall be for the purpose of the payment associated with the costs of operating, maintaining and
repairing said system. The city council may establish annual charges separately for bond payments, for fixed
operating and maintenance costs not dependent on actual or estimated use and for variable operations and
maintenance costs dependent on actual or estimated use. The charges and/or connector fees shall be set by
resolution of the city council.
(Ord. of 3-21-2005, art. IV, § 1; Ord. of 10-17-2016(1), § 4.1)
Sec. 38-395. Sewer use rates, applicability.
The sewer use rates established in section 38-394 and defined hereinafter shall be charged whether or not
the property is occupied, when the property is connected to the public sewage system by the necessary building
sewer as required under the terms of this article. The rate structure shall incorporate the requirements of 40 CFR
35.935-13 or 35.2140, as applicable.
(Ord. of 3-21-2005, art. IV, § 2; Ord. of 10-17-2016(1), § 4.2)
Sec. 38-396. Annual charges, basis.
(a) The annual charges stipulated in section 38-394 shall be based upon a base rate plus a water meter
measurement. The city council will determine the actual charge from measurements of each user so as to
yield charges which are approximately in proportion to the strength and quantity of waste discharged. If the
city council establishes annual charges separately for bond repayment and fixed operations and maintenance
costs,. Nno user will be billed less than the average single-family charge for the fixed charges, plus flow-
related charges.
(b) All buildings connected to the city owned wastewater system, including those that are connected to an
individual well system or private water distribution system, shall be required to have city owned meters
installed on the internal plumbing system per department requirements unless deemed prohibitive or
infeasible by the Director of Public Works, or their designee. Customers that are not connected to the city
water distribution system shall not be charged water usage fees while connected to an individual well system
or private water distribution system.
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(c) For residential properties, when installation of a water meter is deemed prohibitive or infeasible, annual
sanitary sewer charges shall be established on a per bedroom rate, where the first bedroom will be charged
the minimum fee and each additional room will be charged 75% of the minimum fee, plus the base rate.
(Ord. of 3-21-2005, art. IV, § 3; Ord. of 10-17-2016(1), § 4.3)
Sec. 38-397. Capital costs.
The design, construction and development costs of all public sewage system expansions and extensions
which have been approved by the development review board shall be borne by the developers and property
owners requiring, requesting or directly benefitting from such extensions and/or expansions, unless an alternative
funding method is approved by the city council.
(Ord. of 3-21-2005, art. IV, § 4; Ord. of 10-17-2016(1), § 4.4)
Sec. 38-398. Collection.
Collection of the delinquent sewer use rates may be enforced by the city pursuant to 24 V.S.A. ch. 129, and
24 V.S.A. §§ 3612 3614 and 36165. In the event any sewer rent is not paid within 30 days from the billing date, a
late penalty charge will be added to the sewer rent together with interest charges. The amount of the late penalty
charge and the interest rate on the overdue accounts shall be the same as those applied to delinquent taxes. If
such payment is not made, such sewer rent shall be a lien upon such real estate and shall be collected according to
the procedures allowed for in 24 V.S.A. §§ 3504 and 36142. Any payment made to the city for utility fees shall first
be allocated to delinquent water, then delinquent sewer, then delinquent stormwater fees. The remaining amount
of the payment shall first be allocated to current water, then current sewer, then current stormwater fees.
(Ord. of 3-21-2005, art. IV, § 5; Ord. of 10-17-2016(1), § 4.5)
Sec. 38-399. Sinking fund/set-asides for major expenditures.
The following provides for and restricts the use of set-aside (sinking) funds to finance future major
maintenance/replacement costs and plant expansion costs:
(1) A separate sinking fund may be utilized for major maintenance/replacement expenditures and for
expansion/upgrading expenses associated with the wastewater facilitiesy in the city. Sinking fund
establishment for maintenance/replacement expenditures shall be through written policy of the city.
Any sinking fund policy shall contain at least the following in writing: major maintenance/replacement
identification, estimated expenditures, estimated, year of expenditure, payment amount, type of
account used to accumulate sinking fund assets, source of funding and when payments are to stop. All
sinking funds shall be established and maintained in accordance with 24 V.S.A. § 36176.
(2) The city reserves the right to increase, decrease, stop and/or maintain regular deposits to a sinking
fund not exceeding 15 percent of the normal total budgeted expenses for maintenance/replacement in
that year. The fees charged for expansion cost shall be deposited into a separate account and a record
shall be kept to show payment date, person making payment and payment amount. The city council
holding office has the authority to withdraw sinking fund amounts only for the purpose of paying for
major expenditures/plant expansion for which the fund was established.
(3) Sinking fund assets are not disbursed fully for major maintenance/replacement expenditures and/or
plant expansion; excess money shall remain in the sinking fund for future related expenditures similar
in nature. Revenues established for plant expansion dedicated funds may be generated from
connection/impact fees paid by prospective users to defray and pay expansion costs. This fund shall
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not exceed the estimated future expansion cost for the wastewater treatment facility. When the city so
votes, the expansion/upgrade sinking fund may be used to finance major maintenance/replacement
expenditures, but under no circumstances shall the major maintenance replacement sinking fund be
used to finance wastewater expansion/upgrade expenses.
(Ord. of 3-21-2005, art. IV, § 6; Ord. of 10-17-2016(1), § 4.6)
Secs. 38-400—38-425. Reserved.
DIVISION 4. INSPECTION AND ENFORCEMENT
Sec. 38-571. Power and authority of inspectors.
(a) Any authorized person bearing proper credentials and identification shall be permitted to enter all properties
subject to regulation under this article for the purposes of inspection, observation, measurement, sampling,
and testing in accordance with the provisions of this article. Authorized persons shall have the right to set up
such devices as are necessary to conduct monitoring and/or sampling of any regulated discharge from the
property. Authorized persons may also examine and copy records required to be kept under any permit
subject to this article. Authorized persons shall have no authority to inquire into any processes including
metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct
bearing on the kind and source of discharge to the public sanitary system.
(b) Any authorized person bearing proper credentials and identification shall be permitted to enter all private
properties through which the city holds an easement for the purposes of, but not limited to, inspection,
observation, measurement, sampling, repair, and maintenance or any portion of the public sewage system
lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full
accordance with the terms of the easement pertaining to the private property involved.
(c) If a property owner has security measures in force which require proper identification and clearance before
entry onto the property, the owner shall make the necessary arrangements to allow access to any authorized
person.
(d) Any temporary or permanent obstruction to safe and easy access to any property to be inspected and/or
sampled shall be promptly removed by the property owner at the written or oral request of any authorized
person and shall not be replaced. The costs of clearing such access shall be borne by the property owner.
(e) Causing an unreasonable delay in allowing an authorized person access to a property subject to regulation
under this article is a violation of this article.
(f) If an authorized person is refused access to any part of the property containing facilities, records or
discharges subject to regulation under this article, and if the authorized person is able to demonstrate
probable cause to believe that there may be a violation of this article, or that there is a need to inspect
and/or sample as part of a routine inspection and sampling program designed to verify compliance with this
article or any order issued hereunder, or to protect the overall public health, safety, and welfare of the
community, then the authorized person may seek issuance of a search warrant from any court of competent
jurisdiction.
(g) While performing the necessary work on private properties referred to in this section, authorized persons
shall observe all safety rules applicable to the premises established by the property owner and the property
owner shall be held harmless for injury or death to the city employees and the city shall indemnify the
property owner against loss or damage to its property for personal injury or property damage asserted
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against the property owner and growing out of the gauging and sampling operation, except as may be
caused by negligence or failure of the property owner to maintain safe conditions as required by law.
(Ord. of 3-21-2005, art. VII, § 1; Ord. of 10-17-2016(1), § 8.1; Ord. of 12-5-2022, § 9.1)
Sec. 38-572. Administrative enforcement.
(a) Any condition caused or permitted to exist in violation of any of the provisions of this article is a threat to
public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or
restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of
such nuisance may be taken.
(b) Any person found to be violating any provision of this article shall be served by the city with written notice
stating the nature of the violation and providing a reasonable time limit for the satisfactory correction
thereof. Such notice may require, without limitation:
(1) The performance of monitoring, analyses, and reporting;
(2) The elimination of illicit discharges;
(3) The cessation of improper practices and operations and implementation of proper practices and
operations;
(4) The abatement or remediation of any contamination of the public sewer system and waters of the
state or the United States and restoration of any property impacted by such contamination;
(5) Establishment of time limits for the completion of all required work;
(6) Payment of a fine; and
(7) State that the notice may be appealed in the manner set forth in subsection (g) of this section.
(c) The city has the right to require a property owner found to be in violation of this article to install monitoring
equipment and maintain such equipment in proper operating condition, including proper calibration, all at
the property owner's expense.
(d) If a violation has not been corrected pursuant to the requirements set forth in the notice of violation, the city
or persons retained by the city may enter upon the subject property to take any and all measures necessary
to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or
person in possession of any premises to refuse to allow the city or designated persons to enter upon the
premises for the purposes set forth above.
(e) Within 30 days after abatement of the violation, the owner of the property will be notified of the cost of
abatement, including administrative costs. The property owner may file a written protest objecting to the
amount of the assessment within 15 days. If the amount due is not paid within a timely manner as
determined by the decision of the city manager or the city manager's designee, or by the expiration of the
time in which to file an appeal, the charges shall constitute a lien on the property for the amount of the
assessment and shall bear interest at the rate of one percent per month, or portion thereof.
(f) The city manager may, without prior notice, suspend sewer system discharge access to a person when such
suspension is necessary to stop an actual or threatened discharge which presents or may present imminent
and substantial danger to the environment, or to the health or welfare of persons, or to the sewer system or
waters of the state or the United States. If the violator fails to comply with a suspension order issued in an
emergency, the city manager may take such steps as deemed necessary to prevent or minimize damage to
the sewer system or waters of the state or United States, or to minimize danger to persons.
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(g) Any person discharging to the sewer system in violation of this article may have their sewer system access
terminated if such termination would abate or reduce an illicit discharge. The city manager will notify a
violator of the proposed termination of its sewer system access. The violator may appeal the city manager's
determination to the city council by filing a written notice of appeal with the city manager within ten
business days of the city manager's decision. The city council shall review such appeal at a meeting of the
council preceded by 15 calendar days' written notice of the meeting date to the violator. Following the
meeting, the council shall issue its decision on the appeal in writing, which decision shall be final.
(h) A person commits an offense if the person reinstates sewer system access to premises terminated pursuant
to subsection (g) of this section, without the prior approval of the city manager.
(Ord. of 3-21-2005, art. VII, § 2; Ord. of 10-17-2016(1), § 8.2; Ord. of 12-5-2022, § 9.2)
Sec. 38-573. Judicial enforcement.
(a) The ordinance from which this article is derived shall constitute a civil ordinance within the meaning of 24
V.S.A. ch. 59.
(b) Any person who violates a provision of this article or who violates any condition of a permit issued
hereunder shall be subject to a violation which shall be punishable as a civil violation pursuant to section 1-
14. Each day the violation continues shall constitute a separate violation.
(c) Any law enforcement officer or the director of public works, city engineer, deputy director of public works, or
water quality superintendent may act as an issuing municipal official and issue and pursue before the judicial
bureau a municipal complaint for any violation of any provision of this article.
(d) In addition to the enforcement procedures available before the judicial bureau, the city manager is
authorized to commence a civil action to obtain injunctive and other appropriate relief, or to pursue any
other remedy authorized by law. Nothing herein shall be construed to limit other rights, remedies or
penalties available by law.
(Ord. of 3-21-2005, art. VII, § 3; Ord. of 10-17-2016(1), § 8.3; Ord. of 12-5-2022, § 9.3)
State law reference(s)—Judicial bureau, 4 V.S.A. § 1102 et seq.; complaint signed by the issuing municipal official
for civil ordinance violation, 24 V.S.A. § 1977.
Sec. 38-574. Waiver fee.
An issuing municipal official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following
amounts, for any person who declines to contest a municipal complaint and pays the waiver fee:
Waiver Fees - Sanitary Sewer System
Inspection and Enforcement
First offense $100.00
Second offense $250.00
Third offense $400.00
Fourth offense $550.00
Fifth and subsequent offenses $700.00
(Ord. of 3-21-2005, art. VII, § 4; Ord. of 10-17-2016(1), § 8.4; Ord. of 12-5-2022, § 9.4)
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aARTICLE IV. SANITARY SEWER AND STORMWATER SYSTEMS1
****
DIVISION 31. STORMWATER SYSTEMGENERALLY
Subdivision I. In General
Sec. 38-426. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them
in this section, except where the context clearly indicates a different meaning:
Authorized person means the city manager, director of public works, water resources engineer, stormwater
superintendent and such other persons as they specifically appoint or authorize to perform duties for the
stormwater division.
Best management practices (BMPs) means schedules of activities, prohibitions of practices, general good
housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other
management practices to prevent or reduce the discharge of pollutants directly or indirectly to the stormwater
system or waters of the state or the United States. BMPs also include treatment practices, operating procedures,
and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials
storage.
Building drain means that part of the lowest horizontal piping of a drainage system which receives the
discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building
sewer. The building drain extends five feet beyond the outer face of the building wall.
City manager means the city manager, or their authorized deputy, agent, or representative.
Combined sewer means a sewer receiving both stormwater runoff and sewage.
Construction activity means activities, including, but not limited to, clearing and grubbing, grading,
excavating, and demolition.
Credit means an ongoing reduction in the stormwater user fee for certain identified and approved qualifying
and ongoing private actions or activities that reduces the potential impact of increased stormwater discharges that
result from development of a property.
Department of public works stormwater division means that city division responsible for construction,
operation and maintenance of the public stormwater system.
Developed property means any property that is altered from a natural state by construction or installation of
more than 500 square feet of impervious surface.
1Charter reference(s)—Authority to purchase property for providing sanitary sewer service, § 13-103.
State law reference(s)—Water mains and sewers, 24 V.S.A. § 3401 et seq.; sewage system, 24 V.S.A. § 32501 et
seq.; sewage disposal system, 24 V.S.A. § 3601 et seq.; on-site sewage system, 24 V.S.A. § 3631 et seq.;
uniform water and sewer disconnect, 24 V.S.A. § 5141 et seq.
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Developer means any individual, corporation, association, or other organization engaged in land
development or building construction.
Discharge permit means a permit issued by the state department of environmental conservation pursuant to
authority granted in 10 V.S.A. ch. 47, or the U.S. Environmental Protection Agency pursuant to 33 USC 1251 et seq.
Exclusively residential means land development in the city comprised of properties containing solely
residential uses and permitted accessory uses, such as single-family, two-family and multi-family dwelling units.
Land development with commercial, industrial or other nonresidential uses is excluded.
Garbage means solid wastes from the domestic and commercial preparation, cooking, and dispensing of
food, and from the handling, storage, and sale of produce.
Hazardous material means any material, including any substance, waste, or combination thereof, which,
because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or
significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the
environment when improperly treated, stored, transported, disposed of, or otherwise managed.
Illicit discharge means any direct or indirect discharge to the stormwater system that is not expressly
authorized by this ordinance.
Impervious surface means those man-made surfaces, including, but not limited to, paved and unpaved roads,
parking areas, roofs, driveways, sidewalks, walkways, compacted gravel and soil surfaces, storage areas, and
awnings and other permanent fabric or plastic coverings, from which precipitation runs off rather than infiltrates.
Industrial activity means activities subject to NPDES industrial permits as defined in 40 CFR 122.26(b)(14).
Industrial wastes means the liquid wastes from an industrial manufacturing process, trade, or business. The
term "industrial wastes" does not include sanitary sewage.
MS4 permit means the state agency of natural resources' general permit 3-9014, as amended or reissued,
pursuant to which the city obtained coverage for stormwater discharges from its municipal separate storm sewer
system.
National Pollutant Discharge Elimination System (NPDES) stormwater discharge permit means a permit
issued by EPA (or by a state under authority delegated pursuant to 33 USC 1342(b)) that authorizes the discharge
of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general
area-wide basis.
Natural outlet means any outlet into a watercourse, pond, ditch, lake, or other body of surface water or
groundwater.
Non-single-family residence (NSFR) means all types of developed property in the city except single-family
residences.
Non-stormwater discharge means any discharge to the stormwater system that is not composed entirely of
stormwater or such other waters or materials as are specifically authorized herein. The term "non-stormwater
discharge" includes placing or depositing any hazardous material or pollutant in the stormwater system.
Pollutant means any introduced substance which causes or contributes to pollution. Pollutants may include,
but are not limited to, paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and
solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles,
and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and
fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate
metals; heat; rock, sand, cellar dirt, dredged spoil; animal wastes; wastes and residues that result from
constructing a building or structure; and noxious or offensive matter of any kind.
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Public stormwater system means all elements of the stormwater system located in the city that are
controlled and operated by the city or that carry water that drains from any public property, including street
rights-of-way.
Regulated private system means those stormwater systems located on privately owned property in the city
that are subject to or required to obtain a permit for stormwater discharges under federal or state law, which
permits routinely require installation and maintenance of stormwater management or treatment improvements.
Sewage means the used water supply of the city, including a combination of the water-carried wastes from
residences, business buildings, institutions, and industrial establishments, as well as ground, surface and
stormwater as may or may not be mixed with these liquid wastes from the city.
Sewage system and stormwater commissioners (or commissioners or board) means members of the city
council acting as a board of sewage system and stormwater commissioners under 24 V.S.A. Chapter 101.§ 3614.
Sewer means a pipe, culvert, ditch, swale or other conduit for carrying sewage or stormwater.
Single-family residence (SFR) means detached single-family homes, duplexes, and triplexes.
Storm drain means a sewer intended to carry only stormwater and surface waters.
Stormwater means excess water from rainfall and snow melt that does not evaporate or penetrate into the
ground, which flows overland and is collected and transported to waters of the state or the United States by the
stormwater system, together with any material that becomes dissolved or suspended in such water during its
overland flow before entering the stormwater system.
Stormwater appeal board means the city manager, public works director, and a third person appointed by
the city council.
Stormwater discharge means any stormwater that is transported, naturally or otherwise, from a developed
property to the public stormwater system or to a watercourse.
