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HomeMy WebLinkAboutAgenda - City Council - 08/19/2024CITY COUNCIL MEETING AGENDA AUGUST 19, 2024 Participation Options In Person: 180 Market Street, Main Floor, Auditorium Assistive Listening Service Devices available upon request Electronically: https://meet.goto.com/SouthBurlingtonVT/citycouncilmeeting08-19-2024 You can also dial in using your phone (312) 757-3121 Access Code: 555-988-741 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 Resolution 2024-19 adopting the South Burlington, Vermont Municipal Informational and Guidance Sign system C.*** Approve the selection of CRO Planning & Design to complete the Parks and Open Space Master Plan and authorize the City Manager to execute a contract with them D.*** Approve Resolution 2024-17 updating the City's Ambulance Fees E.*** Receive an update on efforts around the intersection of Market Street and the Rick Marcotte Central School access road to ensure the needs and safety of all users are met F.*** Accept easements with Investors Corporation of Vermont for the Kennedy Drive Stormwater Pond #7 G.*** Accept easements with Treetop Park Association, Inc. for the Kennedy Drive Stormwater Pond #7 H.*** Approve and authorize the City Council Chair to sign the documents related to Loan RF1-353-2.0 to support the Airport Parkway Solids Handling Improvement Project 180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4107 | WWW.SOUTHBURLINGTONVT.GOV 7.*** Public Hearing - Warned for 7:00 p.m.: Hold a third Reading and second Public Hearing on an update to the Sewer and Stormwater Ordinance – David Wheeler, Water Resources Engineer, Marisa Rorabaugh, Stormwater Superintendent (7:00–7:20 p.m.) 8.*** Potential Action: Approve the Sewer and Stormwater Ordinance update as presented –David Wheeler, Water Resources Engineer, Marisa Rorabaugh, Stormwater Superintendent (7:20–7:35 p.m.) 9.*** Potential Action: Approve Resolution 2024-18 to adopt the Stormwater Credit Manual as presented – Marisa Rorabaugh, Stormwater Superintendent (7:35–7:50 p.m.) 10.Discussion: Receive an update from the Burlington International Airport, Airport Commission – Helen Riehle, Airport Commissioner (7:50–8:10 p.m.) 11.*** Discussion and Possible Action: Receive a request from the Charter Committee to expand the City Council and provide direction to staff – City Council (8:10–8:40 p.m.) 12.*** Discussion and Possible Action: Receive an update on Pickleball operations at Szymanski Park and possibly approve a Fund Balance request for sound mitigation – Adam Matth, Director of Recreation & Parks (8:40–9:00 p.m.) 13.*** Potential Action: Hold a first Reading of Land Development Regulation Amendments #LDR-24-01 to LDR-24-10 as recommended by the Planning Commission and related to the requirements of Acts 47 and 18 and City goals on housing, climate change, and transportation. Set a public hearing for September 16, 2024 at 7:00 p.m. – Paul Conner, Planning & Zoning Director (9:00–9:30 p.m.) 14.*** Discussion and Possible Action: Receive an update on the new ARPA guidance from the US Treasury. Possibly approve the use of ARPA funds for contracted Capital Improvement projects or provide direction to staff – Jessie Baker, City Manager (9:30–9:50 p.m.) 15.Other Business (9:50–10:00 p.m.) 16.Possible executive session pursuant to 1 V.S.A. §313(a)(1)(B) to discuss labor relations agreements with employees, specifically the South Burlington Police Officers Association 17.Adjourn Respectfully submitted: Jessie Baker City Manager ***Attachments included Champlain Water District Check/Voucher Register - Check Report by Fund From 8/20/2024 Through 8/20/2024 Check Date Check Number Vendor Name Invoice Description Check Amount Invoice Number 8/20/2024 4800 Aldrich & Elliott, PC Prof Services for June 30-July 27, 2024 on So Burlington East Tank - Tank#2 21,002.88 82412 8/20/2024 4801 Bevins & Son Inc.Dorset Street Washout & break site 5,975.00 20124 8/20/2024 4802 Champlain Water District - Retail Retail to SBWD - July 2024 74,400.80 SBWD-412 8/20/2024 4803 Champlain Water District Wholesale to SBWD - July 2024 195.16 SBWD-405 8/20/2024 Champlain Water District Water Consumption - July 2024 175,448.64 WTRCONSUMP-073124 8/20/2024 4804 E.J. Prescott Marking Paint 94.85 6360815 8/20/2024 E.J. Prescott VT Air Guard Meter 78.44 6363890 8/20/2024 E.J. Prescott Curb Stop Repair 190.13 6363959 8/20/2024 4805 MSK Engineers Project 1460-001 23,608.32 16929 8/20/2024 4806 Office Essentials of Vermont Copy Paper 257.07 40255 8/20/2024 4807 South Burlington Sewer Department July 2024 Sewer Billings 396,831.85 SEWER-073124 8/20/2024 4808 South Burlington Stormwater Department July 2024 Stormwater Fees 276,332.88 STORM-073124 8/20/2024 4809 Snyder Construction Company Overpaid Water Allocation Fee 1,777.50 REFUND-080624 8/20/2024 4810 Vermont Community Newspaper Group Public Hearing Notice-Adoption of Proposed Amendments to SB Water Ordinance-Run Date 7/3/24 266.00 291601 8/20/2024 Vermont Community Newspaper Group Public Hearing Notice -Adoption of Proposed Amendments to SB Water Ordinance - Run Date 7/25/24 308.00 292355 Report Total 976,767.52 70 - South Burlington Water Department SOUTH BURLINGTON CITY COUNCIL Date: 7/30/2024 5:58:04 AM Page: 1 180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4112 | WWW.SOUTHBURLINGTONVT.GOV • • 2 3 – Sign System Family 5 – Primary Park ID (ID.p) 7 – Secondary Park ID (ID.s) 9 – Urban & Neighborhood Park ID (ID.u & ID.n) 13 – Parking (P) 15 – Auto Directionals (AD) 17 – Bike Directionals (BD) 19 – Primary Kiosk (K.p) 22 – Secondary Kiosk (K.s) 28 – Interpretive Signs (I) 34 – Primary & Secondary Trail Marker (T.p & T.s) 38 – Regulatory/Warning (R) 41 – Boundary Marker (BM) 43 – Playground (PL) 44 – Direct Burial Detail 47 – Design Standards 50 – Sign Hardware Specs Ta b l e o f C o n t e n t s 3 228 Maple St. Suite 32 Middlebury, VT 05753 P: (802) 388-3011F: (802) 388-1950 landworksvt.com 02.09.2017 n/a ISSUE DATE: SCALE: Park Signage Design Development DRAFT 03.29.2017 06.05.2017 06.19.2017 08.25.2017 Drawing for design intent only; Not intended for construction. Graphics on this design for demonstrative purposes only. Final layouts and messaging TBD.11| Sign System Family3/8” = 1’- 0” All Dogs Must Be On a Leash Please clean up after your dog No Jumping or Diving off Cliffs! You map strike submerged ojects and be KILLED or SERIOUSLY INJURED. DANGER All Dogs Must Be On a Leash Please clean up after your dog Regulatory/Warning (R) Ce n t r a l Ar e a Ou t e r Lo o p Trail Marker (T.s) SECONDARY Central Area0.2 mi. West Loop0.6 mi. Trail Marker (T.p) PRIMARY Int. Post (I)Kiosk (K.s) SECONDARY Kiosk (K.p) PRIMARY south burlingtonRECREATION PATH Help clean the park clean. Please clean up after you dog. wet l a n d e c o l o g y Bike Directional (BD) Red Rocks Park2.0 mi. Dorset St. 0.6 mi. Veterans Memorial Park 1.5 mi. To Exit Additional Parking Auto Directional (AD) Closed at Sunset Parking (P)Park ID (ID.u) URBAN Park ID (ID.n) NEIGHBORHOOD CITY PARK Park ID (ID.s) SECONDARY CITY PARK Park ID (ID.p) PRIMARY CITY PARK Si g n S y s t e m F a m i l y 7 228 Maple St. Suite 32 Middlebury, VT 05753 P: (802) 388-3011 F: (802) 388-1950 landworksvt.com 02.09.2017 n/a ISSUE DATE: SCALE: Park Signage Design Development DRAFT 03.29.2017 06.05.2017 06.19.2017 08.25.2017 Drawing for design intent only; Not intended for construction. Graphics on this design for demonstrative purposes only. Final layouts and messaging TBD.52a | Park ID - SECONDARY (ID.s)1/2” = 1’ CITY PARK ENTRANCE park 6” 2’-8” 3’-0” 4’-½” 7’-6” 5½” 5½” Park ID - Secondary (ID.s)Park ID - Secondary (ID.s) Park ID - Secondary (ID.s) Side ViewFront View Top View2.9 2.112.10 Front View Natural Area Park ID - Primary (ID.p)2.12 SIGN OVERVIEW The Secondary Park ID sign has a smaller footprint than the Primary sign and may be used when space is limited or as a gateway to secondary park en- trances. Sign content should be limited to 1) Park Logo & Name, 2) Park Type, and 3) Park Amenities/Restrictions. Sign may be single or double-sided as necessary. MATERIALS Posts 5" x 5" Cedar, with finial. Painted black (Natural wood finish for Natural Area parks only, or as approved by the CIty) Panels 0.125" Aluminum, powdercoated with applied reflective vinyl lettering and graphics. Mounted to ¾" thick MDO backer board and fixed to posts using Weatherproof/rustproof metal 'L' bracket with tamper-proof hardware. Cedar Post Sign Panel Sign Panel Post Finial For direct burial details, see sheet 34 of this set. Se c o n d a r y P a r k I D (I D . s ) 8 228 Maple St. Suite 32 Middlebury, VT 05753 P: (802) 388-3011 F: (802) 388-1950 landworksvt.com 02.09.2017 n/a ISSUE DATE: SCALE: Park Signage Design Development DRAFT 03.29.2017 06.05.2017 06.19.2017 08.25.2017 Drawing for design intent only; Not intended for construction. Graphics on this design for demonstrative purposes only. Final layouts and messaging TBD.62a | Park ID - SECONDARY (ID.s) DETAILS Park ID - Secondary (ID.s) Park ID - Secondary (ID.s) Park ID - Secondary (ID.s) Park ID - Secondary (ID.s) Side View Panel Details Front View Top View2.13 2.15 2.16 2.14 3/4” = 1’ CITY PARK CITY PARK 6” 1” 2’-8” 3’-0” 4’-½” 7’-6” 3” 5½” 5½” 3”2’- 6” 2’- 10” 3” 3” 3” 3” 3” 1’- 8” 2”2”2” 1½” 1¼” 1½” 1” 113/16” 1” 113/16” Park Type 5"x 5" Cedar Post Park Amenity Symbols Park Logo/Name For direct burial details, see sheet 34 of this set. MATERIALS Park Logo/Name 2'- 6" x 1'- 8" Area for Park Logo and Name. Color: Varies, see Design Standards section for more info. Applied reflective vinyl. Park Type Letter Height: 2" Font: Berkeley Oldstyle ITC - Black Color: White, Reflective Applied reflective vinyl. Park Amenity Symbols Symbol Area: 3"x 3", with 1¼" spacing between symbols Color: White, Reflective Weatherproof/rustproof metal 'L' bracket with tamper-proof hardware 9 228 Maple St. Suite 32 Middlebury, VT 05753 P: (802) 388-3011 F: (802) 388-1950 landworksvt.com 02.09.2017 n/a ISSUE DATE: SCALE: Park Signage Design Development DRAFT 03.29.2017 06.05.2017 06.19.2017 08.25.2017 Drawing for design intent only; Not intended for construction. Graphics on this design for demonstrative purposes only. Final layouts and messaging TBD.72b | Park ID - URBAN (ID.u) & NEIGHBORHOOD (ID.n) 6½”6½” 3’- ½” CITY PARK 3’-½”6½” 6’-0” 2’-8” 6” 1’-2” 6” 8” 1’-2” 6” 8” 7’-6” 4’-6” 6” 1/2” = 1’ Front View Top View Side View Front View Side View Top View Park ID - Urban (ID.u) Park ID - Urban (ID.u) Park ID - Urban (ID.u)Park ID - Neighborhood (ID.n)Park ID - Neighborhood (ID.n) Park ID - Neighborhood (ID.n) 2.18 2.17 2.19 2.21 2.22 2.20 SIGN OVERVIEW The Urban Park ID sign is similar in size to the Secondary ID sign, but features a stacked Cedar base instead of the typical posts. Also, the larger sign panel, with park name and logo, is designed to wrap around the Cedar base. It is recommended to use this sign as a gateway for City parks located in more urban areas. Sign content should be limited to 1) Park Logo & Name, 2) Park Type, and 3) Park Amenities/Restrictions. Sign may be single or double-sided as necessary. SIGN OVERVIEW The Neighborhood Park ID sign has the smallest footprint of all the ID signs and may be used when space is limited or as a gateway to secondary park entrances and trail heads. Sign content should be limited to 1) Park Logo & Name, 2) Park Type, and 3) Park Amenities/Restrictions. Sign may be single or double-sided as necessary. MATERIALS Wood Base 6" x 8" Cedar posts, 3'-0" in length, stacked to a height of 4'-0". Natural wood finish. See sheets 8-9 for more details. Panels Upper Sign 'Box' 0.125" Aluminum, powder-coated with printed lettering and graphics. To be shaped into box with open bottom and placed over Cedar base top. Lower Sign Panel 0.125" Aluminum, powder-coated with printed lettering and graphics. Fastened directly to Cedar base with tamper-proof hardware. MATERIALS Wood Base 6" x 6" Cedar, with finial. Painted black (Natural wood finish for Natural Area parks only, or as approved by the CIty) Panel ¾” Thick panel with 4”x 2” notch cut out of top left corner to fit into post. (see Pg. 9 for more details) Panel dimensions: 1’-0” x 4’-6”, Visible dimensions: 8” x 4’-6” Digitally printed CHPL (custom high pressure laminate), iZone Imaging or equal. Stacked Cedar Base Cedar Post Upper Sign Panel Sign Panel Lower Sign Panel For direct burial details, see sheet 35 of this set. For direct burial details, see sheet 34 of this set. Ur b a n & N e i g h b o r h o o d P a r k I D (I D . u & I D . n ) 10 228 Maple St. Suite 32 Middlebury, VT 05753 P: (802) 388-3011F: (802) 388-1950 landworksvt.com 02.09.2017 n/a ISSUE DATE: SCALE: Park Signage Design Development DRAFT 03.29.2017 06.05.2017 06.19.2017 08.25.2017 Drawing for design intent only; Not intended for construction. Graphics on this design for demonstrative purposes only. Final layouts and messaging TBD.82b | Park ID - URBAN (ID.u) DETAILS Front View Side View Top View Panel Details Park ID - Urban (ID.u)Park ID - Urban (ID.u) Park ID - Urban (ID.u) Park ID - Neighborhood (ID.n)2.24 2.25 2.23 2.26 CITY PARK 3’-½”6½” 6’-0” 2’-8” 6” CITY PARK 3/4” = 1’ 3¼”2’- 6” 2’- 10” 3¼” 3” 3” 3” 3” 1’- 8” 2” 2” 2” 1½” 1¼” 1½” 1¼”1¼” 113/16”113/16” 6½”6” 3’- ½” 3’- 0” Park Type Park Amenity Symbols Stacked Cedar Base. 6"x 8" Cedar sections beveled and glued together or constructed with counterbored Timberlok, or equal and continuous rod. (See sheet 9 for more details) Park Logo/Name Aluminum 'Sign Box' Aluminum Panel See sheet 9 for internal structure and details. For burial details, see sheet 35. MATERIALS Park Logo/Name 2'- 6" x 1'- 8" Area for Park Logo and Name. Color: Varies, see Design Standards section for more info. Graphics to be screened/printed on to aluminum panels. Applied vinyl (optional). Park Type Letter Height: 2" Font: Berkeley Oldstyle ITC - Black Color: White Graphics to be screened/printed on to aluminum panels. Applied vinyl (optional). Park Amenity Symbols Symbol Area: 3"x 3", with 1¼" spacing between symbols. Maximum of 8 symbols. Color: White 11 228 Maple St. Suite 32 Middlebury, VT 05753 P: (802) 388-3011F: (802) 388-1950 landworksvt.com 02.09.2017 n/a ISSUE DATE: SCALE: Park Signage Design Development DRAFT 03.29.2017 06.05.2017 06.19.2017 08.25.2017 Drawing for design intent only; Not intended for construction. Graphics on this design for demonstrative purposes only. Final layouts and messaging TBD.92b | Park ID - URBAN (ID.u) INTERNAL DETAILS Front Section View Side Section View Top View Park ID - Urban (ID.u)Park ID - Urban (ID.u) Park ID - Urban (ID.u) 2.24 2.25 2.23 3’-½”6½” 6’-0” 2’-8” 3/4” = 1’ 6½”6” 3’- ½” 3’- 0” 3’-½”6½” 6’-0” 2’-8” 3/4” = 1’ 6½”6” 3’- ½” 3’- 0” 6"x8" Cedar sections beveled and glued together or constructed with counterbored Timberlok or equal and continuous rod. All internal frame hardware to be counterbored. Counterbored 10" Timberlok or equal. All hardware to be tamperproof and rustproof. All visible hardware to be counter-sunk to be flush with panel surface. Paint/finish to match sign colors. Continuous metal rod, internal to Cedar sections Aluminum 'Sign Box' wraparound, tightly fitted over internal wood frame to eliminate any "oil-canning"/ ensure flush and uniform surface for sign message elements. Screw front of panel as necessary or P.T. framing. Internal wood frame made up of 2"x 4" Cedar For burial details, see sheet 34. Weatherproof/rustproof metal 'L' bracket 17 228 Maple St. Suite 32 Middlebury, VT 05753 P: (802) 388-3011 F: (802) 388-1950 landworksvt.com 02.09.2017 n/a ISSUE DATE: SCALE: Park Signage Design Development DRAFT 03.29.2017 06.05.2017 06.19.2017 08.25.2017 Drawing for design intent only; Not intended for construction. Graphics on this design for demonstrative purposes only. Final layouts and messaging TBD.155 | Bike Directional (BD) Red Rocks Park 2.0 mi. Dorset St. 0.6 mi. Veterans Memorial Park 1.5 mi. 1’-0” 5” 8’-0” 11”11”4” 2’-2” 4” 2’-2” 1/2” = 1’ Top View Front View Side View Bike Directional (BD) Bike Directional (BD)Bike Directional (BD) 5.1 5.2 5.3 Cedar Post Sign Panel Metal Bracket For burial details, see sheet 34. SIGN OVERVIEW The Bike Directional sign is designed to direct bike path travelers. These signs may be placed along bike paths and at path intersections. Sign content should be limited to 1) Directional Messaging & Arrows and 2) Destination Distance. Sign may be single or double-sided as necessary. MATERIALS Wood Post 4" x 4" Cedar post. Natural wood finish. Panels 0.125” Powder-coated aluminum panel, with surface applied vinyl messaging and graphics. Panel width: 11” (only 10" visible width) Panel lengths will vary based on messaging length. Mounting Bracket Aluminum direct Sign Mounts with an aluminum extrusion which has a channel for the 0.25" thick sign panels and fastened to wood post with tamper-proof bolts and lock nuts. Bracket lengths vary to match panel lengths. Bi k e D i r e c t i o n a l (B D ) 18 228 Maple St. Suite 32 Middlebury, VT 05753 P: (802) 388-3011F: (802) 388-1950 landworksvt.com 02.09.2017 n/a ISSUE DATE: SCALE: Park Signage Design Development DRAFT 03.29.2017 06.05.2017 06.19.2017 08.25.2017 Drawing for design intent only; Not intended for construction. Graphics on this design for demonstrative purposes only. Final layouts and messaging TBD.165 | Bike Directional (BD) - DETAILS Top View Top View Panel Detail 1½" = 1'0"Panel Detail 1½" = 1'0" Top View Bike Directional (BD) Bike Directional (BD) Bike Directional (BD)Bike Directional (BD) Bike Directional (BD) 5.4 5.5 5.7 5.8 5.6 Red Rocks Park 2.0 mi. Dorset St. 0.6 mi. Veterans Memorial Park 1.5 mi. Red Rocks Park 2.0 mi. Dorset St. 0.6 mi. Veterans Memorial Park 1.5 mi. 1’- 0 ” 5” 8’- 0 ” 11”11”4” 2’-2” 4” 2’-2” 1” 1” 1” 1’- 0 ” 1” 1”5” 1” 1”2¾” ¾” 2¾” ¾” ¾” ¾” 1½” 5¼”1” 1” 1” 1”1”2¾” ¾” 2¾” ¾” ¾” ¾” 1½” 5¼” 11” 1’- 2 ” 3/4” = 1’1½” = 1’ 4”x4” Cedar Post .25” powder-coated aluminum panel, with surface applied reflective vinyl messaging and graphics. Aluminum sign brackets with tamper-proof bolts and lock nuts, painted to match PMS 364 C. For burial details, see sheet 34. MATERIALS Arrow 2¾" x 2¾" Area for Arrow. Arrow direction must always match the direction the sign panel is pointing unless otherwise noted. Color: White Applied vinyl. Destination Text Letter Height: 1¼"Font: Clearview Highway - 3W Color: White Applied reflective vinyl. Distance Text Letter Height: 1" Font: Clearview Highway - 3W Color: White Applied vinyl. Path Graphic Color: White Applied reflective vinyl. 19 228 Maple St. Suite 32 Middlebury, VT 05753 P: (802) 388-3011 F: (802) 388-1950 landworksvt.com 02.09.2017 n/a ISSUE DATE: SCALE: Park Signage Design Development DRAFT 03.29.2017 06.05.2017 06.19.2017 08.25.2017 Drawing for design intent only; Not intended for construction. Graphics on this design for demonstrative purposes only. Final layouts and messaging TBD.17|PRIMARY (K.p) 2’-2½” 3’-11” 1½” 8” 3’-1”5”5”9”6” 5’-2” 9’-11” 5’-2” 3’-6”6” 8” 2’-0” 4’-6” 2’-0” 1’-2” 1/2” = 1’ Top View Front View Side View Kiosk - Primary (K.p) Kiosk - Primary (K.p)Kiosk - Primary (K.p) 6.1 6.2 6.3 Wood Post See sheet 36 for Footing and Burial details. Sign Panel Rafters Metal support. Metal roof. Beam SIGN OVERVIEW The Primary Kiosk is the largest and most detailed interpretive sign in the sign family. Information displayed on the larger information panel may include mapping, historic info, plant or wildlife info, photos, infographics, park regulations, amenities, or warnings. The smaller sign panel will display the Park Name and Logo. Sign Panels may be single or double-sided as necessary. MATERIALS Metal Support Galvanized steel support rod, with connectors through-bolted through roof and post. Roof (2)½" Exterior plywood sheets screwed and glued, screwed to rafters (12" O.C.) faced with galvanized sheet metal on top and underside (glued). Top sheet to wrap over sides, wrap up post and install aluminum flashing. Aluminum "L" fascia screwed to underside of roof, all sides (1' O.C., SS screws). seal top seam with clear exterior grade silicon caulk. Fascia on long sides of roof to extend ½" above top panel (water to drain off short sides) Beam & Rafters 2" x 7" Spanish Cedar, notched to fit over beam. 4" x 8" Spanish Cedar, notched to receive rafters, routed to receive panel below. Sign Panels 1" Thick exterior MDO panels, painted black sandwiched between graphic sign panels. (2)0.125" Graphic panels, Digitally printed CHPL (custom high pressure laminate), iZone Imaging or equal. Mounted directly onto MDO panel using tamper-proof bolts and lock nuts. Larger Panel Dimensions: 3'-1" x 3'-11" Smaller Panel Dimensions: 9" x 3'-11" Wood Posts (2) 4"x6" Spanish Cedar posts sandwiched and bolted together, notched to receive beam and panel. Pr i m a r y K i o s k (K . p ) 20 228 Maple St. Suite 32 Middlebury, VT 05753 P: (802) 388-3011F: (802) 388-1950 landworksvt.com 02.09.2017 n/a ISSUE DATE: SCALE: Park Signage Design Development DRAFT 03.29.2017 06.05.2017 06.19.2017 08.25.2017 186 | Kiosk - PRIMARY (K.p) DETAILS Top View Front View Side View Kiosk - Primary (K.p) Kiosk - Primary (K.p)Kiosk - Primary (K.p) 6.4 6.5 6.6 6” 1’-2”3’-6” 5’-2” 20 . 0 ˚ 18 . 5 ˚ 3’- 1 1 ” 9’- 1 1 ” 3’- 0 ” 2’- 2 ½ ” 1½” 11½” 8” 3’-1”9” 1’-2”3”3” 5’-2” 8” 4’-6” 4’-6” 1½” 3”7”2” TYP. 1/2” = 1’ Galvanized steel support rod, with connectors through-bolted through roof and post. Galvanized bolts and washers, countersunk, typ. (2) ½" Exterior plywood sheets screwed and glued, screwed to rafters (12" O.C.) faced with galvanized sheet metal on top and underside (glued). Top sheet to wrap over sides, wrap up post and install aluminum flashing. Aluminum "L" fascia screwed to underside of roof, all sides (1' O.C., SS screws). seal top seam with clear exterior grade silicon caulk. Fascia on long sides of roof to extend ½" above top panel (water to drain off short sides) Notes 1. All lumber to be Spanish Cedar, free of knots and splits (full-dimensional). 2.Unless otherwise noted, all steel components to be hot-dip galvanized. 3.All bolts, support rods, and structural components shall be sized to address wind and snow loads. 