Stormwater services division means that city division within the department of public works responsible for
construction, operation and maintenance of the public stormwater system.
Stormwater superintendent means that employee of the city who shall be designated from time to time by
the city manager to oversee the stormwater services division.
Stormwater system means natural and man-made drainage structures, conveyances, storm drains, catch
basins, and any other appurtenant device or structure where stormwater is collected, transported, pumped,
treated, or disposed of.
Stormwater upgrade feasibility analysis (SUFA) means those standards and procedures, as adopted and
amended by city council, defining the processes of engineering feasibility analysis for upgrade, repair and
maintenance of stormwater systems in the city, which shall be incorporated by reference herein.
Subdivision as defined by the City’s Land Development Regulations. me ans a tract of land, owned or
controlled by a person, which has been partitioned or is intended to be divided for the purpose of sale or lease into
two or more lots. The dividing of a parcel of land by sale, gift, lease, mortgage foreclosure, court-ordered partition
or filing of a plot plan on the city records where the act of division creates one or more parcels of land of less than
ten acres in area, but excluding leases subject to the provisions of 10 V.S.A. ch. 153, relating to mobile homes.
Subdivision shall be deemed to have occurred on the conveyance of the first lot or the filing of a plot plan on the
city records, whichever shall first occur; or the commencement of building development with intent to subdivide,
such that the building development will be located upon a parcel of land less than ten acres in size.
Suspended solids means solids that either float on the surface of, or are in suspension in, water, sewage, or
other liquids, and which are removable by laboratory filtering or use of BMPs.
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Watercourse means a channel in which a flow of water occurs, either continuously or intermittently.
(Ord. of 3-21-2005, art. I, § 1, art. III, § 2; Ord. of 10-17-2016(1), § 1.1; Ord. of 12-5-2022, § 1.1)
Sec. 38-427. Abbreviations.
For the purpose of this article, the following abbreviations shall have the meaning ascribed to them under
this section. References to standards of the following organizations shall refer to the latest edition of it.
VSMM means the Vermont Stormwater Management Manual, as amended from time to time by the state
agency of natural resources, which shall be incorporated by reference herein.
(Ord. of 3-21-2005, art. I, § 2; Ord. of 10-17-2016(1), § 1.2; Ord. of 12-5-2022, § 1.2)
Sec. 38-4286. Introduction.
(a) In March 2005, the city council established the South Burlington Stormwater Utility. The basic purpose of the
utility is to administer the city's stormwater management program, including stormwater infrastructure
maintenance and repair, permitting, and capital improvements. The utility is a division of the city's
department of public works.
(b) The utility provides a stable and adequate source of revenue for the city's stormwater management program
that allocates the costs of stormwater services across every stormwater "user" in the city through a
stormwater utility fee (or user fee). Impervious surface area on individual properties is the basis for the fee
charged to property owners in the city. The stormwater fee that a property owner pays is directly
proportional to the impervious surface found on the property.
(c) The city stormwater utility offers credits against the stormwater fee for stormwater service customers who
undertake specific, approved actions that reduce the impact of stormwater runoff on the public stormwater
system, or provide an ongoing public benefit related to stormwater management. A credit is an ongoing
reduction in the fee. This manual details the policies and procedures for stormwater utility credits.
(d) Three different stormwater fee credits are offered by the stormwater utility to non-single-family residential
properties. Individual single-family residential properties are not eligible to receive credits. To qualify for any
of the user fee credits, the stormwater utility customer must completely fill out a credit application form and
submit it to the stormwater superintendent. The application will be evaluated to determine the amount of
credit that an individual parcel will be given. Eligibility for user fee credits is independent of the state
stormwater permitting process. Property both with and without valid state stormwater permits are equally
eligible for user fee credits. These credits are discussed in this division.
(Ord. of 3-21-2005, art. V, § 1; Ord. of 10-5-2015(1), § 1)
Sec. 38-42897. Purpose.
The purpose of this division is to provide for the health, safety, and general welfare of the citizens of the city
through the regulation of stormwater discharges to the stormwater system.
(Ord. of 10-17-2016(1), § 5.1)
Sec. 38-4293028. Applicability.
Any discharge of stormwater from developed property in the city shall be subject to the provisions of this
division.
(Ord. of 3-21-2005, art. V, § 2; Ord. of 10-17-2016(1), § 5.2)
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Sec. 38-430129. Required approvals.
(a) No owner of developed property in the city shall change or alter, or allow to be changed or altered, the
discharge of stormwater from such property occurring on the effective date of the ordinance from which this
article is derived without first obtaining any permit or approval required under this article or any other city
ordinance, state law, or federal law. As used herein, the term "change or alter" shall mean an act done which
will result in a direct or indirect impact on the contribution of stormwater into the public stormwater system.
(b) No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any
public storm drain or appurtenance thereof without first obtaining a written permit from the stormwater
superintendentDirector of Public Works or their designee. The owner shall indemnify the city for any loss or
damage directly or indirectly occasioned by the construction or installation of the private drain or storm
sewer system, including damages from backflow from the municipal storm sewer system.
(Ord. of 3-21-2005, art. V, § 3; Ord. of 10-17-2016(1), § 5.3; Ord. of 12-5-2022, § 5.3)
Sec. 38-43120. Compliance with existing permits.
It shall be a violation of this division for any owner of developed property that is subject to any local, state, or
federal permit requirements regarding the discharge of stormwater to fail to comply with such permit
requirements.
(Ord. of 3-21-2005, art. V, § 4; Ord. of 10-17-2016(1), § 5.4)
Sec. 38-43231. Use of the public stormwater system.
(a) The following may be discharged into the public stormwater system, subject to obtaining and complying with
any required permit:
(1) Stormwater;
(2) Water line flushings; landscape irrigation or lawn watering, provided all pesticides, herbicides, and
fertilizers have been applied in accordance with the approved labeling; diverted stream flows; rising
groundwater; uncontaminated groundwater; uncontaminated pumped groundwater; discharges from
potable water sources; foundation or footing drains where flows are not contaminated with process
materials, and to which there are no floor drain, septic wastewater, or grey water connection;
uncontaminated condensate from air conditioners, coolers/chillers, and other compressors and from
the outside storage of refrigerated gasses or liquids; uncontaminated water from crawl spaces;
irrigation water; spring water; flows from riparian habitats or wetlands; swimming pools (if
dechlorinated, typically less than one ppm chlorine); discharges from emergency/unplanned
firefighting activities; fire hydrant flushing; pavement and external building wash waters to which no
detergents or other chemicals have been added; incidental windblown mists; and any other water
source not containing pollutants;
(3) Discharges specified in writing by the authorized enforcement agent as being necessary to protect
public health and safety;
(4) Dye testing is an allowable discharge, but requires a verbal notification to the authorized enforcement
agent prior to the time of the test;
(5) Any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order
issued to the discharger and administered under the authority of the United States Environmental
Protection Agency, provided that the discharger is in full compliance with all requirements of the
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permit, waiver, or order and other applicable laws and regulations, and provided that written approval
has been granted for any discharge to the storm drain system.
(b) It shall be a violation of this article for any person to cause or allow to occur any illicit discharge to the public
stormwater system or allow any illicit discharge existing on the effective date of the ordinance from which
this article is derived to continue regardless of whether such existing discharge was permissible under law or
practices applicable or prevailing at the time the discharge commenced.
(Ord. of 3-21-2005, art. V, § 5; Ord. of 10-17-2016(1), § 5.5; Ord. of 12-5-2022, § 5.5)
Sec. 38-43342. Best management practices.
(a) The stormwater superintendent will adopt requirements identifying best management practices for any
activity, operation, or facility which may cause or contribute to an illicit discharge to the stormwater system.
The owner or operator of a commercial or industrial establishment shall provide, at their own expense,
reasonable protection from an accidental illicit discharge into the public stormwater system. Further, any
person responsible for a property or premises, which is, or may be, the source of an illicit discharge to the
public stormwater system, may be required to implement, at said person's expense, additional BMPs to
prevent or discontinue the illicit discharge. Compliance with all terms and conditions of a valid NPDES permit
authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be
deemed in compliance with the provisions of this section.
(b) Every person owning property through which a watercourse passes, or such person's lessee, shall keep and
maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and
other obstacles that would pollute, contaminate, or significantly retard the flow of water through the
watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or
adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical
integrity of the watercourse.
(c) Notwithstanding other requirements of law, as soon as any person is responsible for a facility or operation,
or is responsible for emergency response for a facility or operation, has information of any known or
suspected release of materials which are resulting or may result in an illicit discharge into the stormwater
system, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such
release. In the event of a release of hazardous materials, said person shall immediately notify emergency
response agencies of the occurrence via emergency dispatch services. In the event of a release of non-
hazardous materials, said person shall notify the stormwater superintendent in person or by phone or
facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by
written notice addressed and mailed to the stormwater superintendent within three business days of the
phone notice. If the illicit discharge emanates from a commercial or industrial establishment, the owner or
operator of such establishment shall also retain an on-site written record of the discharge and the actions
taken to prevent its recurrence. Such records shall be retained for at least three years.
(Ord. of 3-21-2005, art. V, § 6; Ord. of 10-17-2016(1), § 5.6)
Sec. 38-43453. Protection from damage.
No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, or tamper with
any structure, appurtenance, or equipment which is a part of the public stormwater system.
(Ord. of 3-21-2005, art. V, § 7; Ord. of 10-17-2016(1), § 5.7)
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-436. Method for infiltration testing.
The following requirements apply to any required infiltration testing:
(1) Testing must be performed under the supervision of a qualified professional (i.e., registered engineer,
site designer licensed in the state, a qualified soil scientist, a qualified geologist, a qualified
hydrogeologist, or other person approved in advance by the stormwater superintendent).
(2) Infiltration test methods must assess the saturated hydraulic conductivity under "field-saturated"
conditions (see ASTM D5126-90 Standard Guide for Comparison of Field Methods for Determining
Hydraulic Conductivity in the Vadose Zone).
(3) Infiltration test locations shall correspond to the proposed stormwater treatment practice (STP)
locations, and infiltration tests must be conducted at a minimum depth of the bottom of the proposed
STP.
(4) Design infiltration rates shall be determined by using a factor of safety of 2 from the field-derived
value.
(5) Percolation tests are not acceptable in place of testing for saturated hydraulic conductivity, as they
overestimate saturated hydraulic conductivity values. Acceptable tests include:
a. Guelph permeameter - ASTM D5126-90 Method.
b. Falling head permeameter - ASTM D5126-90 Method.
c. Double ring permeameter or infiltrometer - ASTM D3385-09, D5093-152, D5126-90 Methods.
d. Amoozemeter or Amoozegar permeameter - Amoozegar 1992.
(6) The following information must be documented for any infiltration testing:
a. Date and time of testing.
b. Name and qualifications of the person conducting the testing.
c. Location of infiltration testing.
d. Method utilized during testing.
e. Results of infiltration testing in inches/hour.
(7) A qualified professional may establish seasonal high groundwater depth in test pits based on
redoximorphic features.
(8) Verify depth to bedrock (if within four feet of proposed STP bottom) via test pits or solid auger probes.
(Ord. of 10-5-2015(2), app. A; Ord. of 10-17-2016(2), app. A)
Secs. 38-43574—38-464. Reserved.
DIVISION 2. STORMWATER SYSTEM USER FEES
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Subdivision II. Stormwater System User Fees
Sec. 38-465. Establishment of stormwater user fees.
(a) A user fee based on an equivalent residential unit (ERU) shall be imposed on every owner of non-exempt
developed property within the city. An ERU shall equal that square footage that represents the median
average of the area of impervious surface for all single-family residences in the city. The city council shall, by
resolution, establish the square footage that constitutes one ERU on a periodic basis.
(b) The city council shall have the authority to set and modify the user fee rates so that the total revenue
generated by said charges, and any secondary sources of revenue, shall be sufficient to fund the city's
stormwater program.
(c) The city council shall establish by resolution the monthly rate for each ERU. The monthly user fee for a
specific property is determined by multiplying the rate per ERU times the number of ERUs allocated to the
property.
(Ord. of 3-21-2005, art. VI, § 1; Ord. of 10-17-2016(1), § 6.1; Ord. of 12-5-2022, § 6.1)
Sec. 38-466. User fee credits.
(a) The stormwater superintendent shall prepare for the city council's approval a stormwater user fee credit
manual, specifying the design and performance standards of on-site stormwater systems, facilities, activities
and services which qualify for application of a user fee credit and the method of calculating credits. The city
council shall have the authority to approve, modify and approve, or disapprove the credit manual.
(b) Following approval of a credit manual, the stormwater superintendent may, at the request of a property
owner, reduce the user fee established for any property by awarding a credit based on the policies and
conditions set forth in the manual. No credit shall exceed 50 percent of the applicable monthly user fee for a
given property. Any property owner may appeal the stormwater superintendent's determination regarding
an award of a credit by filing a written notice of appeal with the stormwater appeal board within ten
business days of the superintendent's decision. The stormwater appeal board shall review such appeal at a
meeting preceded by 15 calendar days written notice of the meeting date to the property owner. Following
the meeting, the stormwater appeal board shall issue its decision on the appeal in writing, which decision
shall be final.
(c) Credits shall be applied to user fees on the next billing period after the completed credit application is
approved.
(d) Any award of credit shall be conditioned on continuing compliance with the city's design and performance
standards as stated in the stormwater user fee credit manual and/or upon continuing provision of the
systems, facilities, services, and activities provided, operated, and maintained by the property owner upon
which the credit is based. The stormwater superintendent may revoke or reduce a credit at any time for
noncompliance by providing 30 days' written notice of a noncomplying condition and intent to revoke or
reduce the credit to the property owner. If the noncompliance is not cured within the 30-day period, the
stormwater superintendent shall eliminate the credit for user fee bills issued to the property owner after
such period. A property owner may appeal the stormwater superintendent's determination regarding credit
revocation or reduction in the same manner set forth in subsection (b) of this section.
(Ord. of 3-21-2005, art. VI, § 2; Ord. of 10-5-2015(1), § 3; Ord. of 10-17-2016(1), § 6.2)
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Sec. 38-467. Credit application and approval process.
(a) Credit applications must include hydrologic calculations and an associated narrative demonstrating the
stormwater treatment practice meets the technical criteria, design requirements and/or applicable
restrictions set forth as specified within the Vermont Stormwater Management Manual, as amended.
(b) Credit applications for non-structural practices must include site plans or other engineering documents that
demonstrate that the non-structural practices complies with the minimum criteria for credit set forth in the
Vermont Stormwater Management Manual, as amended.
(c) All engineering calculations and drawings shall be prepared, sealed and stamped by a professional engineer
registered in the state.
(d) Credit applications for new construction may be submitted to the city stormwater superintendent at any
time during the construction process. However, the credit will not be approved based on site plans alone.
The credit application requires that the STP must be constructed and working in proper operating condition.
Credit applications for new developments can occur as part of the normal development plan review
procedures. The completed credit application should accompany the final plat for the site.
(e) A right of entry or easement, as applicable, must be granted to the city in order for the city to review and
approve the credit application, and to perform occasional inspections. Right of entry is granted via the
applicant's or property owner's signature on the credit application.
(f) If all requirements and conditions of this section are met, the credit will be granted upon successful
completion of the credit application process and favorable on-site city inspection.
(Ord. of 10-5-2015(1), § 4)
Sec. 38-468. NPDES permit credit.
The city stormwater utility offers a credit to NSFR properties that, under federal requirements/law, perform
best management practices (BMPs) specifically intended to reduce the impacts of non-point source stormwater
runoff and/or provide an ongoing public benefit related to stormwater management. In order to be eligible for this
credit, a NSFR property owner must have a valid National Pollution Discharge Elimination System (NPDES) permit.
There are different types of NPDES permits that may be eligible for credit. More information on specific permits is
provided below:
(1) Municipal separate storm sewer systems (MS4) permits.
a. Credit will be available to NSFR properties that are required by the state to comply with general
permit 3-9014, as amended (also called the MS4 permit). The MS4 permit requires permittees to
develop, implement, and enforce a stormwater management program that is designed to reduce
the discharge of pollutants from the MS4 and satisfy applicable water quality requirements of the
Federal Clean Water Act. At the time of MS4 permit issuance or renewal regulated entities are
required to present the Vermont Department of Environmental Conservation (VTDEC) with a list
of best management practices (BMPs) that will be performed to comply with permit
requirements. The MS4 credit is offered in recognition of the permit compliance activities
performed by the MS4 permittee that may reduce impacts on non-point source stormwater
runoff and/or provide an ongoing public benefit related to stormwater management.
b. MS4 credit applicants must provide the following documents at the time that the credit
application is submitted, and annually thereafter:
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1. The MS4 permittee's most recent notice of intent (NOI) for coverage under state general
permit 3-9014. The NOI must be valid for the current permit period at the time the credit
application is submitted.
2. A copy of the MS4's most recent annual report.
(2) Multi-sector general permit (MSGP).
a. Credit will be available to property owners who must comply with state general permit 3-9003
(also called the MSGP). The MSGP requires industrial facilities to identify potential sources of
stormwater pollution, implement measures to reduce the risk of stormwater contamination, and
test stormwater discharges for sources of pollution. Compliance can be achieved by obtaining a
no exposure conditional exclusion or creating and implementing a stormwater pollution
prevention plan (SWPPP).
b. MSGP credit applicants must provide the documents listed below at the time that the credit
application is submitted, and annually thereafter:
1. The facility's most recent notice of intent (NOI) or notice of no exposure certification (NOX)
for coverage under the state general permit 3-9003. The NOI must be valid for the current
permit period at the time the credit application is submitted.
2. A copy of the MSGP facility's most recent annual report including the results of any
monitoring conducted in that year or a copy of the no exposure certification letter they
received from VTDEC.
3. All facilities will be required to pass an inspection conducted by the stormwater
superintendent. The purpose of the inspection is to ensure compliance with the terms of
the state general permit 3-9003 and ensure that all appropriate steps are being taken to
prevent stormwater pollution.
(3) Other NPDES permits.
a. NSFR properties that due to federal requirements have a valid NPDES permit and perform BMPs
specifically intended to reduce impacts on non-point source stormwater runoff and/or provide an
ongoing public benefit related to stormwater management may also be eligible to receive this
credit. A final determination regarding whether or not the terms of a particular NPDES permit
makes a NSFR property eligible for NPDES permit credit will be made by the stormwater
superintendent.
b. NPDES credit applicants must provide the documents listed below at the time that the credit
application is submitted, and annually thereafter:
1. A copy of the applicable federal regulation or permit that requires the entity to perform
stormwater related BMPs.
2. A detailed description of the BMPs that are performed by the eligible entity, including the
dates of BMP activities, persons involved, and BMP costs.
3. A copy of the most recent notice of intent (NOI) for coverage under NPDES permit. The NOI
must be valid for the current permit period at the time the credit application is submitted.
4. A copy of the most recent annual report for the NPDES permit.
5. Additional materials required as part of the application will be determined by the
stormwater superintendent.
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6. Facilities may be required to pass an inspection conducted by the stormwater
superintendent to ensure compliance with the terms of the NPDES permit and ensure all
appropriate steps are being taken to prevent stormwater pollution.
(4) Conditions and policies related to the NPDES permit credit.
a. In addition to the submission components specified above, applicants must complete the
stormwater utility's NPDES permit credit application form when first applying for NPDES permit
credit.
b. Those applying for credit must be in compliance with their NPDES permit requirements.
c. Properties owned by the city and/or operated/maintained by the city stormwater utility are not
eligible for the NPDES credit if the best management practices that are performed by the city or
the stormwater utility to comply with the NPDES permit are funded using revenue generated by
the utility.
d. Property owners or organizations can receive a ten percent reduction in the total stormwater fee
assessed to their property under the NPDES permit credit. If the entity owns multiple properties
located within the city stormwater utility service area and therefore receives multiple bills, the
ten percent credit will be applied to all properties that are subject to the NPDES permit qualifying
them for this credit. The total NPDES permit credit for any given property cannot exceed ten
percent, even if it is subject to multiple NPDES permits. The total credit given to any property
cannot exceed 50 percent of the stormwater fee for that property.
e. NPDES credits are assessed during the year after applicable permit or regulation compliance has
been achieved. Many NPDES permits are issued on a multi-year (typically five-year) cycle.
Therefore, proof of compliance in Year 1 (e.g., the MS4 permit annual report for Year 1) must be
submitted and approved by the stormwater superintendent in order for the entity to receive a
ten percent credit in Year 2.
f. Failure to provide copies of annual reports and current NOIs will result in loss of credit. If reports
are not received each year the applicant will be notified in writing. The applicant will be given a
15-day deadline in which to submit information. The credit will be revoked if information is not
received before the deadline. If a credit is revoked, the property owner will have to re-apply to
receive credit.
(Ord. of 10-5-2015(1), § 5)
Sec. 38-469. Education credit.
(a) The education credit is available to public and private schools that educate and inform their students about
the importance of local surface and groundwater resources and how they can be protected. The rationale
behind this credit is that the information provided by the school will translate into appreciation and
stewardship of water resources and thereby reduce negative impacts (such as pollutant impacts) on local
streams, ponds and lakes that can result from uninformed citizens.
(b) Policies specific to the water education credit are as follows:
(1) The water education credit is available to elementary, middle and high schools (both public and
private) located in the city.
(2) To be eligible for the credit, the school must teach coursework based on the Urban Stream Awareness
in the Lake Champlain Basin curriculum guide (targeted for high school students), or an equivalent,
age-appropriate, water resources-based curriculum approved by the stormwater superintendent.
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(3) For a curriculum to be eligible for credit, it must be self-sustaining and not require the continued
involvement of the stormwater superintendent.
(4) The stormwater superintendent will base their approval on the sufficiency of the educational program
to meet requirements stated in the NPDES phase II MS4 permit (permit 3-9014), section 4.2.1.1, as
follows:
"Develop elementary, middle school, or high school education curricula regarding local
stormwater concerns based on new or existing material; conduct teacher training … and in each
subsequent year maintain program information and hold at least one refresher teacher training
course."
(5) Approval of the credit application will result in a ten percent credit to the assessed stormwater fee. The
credit will be applied only to the school property where the curriculum is taught. The total credit given
to any property cannot exceed 50 percent of the stormwater fee for that property.
(6) Schools that are interested in obtaining the education credit must submit a completed application form
to the stormwater superintendent in the department of public works. The form will require a
description of the educational program, list of educational tools used, estimated number of students
that will/have receive the education, the length of the educational program and the schedule for
providing refresher teacher training courses.
(Ord. of 10-5-2015(1), § 6)
Sec. 38-46770. Establishment of ERUs.
(a) Each SFR shall be allocated one ERU.
(b) The ERUs allocated to NSFR properties, except city-owned roads, shall be determined in the following
manner:
(1) The amount of impervious surface on each parcel shall be divided by the gross area of the parcel
resulting in the percent of imperviousness for the parcel.
(2) Based on the percent imperviousness, a tier factor shall be determined, based on the following
categories:
Impervious Percentage Tier Factor
1 to 10.99% *See below
11 to 20.99% 0.15
21 to 30.99% 0.25
31 to 40.99% 0.35
41 to 50.99% 0.45
51 to 60.99% 0.55
61 to 70.99% 0.65
71 to 80.99% 0.75
81 to 90.99% 0.85
91 to 100% 0.95
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*Fee will be based on actual amount of impervious surface, measured in square feet. The
gross area of the parcel shall be multiplied by the tier factor, and then divided by the ERU.
The resulting value is rounded up to the nearest whole number which is the number of ERUs
for the property.
(c) The ERUs allocated to properties comprised solely of city-owned roadways shall be determined by dividing
two-thirds of the total impervious surface for the property by the ERU. The resulting value is then rounded
up to the nearest whole number which is the number of ERUs for the property.
(Ord. of 3-21-2005, art. VI, § 3; Ord. of 10-17-2016(1), § 6.3; Ord. of 12-5-2022, § 6.3)
Sec. 38-46871. Billing and collection.
(a) Stormwater user fees will be billed quarterly and shall be reflected on the water and sewer bills for each
property owner, where applicable. The bill shall also state the ERUs allocated to each property.
(b) A property owner may appeal an allocation of ERUs to the stormwater superintendent by submitting a
written notice of appeal to the stormwater superintendent within 15 calendar days of the mailing date of the
bill. The stormwater superintendent shall promptly meet with the property owner and issue a decision of the
allocation of ERUs. A property owner may appeal the stormwater superintendent's determination regarding
credit revocation in the same manner set forth in section 38-466(b). The filing of an appeal shall not relieve a
property owner of the obligation to pay the user fee when due.
(c) In the event any stormwater user fee is not paid within 30 days from the billing date, a late penalty charge
will be added to the fee together with interest charges. The amount of the late penalty charge and the
interest rate on the overdue accounts shall be the same as those applied to delinquent taxes. If such
payment is not made, such stormwater user fee shall be a lien upon such real estate and may be collected in
the manner provided in 24 V.S.A. §§ 3504 and 36142. Any payment made to the city for utility fees shall first
be allocated to delinquent water, then delinquent sewer, then delinquent stormwater fees. The remaining
amount of the payment shall first be allocated to current water, then current sewer, then current
stormwater fees.
(Ord. of 3-21-2005, art. VI, § 4; Ord. of 10-17-2016(1), § 6.4)
Sec. 38-46972. Expenditures.
(a) The user fees, as well as any secondary sources of revenue, shall be used to fund the city's efforts to manage
stormwater. Acceptable expenditures include, but are not limited to, capital construction, maintenance and
operations, engineering and planning, regulation and enforcement, water quality programs, special services,
administration and management, coverage requirements, reserve funds, staff or labor costs, vehicle and
equipment purchases and miscellaneous overhead costs.
(b) Excess revenues may be placed into a sinking fund, and may be retained and expended in the manner set
forth in section 38-470399.
(Ord. of 3-21-2005, art. VI, § 5; Ord. of 10-17-2016(1), § 6.5)
Sec. 38-470. Sinking fund/set-asides for major expenditures.
The following provides for and restricts the use of set-aside (sinking) funds to finance future major
maintenance/replacement costs and plant expansion costs:
(1) A separate sinking fund may be utilized for major maintenance/replacement expenditures and for
expansion/upgrading expenses associated with the wastewater facilities in the city. Sinking fund
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establishment for maintenance/replacement expenditures shall be through written policy of the city.
Any sinking fund policy shall contain at least the following in writing: major maintenance/replacement
identification, estimated expenditures, estimated, year of expenditure, payment amount, type of
account used to accumulate sinking fund assets, source of funding and when payments are to stop. All
sinking funds shall be established and maintained in accordance with 24 V.S.A. § 3617.
(2) The city reserves the right to increase, decrease, stop and/or maintain regular deposits to a sinking
fund not exceeding 15 percent of the normal total budgeted expenses for maintenance/replacement in
that year. The fees charged for expansion cost shall be deposited into a separate account and a record
shall be kept to show payment date, person making payment and payment amount. The city council
holding office has the authority to withdraw sinking fund amounts only for the purpose of paying for
major expenditures/plant expansion for which the fund was established.
(3) Sinking fund assets are not disbursed fully for major maintenance/replacement expenditures and/or
plant expansion; excess money shall remain in the sinking fund for future related expenditures similar
in nature. Revenues established for plant expansion dedicated funds may be generated from
connection/impact fees paid by prospective users to defray and pay expansion costs. This fund shall
not exceed the estimated future expansion cost for the wastewater treatment facility. When the city so
votes, the expansion/upgrade sinking fund may be used to finance major maintenance/replacement
expenditures, but under no circumstances shall the major maintenance replacement sinking fund be
used to finance wastewater expansion/upgrade expenses.
(Ord. of 3-21-2005, art. IV, § 6; Ord. of 10-17-2016(1), § 4.6)
Secs. 38-4713—38-497. Reserved.
DIVISION 3. ACCEPTANCE OR INSPECTION OF REGULATED PRIVATE SYSTEMS
Subdivision III. Acceptance or Inspection of Regulated Private Systems
Sec. 38-498. Exclusively residential regulated private systems.
(a) Subject to the terms and conditions of this article, the city may accept conveyance of and assume
responsibility for regulated private systems that serve exclusively residential development in the city,
provided the owner of such regulated private system meets the following conditions:
(1) The regulated private system shall comply with the VSMM and divisionsubdivision V of this
articledivision.
(2) Regulated private systems shall satisfy the goals outlined in any agency of natural resources-approved
plan for the city to meet MS4 permit requirements (e.g., flow restoration plan, phosphorus control
plan, etc).
(3) The superintendent determines that allowing the regulated private system to obtain coverage under
the city's MS4 permit would not place an undue burden on the city.
(b) The owner of any regulated private system listed in subsection (a) of this section may offer to convey such
system to the city by:
(1) Applying to the stormwater superintendent, using forms developed by the stormwater superintendent;
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(2) Paying the applicable fee as determined from time to time by the city council; and
(3) Agreeing to reimburse the city for any reasonable costs, fees, expenses and other charges the city
incurs in evaluating the regulated private system's design and inspecting the regulated private system's
stormwater management and treatment improvements prior to acceptance of such regulated private
system.
(c) Upon receipt of a complete application described in subsection (b) of this section, the stormwater
superintendent shall determine whether the regulated private system meets the applicable standards, which
determination shall be final.
(d) Upon a determination that a regulated private system meets applicable standards, the stormwater
superintendent, working with the city attorney, or the city attorney's designee, shall direct the owner of the
regulated private system to prepare all documents, using forms developed by the stormwater
superintendent, the city attorney, or the city attorney's designee, necessary to convey the regulated private
system, free and clear of all encumbrances, to the city and transfer any applicable permit to the city. The
stormwater superintendent, city attorney, or the city attorney's designee shall review such documents to
determine their accuracy and completeness.
(e) Upon an owner of the regulated private system's satisfactory completion of the work required under
subsections (a) through (d) of this section, and payment of any sums due under subsection (b) of this section,
the stormwater superintendent shall submit to the city council the owner's offer to convey the regulated
private system to the city. The city council may accept such offer if it determines that such acceptance is in
the best interests of the city.
(f) Upon acceptance of a regulated private system pursuant to subsection (e) of this section, the city shall be
responsible for operating, maintaining, and repairing the regulated private system to comply with any
applicable permit and for renewing or obtaining any permit required for operation and maintenance of the
regulated private system, except that the former owner of the regulated private system shall be responsible
for all costs, fees, charges and expenses for:
(1) Remedying damage caused by the former owner of the regulated private system; or
(2) In the event that an extreme unforeseen circumstance requires extraordinary repair and
reconstruction measures unique to the regulated private system. As used herein, the term "extreme
unforeseen circumstance" means an act, event, cause or condition that is beyond the city's reasonable
control such as a fire, storm, earthquake, flood, lightning, landslide, hurricane, tornado, war, strike,
terrorism, riot or insurrection.
(g) For a period of 20 years from the date the city accepts a regulated private system and other than the user
fee, the city shall not impose an assessment or surcharge that is unique to the former owner of such
accepted regulated private system to cover all or a portion of the cost of performing the city's duties outlined
in subsection (f) of this section, unless the city imposes a similar assessment or surcharge on other former
owners of other similar regulated private systems, or in the event of a need to remedy damage described in
subsection (f) of this section.
(h) For purposes of this subdivision, the term "former owner" means and includes the successors in interest of
owners of regulated private systems that have been accepted by the city pursuant to the procedures
outlined in subsections (b) through (g) of this section. If a former owner is a membership organization,
company, corporation or other entity, whether for profit or nonprofit, the term "former owner" also includes
its officers, members, directors and their respective successors in interest.
(Ord. of 10-17-2016(1), § 7.1; Ord. of 12-5-2022, § 7.1)
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Sec. 38-499. Regulated private systems that are not exclusively residential.
(a) Subject to the terms and conditions of this article, the city may, at the discretion of the superintendent,
allow regulated private systems that serve properties with nonresidential uses to obtain permit coverage
under the city's MS4 permit provided the owner of such regulated private system meets all of the following
conditions:
(1) The regulated private system shall comply with the VSMM or the stormwater upgrade feasibility
analysis (SUFA).
(2) Regulated private systems shall satisfy the goals outlined in any agency of natural resources-approved
plan for the city to meet MS4 permit requirements (e.g., flow restoration plan, phosphorus control
plan, etc.).
(3) The owner of a regulated private system enters into an agreement with the city obligating the owner of
the regulated private system to maintain the regulated private system in accordance with the MS4
permit, the VSMM and the SUFA, as applicable to that regulated private system, and grants the city
access by license:
a. To monitor and inspect the regulated private system at regular intervals to confirm compliance
with the MS4 permit, the VSMM and the SUFA, as applicable to that regulated private system; or
b. To maintain the regulated private system only in the event the superintendent determines that
the owner of the regulated private system has failed to perform maintenance of the regulated
private system in accordance with the VSMM or the SUFA, as applicable to that regulated private
system and that public good requires that the city to perform such maintenance on the regulated
private system. The city's performance of maintenance on a regulated private system shall be
performed at its sole discretion and shall not relieve the owner from complying with the MS4
permit, the VSMM and the SUFA, as applicable. If the city chooses to perform such maintenance
after the owner's failure or refusal to do so, the owner shall reimburse the city for its costs, fees,
expenses and other charges it incurs as a result of the owner's failure or refusal to perform such
maintenance. If the owner refuses to reimburse the city within 30 days of the city's mailing of a
bill for such charges, such charges shall be a lien on the owner's property in accordance with 24
V.S.A. Chapter 101§ 3504.
(4) The superintendent determines that allowing the regulated private system to obtain coverage under
the city's MS4 permit would not place an undue burden on the city.
(b) The owner of a regulated private system meeting the requirements of subsection (a) of this section may
request coverage under the city's MS4 permit by:
(1) Applying to the superintendent, using forms developed by the stormwater superintendent;
(2) Paying the applicable fee as determined from time to time by the city council;
(3) Submitting a plan for maintenance and repair of the regulated private system to ensure compliance
with the MS4 permit, the VSMM and the SUFA, as applicable to that regulated private system; and
(4) Agreeing to reimburse the city for any reasonable costs, fees, expenses and other charges the city
incurs in evaluating the regulated private system's design and inspecting the regulated private system's
stormwater management and treatment improvements prior to the city accepting coverage of such
regulated private system under its MS4 permit.
(c) Upon receipt of a complete application as described in subsection (b) of this section, the superintendent
shall determine whether the regulated private system meets the VSMM and the SUFA, as applicable to that
regulated private system. The superintendent's determination shall be final.
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(d) Upon determination that a regulated private system satisfies the VSMM and the SUFA, as applicable to that
regulated private system, the stormwater superintendent, working with the city attorney, or the city
attorney's designee, shall direct the owner of the regulated private system to prepare all documents, using
forms developed by the stormwater superintendent, the city attorney, or the city attorney's designee,
necessary for the regulated private system to obtain coverage under the city's MS4 permit. The stormwater
superintendent, city attorney or the city attorney's designee shall review such documents to determine their
accuracy and completeness.
(e) Upon an owner of the regulated private system's satisfactory completion of the work required by
subsections (a) through (d) of this section, and payment of any sums due under subsection (b) of this section,
the stormwater superintendent shall submit to the city council the regulated private system owner's request
to obtain coverage under the city's MS4 permit. The city council may approve such request if it determines
that such approval is in the best interests of the city.
(f) Upon allowing a regulated private system to obtain coverage under the city's MS4 permit, pursuant to
subsection (e) of this section, the city shall periodically monitor, inspect and report on the regulated private
system per the city's MS4 permit requirements. Notwithstanding such coverage, the owner of the regulated
private system remains responsible for all costs, fees, charges and expenses for:
(1) Operation, maintenance, repair, improvement or replacement of the regulated private system to
ensure compliance with the MS4 permit and with the VSMM and the SUFA, as applicable to that
regulated private system;
(2) Remedying damage caused by the owner of the regulated private system; and
(3) In the event that an extreme unforeseen circumstance requires extraordinary repair and
reconstruction measures unique to the regulated private system. As used herein, the term "extreme
unforeseen circumstance" means an act, event, cause or condition that is beyond the city's reasonable
control such as a fire, storm, earthquake, flood, lightning, landslide, hurricane, tornado, war, strike,
terrorism, riot or insurrection.