4.Contractor to provide shop drawings for landscape Architect review and approval prior to construction. 5.Panel content to be provided by CIty. 1" Thick exterior MDO panels, painted black sandwiched between graphic sign panels. (2) 0.125" Graphic panels, Digitally printed CHPL (custom high pressure laminate), iZone Imaging or equal. Mounted directly onto MDO panel using tamper-proof bolts and lock nuts. (2) 4"x6" Spanish Cedar posts sandwiched and bolted together, notched to receive beam and panel. See sheet 36 for Footing and Burial details. 2" x 7" White Oak Rafters, notched to fit over beam. 4" x 8" White Oak Beam, notched to receive rafters, routed to receive panel below. 21 228 Maple St. Suite 32 Middlebury, VT 05753 P: (802) 388-3011F: (802) 388-1950 landworksvt.com 02.09.2017 n/a ISSUE DATE: SCALE: Park Signage Design Development DRAFT 03.29.2017 06.05.2017 06.19.2017 08.25.2017 196 | Kiosk - PRIMARY (K.p) DETAILS Kiosk Identity Panel Detail Kiosk - Primary (K.p)6.7 1½” = 1’ 1¾” 8” 2’ 1 1 ” 3’- 1 1 ” ½” 1¾” 7” 9” Graphic Sign Panel Park Logo Park Name Park Type MATERIALS Park Name 7" x 2'- 11" Area for Park Name. Color: Varies, see Design Standards section for more info. Digitally printed on panel. Text: Park Name: Berkeley Oldstyle ITC-Black, 2" lowercase letter height Park Type: Universe 57 Condensed, 1" capital letter height Park Logo 7" x 8" Area for Park Logo. Color: Varies, see Design Standards section for more info. Digitally printed on panel. Sign Panel (1) 0.125" Graphic panel, Digitally printed CHPL (custom high pressure laminate), iZone Imaging or equal. Mounted directly onto MDO panel using tamper-proof bolts and lock nuts. Color: Dark Green, see Design Standards section for color values. 22 228 Maple St. Suite 32 Middlebury, VT 05753 P: (802) 388-3011 F: (802) 388-1950 landworksvt.com 02.09.2017 n/a ISSUE DATE: SCALE: Park Signage Design Development DRAFT 03.29.2017 06.05.2017 06.19.2017 08.25.2017 Drawing for design intent only; Not intended for construction. Graphics on this design for demonstrative purposes only. Final layouts and messaging TBD.206a| Kiosk - SECONDARY (K.s) 4” 4” 3’-6” 4”2’- 6” 3’- 2” 4” 6’-6” south burlingtonRECREATION PATH Help clean the park clean. Please clean up after you dog. 3/4” = 1’ Front View Top View Side SectionView Kiosk - Secondary (K.s) Kiosk - Secondary (K.s) Kiosk - Secondary (K.s)6.8 6.7 6.9 SIGN OVERVIEW The Secondary Kiosk is a smaller interpretive sign and may be used where space is limited or as a cheaper alternative to the Primary Kiosk. Information displayed on the information panel may include mapping, historic info, plant or wildlife info, photos, infographics, park regulations, amenities, or warnings. The Park Name should always be displayed on the bottom of the panel unless otherwise noted. Signs are single-sided with the option to have panels mounted on the backside of the post. MATERIALS Sign Panel 0.125" Graphic panel, Digitally printed CHPL (custom high pressure laminate), iZone Imaging or equal. Mounted directly onto Internal Wood Support using tamper-proof hardware. (Two panels if kiosk is double sided) Panel Dimensions: 2'-6" x 3'-6" Wood Posts (2) 4"x 4" Cedar posts, natural wood finish. Internal Wood Support (5) 2"x 2" Cedar posts, natural wood finish. See sheet 22 for details. Wood Post See sheet 34 for Burial details. Sign Panel Internal Wood Support, see sheet 22 for details. Se c o n d a y K i o s k (K . s ) 23 228 Maple St. Suite 32 Middlebury, VT 05753 P: (802) 388-3011F: (802) 388-1950 landworksvt.com 02.09.2017 n/a ISSUE DATE: SCALE: Park Signage Design Development DRAFT 03.29.2017 06.05.2017 06.19.2017 08.25.2017 Drawing for design intent only; Not intended for construction. Graphics on this design for demonstrative purposes only. Final layouts and messaging TBD.216a | Kiosk - SECONDARY (K.s) DETAILS Front View Top View Side View Kiosk - Secondary (K.s) Kiosk - Secondary (K.s) Kiosk - Secondary (K.s)6.11 6.10 6.12 4” 4” 3’-6” 4”2’- 6” 3’- 2” 4” 6’-6” south burlingtonRECREATION PATH Help clean the park clean. Please clean up after you dog. 3/4” = 1’ 4”x 4” Cedar Post Internal Wood Support, Cedar. See sheet 22 for details .125” Digitally printed CHPL panel, iZone or equal. Mounted directly onto Internal Wood Support using tamper-proof hardware. For burial details, see sheet 34. Notes 1. Panel graphics for suggestion only, Contents to be provided by City. 24 228 Maple St. Suite 32 Middlebury, VT 05753 P: (802) 388-3011F: (802) 388-1950 landworksvt.com 02.09.2017 n/a ISSUE DATE: SCALE: Park Signage Design Development DRAFT 03.29.2017 06.05.2017 06.19.2017 08.25.2017 Drawing for design intent only; Not intended for construction. Graphics on this design for demonstrative purposes only. Final layouts and messaging TBD.226a | Kiosk - SECONDARY (K.s) INTERNAL DETAILS Front View Top View Side View Kiosk - Secondary (K.s) Kiosk - Secondary (K.s) Kiosk - Secondary (K.s)6.14 6.13 6.15 Timberlok screws, or equal. All hardware to be tamperproof and rustproof. Internal wood frame made up of 2"x 2" Cedar boards 4” 4” 3’-6” 4”2’- 6” 3’- 2” 4” 6’-6” 3/4” = 1’ 4”x 4” Cedar Post For burial details, see sheet 34. 25 228 Maple St. Suite 32 Middlebury, VT 05753 P: (802) 388-3011F: (802) 388-1950 landworksvt.com 02.09.2017 n/a ISSUE DATE: SCALE: Park Signage Design Development DRAFT 03.29.2017 06.05.2017 06.19.2017 08.25.2017 Drawing for design intent only; Not intended for construction. Graphics on this design for demonstrative purposes only. Final layouts and messaging TBD.236a | Kiosk - SECONDARY (K.s) INTERNAL DETAILS Eample Panel Layout DetailsExample Panel Layout Details Kiosk - Secondary (K.s)Kiosk - Secondary (K.s)6.176.16 2” 4½” 3’ 6” 4½” 2’ 5” 2” 2”2”2’ 2” 2’ 6” south burlingtonRECREATION PATH Help clean the park clean. Please clean up after you dog. south burlingtonRECREATION PATH Help clean the park clean. Please clean up after you dog. 2” 4½” 3’ 6” 4½” 2’ 5” 2” 2”2”2’ 2” 2’ 6” south burlingtonRECREATION PATH Help clean the park clean. Please clean up after you dog. south burlingtonRECREATION PATH Help clean the park clean. Please clean up after you dog. Secondary Title Font: Berkeley Oldstyle - Black, all lowercase Size: 112 pt. Color: White Space for +/- 30 characters max. Map Area 2' 2" x 2' 5", with min. ½" margin all around. Warning / Regulation Text Font: Clearview Highway - 3-W Size: 72 pt. Color: White Word Count: Approx. 17, or 2 lines of text. Title Font: Clearview Highway - 3-W Size: 150 pt. Color: White Space for +/- 21 characters max. Symbol 3½" Diameter Color: White Park Name Font: Berkeley Oldstyle - Black, all lowercase Size: 71 pt. Color: Varies, see sheet 39 for more info Notes 1. Panel graphics and layouts for placement only, contents to be provided by City. Legend Icon Font: Universe 57 Condensed Size: 34 pt Color: CMYK - 0/0/0/75 Symbol Font: Universe 57 Condensed Size: 64 pt Leading: 80 pt Color: White Map Background Color: CMYK - 5/0/11/0 Distance Header Font: Universe 67 Condensed Size: 50 pt Color: Pantone 364 C Mileage Font: Universe 67 Condensed Size: 36 pt Color: Black Trail Font: Universe 57 Condensed Size: 36 pt Color: Black 28 228 Maple St. Suite 32 Middlebury, VT 05753 P: (802) 388-3011 F: (802) 388-1950 landworksvt.com 02.09.2017 n/a ISSUE DATE: SCALE: Park Signage Design Development DRAFT 03.29.2017 06.05.2017 06.19.2017 08.25.2017 Drawing for design intent only; Not intended for construction. Graphics on this design for demonstrative purposes only. Final layouts and messaging TBD.247 | Interpretive Post (I) 14sh e l b u r n e b a y o v e r l o o k This 100 acre park is open for use year round and parking outside the main gate is allowed from mid-June through mid-August. Summer hours are 9:00am-7:00pm daily. In the summer parking is allowed only inside the park’s designated parking areas during the operating hours, cars will be ticketed and towed if parked outside. This 100 acre park is open for use year round and parking outside the main gate is allowed from mid-June through mid-August. Summer hours are 9:00am-7:00pm daily. In the summer parking is allowed only inside the park’s designated parking areas 6” 6” 1’-6” 5½” 12° 5’-7” Top View Front View Side View Interpretive Post (I) Interpretive Post (I)Interpretive Post (I) 7.1 7.2 7.3 6”x6” Cedar Post. Sign Panel For burial details, see sheet 34. SIGN OVERVIEW The Interpretive Post is the smallest interpretive sign and may be used where space is limited or along paths. Information displayed on the information panel may include historic info, plant or wildlife info, photos, or infographics as an educational tool. The Park Name should always be displayed on the bottom of the panel unless otherwise noted. Signs are single-sided with the option to have panels mounted on the backside of the post. MATERIALS Sign Panel 0.125" Graphic panel, Digitally printed CHPL (custom high pressure laminate), iZone Imaging or equal, with 12° angle top . Mounted directly onto Wood Post using tamper-proof hardware. (Two panels if kiosk is double sided) Panel Dimensions: 5½" x 1'-6" (panel dimensions may vary based on panel contents) Wood Posts 6"x 6" Cedar post, natural wood finish. In t e r p r e t i v e S i g n s (I ) 29 228 Maple St. Suite 32 Middlebury, VT 05753 P: (802) 388-3011F: (802) 388-1950 landworksvt.com 02.09.2017 n/a ISSUE DATE: SCALE: Park Signage Design Development DRAFT 03.29.2017 06.05.2017 06.19.2017 08.25.2017 257 | Interpretive Post (I) - DETAILS Top View Front View Side View Interpretive Post (I) Interpretive Post (I)Interpretive Post (I) 7.4 7.5 7.6 we t l a n d e c o l o g y 14 6” 6” 1’-6” 5½” 12° 5’-7” 6”x6” Cedar Post. For burial details, see sheet 34. .125” Digitally printed CHPL panel, iZone or equal. Mounted directly onto Internal Wood Support using tamper-proof hardware. Notes 1. Panel graphics for suggestion only, Contents to be provided by City. 30 228 Maple St. Suite 32 Middlebury, VT 05753 P: (802) 388-3011F: (802) 388-1950 landworksvt.com 02.09.2017 n/a ISSUE DATE: SCALE: Park Signage Design Development DRAFT 03.29.2017 06.05.2017 06.19.2017 08.25.2017 3½” 9¼” 1’ 6” 4¼” 1” 5½” 4” 3” = 1’ wo l f p i n e The Wolf Pine, the white pine tree you see ahead, began growing in the 1800s. The term “wolf tree” could refer to the fact that the tree once stood like a lone wolf on the landscape. The convoluted branches of the wolf tree provide a clue to this pine’s past. The multiple trunks and upturned branches are evidence of infestation by a tiny beetle called the white pine weevil. This 100 acre park is open for use year round and parking outside the main gate is allowed from mid-June through mid-August. Summer hours are 9:00am-7:00pm daily. In the summer parking is allowed only inside the park’s designated parking areas PLACEHOLDER park PLA C E H O L D E R PLA C E H O L D E R sh e l b u r n e b a y o v e r l o o k This 100 acre park is open for use year round and parking outside the main gate is allowed from mid-June through mid-August. Summer hours are 9:00am-7:00pm daily. In the summer parking is allowed only inside the park’s designated parking areas during the operating hours, cars will be ticketed and towed if parked outside. This 100 acre park is open for use year round and parking outside the main gate is allowed from mid-June through mid-August. Summer hours are 9:00am-7:00pm daily. In the summer parking is allowed only inside the park’s designated parking areas PLACEHOLDER PLA C E H O L D E R PLA C E H O L D E R she l b u r n e b a y o v e r l o o k This 100 acre park is open for use year round and parking outside the main gate is allowed from mid-June through mid-August. Summer hours are 9:00am-7:00pm daily. In the summer parking is allowed only inside the park’s designated parking areas during the operating hours, cars will be ticketed and towed if parked outside. This 100 acre park is open for use year round and parking outside the main gate is allowed from mid-June through mid-August. Summer hours are 9:00am-7:00pm daily. In the summer parking is allowed only inside the park’s designated parking areas she l b u r n e b a y o v e r l o o k This 100 acre park is open for use year round and parking outside the main gate is allowed from mid-June through mid-August. Summer hours are 9:00am-7:00pm daily. In the summer parking is allowed only inside the park’s designated parking areas during the operating hours, cars will be ticketed and towed if parked outside. This 100 acre park is open for use year round and parking outside the main gate is allowed from mid-June through mid-August. Summer hours are 9:00am-7:00pm daily. In the summer parking is allowed only inside the park’s designated parking areas 3½” 9¼” 1’ 6” 4¼” 1” 5½” 4” 3” = 1’ wo l f p i n e The Wolf Pine, the white pine tree you see ahead, began growing in the 1800s. The term “wolf tree” could refer to the fact that the tree once stood like a lone wolf on the landscape. The convoluted branches of the wolf tree provide a clue to this pine’s past. The multiple trunks and upturned branches are evidence of infestation by a tiny beetle called the white pine weevil. This 100 acre park is open for use year round and parking outside the main gate is allowed from mid-June through mid-August. Summer hours are 9:00am-7:00pm daily. In the summer parking is allowed only insidethe park’s designated parking areas PLACEHOLDER park PLA C E H O L D E R PLAC E H O L D E R sh e l b u r n e b a y o v e r l o o k This 100 acre park is open for use year round and parking outside the main gate is allowed from mid-June through mid-August. Summer hours are 9:00am-7:00pm daily. In the summer parking is allowed only inside the park’s designated parking areas during the operating hours, cars will be ticketed and towed if parked outside. This 100 acre park is open for use year round and parking outside the main gate is allowed from mid-June through mid-August. Summer hours are 9:00am-7:00pm daily. In the summer parking is allowed only inside the park’s designated parking areas PLACEHOLDER PLA C E H O L D E R PLAC E H O L D E R sh e l b u r n e b a y o v e r l o o k This 100 acre park is open for use year round and parking outside the main gate is allowed from mid-June through mid-August. Summer hours are 9:00am-7:00pm daily. In the summer parking is allowed only inside the park’s designated parking areas during the operating hours, cars will be ticketed and towed if parked outside. This 100 acre park is open for use year round and parking outside the main gate is allowed from mid-June through mid-August. Summer hours are 9:00am-7:00pm daily. In the summer parking is allowed only inside the park’s designated parking areas sh e l b u r n e b a y o v e r l o o k This 100 acre park is open for use year round and parking outside the main gate is allowed from mid-June through mid-August. Summer hours are 9:00am-7:00pm daily. In the summer parking is allowed only inside the park’s designated parking areas during the operating hours, cars will be ticketed and towed if parked outside. This 100 acre park is open for use year round and parking outside the main gate is allowed from mid-June through mid-August. Summer hours are 9:00am-7:00pm daily. In the summer parking is allowed only inside the park’s designated parking areas 3½” 9¼” 1’ 6” 4¼” 1” 5½” 4” 3” = 1’ wo l f p i n e The Wolf Pine, the white pine tree you see ahead, began growing in the 1800s. The term “wolf tree” could refer to the fact that the tree once stood like a lone wolf on the landscape. The convoluted branches of the wolf tree provide a clue to this pine’s past. The multiple trunks and upturned branches are evidence of infestation by a tiny beetle called the white pine weevil. This 100 acre park is open for use year round and parking outside the main gate is allowed from mid-June through mid-August. Summer hours are 9:00am-7:00pm daily. In the summer parking is allowed only inside the park’s designated parking areas PLACEHOLDER park PLA C E H O L D E R PLAC E H O L D E R sh e l b u r n e b a y o v e r l o o k This 100 acre park is open for use year round and parking outside the main gate is allowed from mid-June through mid-August. Summer hours are 9:00am-7:00pm daily. In the summer parking is allowed only inside the park’s designated parking areas during the operating hours, cars will be ticketed and towed if parked outside. This 100 acre park is open for use year round and parking outside the main gate is allowed from mid-June through mid-August. Summer hours are 9:00am-7:00pm daily. In the summer parking is allowed only inside the park’s designated parking areas PLACEHOLDER PLAC E H O L D E R PLAC E H O L D E R sh e l b u r n e b a y o v e r l o o k This 100 acre park is open for use year round and parking outside the main gate is allowed from mid-June through mid-August. Summer hours are 9:00am-7:00pm daily. In the summer parking is allowed only inside the park’s designated parking areas during the operating hours, cars will be ticketed and towed if parked outside. This 100 acre park is open for use year round and parking outside the main gate is allowed from mid-June through mid-August. Summer hours are 9:00am-7:00pm daily. In the summer parking is allowed only inside the park’s designated parking areas sh e l b u r n e b a y o v e r l o o k This 100 acre park is open for use year round and parking outside the main gate is allowed from mid-June through mid-August. Summer hours are 9:00am-7:00pm daily. In the summer parking is allowed only inside the park’s designated parking areas during the operating hours, cars will be ticketed and towed if parked outside. This 100 acre park is open for use year round and parking outside the main gate is allowed from mid-June through mid-August. Summer hours are 9:00am-7:00pm daily. In the summer parking is allowed only inside the park’s designated parking areas 3½” 9¼” 1’ 6” 4¼” 1” 5½” 4” 3” = 1’ wo l f p i n e The Wolf Pine, the white pine tree you see ahead, began growing in the 1800s. The term “wolf tree” could refer to the fact that the tree once stood like a lone wolf on the landscape. The convoluted branches of the wolf tree provide a clue to this pine’s past. The multiple trunks and upturned branches are evidence of infestation by a tiny beetle called the white pine weevil. This 100 acre park is open for use year round and parking outside the main gate is allowed from mid-June through mid-August. Summer hours are 9:00am-7:00pm daily. In the summer parking is allowed only inside the park’s designated parking areas PLACEHOLDER park PLA C E H O L D E R PLA C E H O L D E R sh e l b u r n e b a y o v e r l o o k This 100 acre park is open for use year round and parking outside the main gate is allowed from mid-June through mid-August. Summer hours are 9:00am-7:00pm daily. In the summer parking is allowed only inside the park’s designated parking areas during the operating hours, cars will be ticketed and towed if parked outside. This 100 acre park is open for use year round and parking outside the main gate is allowed from mid-June through mid-August. Summer hours are 9:00am-7:00pm daily. In the summer parking is allowed only inside the park’s designated parking areas PLACEHOLDER PLA C E H O L D E R PLA C E H O L D E R sh e l b u r n e b a y o v e r l o o k This 100 acre park is open for use year round and parking outside the main gate is allowed from mid-June through mid-August. Summer hours are 9:00am-7:00pm daily. In the summer parking is allowed only inside the park’s designated parking areas during the operating hours, cars will be ticketed and towed if parked outside. This 100 acre park is open for use year round and parking outside the main gate is allowed from mid-June through mid-August. Summer hours are 9:00am-7:00pm daily. In the summer parking is allowed only inside the park’s designated parking areas sh e l b u r n e b a y o v e r l o o k This 100 acre park is open for use year round and parking outside the main gate is allowed from mid-June through mid-August. Summer hours are 9:00am-7:00pm daily. In the summer parking is allowed only inside the park’s designated parking areas during the operating hours, cars will be ticketed and towed if parked outside. This 100 acre park is open for use year round and parking outside the main gate is allowed from mid-June through mid-August. Summer hours are 9:00am-7:00pm daily. In the summer parking is allowed only inside the park’s designated parking areas 267| Interpretive Post (I) - DETAILS Example Panel Layout - Natural Area Only Example Panel Layout Layout DetailsLayout Details Interpretive Post (I) Interpretive Post (I) Interpretive Post (I)Interpretive Post (I) 7.8 7.7 7.107.9 Title Font: Berkeley Oldstyle - Black, all lowercase Size: 57 pt. Color: Light Green (for Urban Signs) Green (for Natural Signs) Space for +/- 21 characters max. Large Image 5½" x 3½", top-left corner of image will be cut off to fit the shape of the panel. Small Image 2¼" x 15/8" Park Name Font: Font: Berkeley Oldstyle - Black, all lowercase Size: 33 pt. Color: Varies, see sheet 39 for more info Main Text Font: Berkeley Oldstyle - Black Size: 23 pt. Color: White Word Count: 50-70, or 18 lines of text Caption Text Font: Clearview Highway - 3-W Size: 13 pt. Color: White Word Count: 40, or 6 lines of text Notes 1. Panel graphics and layouts for placement only, contents to be provided by City. Message Body Color: Dark Green Message Body Color: Brown Footer Color: Dark Green Footer Color: Brown Sm. Image / Caption Box Color: Green Sm. Image / Caption Box Color: Green Tip ups bring new life to fallen trees by creating new habitats for plants and animals. The depression or pits left behind create vernal pools, which provide breeding grounds for amphibians. Insects like beetles and ants feast on the protein-rich bark, while wildflowers and trees take advantage of the disturbed soil and new found sunlight. Vernal Pools These pools of water form in small depressions with poor drainage and are temporary habitats for amphibians. Spring Peeper(Pseudacris Crucifer) While they are well camouflaged and rarely seen, you may hear their familiar sleigh bell-like chorus in early