(g) For a period of 20 years from the date the city allows a regulated private system to obtain coverage under
the city's MS4 permit and other than the user fee described in subdivision II of this division, the city shall not
impose an assessment or surcharge that is unique to the owner of such regulated private system to cover all
or a portion of the cost of performing the city's duties outlined in subsection (f) of this section, unless either:
(1) The city imposes a similar assessment or surcharge on owners of other similar regulated private
systems;
(2) In the event of a need to remedy damage caused by negligence or malfeasance on the part of the
owner;
(3) In the event that an extreme unforeseen circumstance requires extraordinary repair and
reconstruction measures unique to the regulated private system; or
(4) If the city deems in the reasonable exercise of its discretion that the owner has failed to maintain,
repair or improve the regulated private system to comply with the city's MS4 permit and such
maintenance, repair or improvement is necessary, as determined by the stormwater superintendent's
sole discretion, to ensure compliance with the city's MS4 permit.
(h) For purposes of this section, the term "owner" means and includes the successors in interest of owners of
regulated private systems that have obtained coverage under the city's MS4 permit. If an owner is a
membership organization, company, corporation or other entity, whether for profit or nonprofit, the term
"owner" also includes its officers, members, directors and their respective successors in interest.
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(i) In addition to the rights and remedies for noncompliance with this article provided in subdivision IV of this
division, if the owner of the regulated private system fails to operate, improve, inspect, maintain, repair and
replace its regulated private system in accordance with the city's MS4 permit, the VSMM or the SUFA, as
applicable to that regulated private system, then the superintendent, in his sole discretion and at any time,
may terminate the agreement described in subsection (a)(3) of this section, provided the superintendent has
mailed a notice of termination to the owner 30 days in advance of such termination.
(Ord. of 10-17-2016(1), § 7.2)
Secs. 38-500—38-521. Reserved.
DIVISION 4. MUNICIPAL COST SHARING
Subdivision IV. Municipal Cost Sharing
Sec. 38-522. Purpose.
The purpose of this subdivision is to establish a city policy regarding cost sharing of upgrading or improving
stormwater treatment practices that are required by the MS4 permit, flow restoration plans (FRPs), phosphorus
control plans (PCPs) or any other future MS4 permit requirement.
(Ord. of 12-5-2022, § 8.1)
Sec. 38-523. Applicability.
This subdivision shall apply to stormwater system upgrades or improvements as required by subdivision III of
this articledivision.
(Ord. of 12-5-2022, § 8.2)
Sec. 38-524. Municipal share of stormwater project costs.
The city shall share in the cost of upgrading or improving stormwater treatment practices (STPs) that are
required by the MS4 permit, flow restoration plans (FRPs), and/or phosphorus control plans (PCPs) as follows:
(1) a. The city shall contribute funds from the stormwater utility budget for the construction of upgrades or
improvements to STPs on a pro rata basis. Cost sharing shall be determined by the percentage of
impervious surface area that is publicly owned and covered by the existing stormwater permit as
compared to the total impervious surface area covered by the existing stormwater permit;
b. Areas outside of the existing stormwater permit that drain to the STP will not be included in this
calculation unless the additional off-site area is routed to the STP as part of the upgrade or
improvement. If offsite areas are being redirected to the STP as part of the upgrade or
improvement, then these areas will be included as part of the city's impervious surface area in
the cost sharing calculation.
(2) The city's share of funding for upgrades or improvement of any particular STP will be determined on a
schedule established by and at the discretion of the city. The city will update this schedule on an
annual basis, as needed, to ensure that expenditures are budgeted in a way that is sustainable for the
stormwater utility sinking fund, stormwater utility rate payers and permit required objectives.
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(3) The city will cost share in the upgrade or improvement of an STP to the minimum design requirements
that achieve the stormwater treatment necessary to satisfy FRPs, PCPs and Vermont Stormwater
Management Manual (VSMM). Work included as part of any upgrade or improvement that is beyond
the minimum necessary to meet the minimum design requirements will be the responsibility of the
owner of the regulated private system. The city will not share in the cost of any work undertaken that
is not directly related to the STP.
(4) The city shall review and will share in the costs of any change orders during construction until the total
of the change order requests exceeds ten percent of the estimated total project cost. Change order
requests seeking cost increases beyond ten percent of the estimated total project cost will be borne by
the owner of the regulated private system, unless otherwise agreed to by the city and is in the
stormwater superintendent's sole and complete discretion.
(5) The city shall not contribute funds for engineering or design services incurred as part of upgrades or
improvements to STPs unless:
a. The city obtains grant or other outside funding for the engineering or design project and a signed
stormwater system improvement agreement with the owner of the regulated private system that
addresses engineering or design cost sharing is in place;
b. The city will not be responsible for engineering or design costs that were incurred prior to the
effective date of a stormwater system improvement agreement for the upgrade or improvement
to the STP.
(6) The city will provide its pro rata share of STP upgrade or improvement costs only after the stormwater
superintendent or the stormwater superintendent's designee has inspected the stormwater treatment
system and the STP upgrade or improvement and certified that it has been constructed in accordance
with the previously approved project plans.
(7) The city is not required to obtain grants or other outside funding for any individual project. Grants will
be obtained at the discretion of the stormwater superintendent based on staff availability and other
factors.
(8) If a grant or outside funding is obtained by the city for an STP upgrade or improvement project, such
grant or outside funding will first be applied to offset the city's pro rata share of the STP upgrade or
improvement costs. Any amount in exceedance of the city's pro rata share may be applied to the
regulated private system owner's pro rata share of the STP upgrade or improvement project costs at
the discretion of the stormwater superintendent.
(9) a. STP upgrade or improvement projects that are eligible for city cost sharing must follow the process
outlined for inclusion of the stormwater treatment system under the city's MS4 permit as established
in subdivision III of this articledivision.
ab. If a regulated private system owner performs an upgrade or improvement to an STP, but does
not intend to obtain coverage under the city's MS4 permit and instead obtains permit coverage
directly from the state, they may still obtain cost sharing from the city pursuant the requirements
of this subdivision. In order to be eligible, the system owner must:
1. Submit engineering and design plans for STP upgrade or improvement to the stormwater
superintendent and obtain written approval of these plans prior to incurring any costs that
would be eligible for cost sharing;
2. Sign a stormwater system improvement agreement with the city that establishes pro rata
cost sharing for all parties involved; and
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3. Obtain the stormwater superintendent's written confirmation that the STP upgrade or
improvement was constructed in conformance with the approved plans once construction
is complete.
(Ord. of 12-5-2022, § 8.3)
Secs. 38-525—38-545. Reserved.
DIVISION 5. STORMWATER UPGRADE FEASIBILITY ANALYSIS (SUFA)
Subdivision V. Stormwater Upgrade Feasibility Analysis (SUFA)
Sec. 38-546. Background and introduction.
(a) The city is subject to multiple stormwater total maximum daily load (TMDL) requirements established by the
state agency of natural resources (ANR). Compliance with these TMDLs is required by the city's municipal
separate storm sewer system (MS4) permit, which is also promulgated by ANR. The MS4 permit requires that
the city develop a flow restoration plan (FRP) for each of the five stormwater impaired watersheds located in
the city. In addition, the city's MS4 permit requires that the city develop a plan to deal with properties
covered by expired state stormwater permits. On top of these requirementsAdditionally, all of the city
ultimately drains to Lake Champlain. ANR and the United States Environmental Protection Agency (EPA) are
currently developinghas developed a phosphorus TMDL for Lake Champlain. The MS4 permit contains a
requirement that the In accordance with the MS4 permit, the city has developed a phosphorus control plan
(PCP) to reduce phosphorus loading to the lake from stormwater discharges.
(b) In order to meet the requirements of these state and federal regulations, it is necessary for the city, and the
properties located within its boundaries, to install stormwater treatment practices (STPs) capable of
addressing the uncontrolled stormwater runoff that contributes to these water quality impairments. The
city's regulations concerning the use of public and private sanitary sewerage and stormwater systems, as set
forth in this article, provides the opportunity for properties with existing or expired state stormwater
permits, or properties subject to the three-acre requirement included in section 1.3D of the ANR General
Permit 3-9050, to obtain valid state stormwater permit coverage under the city's MS4 permit. The ability for
the city to provide this permit coverage was clarified by the state department of environmental conservation
when the MS4 permit was reissued in 2018.
(c) In order for a property to obtain coverage under the city's MS4 permit, it must provide a level of stormwater
treatment that will facilitate compliance with the state and federal regulatory requirements (MS4 permit and
TMDLs) to which the city is subject to. The goal of this document is to establish a procedure by which an
existing site can be evaluated for best practicable on-site treatment of stormwater runoff. The standard is
intended to be met through installation of on-site STPs. Alternatively, a site may elect to pay a stormwater
mitigation fee in lieu of installing STPs on their site. These funds will be utilized by the South Burlington
Stormwater Utility (SBSU) to construct the STPs necessary for the city to implement the FRPs required by its
MS4 permit. These funds may also be used to gain access to the land necessary for the construction of large
scale or regional STPs.
(Ord. of 10-5-2015(2), § 1; Ord. of 10-17-2016(2), § 1; Ord. of 7-6-2021, § 1)
Sec. 38-547. Submission standards.
The following information must be included with a submission:
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(1) Complete application form.
(2) A brief written narrative describing the proposed stormwater treatment practice (STP) and how it
meets the SUFA standard. This includes a description of how the proposed STP matches or differs from
what is indicated in any approved flow restoration plan (FRP).
(3) A written description of the ongoing maintenance needs for the drainage system and proposed STP.
(4) A map delineating the drainage area flowing to each STP. This must include any off-site areas flowing to
the STP.
(5) Site plan and construction details for all proposed STPs. The site plan must include:
a. Location, type, and size of all impervious surfaces.
b. Location, type, size, elevations, and specifications for all proposed STPs.
c. Stormwater collection and conveyance systems including swales, culverts, and piping.
d. Length, diameter, and material for all piping and culverts.
e. Topographic survey and natural resource delineations.
f. Soil type and/or hydrologic soil group.
g. The location and results of any infiltration testing conducted.
h. Tree canopy and changes to landscaping.
(6) Modeling results that show the existing and post-development hydrographs for the storm events
indicated below. Any TR-55 based model shall be suitable for this purpose. Modeling methods utilized
shall be in accordance with the best practices utilized by the state stormwater management section
and described in the VSMM.
a. The water quality volume (WQv) storm event as described in the VSMM.
b. The one year, 24-hour rainfall event as described in the VSMM.
c. The 25-year, 24-hour rainfall event (currently 4.0 inches) as described in the most recent version
of the city's land development regulations.
(7) Applications submitted under the combined method must include a stormwater mitigation fee
calculation. The site plan, listed under subsection (5) of this section, must indicate the portion of
impervious area (IA) being utilized in the stormwater mitigation fee calculation.
(Ord. of 10-5-2015(2), app. B; Ord. of 10-17-2016(2), app. B; Ord. of 7-6-2021, app. B)
Sec. 38-547. Installation of stormwater treatment practices.
(a) The goal of the stormwater upgrade feasibility analysis (SUFA) is:
(1) To reduce the volume of stormwater runoff and associated pollutants leaving the site via pipe or
overland flow; and
(2) To ensure that a site complies with any water quality plan (e.g. FRP, PCP, etc.) FRP developed for the
watershed in which it is located.
(b) At a minimum, the site must install STPs capable of infiltrating the volume of stormwater runoff generated
on site during the water quality volume (WQv) rain event as described in the Vermont Stormwater
Management Manual (VSMM), as amended from time to time by the agency of natural resources, which
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shall be incorporated by reference herein. This volume of water must be infiltrated or reused on site using
Tier 1 practices as defined in the VSMM.
(c) It is understood that some sites may contain constraints that make the site unsuitable for infiltration of
stormwater runoff. A list of acceptable site constraints includes:
(1) Seasonally high or shallow groundwater (as defined in the VSMM).
(2) Shallow bedrock (as defined in the VSMM).
(3) Soil infiltration rates of less than 0.2 inches per hour (as demonstrated by infiltration testing conducted
in accordance with the procedure in section 38-551322).
(4) Contaminated soils subject to review and approval of the stormwater superintendent.
(5) The presence of a stormwater hotspot (as defined in the VSMM).
(6) Other site constraints subject to the review and approval of the stormwater superintendent.
(d) If it is not possible to infiltrate the volume of stormwater runoff generated by the site during WQv storm
event due to one or more of the constraints listed in subsection (c) of this section, then this volume of water
can be detained on site using Tier 2 practices as described in the VSMM. other LID strategies and practices
such as those detailed in the South Burlington Low Impact Development Guidance Manual. STPs meeting the
WQv treatment standard as described in the VSMM are also acceptable.
(e) A site with existing retention/detention based STPs is allowed to evaluate retrofitting/expanding these
facilities in order to meet the detention requirement indicated above. Retrofit/expansion of these facilities
may be considered prior to evaluation of Tier 1 practices. Existing Tier 3 practices shall be upgraded to Tier 2
practices, if used for water quality treatment.
(f) FRPs and PCPs for impaired watersheds in the city contain a preliminary assessment of the stormwater
treatment potential of some sites. If an FRP or PCP identifies an STP on a site, then the site must install either
the specified STP or an STP that provides equivalent or greater treatment. Properties that choose to
construct STPs must do so prior to the deadline established by the state's agency of natural resources, within
five years of signing a stormwater improvement agreement with the city, but no later than November 1,
2028, whichever is sooner.
(g) All proposed STPs must be submitted to the stormwater superintendent for review. Standards for these
submissions are included in section 38-550323.
(Ord. of 10-5-2015(2), § 2; Ord. of 10-17-2016(2), § 2; Ord. of 7-6-2021, § 2)
Sec. 38-548. Payment of stormwater mitigation fee.
(a) In lieu of installation of STPs as described above, the property owner may elect to pay a stormwater
mitigation fee. The mitigation fee for a property can be determined utilizing the following equation (where IA
is the impervious area on the site in acres) and WQvT is the percent of the water quality volume treated on
site:
Stormwater mitigation fee = IA x (1 - WQvT)3 x $70,000
(b) Impervious area (IA) is calculated by measuring the impervious surfaces located on the property at the time
of application. Applicants shall not include any publicly owned impervious area (e.g., public roads within a
city-owned right-of-way) in their calculation of IA.
(c) Payment of a stormwater mitigation fee does not prevent or exclude a site from being used for stormwater
treatment. If the site contains a project identified in an FRP as a regional stormwater treatment facility, then
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the city will require an irrevocable offer of dedication to use the land for stormwater treatment, if deemed
feasible.
(d) Stormwater mitigation fees must be paid in full upon signing an MS4 permit coverage agreement with the
city. Alternatively, the property owner can elect to pay the fee over a five- or ten-year term. If a five-year
term is selected, the total value will be assessed at 3½ percent interest over that period. If a ten-year term is
selected, the total value will be assessed at 5½ percent interest over that period. Fees paid over a five- or
ten-year term will be included in the property's stormwater fee for developed properties as established in
this article.
(Ord. of 10-5-2015(2), § 3; Ord. of 10-17-2016(2), § 3; Ord. of 7-6-2021, § 3)
Sec. 38-549. Combination STP/fee method.
Some sites may install STPs for a portion of the site and pay a stormwater mitigation fee for the remaining
portion of the site. When this method is used, the percent of the water quality volume treated on site (WQvT) will
be factored into the equation. Property owners are encouraged to maximize treatment on site to the greatest
extent possible, as the greater the level of treatment provided on site, the lower the cost per impervious acre for
the portion of the water quality volume not achieved.
(Ord. of 10-5-2015(2), § 4; Ord. of 10-17-2016(2), § 4; Ord. of 7-6-2021, § 4)
Sec. 38-55047. SSubmission standards for MS4 permit coverage application.
The following information must be included with a submission:
(1) Complete application form.
(2) A brief written narrative describing the proposed stormwater treatment practice (STP) and how it
meets the SUFA standard. This includes a description of how the proposed STP matches or differs from
what is indicated in any approved flow restoration plan (FRP).
(3) A written description of the ongoing maintenance needs for the drainage system and proposed STP.
(4) A map delineating the drainage area flowing to each STP. This must include any off-site areas flowing to
the STP.
(5) Site plan and construction details for all proposed STPs. The site plan must include:
a. Location, type, and size of all impervious surfaces.
b. Location, type, size, elevations, and specifications for all proposed STPs.
c. Stormwater collection and conveyance systems including swales, culverts, and piping.
d. Length, diameter, and material for all piping and culverts.
e. Topographic survey and natural resource delineations.
f. Soil type and/or hydrologic soil group.
g. The location and results of any infiltration testing conducted.
h. Tree canopy and changes to landscaping.
(6) Modeling results that show the existing and post-development hydrographs for the storm events
indicated below. Any TR-55 based model shall be suitable for this purpose. Modeling methods utilized
shall be in accordance with the best practices utilized by the state stormwater management section
and described in the VSMM.
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a. The water quality volume (WQv) storm event as described in the VSMM.
b. The one year, 24-hour rainfall event as described in the VSMM.
c. The 25-year, 24-hour rainfall event (currently 4.0 inches) as described in the most recent version
of the city's land development regulations.
(7) Applications submitted under the combined method must include a stormwater mitigation fee
calculation. The site plan, listed under subsection (5) of this section, must indicate the portion of
impervious area (IA) being utilized in the stormwater mitigation fee calculation.
(Ord. of 10-5-2015(2), app. B; Ord. of 10-17-2016(2), app. B; Ord. of 7-6-2021, app. B)
Sec. 38-551436. Method for infiltration testing.
The following requirements apply to any required infiltration testing:
(1) Testing must be performed under the supervision of a qualified professional (i.e., registered engineer,
site designer licensed in the state, a qualified soil scientist, a qualified geologist, a qualified
hydrogeologist, or other person approved in advance by the stormwater superintendent).
(2) Infiltration test methods must assess the saturated hydraulic conductivity under "field-saturated"
conditions (see ASTM D5126-90 Standard Guide for Comparison of Field Methods for Determining
Hydraulic Conductivity in the Vadose Zone).