Leading: 31 pt Leading: 17 pt 31 Top View Interpretive (I) Front View Interpretive (I) Side View Interpretive (I) 36 “ 24 “ 36 “ 24 “ 32 Layout Detials Interpretive (I) Layout Details Interpretive (I) 36 “ 24 “ 4 ”2 “ 2 “ 30 “ 2 “ 20 “ Park Name Font: Berkeley Oldstyle - Black, all lowercase Size: 1” height Color: Varies, see park color page for more info Title Font: Berkeley Oldstyle - Black, all lowercase Size: 20” vertical height Color: Pantone 374 C Line Size 4 pt Color: Pantone 374 C Content Background Color: CMYK 5/0/11/0 Header Font: Berkeley Oldstyle-Black Size: 36 pt Color: Pantone 364 C / 5405 C Paragraph Font: Univers LT Std 57 Condensed Size: 24 pt Color: Pantone 7533 C Border Color: 7533 C / 364 C Design Example Interpretive (I) Camel’s Hump From this overlook you can see Vermont’s third highest mountain. During the mountain’s history it had many names like “Le Lion Couchant” (english translation “The Resting Lion” and “Camel’s Rump”) until 1830 when it became known as “Camel’s Hump.” Collymer Island This tiny island, located north of the Lake Champlain Yacht Club, is a natural marker for the remains of the steamboat Adirondack. The Adirondack, a 222 foot long steamboat, was built in 1867 and retired in 1875 due to competition with the railroad. Collymer Island Shelburne Shipyard The Shelburne Shipyard to the west was home to the Champlain Transportation Company—the powerhouse of steamboat travel in the 1800s. The Ticonderoga was built here in 1906, and numerous ships lie on the bottom of the bay, sunken after they were stripped of any valuable equipment. Shelburne Bay Along the shoreline in front of you, rock formations (formed in the Cambrian period, roughly 540 million years ago) show older rock overlying younger rock due to the Champlain Thrust Fault. The fault lies beneath Shelburne Bay and runs approximately 200 miles from Quebec to the Catskill Plateau of upstate New York. The Bay is also home to roughly 250 visible magma dikes, where magma (molten, or melted rock) was injected from the earth’s mantle up through existing layers of rock in the earth’s crust. Rocks not readily visible in this part of the Champlain Valley, including Precambrian “basement” rock can be viewed in the dikes, having been transported by ascending magma. You can see the rocks up close and personal in Shelburne Bay Park. When Lake Champlain was used as a “water highway,” before rail, motor vehicles, and planes, this bay was an important shelter from the winds, with its calm surface. The bay is 3.5 miles long and 1.8 miles wide. Five rivers or brooks empty into the bay, including Potash Brook which runs through South Burlington. The community has been focused on preserving the water quality of the bay, as it is the source of drinking water for more than 60,000 people. The Shipyard is to the right of you.Look to your left where you will find Collymer Island. Look to your left to see this view. 33 16.00 CL 10.00 CL D C A B C D 12345678 7 6 5 4 3 2 1 A B LAST SAVE 4/29/2020 PROPRIETARY AND CONFIDENTIAL UNLESS OTHERWISE SPECIFIED-DIMENSIONS ARE IN INCHES-DIMENSIONAL TOLERANCES FRACTIONAL 1/32 ANGULAR: MACH .5/BEND 1 TWO PLACE DECIMAL .030 THREE PLACE DECIMAL .010 PROJECTION: MATERIAL: ALUMINUM DRAWN DATENAME TITLE: SIZEBDWG. NO.REV SCALE: 1:4 KPD 10/1/2013 SHEET 1 OF 2 RRM-1218-1.5 DO NOT SCALE DRAWING CUSTOM MOUNT PLATE 8 kdotson WEIGHT: ITEM QTY.PART NUMBER DESCRIPTION MATERIAL 1 1 PLT-A1218 MOUNTINGPLATE 5052 (AL) 2 2 RRM-BRKT CLAMP BRACKET 5052 (AL) (4) .31" X .69" SLOTS 12.00 18.00 3.00 2.95 3.00 2.95 9.00 CL 3.13 1.63 2 SIDESTYP 1.43OVERALL 1 2 2 1.07INSIDE 1.43 CONTROL DATE: 4/29/2020 11:15 AM APPROVED BY__________________ DATE__________________________BD14409 50394 CS D C A B C D 12345678 7 6 5 4 3 2 1 A B LAST SAVE 4/29/2020 PROPRIETARY AND CONFIDENTIAL UNLESS OTHERWISE SPECIFIED-DIMENSIONS ARE IN INCHES-DIMENSIONAL TOLERANCES FRACTIONAL 1/32 ANGULAR: MACH .5/BEND 1 TWO PLACE DECIMAL .030 THREE PLACE DECIMAL .010 PROJECTION: MATERIAL: ALUMINUM DRAWN DATENAME TITLE: SIZEBDWG. NO.REV SCALE: 1:4 KPD 10/1/2013 SHEET 2 OF 2 RRM-1218-1.5 DO NOT SCALE DRAWING CUSTOM MOUNT PLATE 8 kdotson WEIGHT: ITEM QTY.PART NUMBER DESCRIPTION MATERIAL 1 1 PLT-A1218 MOUNTINGPLATE 5052 (AL) 2 2 RRM-BRKT CLAMP BRACKET 5052 (AL) 3 2 3042T155 CLAMPING U-BOLT 304SS 9.00 CL CONTROL DATE: 4/29/2020 11:15 AM NUMBERPART Information in this drawing is provided for reference only. http://www.mcmaster.com 2 7/16" 1"2 1/8" 1 3/4" 1/4" 1 1/2" 1"Thread Length 9/16" 9/32" 5/16"-18 Thread 3042T155 ClampingU-Bolt© 2019 McMaster-Carr Supply Company Interpretive (I) Round Railing Mounting Bracket            Interpretive (I) Chain Link Fence Mounting Bracket 34 228 Maple St. Suite 32 Middlebury, VT 05753 P: (802) 388-3011 F: (802) 388-1950 landworksvt.com 02.09.2017 n/a ISSUE DATE: SCALE: Park Signage Design Development DRAFT 03.29.2017 06.05.2017 06.19.2017 08.25.2017 Drawing for design intent only; Not intended for construction. Graphics on this design for demonstrative purposes only. Final layouts and messaging TBD.278 | Trail Marker - PRIMARY (T.p) Lake Trail West Loop Trail park Central Area 0.2 mi. West Loop 0.6 mi. 10” 6” 5½” 12° 5’-0” 6” 6” 1” = 1’ Top View Front View Front ViewSide View Trail Marker - Primary (T.p) Trail Marker - Primary (T.p)Natural Area Trail Marker - Primary (T.p)Trail Marker - Primary (T.p) 8.1 8.2 8.48.3 6”x6” Cedar Post. Sign Panel For burial details, see sheet 34 SIGN OVERVIEW The Primary Trail Marker is used to help park visitors navigate paths and trails . Information displayed on the trail markers may include directional arrows, trail names, trail distances, and symbols. Separate panels should be used for every direction displayed (number of panels will vary per post location). The Park Name should always be displayed on the bottom panel unless otherwise noted. Signs are single- sided with the option to have panels mounted on the backside of the post. MATERIALS Sign Panel 0.125” Powder-coated aluminum panel, with surface applied vinyl messaging and graphics. Panel dimensions will vary based on park specific content, panel width will always remain at 5½". Highest panel on post will always have a 12° angle on top edge to match post. Wood Posts 6"x 6" Cedar post, natural wood finish with 12° angle cut on top. Pr i m a r y & S e c o n d a r y Tr a i l M a r k e r (T . p & T . s ) 1/4” 35 228 Maple St. Suite 32 Middlebury, VT 05753 P: (802) 388-3011F: (802) 388-1950 landworksvt.com 02.09.2017 n/a ISSUE DATE: SCALE: Park Signage Design Development DRAFT 03.29.2017 06.05.2017 06.19.2017 08.25.2017 Drawing for design intent only; Not intended for construction. Graphics on this design for demonstrative purposes only. Final layouts and messaging TBD.288| Trail Marker - SECONDARY (T.s) Ce n t r a l Ar e a Ou t e r Lo o p 8½” 8½” 3½” 12° 5’-0” 4” 4” Ea s t Lo o p La k e Tr a i l park 1” = 1’ Top View Front View Side View Front View Trail Marker - Secondary (T.s) Trail Marker - Secondary (T.s)Trail Marker - Secondary (T.s)Natural Area Trail Marker - Secondary (T.s) 8.5 8.6 8.7 8.8 4”x 4” Cedar Post. Sign Panel For burial details, see sheet 34. SIGN OVERVIEW The Secondary Trail Marker is also used to help park visitors navigate paths and trails, but with a slightly smaller footprint than the Primary Trail Marker. Information displayed on the trail markers may include directional arrows, trail names, trail distances, and symbols. Because of the short width of the panels, all messaging shall be rotated 90° to read from top to bottom. Separate panels should be used for every direction displayed (number of panels will vary per post location). The Park Name should always be displayed on the bottom panel unless otherwise noted. Signs are single-sided with the option to have panels mounted on the backside of the post. MATERIALS Sign Panel 0.125” Powder-coated aluminum panel, with surface applied vinyl messaging and graphics. Panel dimensions will vary based on park specific content, panel width will always remain at 3½". Highest panel on post will always have a 12° angle on top edge to match post. Wood Posts 4"x 4" Cedar post, natural wood finish with 12° angle cut on top. 1/4” 36 228 Maple St. Suite 32 Middlebury, VT 05753 P: (802) 388-3011F: (802) 388-1950 landworksvt.com 02.09.2017 n/a ISSUE DATE: SCALE: Park Signage Design Development DRAFT 03.29.2017 06.05.2017 06.19.2017 08.25.2017 Drawing for design intent only; Not intended for construction. Graphics on this design for demonstrative purposes only. Final layouts and messaging TBD.298 | Trail Marker - PRIMARY (T.p) & SECONDARY (T.s) DETAILS Top View Front View Side View Front View Top View Side View Trail Marker - Primary (T.p) Trail Marker - Primary (T.p)Trail Marker - Primary (T.p)Trail Marker - Secondary (T.s) Trail Marker - Secondary (T.s) Trail Marker - Secondary (T.s) 8.9 8.10 8.11 8.13 8.12 8.14 Ce n t r a l Ar e a Ou t e r Lo o p Central Area 0.2 mi. West Loop 0.6 mi. 10” 6” 5½” 12° 5’- 0 ” 6” 6” 8½” 8½” 3½” 12° 5’- 0 ” 4” 4” 1” = 1’ 6”x6” Cedar Post.4”x 4” Cedar Post. Mounted to post using tamper- proof hardware. Mounted to post using tamper- proof hardware. 0.125” Powder-coated aluminum panel, with surface applied vinyl messaging and graphics. 0.125” Powder-coated aluminum panel, with surface applied vinyl messaging and graphics. For burial details, see sheet 34.For burial details, see sheet 34. Notes 1. Panel dimensions and layout will vary based on various park content. See Pg. 30 for Panel layout details. 1/4” 1/4” 37 228 Maple St. Suite 32 Middlebury, VT 05753 P: (802) 388-3011F: (802) 388-1950 landworksvt.com 02.09.2017 n/a ISSUE DATE: SCALE: Park Signage Design Development DRAFT 03.29.2017 06.05.2017 06.19.2017 08.25.2017 Drawing for design intent only; Not intended for construction. Graphics on this design for demonstrative purposes only. Final layouts and messaging TBD.308 | Trail Marker - SIGN PANEL DETAILS Panel Details Panel Details Trail Marker - Primary (T.p)Trail Marker - Secondary (T.s)8.15 8.16 Ce n t r a l Ar e a Ce n t r a l Ar e a Ou t e r Lo o p Central Area 0.2 mi. West Loop 0.6 mi. 10” ¾” ½” ½” 1/2” ½” ½” ½” 5½” 4½” ½” ½” ½” ¾” 1¾” 1¾” 3” 1” ½” ¾” 2¾” 6¾” 1½” 4½” 1½” ½” 1½” 2½” 3½” 4” 5½” 1¾”12°12° 8½” ½” ½” ½” 1” 5” ¾” ¾” 1¾” ½” 1½” 3½” 1¾” 1¾” 4¼” 3¼” 5¼” 1” 1” 12° 11½” ½” ½” ½” ½” ½” 1” 3½” 1¾” 1¾” 4¼” 3¼” 5¼” 2” 2”3” ½” ½”½” ½” ¾” 1” 1” 1¾”3¾” 8½” 4” 3” 3½” 3” = 1’ Ce n t r a l Ar e a Ce n t r a l Ar e a Ou t e r Lo o p Central Area 0.2 mi. West Loop 0.6 mi. 10” ¾” ½” ½” ¼” ½” ½” ½” 5½” 4½” ½” ½” ½” ¾” 1¾” 1¾” 3” 1” ½” ¾” 2¾” 6¾” 1½” 4½” 1½” ½” 1½” 2½” 3½” 4” 5½” 1¾”12°12° 8½” ½” ½” ½” 1” 5” ¾” ¾” 1¾” ½” 1½” 3½” 1¾” 1¾” 4¼” 3¼” 5¼” 1” 1” 12° 11½” ½” ½” ½” ½” ½” 1” 3½” 1¾” 1¾” 4¼” 3¼” 5¼” 2” 2”3” ½” ½”½” ½” ¾” 1” 1” 1¾”3¾” 8½” 4” 3” 3½” 3” = 1’ Ce n t r a l Ar e a Ce n t r a l Ar e a Ou t e r Lo o p Central Area0.2 mi. West Loop 0.6 mi. 10” ¾” ½” ½” ¼” ½” ½” ½” 5½” 4½” ½” ½” ½” ¾” 1¾” 1¾” 3” 1” ½” ¾” 2¾” 6¾” 1½” 4½” 1½” ½” 1½” 2½” 3½” 4” 5½” 1¾”12°12° 8½” ½” ½” ½” 1” 5” ¾” ¾” 1¾” ½” 1½” 3½” 1¾” 1¾” 4¼” 3¼” 5¼” 1” 1” 12° 11½” ½” ½” ½” ½” ½” 1” 3½” 1¾” 1¾” 4¼” 3¼” 5¼” 2” 2”3” ½” ½”½” ½” ¾” 1” 1” 1¾”3¾” 8½” 4” 3” 3½” 3” = 1’ Panel Color Details Panel Color Details - Natural Area Trail Marker Trail Marker8.17 8.18 Notes 1. Panel dimensions and layout will vary based on various park content. MATERIALS Park Name Primary Trail Marker 1" x 4½" Area to fit Park Name. Color: Varies, see Design Standards section for more info. Applied vinyl. Secondary Trail Marker ¾" x 2½" Area to fit Park Name. Color: Varies, see Design Standards section for more info. Applied vinyl. Arrow 1¾" x 1¾" Area for Arrow (1¾" x 3" area for Double Arrow). Color: White Applied vinyl. Trail Name Text Primary Trail Marker Letter Height: ¾" Font: Clearview Highway - 3W Color: White Applied vinyl. Secondary Trail Marker Letter Height: 1" Font: Clearview Highway - 3W Color: WhiteApplied vinyl. Distance Text Primary Trail Marker Only Letter Height: ½" Font: Clearview Highway - 3W Color: White Applied vinyl. Symbol Primary Trail Marker 1½" x 1½" Area for Symbols. Color: White Applied vinyl. Secondary Trail Marker 2" x 2" Area for Symbols. Color: White Applied vinyl. Lake Trail West Loop Trail park Central Area 0.2 mi. West Loop 0.6 mi. Header Color: Dark Green Header Color: Brown Message Body Color: Green Message Body Color: Green Footer Color: Dark Green Footer Color: Brown Divider Color: Dark Green Divider Color: Brown Divider Color: Light Green, Use to separate multiple messages in the same direction. First Aid park Exit 44 228 Maple St. Suite 32 Middlebury, VT 05753 P: (802) 388-3011 F: (802) 388-1950 landworksvt.com 02.09.2017 n/a ISSUE DATE: SCALE: Park Signage Design Development DRAFT 03.29.2017 06.05.2017 06.19.2017 08.25.2017 sh e l b u r n e b a y o v e r l o o k This 100 acre park is open for use year round and parking outside the main gate is allowed from mid-June through mid-August. Summer hours are 9:00am-7:00pm daily. In the summer parking is allowed only inside the park’s designated parking areas during the operating hours, cars will be ticketed and towed if parked outside. This 100 acre park is open for use year round and parking outside the main gate is allowed from mid-June through mid-August.Summer hours are 9:00am-7:00pm daily. In the summer parking is allowed only inside the park’s designated parking areas 1 1/2” = 1’1/2” = 1’Drawing for design intent only; Not intended for construction.3410| Direct Burial Detail - TYPICAL Backfill with compacted gravel. Undisturbed subgrade Optional rebar or equal to resist heaving through post. Masonry “pad” recommended to avoid ground contact. Waterproof seal for post end, as appropriate. Compacted/crushed gravel 4’ desired depth or below frost to required level. Sign Post. 1½” = 1’-0”¾” = 1’-0” Direct Burial Detail Direct Burial Detail10.1 10.2 she l b u r n e b a y o v e r l o o k This 100 acre park is open for use year round and parking outside the main gate is allowed from mid-June through mid-August. Summer hours are 9:00am-7:00pm daily. In the summer parking is allowed only inside the park’s designated parking areas during the operating hours, cars will be ticketed and towed if parked outside. This 100 acre park is open for use year round and parking outside the main gate is allowed from mid-June through mid-August.Summer hours are 9:00am-7:00pm daily. In thesummer parking is allowed only inside the park’sdesignated parking areas 1 1/2” = 1’1/2” = 1’ Di r e c t B u r i a l D e t a i l s 45 228 Maple St. Suite 32 Middlebury, VT 05753 P: (802) 388-3011F: (802) 388-1950 landworksvt.com 02.09.2017 n/a ISSUE DATE: SCALE: Park Signage Design Development DRAFT 03.29.2017 06.05.2017 06.19.2017 08.25.2017 Drawing for design intent only; Not intended for construction.3510| Direct Burial Detail - Park ID - Urban (ID.u) (4) ½"x 2'-0" Galvanized bent anchor bolt with 3" hook. Compacted Subgrade Compacted/crushed gravel 4'-0" x 1'-0"x 4'-0" concrete footing; high performance concrete, class B (4000 PSI at 28 days) Front Section View Side Section View Concrete Footing Plan ID.u Footing Detail ID.u Footing Detail ID.u Footing Detail 10.4 10.5 10.3 ½" Thick 3'-8" x 10" steel base plate, with welded continuous rod internal to stacked Cedar. Bolt to anchor bolts with levelling nuts. 4’-0”1’-0” 4’-0” 3/4” = 1’ 1’-0”10” 3’- 8” 4’- 0” 4’-0”1’-0” 4’-0” 3/4” = 1’ 1’-0” 10” 3’- 8” 4’- 0” Notes 1. Unless otherwise noted, all steel components to be hot-dip galvanized. 2. All bolts, support rods, and structural components shall be sized to address wind and snow loads. 3. Contractor to provide shop drawings for landscape Architect review and approval prior to construction. 46 228 Maple St. Suite 32 Middlebury, VT 05753 P: (802) 388-3011F: (802) 388-1950 landworksvt.com 02.09.2017 n/a ISSUE DATE: SCALE: Park Signage Design Development DRAFT 03.29.2017 06.05.2017 06.19.2017 08.25.2017 Drawing for design intent only; Not intended for construction.3610| Direct Burial Detail - PRIMARY KIOSK (K.p) #4 Rebar circular - 10" O.C. (4) ½"x 2'-0" Galvanized bent anchor bolt with 3" hook. (4) ½"x 2'-0" Galvanized bent anchor bolt with 3" hook. (6) #8 Rebar vertical, evenly spaced. Compacted Subgrade 20" ø round concrete footing; high performance concrete, class B (4000 PSI at 28 days) Gravel paving Steel post anchor (½" thick vertical plate, welded to ½" thick 12" x12" steel base plate) internal to post, through- bolted. Bolt to anchor bolts with levelling nuts. Section View Concrete Footing Plan Kiosk Footing Detail Kiosk Footing Detail 10.7 10.6 Notes 1. Unless otherwise noted, all steel components to be hot-dip galvanized. 2. All bolts, support rods, and structural components shall be sized to address wind and snow loads. 3. Contractor to provide shop drawings for landscape Architect review and approval prior to construction. 47 228 Maple St. Suite 32 Middlebury, VT 05753 P: (802) 388-3011F: (802) 388-1950 landworksvt.com 02.09.2017 n/a ISSUE DATE: SCALE: Park Signage Design Development DRAFT 03.29.2017 06.05.2017 06.19.2017 08.25.2017 3711 Design Standards - PARK LOGOS LandWorks previously designed custom logos for each of the City’s parks. As future parks are developed, new logos will be added to the family. veteransmemorialpark SB ACCENT BLUE PANTONE 2915 C FARRELL TEAL PANTONE 328 C OVERLOOK DARK YELLOW PANTONE 117 C SZYMANSKI PURPLE PANTONE 518 C SB GREEN PANTONE 377 C DORSET YELLOW PANTONE 7406 C JAYCEE DARK GREEN PANTONE 5615 C RED ROCKS RED PANTONE 187 C De s i g n S t a n d a r d s 48 228 Maple St. Suite 32 Middlebury, VT 05753 P: (802) 388-3011F: (802) 388-1950 landworksvt.com 02.09.2017 n/a ISSUE DATE: SCALE: Park Signage Design Development DRAFT 03.29.2017 06.05.2017 06.19.2017 08.25.2017 3811a| Design Standards - SYMBOL SYSTEM & TYPOGRAPHY TYPOGRAPHYSYMBOL SYSTEM Parking Women’s Room Picnic Area Bike Path Swimming Information Men’s Room Scenic Overlook Skateboarding Diving First Aid Cans/Bottles Clean up After Pets Cross Country Skiing Baseball Field (Sport Field) Wheelchair Accessible Litter Receptacle Stay on Path Snow- Shoeing Tennis Court Restrooms Trash Dumpster Trailhead Playground In-Line Skating CLEARVIEW HIGHWAY - 33W Aa Bb Cc Dd Ee Ff Gg Hh Ii Jj Kk Ll Mm Nn Oo Pp Qq Rr Ss Tt Uu Vv Ww Xx Yy Zz 0 1 2 3 4 5 6 7 8 9 Uses include Directional Sign messages and text, and Caption text on Kiosks and Interpretive posts. BERKELEY OLDSTYLE ITC - BLACK Aa Bb Cc Dd Ee Ff Gg Hh Ii Jj Kk Ll Mm Nn Oo Pp Qq Rr Ss Tt Uu Vv Ww Xx Yy Zz 0 1 2 3 4 5 6 7 8 9 Uses include city branding/park logos, park type label on Park ID signs (example “Natural Area” or “City Park”), and Title and Body Copy text on Kiosks and Interpretive posts. UNIVERS - 57 CONDENSED Aa Bb Cc Dd Ee Ff Gg Hh Ii Jj Kk Ll Mm Nn Oo Pp Qq Rr Ss Tt Uu Vv Ww Xx Yy Zz 0 1 2 3 4 5 6 7 8 9 Uses include city branding/park logos. Symbols can be added/adjusted as needed. Rec Path 49 228 Maple St. Suite 32 Middlebury, VT 05753 P: (802) 388-3011F: (802) 388-1950 landworksvt.com 02.09.2017 n/a ISSUE DATE: SCALE: Park Signage Design Development DRAFT 03.29.2017 06.05.2017 06.19.2017 08.25.2017 Central Area 0.2 mi. West Loop 0.6 mi. park 3911b| Design Standards - COLOR DETAILS DARK GREEN # 2D7D2F RGB 45 | 125 | 47 CMYK 70 | 0 | 100 | 40 PANTONE 364 C LIGHT GREEN # 66DE89 RGB 198 | 222 | 137 CMYK 25 | 0 | 60 | 0 PANTONE 374 C GREEN # 73A533 RGB 115 | 165 | 51 CMYK 50 | 0 | 100 | 20 PANTONE 377 C BLUE # 31779C RGB 49 | 119 | 156 CMYK 70 | 25 | 5 | 30 PANTONE 5405 C Colors seen on computer monitor are not representative of actual material color. Refer to corresponding materials color chart for specific color match. BROWN # 432B2F RGB 67 | 43 | 47 CMYK 90 | 100 | 100 | 15 PANTONE 7533 C MEMORANDUM To: South Burlington City Council From: Silken Kershner, Transportation & Open Spaces Project Manager Adam Matth, Director of Recreation & Parks CC: Jessie Baker, City Manager Date: August 13, 2024 Re: Parks and Open Space Master Plans Consultant Selection A request for proposals (RFP) was solicited for consultants interested in the development of a Parks Master Plan, and an Open Spaces Master Plan. Three consultants submitted proposals: SE Group, CRO Planning and Design, and Weston & Sampson. Proposals were reviewed by two City staff members, Silken Kershner, Transportation & Open Spaces Project Manager and Adam Matth, Director of Recreation and Parks. Proposals were considered on the basis of meeting the scope of work, deliverables, and schedule as outlined in the RFP. Cost proposals are summarized below: •SE Group - $150,000 •CRO Planning & Design - $149,250 •Weston & Sampson - $136,400 Although Weston & Sampson is the low bid for this project, it is recommended by City staff that the City of South Burlington pursue a contract with CRO Planning & Design. It was noted during the review period that Weston & Sampson would be subbing out the public outreach portion of the project to BerryDunn. As public outreach will help to guide the new policies and is a core tenet of the Master Planning process, City staff believes it is integral to the quality of the deliverables for the overall project and should be kept in house such that the voices of residents remain prioritized. Similarly, the high bidder, SE Group, has a very close cost to CRO Planning & Design, however, SE Group intends to have the Parks portion of the work done in house, with the Open Spaces portion of the work being done by Forest Bell Environmental. CRO Planning & Design’s proposal most closely aligned with the intentions set forth in the RFP and proposed Scope of Work. They also presented the most relevant experience and have proven 180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4107 | WWW.SOUTHBURLINGTONVT.GOV through previous work with municipalities that they understand the need for robust and equitable public outreach, a deep understanding of data-driven decision making, and working within the opportunities and constraints of public government planning. Weston & Sampson and SE Group presented scopes of work that aligned with some components of the RFP, but did convey the ability to complete all pieces of the Master Plans with the experience and knowledge that City staff feels is necessary. It is there recommended that City Council approve a motion to enter into a contract with CRO Planning & Design for completion of a Parks and Open Space Master Plan. Vermont | Minnesota | Washington CRO Planning & Design Communities | Recreation | Open Space July 12, 2024 Silken Kershner | skershner@southburlingtonvt.gov Transportation & Open Spaces Project Manager | City of South Burlington RE: Proposal for Parks and Open Spaces Master Plans Hello Silken, Adam, & the Proposal Selection Commmittee! I am pleased to provide the attached proposal for South Burlington’s Parks and Open Spaces Master Plans on behalf of CRO Planning & Design and our diverse team of consulting partners and frequent collaborators. This is a very exciting project for our team, the City, and the residents of South Burlington—both those in the City’s neighborhoods and all the flora and fauna who call the City’s natural areas home! Our “dream team” of consulting partners for this proposal includes team members with expertise in every aspect of this project including parks & open space master planning, community & stakeholder engagement, active transportation & trail connectivity, equity & inclusion, and ecology & habitat connectivity. Our approach to this project will involve deep engagement and collaboration with the City, the Recreation & Parks Committee, the Natural Resources & Conservation Committee, the Bicycle & Pedestrian Committee, and all the residents of South Burlington to craft a future vision for parks and open spaces that will serve the City for years to come. Our final deliverables will be developed to support your city’s daily operations while also identifying future park and open space acquisitions and enhancements along with their likely implementation pathways so you may support immediate, successful grant applications for the community’s prioritized projects. CRO Planning & Design specifically focuses on the intersection of Communities, Recreation, and Open Space—it's what “CRO” stands for!