(3) Infiltration test locations shall correspond to the proposed stormwater treatment practice (STP)
locations, and infiltration tests must be conducted at a minimum depth of the bottom of the proposed
STP.
(4) Design infiltration rates shall be determined by using a factor of safety of 2 from the field-derived
value.
(5) Percolation tests are not acceptable in place of testing for saturated hydraulic conductivity, as they
overestimate saturated hydraulic conductivity values. Acceptable tests include:
a. Guelph permeameter - ASTM D5126-90 Method.
b. Falling head permeameter - ASTM D5126-90 Method.
c. Double ring permeameter or infiltrometer - ASTM D3385-09, D5093-152, D5126-90 Methods.
d. Amoozemeter or Amoozegar permeameter - Amoozegar 1992.
(6) The following information must be documented for any infiltration testing:
a. Date and time of testing.
b. Name and qualifications of the person conducting the testing.
c. Location of infiltration testing.
d. Method utilized during testing.
e. Results of infiltration testing in inches/hour.
(7) A qualified professional may establish seasonal high groundwater depth in test pits based on
redoximorphic features.
(8) Verify depth to bedrock (if within four feet of proposed STP bottom) via test pits or solid auger probes.
(Ord. of 10-5-2015(2), app. A; Ord. of 10-17-2016(2), app. A)
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Sec. 38-550. Penalties/enforcement.
(a) The ordinance from which this subdivision is derived shall constitute a civil ordinance within the meaning of
24 V.S.A. ch. 59.
(b) Any person who violates a provision of this subdivision, including, but not limited to, failure to install an STP
prior to the deadline established by the state's agency of natural resources, or to pay the stormwater
mitigation fee when due, shall be subject to a violation which shall be punishable as a civil violation pursuant
to section 1-14. Each day the violation continues shall constitute a separate violation.
(c) Any law enforcement officer or the director of public works, city engineer, deputy director of public works, or
stormwater superintendent may act as an issuing municipal official and issue and pursue before the judicial
bureau a municipal complaint for any violation of any provision of this subdivision.
(d) In addition to the enforcement procedures available before the judicial bureau, the city manager is
authorized to commence a civil action to obtain injunctive and other appropriate relief, or to pursue any
other remedy authorized by law. Nothing herein shall be construed to limit other rights, remedies or
penalties available by law.
(e) An issuing municipal official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following
amounts, for any person who declines to contest a municipal complaint and pays the waiver fee:
Waiver Fees - Stormwater Treatment Practices
First offense $100.00
Second offense $250.00
Third offense $400.00
Fourth offense $550.00
Fifth and subsequent offenses $700.00
(Ord. of 10-17-2016(2), § 5; Ord. of 7-6-2021, § 5)
Secs. 38-5521—38-570. Reserved.
DIVISION 64. INSPECTION AND ENFORCEMENT
Sec. 38-571. Power and authority of inspectors.
(a) Any authorized person bearing proper credentials and identification shall be permitted to enter all properties
subject to regulation under this article for the purposes of inspection, observation, measurement, sampling,
and testing in accordance with the provisions of this article. Authorized persons shall have the right to set up
such devices as are necessary to conduct monitoring and/or sampling of any regulated discharge from the
property. Authorized persons may also examine and copy records required to be kept under any permit
subject to this article. Authorized persons shall have no authority to inquire into any processes including
metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct
bearing on the kind and source of discharge to the public sanitary and stormwater systems.
(b) Any authorized person bearing proper credentials and identification shall be permitted to enter all private
properties through which the city holds an easement for the purposes of, but not limited to, inspection,
observation, measurement, sampling, repair, and maintenance or any portion of the public sewage system or
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public stormwater system lying within said easement. All entry and subsequent work, if any, on said
easement, shall be done in full accordance with the terms of the easement pertaining to the private property
involved.
(c) If a property owner has security measures in force which require proper identification and clearance before
entry onto the property, the owner shall make the necessary arrangements to allow access to any authorized
person.
(d) Any temporary or permanent obstruction to safe and easy access to any property to be inspected and/or
sampled shall be promptly removed by the property owner at the written or oral request of any authorized
person and shall not be replaced. The costs of clearing such access shall be borne by the property owner.
(e) Causing an unreasonable delay in allowing an authorized person access to a property subject to regulation
under this article is a violation of this article.
(f) If an authorized person is refused access to any part of the property containing facilities, records or
discharges subject to regulation under this article, and if the authorized person is able to demonstrate
probable cause to believe that there may be a violation of this article, or that there is a need to inspect
and/or sample as part of a routine inspection and sampling program designed to verify compliance with this
article or any order issued hereunder, or to protect the overall public health, safety, and welfare of the
community, then the authorized person may seek issuance of a search warrant from any court of competent
jurisdiction.
(g) While performing the necessary work on private properties referred to in this section, authorized persons
shall observe all safety rules applicable to the premises established by the property owner and the property
owner shall be held harmless for injury or death to the city employees and the city shall indemnify the
property owner against loss or damage to its property for personal injury or property damage asserted
against the property owner and growing out of the gauging and sampling operation, except as may be
caused by negligence or failure of the property owner to maintain safe conditions as required by law.
(Ord. of 3-21-2005, art. VII, § 1; Ord. of 10-17-2016(1), § 8.1; Ord. of 12-5-2022, § 9.1)
Sec. 38-572. Administrative enforcement.
(a) Any condition caused or permitted to exist in violation of any of the provisions of this article is a threat to
public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or
restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of
such nuisance may be taken.
(b) Any person found to be violating any provision of this article shall be served by the city with written notice
stating the nature of the violation and providing a reasonable time limit for the satisfactory correction
thereof. Such notice may require, without limitation:
(1) The performance of monitoring, analyses, and reporting;
(2) The elimination of illicit discharges;
(3) The cessation of improper practices and operations and implementation of proper practices and
operations;
(4) The abatement or remediation of any contamination of the public sewage or stormwater system and
waters of the state or the United States and restoration of any property impacted by such
contamination;
(5) Establishment of time limits for the completion of all required work;
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Chapter 38 UTILITIES
South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST]
Page 27 of 28
(6) Payment of a fine; and
(7) State that the notice may be appealed in the manner set forth in subsection (g) of this section.
(c) The city has the right to require a property owner found to be in violation of this article to install monitoring
equipment and maintain such equipment in proper operating condition, including proper calibration, all at
the property owner's expense.
(d) If a violation has not been corrected pursuant to the requirements set forth in the notice of violation, the city
or persons retained by the city may enter upon the subject property to take any and all measures necessary
to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or
person in possession of any premises to refuse to allow the city or designated persons to enter upon the
premises for the purposes set forth above.
(e) Within 30 days after abatement of the violation, the owner of the property will be notified of the cost of
abatement, including administrative costs. The property owner may file a written protest objecting to the
amount of the assessment within 15 days. If the amount due is not paid within a timely manner as
determined by the decision of the city manager or the city manager's designee, or by the expiration of the
time in which to file an appeal, the charges shall constitute a lien on the property for the amount of the
assessment and shall bear interest at the rate of one percent per month, or portion thereof.
(f) The city manager may, without prior notice, suspend stormwater or sewer system discharge access to a
person when such suspension is necessary to stop an actual or threatened discharge which presents or may
present imminent and substantial danger to the environment, or to the health or welfare of persons, or to
the stormwater system, sewer system or waters of the state or the United States. If the violator fails to
comply with a suspension order issued in an emergency, the city manager may take such steps as deemed
necessary to prevent or minimize damage to the stormwater system, sewer system or waters of the state or
United States, or to minimize danger to persons.
(g) Any person discharging to the stormwater or sewer system in violation of this article may have their
stormwater system or sewer system access terminated if such termination would abate or reduce an illicit
discharge. The city manager will notify a violator of the proposed termination of its stormwater system or
sewer system access. The violator may appeal the city manager's determination to the city council by filing a
written notice of appeal with the city manager within ten business days of the city manager's decision. The
city council shall review such appeal at a meeting of the council preceded by 15 calendar days' written notice
of the meeting date to the violator. Following the meeting, the council shall issue its decision on the appeal
in writing, which decision shall be final.
(h) A person commits an offense if the person reinstates stormwater system or sewer system access to premises
terminated pursuant to subsection (g) of this section, without the prior approval of the city manager.
(Ord. of 3-21-2005, art. VII, § 2; Ord. of 10-17-2016(1), § 8.2; Ord. of 12-5-2022, § 9.2)
Sec. 38-573. Judicial enforcement.
(a) The ordinance from which this article is derived shall constitute a civil ordinance within the meaning of 24
V.S.A. ch. 59.
(b) Any person who violates a provision of this article or who violates any condition of a permit issued
hereunder, including, but not limited to, failure to install an STP prior to the deadline established by the
state's agency of natural resources, or to pay the stormwater mitigation fee when shalldue, shall be subject
to a violation which shall be punishable as a civil violation pursuant to section 1-14. Each day the violation
continues shall constitute a separate violation.
PART II - CODE OF ORDINANCES
Chapter 38 UTILITIES
South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST]
Page 28 of 28
(c) Any law enforcement officer or the director of public works, water resourcescity engineer, deputy director of
public works, or stormwater superintendent may act as an issuing municipal official and issue and pursue
before the judicial bureau a municipal complaint for any violation of any provision of this article.
(d) In addition to the enforcement procedures available before the judicial bureau, the city manager is
authorized to commence a civil action to obtain injunctive and other appropriate relief, or to pursue any
other remedy authorized by law. Nothing herein shall be construed to limit other rights, remedies or
penalties available by law.
(Ord. of 3-21-2005, art. VII, § 3; Ord. of 10-17-2016(1), § 8.3; Ord. of 12-5-2022, § 9.3)
State law reference(s)—Judicial bureau, 4 V.S.A. § 1102 et seq.; complaint signed by the issuing municipal official
for civil ordinance violation, 24 V.S.A. § 1977.
Sec. 38-574. Waiver fee.
An issuing municipal official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following
amounts, for any person who declines to contest a municipal complaint and pays the waiver fee:
Waiver Fees - Stormwater System
Inspection and Enforcement
First offense $100.00
Second offense $250.00
Third offense $400.00
Fourth offenses $550.00
Fifth and subsequent offenses $700.00
(Ord. of 3-21-2005, art. VII, § 4; Ord. of 10-17-2016(1), § 8.4; Ord. of 12-5-2022, § 9.4)
Secs. 38-575—38-596. Reserved.
Sanitary Sewer &
Stormwater Ordinance
Proposed Updates to the South Burlington Sanitary Sewer & Stormwater Ordinance
August 5, 2024
City Sanitary Sewer Ordinance
•The City sanitary sewer ordinance establishes regulations
for the management, operation, and maintenance of the
municipal sewer system and was most recently updated in
2021.
•Updates to Sanitary Sewer and Stormwater Ordinance
were presented to Council on June 17.
•After consideration of public comments, additional updates
have been proposed in the Sanitary Sewer Ordinance.
Overview of Significant Changes
•Sewer Service Area
•Updates to Billing
•Meters for wastewater only customers
•Alternative billing method for customers without meters
•Allows for establishment of a base rate, but does not impose one.
•Updated Allocation Requirements
•City Center Allocation
•Clarified terminology
•Added references to DPW Standards
•Pump Stations Requirements
•Separate Stormwater and Sewer into separate sections
Sewer Service Area
•New buildings in mapped service area must connect, unless exempt.
•No new connections allowed outside the mapped service area.
•Failed in-ground systems in service area must connect.
•Includes all areas within the water service area map, with the addition of areas above an elevation of 430’
•Establishes clear interpretations of Vermont Act 47
Include the map here.
Meters for Wastewater Only Customers
•Existing ordinance requires that a meter be installed for “wastewater only” customers so that the City can bill for wastewater.
•This requirement has not been enforced. Alternative billing, not defined within the ordinance, has been utilized.
•Some areas are billed based on the number of bedrooms or other metrics not codified in our ordinance.
•New change proposed to ordinance. City proposes to enforce current language, but also add billing method for when meter installation is prohibitive.
Wastewater Billing
Alternative Billing Added in Sec. 38-396
•All buildings connected to the city owned wastewater system are required to
have city owned meters installed unless deemed prohibitive or infeasible.
•When installation of a water meter is deemed prohibitive or infeasible, annual
sanitary sewer charges shall be established on a per bedroom rate, where the first
bedroom will be charged the minimum fee and each additional room will be
charged 75% of the minimum fee, plus the base rate.
Wastewater Billing
•User Fee section updated to allow council the option of establishing a Base Rate and Usage Fee
•Proposed changes to the ordinance do not impose a base rate.
•The language added provides Council with the option of establishing a Base Rate in the future.
•The Base Rate can be adjusted via resolution, but will remain $0.00 until established by Council.
•Billing is currently done on a Usage Fee only.
•The recent Rate Study completed does not recommend a base rate due to existing inter-municipal agreements related to wastewater (i.e. Colchester treated as a single customer).
City Center Service Area
•Added City Center Service
Area Map
•Reserve capacity of 150,000
gallons per day set aside for
City Center Service Area
•Establishing a reserve
capacity is necessary for our
“New Town Center”
Designation
Allocation Requirements
•Streamlined how allocation fees are paid to reduce
paperwork
•Projects under 1,000 GPD only require Final Allocation
•Clarified Allocation Fee vs. Connection Fee
•Allocation Fee definition
•Removed reference to “Sewer Permit”
•Specified situation where properties/lots are vacant, the
allocation returns to zero after three years
•Clarified that allocations run with the land, not the owner
Miscellaneous Administrative Updates
•Separated Stormwater and Sewer into separate Articles
under this Chapter
•Added references to DPW Standards
•Updated job titles, outdated language and references to
current State laws
•Civil Penalties and Waiver Fees made to be consistent with
the fees for other City ordinance violations
Future Updates – Industrial User Survey
•The City is currently in the process of conducting an
industrial user survey to better understand the
characteristics of industrial wastewater being sent to South
Burlington’s wastewater treatment facilities.
•The results of the survey will inform any necessary action
that the City must take to limit certain pollutants or other
high strength wastes that impact the wastewater treatment
process
•These actions will likely necessitate future updates to the
sanitary sewer ordinance.
City Stormwater Ordinance
•The City stormwater ordinance establishes regulations for
the management, operation, and maintenance of the
municipal stormwater system.
•In addition to ensuring the proper treatment and control of
stormwater, the ordinance provides guidelines for State
stormwater permit coverage, user fees, and enforcement.
•The stormwater ordinance was added to the wastewater
ordinance in 2005 and last updated in 2021.
•There are no additional changes proposed since the
stormwater ordinance was last presented in June.
Overview of Significant Changes
•Separate Stormwater and Sewer into separate sections
•Divide definitions
•Add independent enforcement and fee sections
•Changed Billing Calculation
•Fee basis calculation established by State law on May 30, 2024
•Requires use of average rather than median
•Updated references to current State laws
•Updated language to reflect 2023 MS4 Permit
Next Steps
•Timeline:
•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 next
steps. The Council can choose at that point to
•(a) adopt the amendments as originally warned on June 17th,
•(b) make any changes it may feel appropriate and warn a
second public hearing, or
•(c) table action to a future meeting.
Proposed Change to Amendments
•Staff proposes including the following language to Section 38-396 (b) & (c)
•(b) All buildings connected to the city owned wastewater system, including those
that are connected to an individual well system or private water distribution
system, shall be required to have city owned meters installed on the internal
plumbing system per department requirements unless deemed prohibitive or
infeasible by the Director of Public Works, or their designee. Customers that are not
connected to the city water distribution system shall not be charged water usage
fees while connected to an individual well system or private water distribution
system.
•(c) For residential properties, when installation of a water meter is deemed
prohibitive or infeasible, annual sanitary sewer charges shall be established on a
per bedroom rate, where the first bedroom will be charged the minimum fee and
each additional room will be charged 75% of the minimum fee, plus the base rate.
180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4107 | WWW.SOUTHBURLINGTONVT.GOV
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1 The City of Burlington developed a 2021 Design Vehicle Guidance document for intersections where “considerable
frequency” was defined as four or more vehicles per peak hour for a vehicle group, or 12 or more vehicles per 12
hours for a vehicle group. Stop_and_Signalized_Intersection_Design_Vehicles_Guidance.pdf (burlingtonvt.gov)
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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180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4107 | WWW.SOUTHBURLINGTONVT.GOV
FY25 Policy Priorities and Strategies
Updated: July 31, 2024
Adopted: XXXXXXX
Role of City Manager and Leadership Team
"This is how we are accomplishing this vision."
Champion Vote Fund
X X Action 12, 95 Review and adjust fire/life safety ordinances and resources to meet the evolving needs of the
community - to include a review of single family construction, fees, and battery storage
Must Do Locke
X X Action 5 Promote Housing Development:
*Update permitting and development fees for housing and consider reductions to support affordable
and missing middle housing
*Explore "Vermont Homes for All Toolkit"
Must Do Conner
X FY26 Action 4 Take action to incentivize community's vision: Explore opportunities for micro-grants for accessory
dwelling units and duplexes
Pending
Resources
Conner
X X FY26 Action 27 Economic Development Strategic Plan: Define goals, issue RFP, enter into contract with a consultant,
start data collection and stakeholder engagement
Must Do Blanchard
X Action 30, 32, 34 Hire a Climate Director to implement the CAP Must Do Baker
X FY26 Goal 9, 10, 20, 23,
24
Develop a CAP - Buildings/Thermal Implementation Plan
*To include the adoption of weatherization/efficiency requirements for rental buildings (for example,
we could require energy audits every five years and that the items contained in the report be
implemented if cost effective)
Must Do Climate Director
X FY26 Goal 26, 45 Government Operations Sector Climate Action Implementation Plan
*Continue to integrate EV vehicles into the Fleet; perform assessment of medium & heavy-duty vehicle
electrification options
*Present plans for efficiency as part of Bartlett Bay project
*Weatherize City buildings per the CIP
Must Do Climate Director
X FY26 Goal 45, Action 71 Climate Action - Transportation Implementation Plan (CAP-TIP): Prepare analysis and plan for closing
gaps in public EV charging infrastructure
Must Do Climate Director
X X FY26 Action 42, 43 Review goals and objectives for trees in the City. Think about incentive options and regulatory
framework.