—which we believe will perfectly align with the City’s goals in completing the Parks and Open Spaces Master Plans together. Our team is comprised of national experts in parks and open space planning who are also deeply embedded in the Vermont recreation community. For example, I currently serve as Vice President of both the Society of Outdoor Recreation Professionals—the organization that puts on the National Outdoor Recreation Conference each year—and the Vermont Recreation & Parks Association who put on the Vermont Conference on Recreation each year. Our team has extensive experience working on similar parks and open space master planning projects across the country and right here in South Burlington. I have personally completed over 50 similar park, recreation, and open space projects over my career including leading several master planning efforts for the Hubbard Recreation & Natural Area (Underwood Vision Framework and Underwood Master Plan) and serving as the principal planner for the Wheeler Conservation Easement Task Force while working for my previous employer, SE Group. Similarly, Stantec has provided comprehensive design and consulting services in the Green Mountain State for more than a half century, but they are also an integral part of the network of more than 100 Stantec offices in North America that provide global solutions to clients’ needs through local delivery. Stantec’s local team is based in South Burlington and has completed numerous projects in the City over the years including a citywide parks accessibility study and extensive connectivity and transportation work. For this project, Stantec will provide ecological analysis, engineering support, and transportation and connectivity planning. Their broader team can also help answer any question that might come up throughout the project. We are joined by SiteForm Studio who provide landscape architecture and park design services throughout New England with a mission to elevate the design & function of the landscapes that surround us. SiteForm Studio’s staff is acutely aware of the design implications of park and open space projects and can help guide the team toward sustainable outcomes that promote both recreational access and landscape health. In the following pages, we will demonstrate our consultant team’s capabilities, qualifications, and proposed approach to the project. We welcome any questions or clarifications you may have and look forward to the prospect of speaking with you more about your vision for this project in an interview or initial project kickoff meeting. Sincerely, Drew Pollak-Bruce, CPRP | Drew@CROplanning.com Founder & Principal | CRO Planning & Design Proposal for Consultant Services Parks & Open Spaces Master Plans Prepared for the City of South Burlington, VT 7/12/2024 1 | Proposal for Consultant Services for Parks & Open Spaces Master Plans CRO Planning & Design Communities | Recreation | Open Space Table of Contents Proposed Project Approach ............................................................................................................................ 2 Proposed Scope of Work ................................................................................................................................ 3 Proposed Project Schedule ............................................................................................................................ 6 Proposed Project Team & Qualifications ....................................................................................................... 7 Proposed Project Fee & Labor Schedule ....................................................................................................... 9 Prepared for the City of South Burlington, VT | 2 CRO Planning & Design Communities | Recreation | Open Space Proposed Project Approach Tackling South Burlington’s Parks and Open Spaces Master Plans together presents an excellent opportunity to holistically assess the City’s current parklands, recreation amenities, and open spaces through a comprehensive planning process that expands recreational access, equity, sustainability, human & habitat connectivity, and environmental quality. We recognize there are many City departments, committees, and partners supporting work in and around parks and open spaces in South Burlington and that these groups often have similar aims, goals, and charges but sometimes different policies and strategies for achieving them. We believe that the City’s Park & Open Space Master Plans should unite these efforts with a cohesive master plan strategy that strikes a harmonious balance between the development of meaningful park and recreation assets, adding measured capital and on-going maintenance costs, creating human and habitat connectivity improvements, and providing enhanced ecological benefits. Our team of seasoned recreation professionals, community planners, landscape architects, transportation and civil engineers, and ecologists are perfectly situated to support this work as we are national experts in park and open space master planning who live, work, and play right here in Vermont. Our approach to this project will build upon a foundation of deep engagement and collaboration with the City and your stakeholders and residents. We will start with a thorough baseline assessment of the existing parks and open spaces, transportation networks and connectivity, land use and policies, environmental systems, and an understanding of previous community conversations and desires. We will provide forward-thinking recommendations that are cognizant of the community’s priorities and South Burlington’s unique community character. We believe that the success of any planning process is dependent on a thorough and genuine public engagement process. Our team are experts in listening, learning, then acting – we understand the importance of giving the community ample opportunities and time to provide diverse perspectives and input on a project. As a result, we obtain and analyze high-quality data that confidently drives planning and decision making and ensures that Plan components are pre-approved and prioritized by the public. We will approach the Parks and Open Spaces Master Plans with both local knowledge and national awareness, providing recommendations that are unique to South Burlington’s recreational landscape while drawing from national trends and best practices. Our team will ensure that management plans, acquisition priorities and processes, and recreational components of South Burlington’s parks and open spaces are considerate of key environmental features, enhance connectivity and recreational value, and promote South Burlington as an equitable and accessible destination to live in and visit. Lastly, we believe that effectively communicating the components of a Master Plan is just as important as the content within it. Utilizing our team’s graphic design and data communication expertise, we intend to produce a series of compelling data graphics, design renderings, and maps for each Master Plan within digestible and aesthetic formats that allows anyone to review them with ease and inspiration. 3 | Proposal for Consultant Services for Parks & Open Spaces Master Plans CRO Planning & Design Communities | Recreation | Open Space Proposed Scope of Work Task 1 – Project Kickoff & Existing Conditions Assessment Our team will build connections with your staff and establish a mutual understanding of the project’s goals, objectives, timeline, recurring meetings, and deliverables through a kickoff meeting with Silken Kershner, Adam Matth, and any other members of your team that you’d like to include. This meeting will allow us to establish points of contact and establish a digital “project portal” for exchanging files and other relevant data between the City and Consultant team that will streamline collaborative feedback opportunities and provide an official home for project data. After this kickoff meeting, our team will complete a thorough inventory of existing recreational and conservation conditions within and around South Burlington. Our local team are experts in geospatial analysis, and we are intimately familiar with South Burlington’s parks, open spaces, and Vermont’s geospatial data sources. We frequently utilize Vermont Agency of Natural Resources (VT ANR), VCGI, VTrans, and other data to comprehensively evaluate the recreational landscape, habitat conditions, and active transportation systems in Vermont municipalities. CRO Planning & Design is currently working with the VT Dept. of Forests, Parks, and Recreation (FPR) to update the state’s official GIS data layer for trails and we have immediate access to GIS professionals in each of the State’s agencies if needed. Additionally, Stantec’s transportation team is deeply connected to CCRPC and VTrans will ensure data extraction and inventorying occurs in conjunction with South Burlington’s developing Active Transportation Plan. Our team’s ecologist will provide support in providing perspectives on natural sustainability and sensitivity through on-site surveys and spatially inventorying wetlands, key environmental features, sensitive wildlife corridors, and invasive species presence to inform future recommendations for open space management and parcel acquisition. Anticipated Task Outcomes: Task 2 – Public Outreach Our team is excited to collaborate with South Burlington’s residents and stakeholders through an extensive and thorough public involvement process. CRO Planning & Design’s experience in performing outreach for Vermont’s municipalities, non-profits, businesses, and State agencies is widespread, and we are national experts in parks and recreation-oriented public engagement having presented educational sessions with titles like “Equity, Inclusion, and Public Meetings” and “Public Meeting Success” at the at the National Outdoor Recreation Conference, the International Trails Symposium, and the Vermont Conference on Recreation. We place public involvement at the core of all our work and possess a powerful suite of resources to effectively reach all members of a community, allowing us to obtain •Mutually developed expectations for the project’s goals, objectives, timeline, and deliverables •Schedule up to 18 recurring project check- in meetings with City staff (approx. monthly) •Creation of a shared project data storage location •Identification and inventory of existing Parks and Open Spaces within and around South Burlington, and their defining characteristics •Inventory of conservation and natural resource data within and around South Burlington •An existing conditions basemap and document that describes all identified assets and their defining features Prepared for the City of South Burlington, VT | 4 CRO Planning & Design Communities | Recreation | Open Space meaningful feedback that drives data-informed decision making. Our outreach strategy aims to utilize a broad set of in-person and electronic tools to connect all South Burlington’s residents with opportunities to share their input and aspirations for the City’s parks and open spaces, and we are excited to incorporate the City’s Equity Toolkit into our process. Ultimately, we intend to capture input that is reflective of South Burlington’s multi-generational, diverse population and will place the upmost importance in reaching the entire community. Through this process, we will capture and analyze a collection of valuable feedback data to ensure that future projects resulting from the Master Plans are sourced from and embraced by the community. Anticipated Task Outcomes: Task 3 – Capacity Evaluation & Needs Analysis Our team will analyze the administrative, policy, and community contexts within which parks and open spaces are managed in South Burlington to ensure that the Master Plans complement existing policies and initiatives; are seamlessly integrated into the City’s pre-established plans, goals, and objectives; and are grounded in transparent, referenceable, and synergistic policies. We will work to detangle recreation and open space priorities and policies in the City to ensure they not only align but are supportive of one another. We will conduct a Parks & Open Spaces Needs Analysis that compiles this policy and capacity information alongside public input to establish the community’s needs for both parks and open spaces. We will then compare these documented needs with the existing conditions information through a comprehensive Gap Analysis. Our team has carried out recreational and ecological gap analyses here in Vermont and across the country and are excited to apply this expertise to give your team the best possible perspective in providing equitable recreation access in South Burlington. Anticipated Task Outcomes: •An audit of South Burlington’s current plans, policies, and regulations to understand policy synergy, detraction, and opportunities for alignment •A Parks & Open Spaces Needs Analysis that assesses current Parks, Recreation, and Open Space needs using public outreach data •A Gap Analysis that incorporates spatial data within the Needs Analysis to visually display where parks and open spaces should be prioritized in consideration of equity, access, and existing ecological conditions •Shapefiles, maps, and documents that summarize and visually communicate analysis findings •A regularly updated project website via ArcGIS Story Maps •Attendance of up to 2 City-hosted events •Attendance of up to 8 committee and council meetings •Attendance of up to 2 self-hosted events at local hot spots and businesses •Attendance of up to 2 self-hosted webinars •A public survey that remains open for the entire outreach period •Webinar recordings and meeting summaries •Public outreach datasets and an analysis summary document with associated charts, graphics, and tables 5 | Proposal for Consultant Services for Parks & Open Spaces Master Plans CRO Planning & Design Communities | Recreation | Open Space Task 4 – Defining Goals & Exploring Options We will work with the City team to define Master Plan Goals based on the Needs and Gap Analyses, and to explore options to meet the public’s needs in providing equitable and sustainable recreation opportunities in the Parks Master Plan and in maximizing community and habitat connectivity and value in the Open Spaces Master Plan. Our team will undergo a Recreational Market Assessment that outlines plan findings, recreational trends, best practices, and relevant case studies. Our team is actively compiling Vermont’s latest and greatest Recreation User and benchmarking data through our work on the 2024 Statewide Comprehensive Outdoor Recreation Plan and VOREC Action Plan in the Move Forward Together Vermont Initiative (See project website for more information) and we have access to wealth of other local, state, and national data such as the Vermont Recreation & Parks Association “State of Recreation” Survey Data and the National Recreation & Parks Association’s Park Metrics system. The assessment will clearly identify and characterize acquisition, program, facility, partnership, and other park and open space needs that are in alignment with local priorities, regional trends, State goals, and national benchmarks. This will allow the Master Plans to incorporate objectives and action strategies that are relevant to long-range recreational participation trends, thoughtfully prioritize land acquisition needs, develop operational metrics that are in-line with national best practices, and are favorable to receive State grant funding and support. Anticipated Task Outcomes: Tasks 4a & 4b – Formalize Master Plan Recommendations As we identify key recommendations for the City, we will delineate their inclusion either within the Parks Master Plan or the Open Space Master Plan. Within these Master Plans, we will utilize our findings and conclusions to articulate key actions, priorities, and phasing recommendations to effectively implement future acquisitions, developments and initiatives. This includes preliminary graphics, phased implementation maps, and other visual communication tools to provide a clear road map for acquiring, developing, and maintaining high-quality parks and open spaces within South Burlington. Task 4a – Formalize Parks Master Plan Recommendations Formalization of the Park Master Plan recommendations will result from the culmination of all previous work through exploring and providing options to align park assets with community needs. Our team of recreational experts, designers, and planners will develop recommendations for the Parks Master Plan that clearly articulate key actions, partnership opportunities, timelines, and implementation/phasing strategies for South Burlington’s Parks. •Established goals and suite of options for further exploration in Master Plans •Market assessment that details objectives addressing program development needs, partnership opportunities, and land acquisition considerations to ‘close the gaps’ in the community’s existing parks and open spaces system. •Compilation of relevant recreational trends and factors facing open space and conservation in Vermont •Case studies that detail local and national best practices for park and open space management Prepared for the City of South Burlington, VT | 6 CRO Planning & Design Communities | Recreation | Open Space Anticipated Task Outcomes Task 4b – Formalize Open Spaces Master Plan Utilizing all information and work from previous tasks and collaboration with City staff, formalization of the Open Spaces Master Plan recommendations will aim to align open space and conservation policies with future and existing and open space acquisition priorities and management strategies. Our team’s expertise in landscape management, environmental analysis, and recreation planning will ensure that the Open Spaces Master Plan aligns with best practices, consciously addresses environmental management needs, provides invasive species direction, overviews future acquisition processes, and supports long-term and sustainable management of South Burlington’s natural spaces. Anticipated Task Outcomes Task 5 – Master Plan Compilation & Project Closeout Our team will compile, format, and organize the work from all prior tasks and meetings into comprehensive guidebook-style Master Plan documents that establishes long-range management directions and standards for South Burlington’s parks and open spaces. Our graphic design experts will ensure that the Master Plans are logically organized, align with South Burlington’s marketing and branding standards, and include an array of easily legible maps, graphics, data charts, and tables to convey findings and communicate the City’s vision for park and open space management with City officials, stakeholders, and the public. We have allocated time for multiple feedback sessions and are prepared to present the plans to committees, councils, and other decision-makers. Our client-oriented team is always available to reach after closeout in case your team has any follow-up questions about the project. Anticipated Task Outcomes •Clear, written documentation for each individual Master Plan in PDF formats •Up to four final presentations to City committees, council, and/or staff •Databases, reports, programs, and all other materials developed for the project, delivered in the City’s preferred formats •Identification new park opportunities and provide recommendations for management and operations •Specific recommendations for successful long-term maintenance and management of each park within South Burlington, sourced from national best practices and data analysis findings •Cost range estimates and preliminary designs for high- priority projects •Recommendations for park benchmarking metrics, sourced from local, state, and national best practices •Identification of collaboration/partnership opportunities between South Burlington and local businesses, non- profits, and educational institutions •Provide recommendations for upgrades or new linkages within trails and natural corridors •Evaluation of current stewardship objectives and efforts and provide recommendations for improvements •Development of invasive species removal and/or specific management plans for open spaces, as needed •Preparation of specific management recommendations for each of South Burlington’s open spaces 7 | Proposal for Consultant Services for Parks & Open Spaces Master Plans CRO Planning & Design Communities | Recreation | Open Space Project Task Aug '24 Sept '24 Oct '24 Nov '24 Dec '24 Jan '25 Feb '25 Mar '25 April '25 May 25' June '25 July '25 Aug '25 Sept '25 Oct '25 Nov 25' Dec '25 Jan '26 TASK 1: Project Kickoff and Existing Conditions Assessment TASK 2: Public Outreach TASK 3: Capacity Evaluation and Needs Analysis TASK 4: Defining Goals and Exploring Options TASK 4a: Formalize Parks Master Plan Recommendations TASK 4b: Formalize Open Space Master Plan Recommendations TASK 5: Master Plan Compilation & Project Closeout Proposed Project Schedule We believe the schedule proposed in the RFP will be just about right to deliver this project and are excited to spend the next year and a half working with South Burlington. Our team is prepared to meet the timeline for the tasks set forth in the RFP and is excited to jump into the project as quickly as we can get under contract. We have provided a project schedule below that details the anticipated timing of each project task and key meeting. Our consultant team is flexible on the timeline, however, and we are happy to discuss any potential modifications to the schedule if desired. Prepared for the City of South Burlington, VT | 8 CRO Planning & Design Communities | Recreation | Open Space Proposed Project Team & Qualifications Headquartered in Burlington, Vermont, CRO Planning & Design helps municipalities, counties, regions, state agencies, federal land managers, non- profits, and private sector clients navigate complex projects on public lands across North America. We are proven experts in delivering large-scale, multi- party, and systemwide recreation planning and design processes. We excel in community visioning & collaborative stakeholder engagement processes for parks & open space projects. We believe in holistic systems thinking and thrive in projects that embrace the linkages between outdoor recreation and economic development, land conservation, & natural systems. We employ a comprehensive ‘landscape management approach’ in all our work to help ensure the best outcomes are achieved for both human recreators and all the other precious species, resources, and values present in our parks & public lands. Drew Pollak-Bruce, CPRP Drew is a Certified Parks & Recreation Professional (CPRP) who has extensive experience in parks, trails, open space, and recreation planning and a background land use and multi-modal transportation planning, public policy, growth management, community development, and public participation. Over his 20-year career in outdoor recreation, Drew has managed over 50 park and recreation planning projects including many citywide and systemwide parks and open space plans here in Vermont and across the US. Drew is intimately familiar with the City of South Burlington and your park, recreation, and open space assets. While working for his previous employer, SE Group, Drew served as the Project Manager and Senior Recreation Planner for many recreation projects in South Burlington including open space and conservation easement planning at Wheeler Nature Park, supporting the development of the Underwood Park Vision Framework, and the subsequent Underwood Park Master Plan, and many other projects. Drew and CRO Planning & Design are also deeply connected to the parks & recreation funding, guidance, and support network in Vermont. Drew currently serves as the Vice Chair of the VT Recreation and Parks Association (VRPA), where he sat on the Executive Committee with Brett Leonard for many years. CRO Planning & Design is also currently working with the VT Department of Forests, Parks and Recreation (VT FPR) on the Statewide Comprehensive Outdoor Recreation Plan and VOREC Action Plan which will guide parks and recreation funding throughout the state for the next five years. Our team’s concurrent work on this effort will significantly benefit the City in developing master plans that will seamlessly align with statewide funding priorities and grants. Learn more at the Move Forward Together VT website here. Brett Rannow Brett’s experience with recreation, parks, community, and open space management is extensive and wide-ranging. From municipal parks and recreation programming in urban settings to managing visitors in remote wilderness systems, he prospers in solving complex recreation challenges and is dedicated to identifying beneficial solutions for clients and communities alike. He has participated in a wide variety of recreation projects from both client and consultant perspectives, and understands the needs of both to successfully carry out projects. Additionally, municipal parks and recreation management is one of Brett’s cornerstones. Prior to joining CRO, Brett worked for an array of municipal parks and recreation departments in Minnesota’s Twin Cities Metropolitan Area managing programs, communications and outreach, facilities, events, sports leagues, and logistical operations. He likes to say “I’ve done it all— driven the Zamboni, ran the summer camp, scheduled the teams, AND engaged the community at the same time!” CRO Planning & Design Communities | Recreation | Open Space 9 | Proposal for Consultant Services for Parks & Open Spaces Master Plans CRO Planning & Design Communities | Recreation | Open Space SiteForm Studio is a fresh new landscape architecture firm whose mission is to elevate the design + function of the landscapes that surround us. Built on a client-focused reputation and decades of experience, SiteForm combines an understanding of people, place, and the environment to plan and design site-specific and resilient landscapes and outdoor spaces. Founded in 2021, SiteForm has extensive experience working on public and private projects including commercial developments, parks & trails, and playgrounds in collaboration with architects, engineers, and planners. We strive to create landscapes that improve human and site functionality, connectivity, and well-being through creative design solutions. We believe every project is an opportunity to improve the built environment by utilizing progressive design and environmental stewardship. Our work spans all scales and project types throughout New England. Tom Hand, PLA, ASLA Tom is the Founding Principal of SiteForm Studio and is a professionally licensed landscape architect in Vermont and New Hampshire. He graduated with a Bachelor of Science in Landscape Architecture from the University of Massachusetts, Amherst and has worked throughout New England over his almost twenty-year career. His professional experience includes municipal parks and recreation plans, residential properties, and commercial and resort development. Prior to founding SiteForm, Tom worked with SE Group where he collaborated with Drew on many regional recreation and multi-modal projects including Wheeler Nature Park and Market Street in South Burlington. He has also collaborated with Stantec on various development and planning projects. Prior to relocating to Vermont, Tom practiced for a large landscape architecture firm in Boston where he managed many recreation focused projects including the implementation of the 20-acre North Bank Bridge Park in Boston and Cambridge that spans the banks of the Charles River beneath the Zakim Bridge. Tom is a member of the American Society of Landscape Architects and the current President of the Vermont Chapter of ASLA. He is the Vice-Chair of the Stowe Development Review Board. Stantec has provided comprehensive design and consulting services in the Green Mountain State for more than a half century. This small state ranks among the strongest in the nation in its commitment to protecting its rich environment, including mountains and streams that offer extraordinary outdoor recreational opportunities. Our staff members in South Burlington provide diverse services in the Urban Land, Transportation, Environmental, Buildings, and Industrial markets to both public and private clients who have chosen to live and work in this appealing environment. These offices are also an integral part of the network of more than 100 Stantec offices in North America that provide global solutions to clients’ needs through local delivery. Stantec’s South Burlington Office has a long and deep relationship with the City and has successfully completed numerous projects including the 2014 South Burlington Parks Accessibility & Design Study evaluating accessibility at seven of South Burlington’s parks including a report outlining deficiencies and recommended improvements to enhance accessibility for all users. Stantec has also completed similar citywide assessments in Burlington and many other communities across the United States. Chris Gendron, PE Chris is a Professional Engineer (PE) who is passionate about working on projects that grow and enhance our communities. He has a broad depth of experience across many disciplines including land development, bike/ped and active transportation, aviation, and stormwater treatment. Sean Neely Sean provides planning, analysis, design CADD, and GIS support on a range of transportation projects. Sean completed a master’s degree at the University of Vermont (UVM) in civil engineering for transportation, and certification of graduate studies in sustainable transportation systems and planning. Prepared for the City of South Burlington, VT | 10 CRO Planning & Design Communities | Recreation | Open Space Tim Freiday Tim is an ecologist and wetland scientist who is passionate about the environment. His projects include invasive species monitoring and eradication, avian point count surveys, endangered species surveys and permitting, rare plant surveys, wetland delineation and permitting, phase 1 assessments, and GIS mapping Proposed Project Fee & Labor Schedule We propose a total project fee of $149,250 inclusive of all sub-consultants, labor, and expenses. We are, however, flexible on our proposed Scope of Work and proposed fees and are happy to discuss potential modifications or alternative arrangements of professional services and associated fees if desired. A composite schedule by task of direct labor hours, direct labor cost per team member and sub-consultant is included in the table below. CRO Planning & Design’s overhead rate is approximately 32%. Project Task CRO Planning & Design SiteForm Studio Stantec Drew Pollak- Bruce, CPRP Brett Rannow Tom Hand, PLA Staff Landscape Architect Chirs Gendron, PE Sean Neely Tim Freiday Total Project Cost Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate $175 $125 $145 $110 $275 $175 $120 Hours Hours Hours Hours Hours Hours Hours TASK 1: Project Kickoff and Existing Conditions Assessment 20 60 8 24 2 4 16 $17,970 TASK 2: Public Outreach 60 40 10 26 0 0 0 $19,810 TASK 3: Capacity Evaluation and Needs Analysis 40 50 12 24 2 4 0 $18,880 TASK 4: Defining Goals and Exploring Options 40 60 20 40 2 4 8 $24,010 TASK 4a: Formalize Parks Master Plan Recommendations 40 40 28 46 0 4 16 $23,740 TASK 4b: Formalize Open Space Master Plan Recommendations 40 40 24 36 0 4 16 $22,060 TASK 5: Master Plan Compilation & Project Closeout 30 50 14 24 4 6 8 $19,280 Labor Subtotal $145,750 Estimated Expenses (Travel, prints, materials, etc.) $3,500 Total Estimated Project Cost $149,250 180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4112 | WWW.SOUTHBURLINGTONVT.GOV 180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4112 | WWW.SOUTHBURLINGTONVT.GOV • • • • • • • 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 LOAN AGREEMENT Vermont State Revolving Fund Loan RF1-353-2.0 Loan Amount: $124,100.00 1.City of South Burlington, the Municipality, hereby certifies to the Vermont MunicipalBond Bank (“Bond Bank”) that: (a)It will secure all state and federal permits, licenses and approvals necessary to construct and operate the improvements to be financed by the Loan (the “Project”),if any, as described in Exhibit A; (b)It has established, or covenants with the Bond Bank to establish, by ordinance, rule or regulation, a rate charge or assessment schedule which will generate annually sufficient revenue to pay: (i)Principal, administrative fees and interest of the Municipal Note, as thesame becomes due; and (ii)reasonably anticipated cost of operating and maintaining the improvementsto be financed by the Loan, if any, and the system of which is a part; (c)It has duly established a fund under Title 24 of the Vermont Statutes Annotated, or by other means permitted by law which, for so long as the Municipal Note shall remainoutstanding, shall be maintained and replenished from time to time, and used solely torepair, replace, improve and enlarge the improvement to be financed by the Loan, if any. 2.The Municipality shall make funds sufficient to pay the principal, administrative fees and interest as the same matures (based upon the Maturity Schedule appended hereto as Exhibit C)available to the Bond Bank at least five business days prior to each principal payment date. 3.The Bond Bank and Municipality agree that Loan proceeds will be paid to the Municipalityas Project costs are incurred and paid by the Municipality over the course of the Project, but in no event shall payments be made more often than monthly, and only on Municipality’s certification,through its authorized representative, that such costs have been paid. 4.The Municipality is obligated to make the principal, administrative fee and interest portionof the Municipal Note payments scheduled by the Bond Bank on an annual basis. The Municipality may prepay the Loan at its option without penalty. 5.The Municipality shall be obligated to inform in writing to the Bond Bank, or such agentdesignated by the Bond Bank, at least thirty days prior to each principal payment date of any changes to the name of the official or address to whom invoices for the payment of principal, administrative fees and interest should be sent. 6. The period of performance for this agreement begins upon execution and ends five years after execution. 7. Notwithstanding paragraph 14 hereof, prior to payment of the amount of the Loan, or any portion thereof, the Bond Bank shall have the right to cancel all or any part of its obligations hereunder and after payment of any portion thereof to require a refund of amounts paid if: (a) Any representation made by the Municipality to the Bond Bank in connection with its application for a loan or additional loans shall be incorrect or incomplete in any material respect; or (b) The Municipality has violated commitments made by it in its application and supporting documents or has violated any of the terms of this Loan Agreement. 8. The Municipality shall at all times comply with all applicable federal and state requirements pertaining to the Project, including but not limited to requirements of Federal Clean Water Act, Title 24 of the Vermont Statutes Annotated, and the list of Federal Laws and Authorities included as Exhibit B. The enumeration of the Federal Laws and Authorities in Exhibit B shall not be construed as a waiver by the Municipality of any exemption or exception, jurisdictional or otherwise. 9. If any provisions of this Loan Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Loan Agreement and this Loan Agreement shall be construed and enforced as if such invalid or unenforceable provision had not been contained herein. 10. This Loan Agreement may be executed in one or more counterparts, any of which shall be regarded for all purposes as an original and all of which constitute but one and the same instrument. Each party agrees that it will execute any and all documents or other instruments, and take such other actions as are necessary, to give effect to the terms of this Loan Agreement. 11. No waiver by either party of any term or condition of the Loan Agreement shall be deemed or construed as a waiver of any other terms or conditions, nor shall a waiver of any breach be deemed to constitute a waiver of any subsequent breach, whether of the same or of a different section, subsection, paragraph, clause, phrase, or other provision of this Loan Agreement. Any delay in exercising rights or requirements of the Loan Agreement does not constitute a waiver of such rights or requirements. 12. The Municipality agrees to indemnify and hold the Bond Bank, the state, its officials, agents, and employees harmless from and against any and all claims, suits, actions, costs, and damages resulting from the negligent performance or non-performance by the Municipality or any of its officials, agents, or employees of the Municipality's obligations under this Agreement, as it may be amended or supplemented from time to time. It is further understood that such indemnity shall not be limited by an insurance coverage. 13. The Municipality agrees that the Loan will be adjusted upon final audit to an amount equal to or less than the project costs determined eligible by the Department of Environmental Conservation and recommended to the Bond Bank for loan participation. 14. The Municipality agrees that if actual final eligible costs are less than the amount paid under the Loan Agreement, repayment of the excess funds will be made within sixty days of the request made by the Department of Environmental Conservation. 15. Increases, amendments, or modifications to the project during construction will be processed for record keeping purposes only, except for the addition of major approved Project Elements, Exhibit A. The Loan Agreement will also be amended upon completion of the project based upon final audited eligible costs, and any increases in the Loan will be made contingent upon availability of funds. All Project records will be retained by the Municipality and made available for state inspection upon request for three years after Project completion or until any audit questions have been resolved, whichever is later. 16. The Municipality will obtain flood insurance for any insurable portion of the Project. 17. The Municipality agrees to use the loan proceeds solely for the project for which the loan is made and any approved amendments thereto. The Municipality further agrees to make prompt payment to the contractors and to apply any interest received to the Project. Once payment has been made to contractors, the applicant shall submit a payment request to the Department of Environmental Conservation (DEC). Funds will be disbursed from Federal Award ID Number CS500001## (## equals last two digits of award year). Upon disbursement, DEC will notify the Municipality of the standard terms and conditions applicable based on the exact amount of federal funds disbursed and relevant capitalization grant being drawn down. Please see https://dec.vermont.gov/water-investment/water-financing/srf/reimbursement-help for the standard terms and conditions. If the foregoing link is not accessible, contact DEC for assistance. 18. The terms of this Loan Agreement shall be controlling over those of any prior Agreement with respect to this Loan Agreement. However, this Loan Agreement shall not otherwise supersede the terms of any other agreements between the Municipality and the State. 19. The Municipality agrees to furnish to the Bond Bank such financial statements as the Bond Bank may reasonably request, which statements and supporting records shall be prepared and maintained in accordance with Generally Accepted Accounting Principles (GAAP). 20. This agreement will be funded by approximately 80 percent federal funds. These funds are being awarded in accord with the Federal Clean Water State Revolving Fund, CFDA number 66.458, under the authority of the Environmental Protection Agency. This is not a research and development award. For any accounting year in which the Municipality expends Loan proceeds and other Federal funds of $750,000.00 or more from all Federal sources, the Municipality shall have an audit performed in accord with the Federal Single Audit Act and furnish a copy to the Vermont Department of Environmental Conservation within 9 months of the end of Municipality’s accounting period. 21. By acceptance of this Agreement, the Municipality agrees to complete a Subrecipient Annual Report as provided by the Department of Finance. Prior to submitting the Subrecipient Annual Report, the Municipality must review previous fiscal year disbursements from the Facilities Engineering Division to determine the actual amount of federal funds disbursed from the loan proceeds. The Subrecipient Annual Report must then be submitted to the State of Vermont Department of Finance within 45 days after its fiscal year end, informing the State whether or not a single audit is required for the prior fiscal year. If a single audit is required, the Municipality will submit a copy of the audit report to the Vermont Department of Environmental Conservation within 9 months of its fiscal year end. If a single audit is not required, only the Subrecipient Annual Report to the State Department of Finance is required. 22. The Municipality understands that the provisions of the Davis-Bacon Act, which is codified at Subchapter IV of Chapter 31 of Title 40 of the United States Code and U.S. Department of Labor Memorandum No. 208 (“Memorandum 208”), may apply to the Project, and the Municipality certifies and agrees that with respect to the Project, it has complied and will continue to comply with the requirements of the Davis-Bacon Act and Memorandum 208, as applicable. 23. The effective date of the Loan Agreement is the execution date of the General Obligation Note. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. Attest: VERMONT MUNICIPAL BOND BANK By: _______________________________ Secretary Executive Director Attest: City of South Burlington By: _______________________________ Clerk Chair of the Governing Body And by: ___________________________________ Treasurer Date____________________________ List of Loan Exhibits EXHIBIT A: Project description and conditions EXHIBIT B: List of Federal Laws and Authorities EXHIBIT C: General Obligation Note EXHIBIT D: Resolution and Certificate EXHIBIT A PROJECT DESCRIPTION AND CONDITIONS FOR THIS AGREEMENT Description: This loan is for final design of the refurbishment of the Airport Parkway Wastewater Treatment Facility sludge storage facilities and construction of a new primary clarifier. Conditions: 1) Repayment of this loan shall commence no later than five (5) years after the execution of the loan, unless the terms of the loan indicate the loan principal will be completely forgiven. 2) If the project funded with this loan proceeds to construction within five (5) years of loan execution and the construction project is funded with a SRF loan, the planning loan will be consolidated with the construction loan. 3) The engineer will meet with the Water Investment Division (WID) to present work summaries at 30% work completion, 60% work completion, and 90% work completion, or as otherwise directed by the WID engineer. Disbursements will not be made without each required meeting and disbursements above 90% of the loan amount will not be made until the final documents have been received, reviewed, and approved by WID. 4) After completion of planning, if project construction is to be fully funded by grants and/or loans administered by other federal, state, or local funding agencies (referred to as “alternative funding”), the Applicant will, within sixty (60) days of receiving alternative funds, repay the entire portion of the CWSRF planning loan. Under certain circumstances partial or full planning loan forgiveness may be allowable, such as when planning costs are not being paid for from alternative funds. 5) The Applicant shall, as a condition of the loan, provide the Department with a digitally formatted copy of any plan or surveys developed with funds awarded under the loan, if the Applicant or any subcontractor develops plans or surveys in digital format. By acceptance of the loan, the Applicant agrees to pass through this requirement to any subcontracts awarded and funded by the loan. This condition is included pursuant to Section 56 of Act 233 of 1994. Such digital formats are subject to the Federal Freedom of Information Act and the State Access to Public Records and Document Statute and, unless otherwise restricted, the Department will release copies of such information to the general public upon request. It shall be acceptable to submit read only copies or copies marked archival copies only. The Applicant, by acceptance of this loan agrees not to copyright any plans or surveys developed pursuant to this action. Acceptable electronic formats include pdf and pdf/A. EXHIBIT B LIST OF FEDERAL LAWS AND AUTHORITIES WHERE APPLICABLE ENVIRONMENTAL: • “American Iron and Steel” requirements of P.L. 113-76 the Consolidated Appropriations Act of 2014 • Archeological and Historic Preservation 16 USC §469a-1 • Bald and Golden Eagle Protection Act, 16 USC §668-668c • Clean Air Act, 42 USC §7401 • Coastal Barrier Resources Act, 16 USC §3501 • Coastal Zone Management 16 USC §1451 • Davis-Bacon Act (40 CFR '31.36(i)(5)) • Davis Bacon and Related Acts Wage Rate Requirements (29 CFR 5.5) • Endangered Species Act, 16 USC §1531 • Floodplain Management, Executive Order 11988, as amended by Executive Order 12148 • Protection of Wetlands, Executive Order 11990 (1977) as amended by Executive Order 12608 (1997) • Environmental Justice, Executive Order 12898 • Protection and Enhancement of the Cultural Environment, Executive Order 11990 (1977), as amended by Executive Order • Farmland Protection Policy Act, 7 USC §4201 • Fish and Wildlife Coordination Act, 16 USC §661 • Magnuson-Stevens Fishery Conservation and Management Act, 16 USC §1801 et seq. • Marine Mammal Protection Act, 16 USC §7703 et seq. • Migratory Bird Act 16 USC Chapter 7, Subchapter II: Migratory Bird Treaty • National Historic Preservation Act 54 USC § 300101 et seq. • Rivers and Harbors Act, 33 USC §403 • Safe Drinking Water Act, 42 USC §300f • Wild and Scenic Rivers Act 16 USC §1271 ECONOMIC: • Demonstration Cities and Metropolitan Development Act of 1966, PL 89-754 as amended • Section 306 of the Clean Air Act and Section 508 of the Clean Water Act, including Executive Order 11738, Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans SOCIAL LEGISLATION: • Age Discrimination Act, PL 94-135 • Civil Rights Act of 1964, PL 88-352 • Disadvantaged Business Enterprise, 49 USC § 47113 - Minority and disadvantaged business participation • Equal Employment Opportunity, Executive Order 11264 • Women’s and Minority Business Enterprise, Executive Orders 11625 and 12138 • Section 13 of PL 92-500; Prohibition against sex discrimination under the Federal Water Pollution Control Act • Rehabilitation Act of 1973, PL 93-112 (including Executive Orders 11914 and 11250) MISCELLANEOUS AUTHORITY: • Executive Order 12549 - Debarment and Suspension • Trafficking and Violence Protection Act of 2000 (P.L. 106-386) • Uniform Relocation and Real Property Acquisition Policies Act of 1970, PL 91-646 • Signage requirements per 2015 EPA guidance • 2 CFR 200.216 and section 889 of Public Law 115-232, Prohibition of certain telecommunication and video surveillance services or equipment • Build America, Buy America (BABA) provisions of the Federal Infrastructure Investment and Jobs Act (IIJA) EXHIBIT C $124,100.00 UNITED STATES OF AMERICA STATE OF VERMONT City of South Burlington GENERAL OBLIGATION NOTE The City of South Burlington (hereinafter called the “Municipality”), a body corporate and a political subdivision of the State of Vermont, promises to pay to the Vermont Municipal Bond Bank, or registered assigns, the not-to-exceed sum of $124,100.00 with a preliminary interest at the rate of 0.00% per annum and with a preliminary administrative fee of 0.00%, subject to change based on final disbursed value, beginning on 1/1/2029 as follows: Vermont EPA Clean Water State Revolving Fund South Burlington City, Vermont Loan RF1-353-2.0 Prepared on 7/25/2024Loan Terms Loan Amount:$124,100.00 Loan Term Years5 Interest rate:0.0000% Administrative Fe0.0000% Repayment Date Payment Number Principal Due Principal Payment Principal Forgiven Interest Payment Administrative Fees Total Payment 1/1/2029 1 124,100.00 12,410.00 62,050.00 0.00 0.00 12,410.00 1/1/2030 2 49,640.00 12,410.00 0.00 0.00 0.00 12,410.00 1/1/2031 3 37,230.00 12,410.00 0.00 0.00 0.00 12,410.00 1/1/2032 4 24,820.00 12,410.00 0.00 0.00 0.00 12,410.00 1/1/2033 5 12,410.00 12,410.00 0.00 0.00 0.00 12,410.00 62,050.00 62,050.00 0.00 0.00 For planning purposes only. Figures subject to change based on actual disbursements. EXHIBIT C This Note is payable in lawful money of the United States at M&T Bank in the City of Burlington, State of Vermont. Repayment terms shall comply with 24 V.S.A. Chapter 120, §4755 which prohibits deferral of payment. Final payment of this Bond shall be made upon surrender of this Bond for cancellation. This Note is issued by the Municipality for the purpose of financing design of infrastructure improvements under and by virtue of Title 24, Vermont Statutes Annotated, and a vote of the governing body of the Municipality duly passed on 11/7/2023. This Note is transferable only upon presentation to the Treasurer of the Municipality with a written assignment duly acknowledged or proved. No transfer hereof shall be effectual unless made on the books of the Municipality kept by the Treasurer as transfer agent and noted hereon by the Treasurer with a record of payments as provided hereon. It is hereby certified and recited that all acts, conditions and things required to be done precedent to and in the issuing of this Note have been done, have happened, and have been performed in regular and due form, as required by such law and vote, and for the assessment, collection and payment hereon of a tax to pay the same when due the full faith and credit of the Municipality are hereby irrevocably pledged. IN TESTIMONY WHEREOF, the Municipality has caused this Note to be signed by its Treasurer, and a majority of its Selectboard and its seal to be affixed hereto. City of South Burlington By: _____________________________ ________________________________ ________________________________ ________________________________ ________________________________ Majority of its Governing Body Date____________________________ ________________________________ Treasurer EXHIBIT C $124,100.00 City of South Burlington GENERAL OBLIGATION NOTE CERTIFICATE OF REGISTRATION It is hereby certified that this Note is a fully registered Note, payable only to the holder of record as appears of record in the office of the Treasurer of the issuing Municipality. This Note may be transferred by presentation of the same with an assignment in writing signed by the registered holder. Presentation shall be made to the Treasurer of the Municipality at his office and he shall record such transfer in his records and on the Note. The name and address of the original registered owner of this Note is Vermont Bond Bank, 100 Bank St, Suite 401, Burlington, VT 05402. . ___________________________ Treasurer EXHIBIT D RESOLUTION AND CERTIFICATE (General Obligation) (Vermont Clean Water State Revolving Fund) WHEREAS, at meetings of the municipal legislative body of the City of South Burlington (herein called the “Municipality”) at each of which all or a majority of the members were present and voting, which meetings were duly noticed, called and held as appears of record, it was found and determined that the public interest and necessity required certain public wastewater improvements described in Exhibit A, and it was further found and determined that the cost of making such public improvements would be too great to be paid out of ordinary annual income and revenue, and that a proposal for providing such improvements and the issuance of bonds of the Municipality to pay for its share of the cost of the same shall be submitted to the legal voters at meetings thereof, and it will be ordered, all of which action will be hereby ratified and confirmed; and WHEREAS, the Municipality has applied for financial assistance in planning for the authorized improvements which application has been approved by the Department of Environmental Conservation and the Vermont Municipal Bond Bank, as evidenced by the Funding Application Approval, the terms and conditions of which are found in Exhibit A; and WHEREAS, pursuant to powers vested in them by law the said governing board is about to enter into a Loan Agreement on behalf of the Municipality with the Vermont Municipal Bond Bank respecting a Loan from said Bank in the amount of $124,100.00 to be discounted by the amount of up to $$62,050, repayable with interest at the rate of 0.00% per annum, together with an administrative fee of 0.00%. AND WHEREAS, the Note to be given by the Municipality to the Vermont Municipal Bond Bank at the time of receiving the proceeds of said Loan shall be substantially in the form found in Exhibit C; THEREFORE, be it resolved that the Governing Body proceed forthwith to cause said Note to be executed and delivered to the Vermont Municipal Bond Bank upon the price and terms stated, and be registered as the law provides; and BE IT FURTHER RESOLVED, that the Note when issued and delivered pursuant to law and this Resolution shall be the valid and binding obligation of the said Municipality, payable according to law and the terms and tenor thereof from unlimited ad valorem taxes on the grand list of taxable property of said Municipality as established, assessed, apportioned and provided by law; and BE IT FURTHER RESOLVED, that in addition to all other taxes, there shall annually be assessed and collected in the manner provided by law each year until the Note, or any bond or bonds issued to refund or replace the same, is fully paid, a tax, charge or assessment sufficient to pay the note and bond or bonds as the same shall become due; and BE IT FURTHER RESOLVED, that execution of the above-referenced Loan Agreement between the Municipality and the Vermont Municipal Bond Bank is hereby authorized, the presiding officer of the legislative body and Treasurer of the borrower being directed to execute said Loan Agreement on behalf of the Municipality and the legislative branch thereof; and EXHIBIT D BE IT FURTHER RESOLVED, that the Municipality expressly incorporates into this Resolution each and every term, provision, covenant and representation set forth at length in Exhibit A to be delivered in connection with the issuance and sale of the Note, execution and delivery of each of which is hereby authorized, ratified and confirmed in all respects, and the covenants, representations and undertakings set forth at length in said Loan Agreement are incorporated herein by reference; and BE IT FURTHER RESOLVED, that all acts and things heretofore done by the lawfully constituted officers of the Municipality, and any and all acts or proceedings of the Municipality and of its Governing Body, in, about or concerning the improvements hereinabove described and of the issuance of evidence of debt in connection therewith, are hereby ratified and confirmed. BE IT FURTHER RESOLVED, that in connection with the pending sale of the Note in the face amount of $124,100.00 to the Vermont Municipal Bond Bank, execution and delivery of the Note, this Resolution Certificate, Loan Agreement and incidental documents, all attached hereto, are authorized; and BE IT FURTHER RESOLVED, that M&T Bank in the City of Burlington, Vermont, is hereby designated the Municipality's paying agent with respect to the Note and the Loan Agreement. And we, the undersigned officers, as indicated, hereby certify that we as such officers have signed the Note payable as aforesaid, and reciting that it is issued under and pursuant to the vote herein above mentioned, and we also certify that the Note is duly registered in the office of the Treasurer of the Municipality as prescribed by law. And we, the said officers of the Municipality, hereby certify that we are the duly chosen, qualified and acting officers of the Municipality as undersigned; that the Note is issued pursuant to said authority; that no other proceedings relating thereto have been taken; and that no such authority or proceeding has been repealed or amended. We further certify that no litigation is pending or threatened affecting the validity of the Note nor the levy and collection of taxes, charges or assessments to pay it, nor the works of improvement financed by the proceeds of the Note, and that neither the corporate existence of the Municipality nor the title of any of us to our respective offices is being questioned. EXHIBIT D ATTEST: City of South Burlington By: ____________________________ Clerk _______________________________ _______________________________ _______________________________ _______________________________ Majority of its Governing Body And By: _______________________________ Its Treasurer 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: August 9, 2024 Re: Update to the South Burlington Sanitary Sewer & Stormwater Ordinance This evening is the third reading and second public hearing on draft amendments to the City’s Sanitary Sewer & Stormwater Ordinance, as warned by Council at your August 5th meeting. Enclosed with your packet please ϐind a “redline” version of the Sanitary Sewer & Stormwater Ordinance with the amendments as voted upon for public hearing in August, including the establishment of an alternative billing method for properties where the installation of a water meter is prohibitive or infeasible. 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 establishment of an alternative billing method for properties where the installation of a water meter is prohibitive or infeasible. 180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4112 | WWW.SOUTHBURLINGTONVT.GOV 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 August 5th, (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 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 August 5, 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 (future date) ________ 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. PART II - CODE OF ORDINANCES Chapter 38 UTILITIES South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST] Page 3 of 26 House connection means that part of the sewage system that runs from the main sanitary sewer to the property line and includes all necessary fittings. Illicit discharge means any direct or indirect non-stormwater discharge to the stormwater sewer system. that is not expressly authorized by this ordinance. Impervious surface means those man-made surfaces, including, but not limited to, paved and unpaved roads, parking areas, roofs, driveways, sidewalks, walkways, compacted gravel and soil surfaces, and awnings and other permanent fabric or plastic coverings, from which precipitation runs off rather than infiltrates. Industrial activity means activities subject to NPDES industrial permits as defined in 40 CFR 122.26(b)(14). Industrial wastes means the liquid wastes from an industrial manufacturing process, trade, or business. The term "industrial wastes" does not include sanitary sewage. Main sanitary sewer means the sewers laid longitudinally along the centerline or other part of the streets or other rights-of-way and to which all owners or abutting properties have equal rights and which is controlled by public authority. MS4 permit means the state agency of natural resources' general permit 3-9014, as amended or reissued, pursuant to which the city obtained coverage for stormwater discharges from its municipal separate storm sewer system. National Pollutant Discharge Elimination System (NPDES) stormwater discharge permit means a permit issued by EPA (or by a state under authority delegated pursuant to 33 USC 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis. Natural outlet means any outlet into a watercourse, pond, ditch, lake, or other body of surface water or groundwater. Non-single-family residence (NSFR) means all types of developed property in the city except single-family residences. Non-stormwater discharge means any discharge to the stormwater system that is not composed entirely of stormwater or such other waters or materials as are specifically authorized herein. The term "non-stormwater discharge" includes placing or depositing any hazardous material or pollutant in the stormwater system. On-site sewage treatment and disposal system means a septic tank and leaching field system utilizing natural soil to treat and disperse sewage in such a manner as to protect public health, and both groundwater and surface water from contamination. Permitted wastewater flow means the maximum plant wastewater flow authorized in the discharge permit on an annual average (365-day average) basis, or on the high seasonal use period as defined in the discharge permit. Plant wastewater flow means the wastewater passing through the treatment plant in gallons per day on an annual average basis (365-day average) except where flows vary significantly from seasonal development. In the latter case, plant wastewater flow is determined as the average throughout the high seasonal use period, as determined by the board. Plants means municipal sewage treatment plants owned by the city. Pollutant means any introduced substance which causes or contributes to pollution. Pollutants may include, but are not limited to, paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and PART II - CODE OF ORDINANCES Chapter 38 UTILITIES South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST] Page 4 of 26 fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; heat; rock, sand, cellar dirt, dredged spoil; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. Private sewage system or facilities means all facilities for collecting, pumping, treating, and disposing of sewage that is not under the control of nor operated by the city. Public sewage system or facilities means all facilities for collecting/pumping, treating and disposing of sewage that are controlled and operated by the city. Public stormwater system means all elements of the stormwater system located in the city that are controlled and operated by the city or that carry water that drains from any public property, including street rights-of-way. Regulated private system means those stormwater systems located on privately owned property in the city that are subject to or required to obtain a permit for stormwater discharges under federal or state law, which permits routinely require installation and maintenance of stormwater management or treatment improvements. Reserve capacity means the permitted wastewater flow minus the actual plant wastewater flow during the preceding 12 months. Sanitary sewer means a sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted. Sewage or wastewater means a combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and stormwaters as may be present. Sewage and stormwater commissioners (or commissioners or boardboard of commissioners) means members of the city council acting as a board of sewage and stormwater commissioners under 24 V.S.A. § 36143602. Sewage treatment plant means any arrangement of devices and structures used for treating sewage. Sewer means a pipe, culvert, ditch, swale or other conduit for carrying sewage or stormwater. Sewer service area means that area of the city that is within 200 feet horizontally from existing municipal collection lines and manholes, excluding the City Center sewer service area, as shown on the sewer service area Map, dated January 3, 2001, located in Map 5, Public Utilities No. 2, of the city comprehensive plan. The sewer service area may be altered by adoption of an amendment to this article. If there is any conflict between the sewer service area shown on the above-referenced map and the City Center sewer service area, as defined herein, the area included