Must Do Conner /
DiPietro
X X Goal 45, Action 71 CAP-TIP: Inventory current multi-family electric vehicle charging network needs/capabilities to inform
a policy for existing multifamily properties (new and existing) to install electric vehicle charging
equipment.
Pending
Resources
Climate Director
Council Action: policy and
resources
Housing
Economy
Energy
Transportation
Project Lead
Staff Action: implementation, work, and operational effortGoals/ActionsCity Plan
Section
Role of Council
"This is the vision for our community"
Priority
1
FY25 Policy Priorities and Strategies
Updated: July 31, 2024
Adopted: XXXXXXX
Role of City Manager and Leadership Team
"This is how we are accomplishing this vision."
Champion Vote Fund
Council Action: policy and
resources
Project Lead
Staff Action: implementation, work, and operational effortGoals/ActionsCity Plan
Section
Role of Council
"This is the vision for our community"
Priority
X FY26 Goal 42, 46. Action
119
CAP-TIP: Complete the Active Transportation Plan (link to Parks and Open Space Master Plan)Must Do Quallen
X FY26 Goal 42, 46
Action 89, 119
Complete sidewalk inventory and review of ADA compliance Must Do Quallen
FY26 Goal 42, 46. Action
89
Support culture change around traveling safely to School:
*Participate in the Safe Routes to School Task Force
*As safe routes are determined, identify infrastructure needs and implementation schedules.
Must Do DiPietro
X X Action 73 Participate in Exit 14 Scoping Study Must Do Quallen
X FY26 Goal 46; Actions
64, 65
Work with GMT to improve connectivity throughout the City: to include in-city connections, workplace
connectivity, and safety (CAP-TIP)
Pending
Resources
Blanchard
X FY26 Goals -
55,56,57...Action
44, 87, 89
Complete the Parks & Open Space Master Plan (link to Active Transporation Plan)
*South Village Field: Determine future use and amend needed permit documents
Must Do Matth
X X Goal 54, 60, 61,
Action 150
Hubbard Recreation & Natural Area:
*Complete design phase and bid project for construction in summer 2025
*Consider a permanent conservation easement
Must Do Quallen
X X Action 150 Complete the permanent conservation easement on Wheeler Must Do McNeil
X Goal 59 Ensure Recreation and Library programming and event participation mirror the city demographics to
improve engagement with marginalized and underserved populations and improve cultural experiences
in the city.
Must Do Matth/Murray
X Goals 55, 57;
Actions 90, 91
Ordinance Update:
*Update Recreation Impact Fee ordinance (with full impact fee ordinance review)
Must Do Conner
X X Action 100 Seek opportunities to improve response and services for mental health and social service needs Must do Burke
X X FY26 Goal 52, Actions
80 and 81
Cultural Strategic Plan: Define goals, issue RFP, enter into contract with a consultant, start data
collection and stakeholder engagement
Must Do Blanchard
X X FY26 Actions 90, 91, 147 Collaborate with Airport on walking paths/amenities adjacent to Chamberlin Neighborhood Must Do Conner
X FY26 Goal 39 Increase Community Garden May Do Matth
X Goal 53, 77 Select public art for Williston Road Streetscape, Garden Street projects, and City-wide art.May Do Blanchard
Recreation, Community Services, and Culture
2
FY25 Policy Priorities and Strategies
Updated: July 31, 2024
Adopted: XXXXXXX
Role of City Manager and Leadership Team
"This is how we are accomplishing this vision."
Champion Vote Fund
Council Action: policy and
resources
Project Lead
Staff Action: implementation, work, and operational effortGoals/ActionsCity Plan
Section
Role of Council
"This is the vision for our community"
Priority
X FY26 Goals 54, 62;
Action 80, 90-94
Explore opportunities to enhance volunteer opportunities for community development May Do Baker
X Goals 54, 62;
Action 80, 90-94
Explore micro-grants for neighborhood & community development Pending
Resources
Blanchard
X FY26 Goal 68, 70. Action
112
Evaluate the capacity limitations of our wastewater collection system (pipes, pump stations, and force
mains) and drinking water distribution systems (pipes) to ensure that we can accommodate growth to
the same extent that the capacity at our wastewater treatment plant and drinking water storage tanks
will allow.
Must Do DiPietro
X Goal 1, 68. Action
113
Water Tank in High Service Area: Complete engineering, bid project, and start construction Must Do DiPietro
X FY26 Goal 71 Lead Service Line Inventory - Work to find lead service lines will be done by 11/24. Develop plan to
replace any identified or suspected lead lines.
Must Do DiPietro
X Goal 68, 71, 72 Ordinance Updates
*Water Service Area
*Sewer Service Area
*Wastewater to address Industrial User requirements
Must Do DiPietro
X Ordinance Updates
*Continue Water and Wastewater Rate discussion
May do DiPietro
X X FY26 Goal 69, 70, 71,
72. Action 109,
115
With municipal partners, consider a regional stormwater collaboration May Do DiPietro
X X FY26 Goal 2, 3, 5, 6, 44,
45, 77, 79, 80, 81;
Actions 4, 9, 10,
16, 17, 42, 43, 58,
71, 137
Land Development Regulations - with attention to legal defensibility
*Implement requirements of the HOME Act (Act 47) and BE Home Act
*Transportation Demand Management Regulations (CAP-TIP)
*Form Base Code updates and updates to successfully build out City Center
*Streamline regulations
*Electric Vehicle Charging Standards
*Supporting Uses in Commercial/Industrial Areas
Must Do Conner
Water and Utilities
Land Use
3
FY25 Policy Priorities and Strategies
Updated: July 31, 2024
Adopted: XXXXXXX
Role of City Manager and Leadership Team
"This is how we are accomplishing this vision."
Champion Vote Fund
Council Action: policy and
resources
Project Lead
Staff Action: implementation, work, and operational effortGoals/ActionsCity Plan
Section
Role of Council
"This is the vision for our community"
Priority
X Goal 48, Action 58 Official Map
*Updates to City Center area to complement Form Based Code
*Update following completion of Active Transportation Plan
*Review for consistency with 2024 City Plan
Must Do Conner
X Goal 79; Action 19 Explore state designation program opportunities consistent with City Future Land Use Plan Must Do Conner
X Goal 79; Actions 4,
17
Consider changes related to Act 250 reform (H.687)Must Do Conner
FY26 Action 8 Collaborate with Airport to implement/accelerate sound insulation renovations to homes adjacent to
the Airport
Must do Conner
X Improve implementation steps and processes for adopted regulations and ordinances:
*Build database of future ownership of public infrastructure
*Build systems and templates needed for implementation
Must Do Baker
X X Goal 12, Action
141
Garden Street: Complete ROW, engineering, and bid project Must Do DiPietro
X X Goal 12, Action
141
Williston Road Streetscape: Complete right of way acquisition, engineering, and bid project Must Do Blanchard
X X Goal 12, Action 61,
141
East West Crossing - Pedestrian Bicycle Bridge over I-89 Project: Bid Project and initiate construction Must Do Blanchard /
DiPietro
X X Goal 12, Action
141
City Center Park Boardwalk Connection: Execute construction contract and build project Must Do DiPietro
X FY26 Goal 12 Complete a Downtown Parking Management Plan and Implement Must Do Blanchard
X FY26 Action 145 Support South Burlington City Center Collaborative Must Do Blanchard
X X Goal 5; Action 141,
Action 148
Promote, support and encourage infill development within City Center to realize downtown vision Must Do Blanchard
X X FY26 Action 142 Make a go/no go decision on creating a "city green" in City Center Must Do Blanchard
X Backbone Implement the Data Strategy for the City - including operational and GIS data
*Regular reporting on CAP progress and reporting on our solar and renewable energy ordinances
Must Do Baker
City Center and TIF
Core Municipal Government
4
FY25 Policy Priorities and Strategies
Updated: July 31, 2024
Adopted: XXXXXXX
Role of City Manager and Leadership Team
"This is how we are accomplishing this vision."
Champion Vote Fund
Council Action: policy and
resources
Project Lead
Staff Action: implementation, work, and operational effortGoals/ActionsCity Plan
Section
Role of Council
"This is the vision for our community"
Priority
X Goal 1, Action 20 Implement a cross-department permitting systems and processes Must Do Locke
X X FY26 Backbone Assess and implement a modern financial system and consider other related improvements Must Do Locke
X Backbone Improve communication and engagement
*Launch and promote new website
*Add new communications methods (such as short-form video) to help make government more
accessible.
Must Do Brumbaugh
X Backbone Implement the 'Equity in Planning' Toolkit Must Do Conner /
Brumbaugh
X X Backbone Improve civic engagement strategies and activities to ensure voices are equitably represented at policy-
making tables
*Improve the Committee structure and screening to most effectively implement the City Plan 2024
*Improve appointment process to outside organization
*Develop new Council engagement processes
Must Do Baker
X Backbone Allocate remaining ARPA funds Must Do Machar
X Goal 42-44, 47;
Actions 58, 141
Ordinance Updates
*Transportation Impact Fee (CAP-TIP)
Must Do Baker
X X Develop and implement a 'naming of public spaces' policy Must Do Baker
X X Goal 65 Explore opportunities to offer contracted dispatch service May Do Burke
X FY26 Goal 26, 45 Consider Fleet management software May Do Locke
X FY26 Review the governance structure and operations of the City's cemeteries May Do Baker
X X Take up the Charter Committees recommendation to expand the City Council Council
Discussion
Baker
X FY26 Action 166 Formalize plan of Auclair walking trails Council
Discussion
Conner
X TIF District "Intensive" training: Provide the community additional information on the status of current
construction and the future financial plans for the District. Do we need to recalibrate?
Council
Discussion
Blanchard
For Further Council Discussion (to be included on an agenda in FY25 for discussion)
5
FY25 Policy Priorities and Strategies
Updated: July 31, 2024
Adopted: XXXXXXX
Role of City Manager and Leadership Team
"This is how we are accomplishing this vision."
Champion Vote Fund
Council Action: policy and
resources
Project Lead
Staff Action: implementation, work, and operational effortGoals/ActionsCity Plan
Section
Role of Council
"This is the vision for our community"
Priority
X X FY26 Where a permit is required, adopt regulations to require that “end of life” fossil fuel heating and
cooling equipment be replaced with carbon-free heating and cooling equipment where reasonably
possible (unless the cost is prohibitive, taking into account the social cost of carbon).
Council
Discussion
Climate Director
X X X Enhance our nuisance ordinance to include objective decibel-based noise standards, and harmonize the
noise standards in the LDRs with the separate (and different) noise standards contained in our nuisance
ordinance.
*Leverage the noise standards in our nuisance ordinance to begin a phase-out of small gas engines (leaf
blowers, hedge trimmers and string trimmers).
*Strengthen nuisance ordinance and LDRs to better protect homeowners from excessive or disruptive
noise.
Council
Discussion
Baker
X X X Adopt a municipal integrated pest management policy.
*Share information on what City's does through our operations.
*Educate public on change from "golf course lawns" to "natural lawns"
Council
Discussion
DiPietro
X X Decouple rent for parking spaces from rent for housing units (i.e.., require landlords to charge
separately for parking spaces, on the one hand, and units, on the other).
Council
Discussion
Baker (TBD)
BakerKey Questions for future consideration
In partnership with the School District, convene City, School and Community discussions on long term growth, resource, affordability, and service delivery
planning
*"What do we want the City to be when we grow up?"
*Is this an Committee with subcommittees? Is this leadership led? Community led?
Develop demographic data of the last decades of growth and complete projections of where the City is going
Growth: Intentionally understand and plan for growth in South Burlington
Outline the resource needs (staffing, capital needs, amenity needs) of both the City and School District given the demographic projections and interest in
maintaining the quality of life standards our community expects
Develop revenue models to meet the resource needs
Include the type of devleopment and the impacts on the City
Long-term planning for indoor recreational space (connection to capital planning for school capacity and emergency response centers)
Plan for the needs and vision of City Center
*RMCS's orientation as the "downtown" school
*City Green
*Umall future
6
FY25 Policy Priorities and Strategies
Updated: July 31, 2024
Adopted: XXXXXXX
Role of City Manager and Leadership Team
"This is how we are accomplishing this vision."
Champion Vote Fund
Council Action: policy and
resources
Project Lead
Staff Action: implementation, work, and operational effortGoals/ActionsCity Plan
Section
Role of Council
"This is the vision for our community"
Priority
Consider Ordinance Updates to promote vibrancy and community connection
*Peddlers
*Entertainment
*Private Use of Public Streets
Plan for the unexpected:
*How do we plan for the impacts of climate change including natural disasters?
*How do we plan for the end of business as we know it as we face climate change?
7
Proposal to Revise the City’s Nuisance Ordinance
Below are proposals to revise the City’s nuisance ordinance:
• The nuisance ordinance should be enhanced to provide objective metrics for noise in
residential areas during daytime hours.
• We should leverage the nuisance ordinance to begin a phase-out of small gas engines
(leaf blowers, hedge trimmers and weed whackers).
• There are two sets of rules governing noise in the City (the nuisance ordinance1, on the
one hand, and the performance standards in the LDRs2, on the other). This creates
confusion and ambiguity. These rules should be consolidated and harmonized. They
could be combined into the nuisance ordinance, with a cross-reference to the
consolidated standards in the LDRs.
More detail on these three items are below.
Proposal 1 – Objective Metrics
South Burlington’s Public Nuisance Ordinance provides that “[i]t shall be unlawful for any
person to make or cause to be made any loud or unreasonable noise. Noise shall be deemed to
be unreasonable when it disturbs, injures or endangers the peace or health of a person or when
it endangers the health, safety or welfare of the community.”
Whereas the performance standards do provide night-tfme decibel limitatfons for residentfal
and commercial areas (45 dBA and 60 dBA, respectfvely), the nuisance ordinance does not
provide any objectfve metric to determine how to apply the standard in the nuisance ordinance.
We should add an objectfve metric for daytfme residentfal noise to eliminate ambiguity and
disputes of the type we have witnessed. 60 dBA seems reasonably appropriate based on a
survey of many noise ordinances. We should also examine whether using dBC - a weightfng of
audible frequency that is more sensitfve to lower frequency (bass) noises than dBA – would be
more appropriate.
Reasoning
The Noise Pollutfon Clearinghouse reviewed 491 noise ordinances around the country. Of
those, 268 jurisdictfons (55%) include objectfve decibel-based standards.3
1 https://cms6.revize.com/revize/southburlington/Ordinances/Public%20Nuisance%20Ordinance.pdf
2 See Appendix A of South Burlington Land Development Regulatfons.
3 https://www.nonoise.org/regulatfon/preliminary%20results.pdf
Provided by Councilors
Chalnick and Smith on
July 25, 2024
Based on the relevant informatfon, 60 dBA seems a reasonably appropriate objectfve value for
residentfal receiving propertfes during day-tfme hours:
• Of the 268 jurisdictfons reviewed by the Noise Pollutfon Clearinghouse that include
objectfve decibel-based restrictfons, the median value was 60 dBA and the mode was 55
dBA.4
• Montpelier and Bennington set a limit of 60 dBA for residentfal areas during daytfme.5
• Williston sets a limit in residentfal areas during daytfme of 65 dBA (measured as a one-
hour average).6
• Essex sets 60 dBA measured over 15 minutes, 80 dBA instantaneous maximum
• Noise Pollutfon Clearinghouse prepared a study for Charlotte, VT and recommended a
daytfme limit of 50 – 55 dBA in residentfal areas7
• An online legal database called “Findlaw” provides advice on drafling noise ordinances
and concludes that “maximum noise levels are generally expressed in dBA and vary
considerably from ordinance to ordinance, ranging from 40 dBA (Beverly Hills, CA ) to 60
dBA (citfes).”8
• World Health Organizatfon (WHO) concludes that 55 dBA (Leq) is a “serious
annoyance”.9
Based on a non-exhaustfve review, it is not typical to provide a different standard for
constructfon noise, on the one hand, and other noise, on the other (none of the neighboring
jurisdictfons referenced above have a separate standard for constructfon noise). The council
could, of course, choose as a policy matter to specify a separate standard for constructfon noise
if we think that is desirable. Some jurisdictfons do have specific provisions addressing
constructfon noise. For instance, St Albans provides a blanket exemptfon for constructfon
operatfons during the day on weekdays.10 Shelburne limits “hammering” to 65 dBA. While the
City of Berkeley, CA generally limits daytfme residentfal noise to 55 dBA, it does allow residentfal
4 https://www.nonoise.org/regulatfon/preliminary%20results.pdf
5 https://www.montpelier-vt.org/DocumentCenter/View/1517/Chapter-11---Artfcle-X-Noise-Control-
PDF
6 https://willistonvt.govoffice3.com/vertfcal/Sites/%7BF506B13C-605B-4878-8062-
87E5927E49F0%7D/uploads/Noise_Control_Ordinance_(Amended_April_2020).pdf
7 https://www.charlottevt.org/vertfcal/sites/%7B5618C1B5-BAB5-4588-B4CF-
330F32AA3E59%7D/uploads/Presentatfon_by_Les_Blomberg.pdf
8 https://corporate.findlaw.com/law-library/guidelines-for-drafling-municipal-noise-control-
ordinances.html
9 https://www.ruidos.org/Noise/WHO_Noise_guidelines_4.html
10 https://codelibrary.amlegal.com/codes/stalbanswv/latest/stalbans_wv/0-0-0-5591
weekday noise from the short-term operatfon (less than 10 days) of jackhammers, backhoes,
drills, saws, grinder and similar mobile equipment to reach 75 dBA.11
It would be prudent to seek advice on this amendment. There is a national expert in
Montpelier (Les Blomberg) from the Noise Pollution Clearinghouse who may be able to help us,
both to ensure we have a reasonable objective metric, to help determine whether we should
reference dBA or DBC, and to help us understand how to deal with construction noise.