within the City Center sewer service area shall control. means the area served by or planned to be served by the publicly owned sewer system, as shown on the sewer service area map, located in Appendix A of this ordinance. Sewers means the sewage collection and transmission system owned by the city. Single-family residence (SFR) means detached single-family homes, duplexes, and triplexes. Slug means any discharge of water, sewage, or industrial waste which, in concentration of any given constituent or in quantity of flow, exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour concentration or flows during normal operation. Storm drain means a sewer intended to carry only stormwater and surface waters. Stormwater means excess water from rainfall and snow melt that does not evaporate or penetrate into the ground, which flows overland and is collected and transported to waters of the state or the United States by the PART II - CODE OF ORDINANCES Chapter 38 UTILITIES South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST] Page 5 of 26 stormwater system, together with any material that becomes dissolved or suspended in such water during its overland flow before entering the stormwater system. Stormwater appeal board means the city manager, public works director, and a third person appointed by the city council. Stormwater discharge means any stormwater that is transported, naturally or otherwise, from a developed property to the public stormwater system or to a watercourse. Stormwater services division means that city division within the department of public works responsible for construction, operation and maintenance of the public stormwater system. Stormwater superintendent means that employee of the city who shall be designated from time to time by the city manager to oversee the stormwater services division. Stormwater system means natural and man-made drainage structures, conveyances, storm drains, catchbasins, and any other appurtenant device or structure where stormwater is collected, transported, pumped, treated, or disposed of. Stormwater upgrade feasibility analysis (SUFA) means those standards and procedures, as adopted and amended by city council, defining the processes of engineering feasibility analysis for upgrade, repair and maintenance of stormwater systems in the city, which shall be incorporated by reference herein. Subdivision as defined by the City's Land Development Regulations. means a tract of land, owned or controlled by a person, which has been partitioned or is intended to be divided for the purpose of sale or lease into two or more lots. The dividing of a parcel of land by sale, gift, lease, mortgage foreclosure, court-ordered partition or filing of a plot plan on the town records where the act of division creates one or more parcels of land of less than ten acres in area, but excluding leases subject to the provisions of 10 V.S.A. ch. 153, relating to mobile homes. Subdivision shall be deemed to have occurred on the conveyance of the first lot or the filing of a plot plan on the town records, whichever shall first occur; or the commencement of building development with intent to subdivide, such that the building development will be located upon a parcel of land less than ten acres in size. Suspended solids means solids that either float on the surface of, or are in suspension in, water, sewage, or other liquids, and which are removable by laboratory filtering or use of BMPs. Uncommitted reserve capacity means that portion of the reserve capacity remaining after subtracting the development wastewater flow of all projects for which a final allocation has been granted, but are not yet discharging to the sewer, and any capacity reserved by the city council for allocation to development in the City Center sewer service area. VSMM means the Vermont Stormwater Management Manual, as amended from time to time by the state agency of natural resources, which shall be incorporated by reference herein. Wastewater Water quality superintendent means that employee of the city who shall be designated from time to time by the city manager to oversee the department of public works wastewater water quality division. Watercourse means a channel in which a flow of water occurs, either continuously or intermittently. (Ord. of 3-21-2005, art. I, § 1, art. III, § 2; Ord. of 10-17-2016(1), § 1.1; Ord. of 12-5-2022, § 1.1) Sec. 38-321. Abbreviations. For the purpose of this article, the following abbreviations shall have the meaning ascribed to them under this section. References to standards of the following organizations shall refer to the latest edition of it. ASTM means American Society for Testing and Materials. mg/L means milligrams per liter. PART II - CODE OF ORDINANCES Chapter 38 UTILITIES South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST] Page 6 of 26 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: PART II - CODE OF ORDINANCES Chapter 38 UTILITIES South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST] Page 7 of 26 (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) PART II - CODE OF ORDINANCES Chapter 38 UTILITIES South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST] Page 8 of 26 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. PART II - CODE OF ORDINANCES Chapter 38 UTILITIES South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST] Page 9 of 26 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). PART II - CODE OF ORDINANCES Chapter 38 UTILITIES South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST] Page 10 of 26 (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 PART II - CODE OF ORDINANCES Chapter 38 UTILITIES South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST] Page 11 of 26 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. PART II - CODE OF ORDINANCES Chapter 38 UTILITIES South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST] Page 12 of 26 (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. PART II - CODE OF ORDINANCES Chapter 38 UTILITIES South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST] Page 13 of 26 (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. PART II - CODE OF ORDINANCES Chapter 38 UTILITIES South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST] Page 14 of 26 (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: PART II - CODE OF ORDINANCES Chapter 38 UTILITIES South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST] Page 15 of 26 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 PART II - CODE OF ORDINANCES Chapter 38 UTILITIES South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST] Page 16 of 26 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 PART II - CODE OF ORDINANCES Chapter 38 UTILITIES South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST] Page 17 of 26 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) PART II - CODE OF ORDINANCES Chapter 38 UTILITIES South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST] Page 18 of 26 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) PART II - CODE OF ORDINANCES Chapter 38 UTILITIES South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST] Page 19 of 26 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 PART II - CODE OF ORDINANCES Chapter 38 UTILITIES South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST] Page 20 of 26 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). PART II - CODE OF ORDINANCES Chapter 38 UTILITIES South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST] Page 21 of 26 (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 PART II - CODE OF ORDINANCES Chapter 38 UTILITIES South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST] Page 22 of 26 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. PART II - CODE OF ORDINANCES Chapter 38 UTILITIES South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST] Page 23 of 26 (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 PART II - CODE OF ORDINANCES Chapter 38 UTILITIES South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST] Page 24 of 26 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 PART II - CODE OF ORDINANCES Chapter 38 UTILITIES South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST] Page 25 of 26 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. PART II - CODE OF ORDINANCES Chapter 38 UTILITIES South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST] Page 26 of 26 (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) 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 28 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. 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 28 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. PART II - CODE OF ORDINANCES Chapter 38 UTILITIES South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST] Page 3 of 28 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. PART II - CODE OF ORDINANCES Chapter 38 UTILITIES South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST] Page 4 of 28 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) PART II - CODE OF ORDINANCES Chapter 38 UTILITIES South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST] Page 5 of 28 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 PART II - CODE OF ORDINANCES Chapter 38 UTILITIES South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST] Page 6 of 28 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) PART II - CODE OF ORDINANCES Chapter 38 UTILITIES South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST] Page 7 of 28 -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 PART II - CODE OF ORDINANCES Chapter 38 UTILITIES South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST] Page 8 of 28 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) PART II - CODE OF ORDINANCES Chapter 38 UTILITIES South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST] Page 9 of 28 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: PART II - CODE OF ORDINANCES Chapter 38 UTILITIES South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST] Page 10 of 28 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. PART II - CODE OF ORDINANCES Chapter 38 UTILITIES South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST] Page 11 of 28 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. PART II - CODE OF ORDINANCES Chapter 38 UTILITIES South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST] Page 12 of 28 (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 PART II - CODE OF ORDINANCES Chapter 38 UTILITIES South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST] Page 13 of 28 *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 PART II - CODE OF ORDINANCES Chapter 38 UTILITIES South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST] Page 14 of 28 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; PART II - CODE OF ORDINANCES Chapter 38 UTILITIES South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST] Page 15 of 28 (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) PART II - CODE OF ORDINANCES Chapter 38 UTILITIES South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST] Page 16 of 28 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. PART II - CODE OF ORDINANCES Chapter 38 UTILITIES South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST] Page 17 of 28 (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. PART II - CODE OF ORDINANCES Chapter 38 UTILITIES South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST] Page 18 of 28 (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. PART II - CODE OF ORDINANCES Chapter 38 UTILITIES South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST] Page 19 of 28 (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 PART II - CODE OF ORDINANCES Chapter 38 UTILITIES South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST] Page 20 of 28 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: PART II - CODE OF ORDINANCES Chapter 38 UTILITIES South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST] Page 21 of 28 (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 PART II - CODE OF ORDINANCES Chapter 38 UTILITIES South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST] Page 22 of 28 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 PART II - CODE OF ORDINANCES Chapter 38 UTILITIES South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST] Page 23 of 28 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. PART II - CODE OF ORDINANCES Chapter 38 UTILITIES South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST] Page 24 of 28 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) PART II - CODE OF ORDINANCES Chapter 38 UTILITIES South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST] Page 25 of 28 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 PART II - CODE OF ORDINANCES Chapter 38 UTILITIES South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST] Page 26 of 28 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; PART II - CODE OF ORDINANCES 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 19, 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 17th. •Additional updates were proposed in the Sanitary Sewer Ordinance on August 5th. 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. •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. 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 third reading and second 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 August 5th, •(b) make any changes it may feel appropriate and warn a second public hearing, or •(c) table action to a future meeting. Credit Manual for Stormwater Fees CREDIT MANUAL FOR STORMWATER FEES 2 City of South Burlington Table of Contents 1. Introduction ....................................................................................................................................... 3 2. Definitions ......................................................................................................................................... 3 3. Credit Policies and Instructions ......................................................................................................... 5 4. Credit Application and Approval Process .......................................................................................... 9 5. NPDES Permit Credit .......................................................................................................................... 9 6. The Education Credit ....................................................................................................................... 11 CREDIT MANUAL FOR STORMWATER FEES 3 City of South Burlington The Council of the City of South Burlington hereby ordains: 1. Introduction In March 2005, the City Council of the City of South Burlington Vermont 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. 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. The South Burlington 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. 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 the following pages. 2. Definitions The following words, terms and phrases, when used in this Manual, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Best Management Practices or BMPs 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 of Vermont 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. Credit An ongoing reduction in a property's normally calculated stormwater fee given for certain qualifying activities that reduce the impact of increased stormwater runoff resulting from development, or provide an ongoing public benefit related to stormwater management. Customer or Stormwater Customer The person responsible for payment of the stormwater fee for a property. Typically this is the property owner, but can also be a tenant or leaseholder. CREDIT MANUAL FOR STORMWATER FEES 4 City of South Burlington Equivalent Residential Unit (ERU) The base billing unit that is established for the purpose of standardizing stormwater fees and allocating costs, based on impervious surface, to different property types. One ERU is equal to the amount of impervious surface that can be found on a typical single-family residential property and was determined to be 2,700 square feet in South Burlington. ERU Rate The stormwater fee applied to each equivalent residential unit, or 2,700 square feet of impervious surface. Impervious Surface Those manmade surfaces, including, but not limited to, paved and unpaved roads, parking areas, roofs, driveways, and walkways, from which precipitation runs off rather than infiltrates. For the purpose of this Credit Manual, impervious surface shall also include, but is not limited to, compacted gravel or soil surfaces, storage areas, awnings (and other fabric or plastic coverings). MS4 Permit The Vermont Agency of Natural Resources’ General Permit #3-9014, as amended or re- issued, pursuant to which the Town obtained coverage for Stormwater discharges from its municipal separate storm sewer system. National Pollutant Discharge Elimination System or NPDES 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. Notice of Intent or NOI Form typically required as part of a permit coverage application. Non-single-family residential property (NSFR) Non-single family residential properties are individual developed properties that have impervious surfaces and are not used as a single-family residential property (as defined herein). This can include, but is not limited to, multiple dwelling unit residential properties (e.g., apartments, condominiums, townhomes) that have greater than three units per building, commercial and office buildings, public buildings and structures, industrial and manufacturing buildings, storage buildings and storage areas covered with impervious surfaces, parking lots, parks, recreation properties, public and private schools and universities, research stations, hospitals and convalescent centers, airports, agricultural uses covered by impervious surfaces, and water and wastewater treatment plants. For non-residential properties, the impervious surface on the property is measured and converted into a whole number of ERUs. The number of ERUs is used to determine the stormwater fee for that particular property. Stormwater Treatment Practice (STP) A specific device or technique, including a non-structural practice, designed to provide stormwater quality treatment and/or quantity control as defined in the Vermont Stormwater Management Manual. Single-family residential property (SFR) Developed land containing one dwelling structure which is not attached to another dwelling structure and is designed for occupancy in one, two, or three residences. These may include houses, duplexes, and triplexes, manufactured homes, and mobile homes located on one or more individual lots or parcels of land. For purposes of the stormwater utility, properties that are designed as a single-family residence but are used for commercial purposes are considered single-family residential so long as the property does not have additional impervious surfaces, such as parking spaces, impervious surfaced playgrounds, structures or CREDIT MANUAL FOR STORMWATER FEES 5 City of South Burlington additions to the building that are associated with the commercial use of the property. Each single- family residential property is assigned a flat rate bill of one ERU. Stormwater Rainfall runoff, snowmelt runoff, surface runoff and general drainage related to a precipitation event. Vermont Stormwater Management Manual or VSMM The Vermont Stormwater Management Manual, as amended by the Agency of Natural Resources, which shall be incorporated by reference herein. 