Proposal 2 – Small Gas Engines
We should consider limiting the noise level of leaf blowers by requiring all such equipment used
in the City to have an ANSI Manufacturer sound rating at 50 feet not in excess of 65 dBA. While
some gas models would satisfy this standard, most would not. Electric models do seem to
satisfy this standard. See, for example, table below:
11 https://berkeleyca.gov/sites/default/files/2022-02/Constructfon%20Noise%20Standards.pdf
Weed whackers and hedge trimmers do not seem to be required to be rated. We could
consider regulating those based on measurements, rather than ratings.
Small incentives are available through Green Mountain Power ($25 on blowers and trimmers)
and Burlington Electric ($40 on blowers, $50 on trimmers). We could consider providing
additional incentives/credits for switching to electric equipment, perhaps with ARPA dollars.
Reasoning
Small engines are a significant source of greenhouse gas emissions and air pollutfon (according
to the California Air Resource Board a commercial landscaper using one backpack leaf blower
for one hour generates the same smog-forming emissions as a car driving 1,100 miles). The
lawn care workers that operate this equipment are partfcularly impacted both by pollutfon and
noise. A 2016 study12 found the following levels of noise exposure among lawn care workers
using gas powered equipment (noise is considered hazardous at about 85 dBA):
Battery technology has evolved such that electric hedge trimmers, weed whackers and leaf
blowers have performance equivalent to gasoline models.13
Limitatfons on gas-powered small engines are being enacted in many jurisdictfons around the
country. Washington D.C., Miami Beach, Florida and Evanston, Illinois prohibit gas leaf blowers
year-round. Belmont, Arlington and Concord in Massachusetts, along with Ann Arbor,
California, Portland and Seattle, are phasing in full bans over the next few years.14 Our sister
12 Balanay JA, Kearney GD, Mannarino AJ. Assessment of Occupatfonal Noise Exposure among Groundskeepers in
North Carolina Public Universitfes. Environ Health Insights. 2016 Jun 13;10:83-92. doi: 10.4137/EHI.S39682.
PMID: 27330303; PMCID: PMC4909058.
13 See, for instance: https://www.greenworkscommercial.com/collectfons/leaf-blowers and
https://egopowerplus.com/commercial-800cfm-backpack-blower-lbpx8000/
14 https://grist.org/solutfons/leaf-blower-bans-air-pollutfon-noise/
city of Burlington requires all leaf blowers to operate at 65 dBA or less year-round.15 More than
100 other citfes and towns have limits on gas-powered leaf blowers.16
For commercial operators additfonal backup batteries may need to be maintained, or they may
use mobile charging trailers that keep a supply of freshly charged batteries at worksites in order
to extend run tfme. Manufacturers have introduced rapid chargers to speed the recharge of
batteries, ensuring that a bank of fully charged batteries are ready and waitfng for the next day’s
work. The arrival of electric pickup trucks like the Ford F-150 Lightning provides opportunitfes
for recharging some lighter equipment at the worksite from electricity stored in the vehicle’s
battery. Some operators have even outiitted trucks and trailers with solar panels to provide a
remote source of electricity to recharge batteries while at job sites.17 A helpful video on electric
lawn care is here: https://www.a2gov.org/departments/sustainability/Sustainability-
Me/Businesses/Pages/Gas-Leaf-Blower-Phase-Out.aspx
Proposal 3 – Consolidatfng and Harmonizing the Standards
The relevant noise provisions of the Nuisance Ordinance are in Appendix A. The relevant noise
provisions of the performance standards are in Appendix B. Appendix C is an attempt to
consolidate and harmonize these noise standards (in red), as well as include language in purple
to effect proposal 1 and language in green to effect proposal 2. The consolidated standards
should be cross-referenced in the LDRs.
15 https://www.sevendaysvt.com/legal-notfces/city-of-burlington-in-the-year-two-thousand-twenty-one-an-
ordinance-in-relatfon-to-bco-offenses-and-miscellaneous-provisions-express-pr-
32956333#:~:text=(4)%20Every%20other%20person%20or,ordinance%20commencing%20May%2031%2C%20
2022.&text=(1)%20Any%20leaf%20blower%20operated,of%20this%20Code%20of%20Ordinances.
16 https://friendsofanimals.org/usa-today-tfme-to-ditch-your-gas-powered-leaf-blower-heres-why/
17 https://publicinterestnetwork.org/wp-content/uploads/2023/10/Lawn_Care_Goes_Electric_Oct23.pdf
Appendix A – South Burlington’s Existing Nuisance Ordinance
DIVISION 2. EXCESSIVE NOISE
Sec. 14-50. Purpose.
The purpose of this division is to preserve the public health, safety, and welfare by prohibitfng
excessive and disturbing noise and to prevent noise which is prolonged or unsuitable for the
tfme and place and which is detrimental to the peace and good order of the community. It is
the goal of this sectfon to allow all persons of the city to peacefully coexist in a manner which is
mutually respectiul of the interests and rights of others.
Sec. 14-51. General prohibition.
It shall be unlawful for any person to make or cause to be made any loud or unreasonable
noise. Noise shall be deemed unreasonable when it disturbs, injures or endangers the peace or
health of a person or when it endangers the health, safety or welfare of the community. Any
such noise shall be considered to be a noise disturbance and a public nuisance.
Sec. 14-52. Express prohibitions.
The following acts, which enumeratfon shall not be deemed to be exclusive, are declared to be
noise disturbances:
(1) Operatfng or permitting the use or operatfon of any musical instrument, radio, television,
phonograph, or other device for the productfon or reproductfon of sound in such a manner as
to be plainly audible through walls or floors between units within the same building, from
another property or from the street between the hours of 10:00 p.m. and 7:00 a.m. or in such a
manner as to unreasonably disturb the peace, quiet or comfort of the public.
(2) The operatfon or permitting the operatfon of any radio, stereo or other sound amplificatfon
equipment from a motor vehicle that is audible at 25 feet from such vehicle. The term "motor
vehicle" means any car, truck or motorcycle.
(3) Notwithstanding sectfon 14-51, it shall be unlawful for any person who is partfcipatfng in a
party or other social event to actfvely make unreasonably loud noise. The term "party or other
social event" means a gathering upon the premises of one or more persons not residing at the
premises. Unreasonably loud noise is noise that unreasonably interferes with the peace or
health of members of the public or is plainly audible between the hours of 10:00 p.m. and 7:00
a.m. through the walls between units within the same building, from another property or from
the street. It shall also be unlawful for any resident of a premises under his control to allow a
party or other social event occurring in or about the premises to produce unreasonably loud
noise. There is a rebuttable presumptfon that all residents of the premises have allowed such
party or other social event to occur in or about the premises. All residents of the premises are
responsible for such unreasonable noise made, each having joint and several liability.
(4) Operatfng or permitting or directfng the operatfon of any power equipment or machinery
outdoors between the hours of 9:00 p.m. and 7:00 a.m., except in emergency situatfons or by
permission of the city manager.
(5) Noise resultfng from the excavatfon, demolitfon, erectfon, constructfon, alteratfon or repair
of any premises or structure between the hours of 9:00 p.m. and 7:00 a.m., except in
emergency situatfons or by permission of the city manager.
(6) The use of loudspeakers or other sound amplificatfon equipment upon the public streets for
the purpose of commercial advertfsing or attractfng the attentfon of the public to any building
or site.
(7) Persons keeping or harboring any dog or cat which, by frequent or long-contfnued noise,
disturbs the comfort or repose of persons in the vicinity.
(8) Noise related to trash pick-up and removal between the hours of 8:00 p.m. and 7:00 a.m. in
residentfal areas.
Sec. 14-53. Exemptions.
Noise from the following sources shall be exempt from the prohibitfons specified herein:
(1) All safety signals and warning devices or any other device used to alert persons to any
emergency or used during the conduct of emergency work, including, but not limited to, police,
fire and rescue vehicle sirens.
(2) The repair and maintenance of municipal facilitfes, services or public utflitfes when such
work must be accomplished outside daytfme hours.
(3) Snow removal equipment operated within the manufacturer's specificatfons and in proper
operatfng conditfon.
(4) Musical, recreatfonal and athletfc events conducted by and on the site of a school,
educatfonal instftutfon, park, or recreatfonal area.
(5) Events and actfvitfes conducted by or permitted by the city. Persons operatfng an event or
actfvity under authority of an entertainment permit, parade/street event permit, or parks
special use permit shall comply with all conditfons of such permits or licenses with respect to
noise control issues.
(6) Constructfon or repair work which must be done to address an emergency health or safety
concern and that cannot be accomplished during daytfme hours and which is not work which
includes normal maintenance and repair.
(7) Any other specific functfon as approved by the city manager.
Sec. 14-54. Notification.
The city may notffy the owner of any property upon which a violatfon of this sectfon has
occurred and a person has been issued a municipal complaint pursuant thereto that such
complaint has been issued.
Appendix B – South Burlington’s Existing Performance Standards
A.3 Noise
(a) The following acts are declared to be loud, disturbing and unnecessary noises and shall be
deemed detrimental to the health and safety of the residents of the City of South
Burlington:
(i) Defect in vehicle or operation of vehicle. The operatfon of any automobile or
motorcycle in such a manner as to create squealing, or squealing of tfres, or loud and
unnecessary gratfng, grinding, exploding-type, rattling, or other noises.
(ii) Loud speakers, amplifiers for advertising. The using, operatfng or permitting to be
played, used or operated of any radio receiving set, musical instrument, phonograph,
loud speaker, sound amplifier, or other machine or device for the producing or
reproducing of sound which is cast upon the public streets for the purpose of
commercial advertfsing or attractfng the attentfon of the public.
(iii) Horns, signaling devices, etc. The sounding of any horn or signal on any automobile,
motorcycle or other vehicle except as a danger warning; the creatfon, by means of any
other signaling device, of any unreasonable loud or harsh sound; and the sounding of
any such device for unnecessary and/or unreasonable periods of tfme.
(iv) Radios, phonographs, etc. The using, operatfng or permitting to be played, used or
operated of any radio or television receiving set, musical instrument, phonograph, or
other machine or device for producing or reproducing of sounds in such a manner as to
disturb the peace, quiet and comfort of the neighboring inhabitants or any tfme with
louder volume than is necessary for convenient hearing for the person or persons who
are in the room, vehicle or chamber in which such a machine or device is operated and
who are voluntary listeners thereto.
(v) Exhaust. The discharge into the open air of the exhaust of any steam engine, internal
combustfon engine, motor boat, or motor vehicle, except through a muftfer or other
device which will effectfvely prevent loud or explosive noises therefrom.
(vi) Noise in General. Any noise which is deemed objectfonable because of volume,
frequency or beat and is not muftfed or otherwise controlled.
(b) Specific Standards.
(i) The creatfon of, permitting or operatfon of any of the above sets, instruments,
devices or vehicles causing said noise in such a manner as to be plainly audible at a
distance of fifly feet (50’) from the building, structure or vehicle from which noise
emanates shall be prima facie evidence of a nuisance and a violatfon of these
Regulatfons.
(ii) It shall be a violatfon of these Regulatfons for any property owner to create or allow
the creatfon of noise in excess of the following stated limits in the City during the
hours of 12:00 AM and 8:00 AM:
a. 45 dBA based on a one-hour average measured at any point where the property
on which the noise emanates adjoins any property used for residentfal purposes.
b. 60 dBA based on a one-hour average measured at any point where the property
on which the noise emanates adjoins any property used for commercial
purposes.
(iii) For purposes of this Appendix, the following terms shall be defined as stated
below:
a. Decibel – a unit measure of sound level.
b. Sound level – in decibels measured by a sound meter, by using the “A” frequency
weighing, expressed in dBA.
c. Average sound level – a sound level during a given period of tfme (e.g. one hour)
found by the general rule of combinatfon of sound levels. Also called “equivalent
sound level.”
(c) Exemptions.
(i) Speakers, sound trucks, amplifiers, etc. used for commercial purposes as advertfsing
for which a proper permit has been issued are specifically exempt from the
provisions of these Regulatfons.
(ii) Emergency vehicles operated by fire, rescue and police agencies are specifically
exempt from the provisions of these Regulatfons.
(iii) Temporary actfons benefitfng the public, including but not limited to roadway
constructfon, sewer and water line constructfon, and special public events, are
specifically exempt from the provisions of these Regulatfons upon approval of such
an exemptfon by the City Manager.
(d) Sound Measurement Standards. Sound shall be measured in accordance with the standards
specified by the American Natfonal Standards Instftute.
Appendix C – Consolidated and Harmonized Noise Standards for the Nuisance Ordinance
DIVISION 2. EXCESSIVE NOISE
Sec. 14-50. Purpose.
The purpose of this division is to preserve the public health, safety, and welfare by prohibitfng
excessive and disturbing noise and to prevent noise which is prolonged or unsuitable for the
tfme and place and which is detrimental to the peace and good order of the community. It is
the goal of this sectfon to allow all persons of the city to peacefully coexist in a manner which is
mutually respectiul of the interests and rights of others.
Sec. 14-51. General prohibition.
It shall be unlawful for any person to make or cause to be made any loud or unreasonable
noise. Noise shall be deemed unreasonable when it disturbs, injures or endangers the peace or
health of a person or when it endangers the health, safety or welfare of the community. Any
such noise shall be considered to be a noise disturbance and a public nuisance.
Sec. 14-52. Express prohibitions.
The following acts, which enumeratfon shall not be deemed to be exclusive, are declared to be
noise disturbances:
(1) Operatfng or permitting the use or operatfon of any musical instrument, radio, television,
phonograph, or other device for the productfon or reproductfon of sound in such a manner as
to be plainly audible through walls or floors between units within the same building, from
another property or from the street between the hours of 10:00 p.m. and 7:00 a.m. or in such a
manner as to unreasonably disturb the peace, quiet or comfort of the public.
(2) The operatfon or permitting the operatfon of any radio, stereo or other sound amplificatfon
equipment from a motor vehicle that is audible at 25 feet from such vehicle. The term "motor
vehicle" means any car, truck or motorcycle.
(3) Notwithstanding sectfon 14-51, it shall be unlawful for any person who is partfcipatfng in a
party or other social event to actfvely make unreasonably loud noise. The term "party or other
social event" means a gathering upon the premises of one or more persons not residing at the
premises. Unreasonably loud noise is noise that unreasonably interferes with the peace or
health of members of the public or is plainly audible between the hours of 10:00 p.m. and 7:00
a.m. through the walls between units within the same building, from another property or from
the street. It shall also be unlawful for any resident of a premises under his control to allow a
party or other social event occurring in or about the premises to produce unreasonably loud
noise. There is a rebuttable presumptfon that all residents of the premises have allowed such
party or other social event to occur in or about the premises. All residents of the premises are
responsible for such unreasonable noise made, each having joint and several liability.
(4) Operatfng or permitting or directfng the operatfon of any power equipment or machinery
outdoors between the hours of 9:00 p.m. and 7:00 a.m., except in emergency situatfons or by
permission of the city manager.
(5) Noise resultfng from the excavatfon, demolitfon, erectfon, constructfon, alteratfon or repair
of any premises or structure between the hours of 9:00 p.m. and 7:00 a.m., except in
emergency situatfons or by permission of the city manager.
(6) Persons keeping or harboring any dog or cat which, by frequent or long-contfnued noise,
disturbs the comfort or repose of persons in the vicinity.
(7) Noise related to trash pick-up and removal between the hours of 8:00 p.m. and 7:00 a.m. in
residentfal areas.
(8) The using, operatfng or permitting to be played, used or operated of any radio receiving set,
musical instrument, phonograph, loud speaker, sound amplifier, or other machine or device for
the producing or reproducing of sound which is cast upon the public streets for the purpose of
commercial advertfsing or attractfng the attentfon of the public. The use of loudspeakers or
other sound amplificatfon equipment upon the public streets for the purpose of commercial
advertfsing or attractfng the attentfon of the public to any building or site.
(9) The operatfon of any automobile or motorcycle in such a manner as to create squealing, or
squealing of tfres, or loud and unnecessary gratfng, grinding, exploding-type, rattling, or other
noises.
(10) The sounding of any horn or signal on any automobile, motorcycle or other vehicle except
as a danger warning; the creatfon, by means of any other signaling device, of any unreasonable
loud or harsh sound; and the sounding of any such device for unnecessary and/or unreasonable
periods of tfme.
(11) The discharge into the open air of the exhaust of any steam engine, internal combustfon
engine, motor boat, or motor vehicle, except through a muftfer or other device which will
effectfvely prevent loud or explosive noises therefrom.
(12) Any noise which is deemed objectfonable because of volume, frequency or beat and is not
muftfed or otherwise controlled.
Section 14-53 Specific Standards
(1) The creatfon of, permitting or operatfon of any of the above sets, instruments, devices or
vehicles described in Sectfon 14-52 clauses (8) through (12) causing said noise in such a
manner as to be plainly audible at a distance of fifly feet (50’) from the building, structure or
vehicle from which noise emanates shall be prima facie evidence of a nuisance and a
violatfon of these Regulatfons.
(2) It shall be a violatfon of these Regulatfons for any property owner to create or allow the
creatfon of noise in excess of the following stated limits in the City during the hours of 12:00
AM and 8:00 AM:
b. 60 dBA measured at any point where the property on which the noise emanates
adjoins any property used for commercial purposes.
(3) It shall be a violatfon of these Regulatfons for any property owner to create or allow the
creatfon of noise in excess of the following stated limits in the City:
a. during the hours of 10:00 PM18 through 8:00 AM, 45 dBA measured at any point
where the property on which the noise emanates adjoins any property used for
residentfal purposes.
b. during the hours of 8:00 AM through 10:00 PM, 60 dBA measured at any point
where the property on which the noise emanates adjoins any property used for
residentfal purposes.
(4) Sound Measurement Standards. Sound shall be measured in accordance with the standards
specified by the American Natfonal Standards Instftute.
(5) For purposes of this Sectfon, the following terms shall be defined as stated below:
a. Decibel – a unit measure of sound level.
b. Sound level – in decibels measured by a sound meter, by using the “A” frequency
weighing, expressed in dBA.
c. Sound levels shall be measured as maximum sound levels using Fast Time
weightfng (LAFmax for dBA measurements).19
Sec. 14-54. Exemptions.
Noise from the following sources shall be exempt from the prohibitfons specified herein:
18 We adjusted this from 12:00 AM to 10:00 PM.
19 We adjusted this from the standard of a one hour average to LAFmax based on discussions with Les Blomberg
from the Noise Pollutfon Clearinghouse. A one hour average does not really capture the impact of noise. LAFmax
measures noise over a tfme constant of 1/8 second. We should further consider whether using dBC (which is more
responsive to bass) would be more appropriate than dBA.
(1) All safety signals and warning devices or any other device used to alert persons to any
emergency or used during the conduct of emergency work, including, but not limited to, police,
fire and rescue vehicle sirens.
(2) The repair and maintenance of municipal facilitfes, services or public utflitfes when such
work must be accomplished outside daytfme hours.
(3) Snow removal equipment operated within the manufacturer's specificatfons and in proper
operatfng conditfon.
(4) Musical, recreatfonal and athletfc events conducted by and on the site of a school,
educatfonal instftutfon, park, or recreatfonal area.
(5) Events and actfvitfes conducted by or permitted by the city. Persons operatfng an event or
actfvity under authority of an entertainment permit, parade/street event permit, or parks
special use permit shall comply with all conditfons of such permits or licenses with respect to
noise control issues.
(6) Constructfon or repair work which must be done to address an emergency health or safety
concern and that cannot be accomplished during daytfme hours and which is not work which
includes normal maintenance and repair.
(7) Speakers, sound trucks, amplifiers, etc. used for commercial purposes as advertfsing for
which a proper permit has been issued.
(8) Properly muffled equipment for the maintenance of lawns and grounds during the hours of
8:00 am to 8:00 pm.
[(9) For each project, the one-time short-term operation (less than 10 days) during week days
between the hours of 9:00 a.m. and 5:00 p.m. of mobile construction equipment
(jackhammers, backhoes, drills, saws, grinders and similar equipment) at no more than 75 dBA
measured at any point where the property on which the noise emanates adjoins any property
used for residential purposes.]20
(9) Any other specific functfon as approved by the city manager.
Sec 14-55 Small Lawn Equipment
Notwithstanding Sectfon 14-54(8), beginning January 1, 2026 (a) no leaf blower which has an
ANSI Manufacturer sound ratfng at 50 feet in excess of 65 dBA shall be operated within the City
of South Burlington [and (b) no weed whacker or hedge trimmer shall operate at a level in
20 For discussion.
excess of 65 dBA measured at any point where the property on which the noise emanates
adjoins any property used for residentfal purposes].
Sec. 14-56. Notification.
The city may notffy the owner of any property upon which a violatfon of this sectfon has
occurred and a person has been issued a municipal complaint pursuant thereto that such
complaint has been issued.
(a)
(b)
(c)
Chapter 14 - ENVIRONMENT
ARTICLE I. - IN GENERAL
Secs. 14-1—14-18. - Reserved.
ARTICLE II. - NUISANCES
Footnotes:
--- (1) ---
State Law reference— Nuisances on railroad tracks crossing streets, highways, 5 V.S.A. § 3588; unauthorized signs, signals,
prohibited public nuisance, 23 V.S.A. § 1027; air pollution control, 10 V.S.A. § 551 et seq.; authority to declare and abate nuisances,
24 V.S.A. § 2291(13), (14).
DIVISION 1. - GENERALLY
Sec. 14-19. - Purpose and authority.
The ordinance from which this article is derived is enacted pursuant to the authority granted to the city
to promote the public health, safety, welfare, and convenience contained in 24 V.S.A. § 2291 and section
13-104 of the Charter.
It is the purpose of this article to preserve the public health, safety, and welfare by prohibiting general
nuisance behavior which is unreasonable or unsuitable for a particular time and place, and which,
consequently, is detrimental to the peace and good order of the community. It is the goal of this article
to allow all persons of the city to peacefully coexist in a manner which is mutually respectful of the
interests and rights of each other. Typically, nuisance behavior disrupts the public peace and affects the
quality of life within the community.
The ordinance from which this article is derived shall be a civil ordinance within the meaning of 24 V.S.A.
ch. 59.
(Ord. of 4-21-2008, §§ 1, 3; Ord. of 10-19-2015(2), § 1; Ord. of 5-22-2018, § 1)
Sec. 14-20. - De nitions.
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:
Public place means a place where a governmental entity has title to or which the public or a substantial group of
persons has access, including, but not limited to, any street, highway, parking lot, plaza, transportation structure,
facility or vehicle, school, place of amusement, park, playground or sidewalk or to the doorways and entrances to
buildings or dwellings, or grounds enclosing them thereupon.
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(a)
(b)
(c)
(Ord. of 4-21-2008, § 2; Ord. of 10-19-2015(2), § 2; Ord. of 5-22-2018, § 2)
Sec. 14-21. - Enforcement.
Any person who violates a provision of this article shall be subject to a violation which shall be
punishable as a civil violation pursuant to section 1-14.
Each day the violation continues shall constitute a separate offense.
Police officers shall be authorized to act as issuing municipal officials to issue and pursue before the
judicial bureau a municipal complaint. A municipal complaint may, at the discretion of the issuing official,
be dismissed or a civil penalty or waiver fee may be reduced, upon the successful completion of a
reparative justice program through the city community justice center.
(Ord. of 10-19-2015(2), § 7; Ord. of 5-22-2018, § 7)
Sec. 14-22. - Waiver fee.
An issuing municipal official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following
amount, for any person who declines to contest a municipal complaint and pays the waiver fee:
Waiver Fees - Nuisances
First o ense $100.00
Second o ense $250.00
Third o ense $400.00
Fourth o ense $550.00
Fifth and subsequent o enses $700.00
(Ord. of 10-19-2015(2), § 8; Ord. of 5-22-2018, § 8)
Sec. 14-23. - Other relief.
In addition to the enforcement procedures available before the judicial bureau, the city manager is authorized to
commence a civil action to obtain injunctive relief and other appropriate relief, or to pursue any other remedy
authorized by law.
(Ord. of 4-21-2008, § 8; Ord. of 10-19-2015(2), § 9; Ord. of 5-22-2018, § 9)
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(2)
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State Law reference— Judicial bureau, 4 V.S.A. § 1102 et seq.; complaint signed by the issuing municipal official for
civil ordinance violation, 24 V.S.A. § 1977.
Secs. 14-24—14-49. - Reserved.
DIVISION 2. - EXCESSIVE NOISE
Footnotes:
--- (2) ---
State Law reference— List of powers, 24 V.S.A. § 2291.
Sec. 14-50. - Purpose.
The purpose of this division is to preserve the public health, safety, and welfare by prohibiting excessive and
disturbing noise and to prevent noise which is prolonged or unsuitable for the time and place and which is
detrimental to the peace and good order of the community. It is the goal of this section to allow all persons of the
city to peacefully coexist in a manner which is mutually respectful of the interests and rights of others.
(Ord. of 4-21-2008, § 4A; Ord. of 10-19-2015(2), § 3(A); Ord. of 5-22-2018, § 3(A))
Sec. 14-51. - General prohibition.
It shall be unlawful for any person to make or cause to be made any loud or unreasonable noise. Noise shall be
deemed unreasonable when it disturbs, injures or endangers the peace or health of a person or when it endangers
the health, safety or welfare of the community. Any such noise shall be considered to be a noise disturbance and a
public nuisance.
(Ord. of 4-21-2008, § 4B.1; Ord. of 10-19-2015(2), § 3(B); Ord. of 5-22-2018, § 3(B))
Sec. 14-52. - Express prohibitions.
The following acts, which enumeration shall not be deemed to be exclusive, are declared to be noise
disturbances:
Operating or permitting the use or operation of any musical instrument, radio, television,
phonograph, or other device for the production or reproduction of sound in such a manner as to be
plainly audible through walls or floors between units within the same building, from another
property or from the street between the hours of 10:00 p.m. and 7:00 a.m. or in such a manner as to
unreasonably disturb the peace, quiet or comfort of the public.
The operation or permitting the operation of any radio, stereo or other sound amplification
equipment from a motor vehicle that is audible at 25 feet from such vehicle. The term "motor
vehicle" means any car, truck or motorcycle.
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Notwithstanding section 14-51, it shall be unlawful for any person who is participating in a party or other social
event to actively make unreasonably loud noise. The term "party or other social event" means a gathering upon
the premises of one or more persons not residing at the premises. Unreasonably loud noise is noise that
unreasonably interferes with the peace or health of members of the public or is plainly audible between the hours
of 10:00 p.m. and 7:00 a.m. through the walls between units within the same building, from another property or
from the street. It shall also be unlawful for any resident of a premises under his control to allow a party or other
social event occurring in or about the premises to produce unreasonably loud noise. There is a rebuttable
presumption that all residents of the premises have allowed such party or other social event to occur in or about
the premises. All residents of the premises are responsible for such unreasonable noise made, each having joint
and several liability.
Operating or permitting or directing the operation of any power equipment or machinery outdoors
between the hours of 9:00 p.m. and 7:00 a.m., except in emergency situations or by permission of
the city manager.
Noise resulting from the excavation, demolition, erection, construction, alteration or repair of any
premises or structure between the hours of 9:00 p.m. and 7:00 a.m., except in emergency situations
or by permission of the city manager.
The use of loudspeakers or other sound amplification equipment upon the public streets for the
purpose of commercial advertising or attracting the attention of the public to any building or site.
Persons keeping or harboring any dog or cat which, by frequent or long-continued noise, disturbs the
comfort or repose of persons in the vicinity.
Noise related to trash pick-up and removal between the hours of 8:00 p.m. and 7:00 a.m. in
residential areas.
(Ord. of 4-21-2008, § 4B.2; Ord. of 10-19-2015(2), § 3(C)(1); Ord. of 5-22-2018, § 3(C))
Sec. 14-53. - Exemptions.
Noise from the following sources shall be exempt from the prohibitions specified herein:
All safety signals and warning devices or any other device used to alert persons to any emergency or
used during the conduct of emergency work, including, but not limited to, police, fire and rescue
vehicle sirens.
The repair and maintenance of municipal facilities, services or public utilities when such work must
be accomplished outside daytime hours.
Snow removal equipment operated within the manufacturer's specifications and in proper operating
condition.
Musical, recreational and athletic events conducted by and on the site of a school, educational
institution, park, or recreational area.
Events and activities conducted by or permitted by the city. Persons operating an event or activity
under authority of an entertainment permit, parade/street event permit, or parks special use permit
shall comply with all conditions of such permits or licenses with respect to noise control issues.
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(7)
Construction or repair work which must be done to address an emergency health or safety concern
and that cannot be accomplished during daytime hours and which is not work which includes normal
maintenance and repair.
Any other specific function as approved by the city manager.
(Ord. of 4-21-2008, § 4C; Ord. of 10-19-2015(2), § 3(C)(2); Ord. of 5-22-2018, § 3(D))
Sec. 14-54. - Noti cation.
The city may notify the owner of any property upon which a violation of this section has occurred and a person
has been issued a municipal complaint pursuant thereto that such complaint has been issued.
(Ord. of 4-21-2008, § 4D; Ord. of 10-19-2015(2), § 3(D); Ord. of 5-22-2018, § 3(E))
Secs. 14-55—14-81. - Reserved.
DIVISION 3. - UNSAFE OR UNSANITARY CONDITIONS
Footnotes:
--- (3) ---
State Law reference— Unsanitary or unsafe buildings, 24 V.S.A. § 4001 et seq.; unsafe or adulterated drugs, cosmetics, foods, etc.,
18 V.S.A. § 4001 et seq.; food establishments, 18 V.S.A. § 4301 et seq.
Sec. 14-82. - Urination and defecation.
No person shall urinate or defecate on any street, in a park or other public place, except in facilities specifically
provided for this purpose. Such practice is hereby declared to be a public nuisance.
(Ord. of 4-21-2008, § 5; Ord. of 10-19-2015(2), § 4; Ord. of 5-22-2018, § 4)
Sec. 14-83. - Improper use of privately controlled waste containers.
The dumping of household, construction, or other forms of waste in privately controlled waste containers shall
be a violation of this section.
(Ord. of 4-21-2008, § 7; Ord. of 10-19-2015(2), § 6; Ord. of 5-22-2018, § 6)
Secs. 14-84—14-109. - Reserved.
DIVISION 4. - DEFACING BUILDINGS, STRUCTURES AND SIGNS
Footnotes:
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State Law reference— Damage to buildings and appurtenances, 13 V.S.A. § 3701 et seq.; unlawful mischief, 13 V.S.A. § 3701;
damage cause by rioters, 13 V.S.A. § 905; damage to fences, 24 V.S.A. § 3809; parents' liability for damage by minors, 15 V.S.A. §
901; removal, damage, etc. of roadside growth, 19 V.S.A. § 901 et seq.
Sec. 14-110. - Unlawful acts.
No person shall apply or cause to be applied any paint, varnish, lead, crayon, wax, ink, dye or other indelible
substance, nor shall any person carve, chisel or write any figure or letter on the exterior or interior walls or on the
windows of any building or structure or deface any sign without having first secured authority from the owner of
such building or his duly authorized agent to do so. Such practice is hereby declared to be a public nuisance.
(Ord. of 4-21-2008, § 6; Ord. of 10-19-2015(2), § 5; Ord. of 5-22-2018, § 5)
Secs. 14-111—14-161. - Reserved.
ARTICLE III. - SMOKING IN PLACES OF PUBLIC ACCESS
Footnotes:
--- (5) ---
State Law reference— Authority to regulate smoking, 24 V.S.A. § 2291(14); smoking in the workplace, 18 V.S.A. § 1421 et seq.;
smoking in public places, 18 V.S.A. § 1741 et seq.
Sec. 14-162. - Purpose and authority.
The ordinance from which this article is derived is adopted by the city council under authority conferred by 24
V.S.A. § 2291(14), 18 V.S.A. ch. 37, and sections 13-103 and 13-104 of the Charter. It is the purpose of this article to
promote the public health, safety and welfare of residents of and visitors to the city by prohibiting smoking in
places of public access. The ordinance from which this article is derived shall constitute a civil ordinance within the
meaning of 24 V.S.A. ch. 59.
(Ord. of 5-3-2004, §§ 2, 3; Ord. of 1-2-2018, § 1)
Sec. 14-163. - De nitions.
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:
Place of public access has the same meaning contained in 18 V.S.A. § 1741(2), as now enacted or hereafter
amended.
Publicly owned buildings and offices has the same meaning contained in 18 V.S.A. § 1741(2), as now enacted or
hereafter amended.
Tobacco products has the same meaning contained in 7 V.S.A. § 1001, as now enacted or hereafter amended.
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(b)
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(2)
(3)
(a)
(b)
(c)
(d)
Tobacco substitutes has the same meaning contained in 7 V.S.A. § 1001, as now enacted or hereafter amended.
(Ord. of 5-3-2004, § 4; Ord. of 1-2-2018, § 2)
Sec. 14-164. - Smoking prohibited.
All persons shall be prohibited from possessing any lighted tobacco products or using tobacco
substitutes in the common areas of all enclosed indoor places of public access and publicly owned
buildings and offices.
No person who owns, manages, operates or otherwise controls any premises described above shall
knowingly allow any person to possess any lighted tobacco products or use tobacco substitutes at any
time such property is open to the public.
(Ord. of 5-3-2004, § 5; Ord. of 1-2-2018, § 3)
State Law reference— Similar provisions, 18 V.S.A. § 1742.
Sec. 14-165. - Exceptions.
The restrictions in section 14-164 on possession of lighted tobacco products and use of tobacco substitutes shall
not apply to:
Buildings owned and operated by social, fraternal, or religious organizations when used by the
membership of the organization, their guests or families, or any facility that is rented or leased for
private functions from which the public is excluded and for which arrangements are under the
control of the sponsor of the function;
Areas of owner-operated businesses with no employees not commonly open to the public;
Use of tobacco substitutes in a business that does not sell food or beverages but is established for
the sole purpose of providing a setting for patrons to purchase and use tobacco substitutes and
related paraphernalia.
(Ord. of 5-3-2004, § 6; Ord. of 1-2-2018, § 4)
State Law reference— Exceptions, 18 V.S.A. § 1743.
Sec. 14-166. - Enforcement.
Any person who violates a provision of this article or who violates any condition of a license issued
hereunder shall be subject to a violation which shall be punishable as a civil violation pursuant to section
1-14.
Any city police officer shall be authorized to act as the issuing municipal official to issue and pursue
before the judicial bureau a municipal complaint.
Each day the violation continues shall constitute a separate violation.
A municipal complaint may, at the discretion of the issuing municipal official, be dismissed upon the
successful completion of a restorative justice program through the city community justice center.
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(Ord. of 5-3-2004, § 8; Ord. of 1-2-2018, § 5)
Sec. 14-167. - Waiver fee.
An issuing municipal official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following
amount, for any person who declines to contest a municipal complaint and pays the waiver fee:
Waiver Fees - Smoking in Places of Public Access
First o ense $100.00
Second o ense $250.00
Third o ense $400.00
Fourth o ense $550.00
Fifth and subsequent o enses $700.00
(Ord. of 5-3-2004, § 8; Ord. of 1-2-2018, § 6)
Sec. 14-168. - Other relief.
In addition to the enforcement procedures available before the judicial bureau, the city manager is authorized to
commence a civil action to obtain injunctive and other appropriate relief or to pursue any other remedy authorized
by law.
(Ord. of 5-3-2004, § 8; Ord. of 1-2-2018, § 7)
State Law reference— Judicial bureau, 4 V.S.A. § 1102 et seq.; complaint signed by the issuing municipal official for
civil ordinance violation, 24 V.S.A. § 1977.
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180 Market St South Burlington, VT 05403 802-846-4105
August 5, 2024
The following 2024 First and Third Class Liquor Licenses and Outside Consumption Permit were approved
by the South Burlington Liquor Control Board after review by the City tax, fire and police departments:
NAME DESCRIPTION
Inn at Burlington, The First Class Hotel License
Myer’s Wood Fired Third Class Restaurant/Bar License & Outside Consumption
Permit
SOUTH BURLINGTON LIQUOR CONTROL BOARD
_______ ______
Mike Scanlan Laurie Smith
______ _______
Tim Barritt Elizabeth Fitzgerald
_______
Andrew Chalnick