3. Credit Policies and Instructions (A) General Policies (1) Credit is given to eligible properties only, as described in the credit policies presented in this manual. (2) Multiple credits can be given to eligible properties. The total credit given to any property cannot exceed 50% of the stormwater fee for that property. (3) It is the responsibility of the stormwater customer to apply for stormwater credits, and to provide the necessary substantiating information with the credit application, as described herein. (4) Credit applications are available from the Department of Public Works. Questions relating to credits and credit applications should be directed to the Stormwater Superintendent. Utility staff are not responsible for initiating, performing engineering calculations, or otherwise assisting with the preparation of credit applications. (5) Credit applications will only be reviewed if they are filled-out completely. The review will be performed within four (4) weeks after the complete application is submitted. (6) If a credit application is approved at least two weeks before an applicant’s next regularly scheduled bill, the credit will be applied to that upcoming bill. The credit will be applied to all three months assessed on the next regularly scheduled utility bill. If the credit application is not approved, the credit applicant will be notified by U.S. mail. (7) Credits will not be applied retroactively and the Stormwater Utility will not refund any portion of the stormwater fees paid prior to the approval of the applicant’s credit application. (8) The credit will remain effective as long as the property is eligible to receive the credit, as per the credit policies defined herein. (9) Pursuant to 24 V.S.A. § 3615(c), the Vermont Agency of Transportation shall receive a thirty-five percent (35%) credit on its stormwater fees, and no other credit will be issued. (B) The Stormwater Treatment Practice (STP) Credit. The City of South Burlington Stormwater Utility offers a credit to non-single family residential properties that design, construct and maintain Stormwater Treatment Practices (STPs) as defined in the Vermont Stormwater Management Manual. This credit is offered under the premise that properties that properly utilize STPs can reduce impacts on downstream water quality, channel erosion, and flooding. However, when constructed improperly not CREDIT MANUAL FOR STORMWATER FEES 6 City of South Burlington maintained, these facilities can become ineffective in such impact reduction, and can even aggravate problems caused by stormwater drainage. Conditions and policies relating to the applicability of the STP credit are listed below: (1) An STP credit will be available to NSFR properties that design, construct and maintain Stormwater Treatment Practices that meet the treatment standards, sizing criteria, and/or non- structural criteria and restrictions that are set forth in the Vermont Stormwater Management Manual, as amended, or Article 12 of the City of South Burlington Land Development Regulations, as amended. In the event that the above applicable provisions of the Vermont Stormwater Management Manual and Article 12 of the City of South Burlington Land Development Regulations conflict, the more restrictive shall apply. (2) The STP credit is a graduated credit that is based on the treatment standards that are implemented on a NSFR property. A property can implement one or more of the treatment standards, adding credit percentages up to 50% of the total stormwater fee for that property. The total credit given to any property cannot exceed 50% of the stormwater fee for that property. (C) Credits for Control of Stormwater from Off-Site Properties. NSFR property owners that construct and maintain STPs that control stormwater from other NSFR and SFR properties (i.e., “off-site” from the property on which the STP is located) are eligible to receive STP credits for the control of stormwater from the off-site NSFR and SFR properties, up to a maximum of 50% of the total stormwater fees for those properties. The credits for off-site properties will ONLY be applied to the stormwater fee assessed for the NSFR property on which the STP is located. The maximum credit that a property owner can receive for the control of stormwater from off-site properties shall never exceed 100% of the stormwater fee assessed for the property on which the STP is located. The stormwater utility will never under any circumstance provide a fee refund for unused STP credits for off-site properties. Additional credit will not be given for the control of stormwater runoff from off-site properties that are publicly owned. (1) A NSFR property can apply for credit for treating the stormwater from off-site SFR property(s) or off-site NSFR property(s). However, per section 3(B), SFR properties are not eligible for STP credit. (2) STP credit for off-site property will be immediately discontinued if stormwater from off- site property is no longer treated by the STP that had previously been granted credit for treating this stormwater. Off-site properties are under no obligation to continue discharging stormwater in the same manner that they were at the time credit is was awarded. If stormwater is later treated by the STP after a credit has been discontinued, a new credit application must be submitted for review and approval. (3) If off-site conditions change and additional stormwater is treated by a credited STP, the property owner must provide a new credit application to receive credit for treatment of this additional stormwater. Additional credits must be requested and applied for and will not automatically be applied to the original STP credit. (4) Multiple STP credits will not be awarded for the control and treatment of stormwater for the same impervious surface. i. Credit for treating off-site stormwater will not be awarded if that stormwater is already part of an approved STP credit application. CREDIT MANUAL FOR STORMWATER FEES 7 City of South Burlington ii. If STP credit is granted for treatment of stormwater from off-site property and the off-site property is later granted STP credit for providing treatment of this stormwater, the credit will be removed from the total that was awarded to the downstream property owner. iii. Credit for treating stormwater from off-site property is awarded on a “first come, first served” basis. If two property owners have STPs that provide treatment for the same stormwater from off-site property, the property that first applies for and receives credit is awarded the credit. There will be no splitting or sharing of credit for off-site properties. The property owner is always given priority for awarding STP credit for treatment on their own property. (D) Table 1 presents the available credit allocation for each treatment standard. Table 1. STP Credit Percentages (E) STP credits will only be applied to that portion of property or properties served by a stormwater treatment practice. (F) STP Waivers. Properties that qualify for waivers of the Groundwater Recharge, the Channel Protection, the Overbank Flood, or the Extreme Flood treatment standards are not eligible for the STP credit for the treatment standard that has been waived. (G) Overbank Flood (Qp10) and Extreme Storm (Qp100). A property cannot get an additional credit for providing both Overbank Flood and Extreme Storm STPs. Properties that implement controls for both the Qp10 and Qp100 treatment standards will receive a maximum 10% credit for flood control STPs. (H) Runoff Reduction. The Runoff Reduction Framework as outlined in the VSMM may be used to wholly or partially meet the treatment Credits through runoff reduction. The methods for meeting each treatment standard through runoff reduction are described in the VSMM. (I) Sufficient information must be supplied to the City Stormwater Superintendent to verify that STPs and non-structural practices, as designed and constructed, meet the treatment standards and criteria and/or restrictions as specified within the Vermont Stormwater Management Manual, as amended. Treatment Standard or Criteria Credit Amount Water Quality (WQv) 15% Groundwater Recharge (Rev) 15% Channel Protection (CPv) 15% Overbank Flood (Qp10) or Extreme Storm (Qp100) 10% CREDIT MANUAL FOR STORMWATER FEES 8 City of South Burlington (J) An STP submitted for credit must treat the stormwater to the full extent of the treatment standard as specified in the Vermont Stormwater Management Manual, as amended. (K) In order for an STP to receive credit it does not have to treat all the stormwater on a property. Credit can be prorated for STPs that treat a portion of the impervious area stormwater on a property as long as the STP meets the requirements of the Vermont Stormwater Management Manual. For example, if a property contains 4 acres of impervious surface and installs an STP that treats stormwater from 2 acres of impervious surface to the full extent of the Water Quality Volume standard as specified in the Vermont Stormwater Management Manual, then that site is eligible for 50% of the WQv credit. The site would receive a 7.5% reduction (i.e. the WQv credit is worth a 15% credit, 50% x 15% = 7.5%) to its stormwater fee. (L) STPs utilized at State permitted redevelopment sites that are designed to treat 20% of the Water Quality volume (WQv) are only eligible to receive 20% of the WQv credit amount (20% x 15% = 3%). (M) A STP is only eligible to receive credit for the treatment standards for which it meets in the Vermont Stormwater Management Manual. If a pond is designed to meet all CPv criteria, but does not meet all WQv criteria, only the CPv credit will be applied to the stormwater treated. (N) STPs must be operated and maintained in proper condition at all times to control stormwater runoff to the treatment standards and criteria and/or restrictions, as specified within the Vermont Stormwater Management Manual, as amended. If the applicant does not operate and maintain the STPs as required, the credit will be discontinued. Thirty (30) days’ notice of a non-complying condition and intent to revoke a stormwater service charge credit shall be provided to the stormwater customer receiving a credit before the credit is revoked thereby allowing the customer the opportunity to attain compliance. The Stormwater Superintendent or the City Manager may extend this notice period if deemed appropriate. STPs that receive permit coverage through the City’s MS4 permit are eligible to receive credit as long as the applicant operates and maintains the STPs. Inspection and reporting conducted by City staff does not preclude these STPs from receiving credit. (O) An incorporated homeowner’s association may receive a credit for eligible STPs that are operated and maintained by the homeowner’s association. Credits issued to incorporated homeowner’s associations for STPs will be applied only to that portion of property or properties served by the STP. (P) An STP owned by an incorporated homeowner’s association, but operated and maintained by the South Burlington Stormwater Services Division is not eligible for credit. (Q) The South Burlington Stormwater Services Division will not maintain, repair, permit or do any work on any private stormwater system infrastructure except for residential stormwater systems that have been formally acquired by the City. (R) In the event that an STP for a given property is not located on the property, the applicant must provide a copy of an agreement between the applicant and the owner of the off-site STP establishing that the applicant has authority to and is responsible for maintaining all or a portion of the facility. In addition, the owner of the off-site parcel must provide a letter to the South Burlington Stormwater Services Division indicating that they are in agreement with the information contained in the application for credit. CREDIT MANUAL FOR STORMWATER FEES 9 City of South Burlington 4. 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 practice(s) 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 of Vermont. (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. 5. NPDES Permit Credit (A) The City of South Burlington Stormwater Utility offers a credit to NSFR properties that, due to 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 on-going 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. Credit will be available to NSFR properties that are required by the State of Vermont 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 (VT DEC) 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 on-going public benefit related to stormwater management. CREDIT MANUAL FOR STORMWATER FEES 10 City of South Burlington (2) MS4 credit applicants must provide the following documents at the time that the credit application is submitted, and annually thereafter: i. The MS4 permittee’s most recent Notice of Intent (NOI) for coverage under Vermont General Permit 3-9014. The NOI must be valid for the current permit period at the time the credit application is submitted. ii. A copy of the MS4’s most recent Annual Report. (B) Multi-Sector General Permit (MSGP) - Credit will be available to property owners who must comply with State of Vermont 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). (1) MSGP credit applicants must provide the documents listed below at the time that the credit application is submitted, and annually thereafter: i. The facility’s most recent Notice of Intent (NOI) or Notice of No Exposure Certification (NOX) for coverage under Vermont General Permit 3-9003. The NOI must be valid for the current permit period at the time the credit application is submitted. ii. 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 Vermont DEC. iii. 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 Vermont General Permit 3-9003 and ensure that all appropriate steps are being taken to prevent stormwater pollution. (C) Other NPDES Permits. 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 on-going 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. (1) NPDES credit applicants must provide the documents listed below at the time that the credit application is submitted, and annually thereafter: i. A copy of the applicable federal regulation or permit that requires the entity to perform stormwater related BMPs. ii. A detailed description of the BMPs that are performed by the eligible entity, including the date(s) of BMP activities, person(s) involved, and BMP cost(s). iii. 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. iv. A copy of the most recent Annual Report for the NPDES permit. CREDIT MANUAL FOR STORMWATER FEES 11 City of South Burlington v. Additional materials required as part of the application will be determined by the Stormwater Superintendent. vi. 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. (D) Conditions and Policies Related to the NPDES Permit Credit are provided below: (1) 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. (2) Those applying for credit must be in compliance with their NPDES permit requirements. (3) Properties owned by the City of South Burlington and/or operated/maintained by the South Burlington 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. (4) Property owners or organizations can receive a 10% reduction in the total stormwater fee assessed to their property under the NPDES permit credit. If the entity owns multiple properties located within the South Burlington Stormwater Utility service area and therefore receives multiple bills, the 10% 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 10% even if it is subject to multiple NPDES permits. The total credit given to any property cannot exceed 50% of the stormwater fee for that property. (5) 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 5 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 10% credit in Year 2. (6) 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 fifteen (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. 6. The 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 of South Burlington. CREDIT MANUAL FOR STORMWATER FEES 12 City of South Burlington (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. (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 10% credit to the assessed stormwater fee. The credit will be applied only to the school property(s) where the curriculum is taught. The total credit given to any property cannot exceed 50% 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. [THIS SPACE INTENTIONALLY LEFT BLANK] 2024 - 18 180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4107 | WWW.SOUTHBURLINGTONVT.GOV South Burlington Charter Committee members Peter Taylor and Anne LaLonde materials for City Council meeting on August 19, 2024 I.Request that the City Council add Council expansion to the ballot Currently, Section 13.302 of the South Burlington City Charter limits City Council membership to five. In its September 18, 2023 report, the Charter Committee unanimously recommended to the City Council that the Council should be expanded. We urge the City Council to put this expansion on the ballot and give the public the opportunity to vote on this issue. The Committee explained in its report that having additional councilors “could increase demographic representation, allow councilors to mentor newer members, permit more councilors to have discussions without violating the open meeting law, and enable retention of more institutional memory when there is turnover in the Council.” We include the Committee’s list of pros and cons on this matter at the end of these materials. Expansion presents an opportunity to enhance representation of varied perspectives. In addition, beginning with its incorporation in 1971, South Burlington has had a five-member city council. The population of the city has since doubled, but the number of councilors has not changed. The Charter Committee also engaged in community outreach to determine the views of South Burlington citizens on the governance structures we were considering, with a community survey and two community forums. The survey had around 170 respondents, 54% of whom preferred a City Council of 5 members and 46% who wanted to increase that number. For those wanting to increase the number, many comments suggested 7 councilors, while a few mentioned 8, 9, or 10. II.School Board membership on Charter Committee Following the 2022 City Council resolution, the Charter Committee currently includes two representatives appointed by the School Board: Kate Bailey and Wendell Coleman. The resolution states: “THEREFORE, BE IT RESOLVED that the South Burlington City Council hereby expands the existing Charter Committee to include two representatives appointed by the School Board.” We ask whether the Council intended this expansion to be permanent or whether the School Board members were only added to weigh in on the School Board discussion. III.City Clerk membership on Charter Committee Donna Kinville is now a resident member of the Charter Committee with a term ending in 2025, rather than a member in her former position as the City Clerk. We suggest that the Council permanently include the current City Clerk, whoever that may be, on the Charter Committee. Per the City Council meeting discussing Szymanski Park and pickleball on July 15th, 2024, I have provided some additional information regarding sound readings, sound options, and court usage. Over the last three weeks I have frequented Szymanski Park at various times (morning, afternoon, evening, night) and days (weekday and weekend) to calculate usage as well as provide Council with decibel readings on noise levels from various locations (outside courts, parking lot, and exterior of park). All the readings (dba) below are max readings and not an average. 180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4112 | WWW.SOUTHBURLINGTONVT.GOV 180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4112 | WWW.SOUTHBURLINGTONVT.GOV 2 MEMORANDUM TO: Jessie Baker, City Manager & South Burlington City Council FROM: Paul Conner, Director of Planning & Zoning Kelsey Peterson, Senior City Planner Nick Atherton, City Planner SUBJECT: First reading of LDR Amendments #LDR-24-01 to LDR-24-10; consider warning public hearing DATE: August 19, 2024 City Council meeting Overview Enclosed with your packet is a significant set of proposed amendments to Land Development Regulations (LDRs) approved last month by the Planning Commission. The enclosed document is a “clean” version of the LDRs. As “Redline” version that shows each change from the current adopted LDRs is available at the City’s website. The amendments are presented all together in a single complete document due to the intertwined nature of the changes, but are grouped into three themes and ten amendments (LDR-24-01 through LDR-24-10) to be more transparent and accessible to the community. These amendments reflect the Commission’s work over the past 9 months (and more in some topic areas). They include changes to the LDRs to both align with the requirements and intent of Vermont Acts 47 and 18 and to advance several priorities of the 2024 City Plan within the housing, climate change, transportation realms and beyond. One important note: the Commission, and staff, are aware that there is still work to be done to streamline and enhance the Regulations beyond these set of ten. The Commission identified several areas of additional improvements to be undertaken in a future round of amendments, linked to this work and beyond. Work on the present amendments was informed by review and recommendations from the Energy Committee, Affordable Housing Committee, partner organizations and entities, and staff from across several departments. The Planning Commission developed the draft regulations over the course of 15 meetings in the past nine months. They subsequently held a series of three public listening sessions and a formal public hearing in July 2024. The Commission and staff invited feedback on the complete draft through various channels including City News, Front Porch Forum, the Other Paper, and social media, and prepared a series of plain-language “spotlights” on each of the ten topics and an interactive map viewer to help make the technical language of the amendments more accessible to the community. The amendments and reports were approved unanimously for submission to the City Council by all Commissioners present, with some modifications based on feedback, following the Commission’s July 30th public hearing. Post-Planning Commission Modifications: In preparing the clean complete draft of the document following the Planning Commission approval, staff identified a series of non-substantive corrections that we recommend the Council include in the warning. These 3 include corrections to cross-references, number order, and spelling errors. One correction rises slightly above this threshold: in performing a final look-over, staff identified that we had inadvertently included an older working staff draft of LDR-24-01 (EV Charging) in the documents published for the Commission’s public hearing. We went back and identified that the Commission had voted to send the newer (correct) to public hearing. The differences in the versions are not policy-based; the newer version simply has corrected references to the RBES and CBES and a cleaner presentation of the language. Staff communicated with the members of the Energy Committee and Planning Commission last week and heard no concerns over including the correct language with the Council’s first reading as a recommended change. All of these modifications are included in the draft before Council and individually enumerated in a list at the end of this memo. In accordance with State Statute, upon vote by the Council to warn its public hearing, a copy of these modifications will be provided to the Planning Commission to consider any updates to their Report, and to the City Clerk. Process, Effective Date, and Recommended Council Actions State Statute lays out the adoption process for amendments to local zoning and subdivision bylaws. The process and options are laid out below for Councilors. Recommended Steps and Actions for August 19th meeting: 1. Chair opens the agenda item with an acknowledgement of receipt of LDR amendments #LDR-24-01 through LDR-24-10 and the accompanying Planning Commission Reports. 2. Invite staff/ Planning Commission representative to provide a brief overview of the contents of the draft amendments. 3. Invite Council procedural or clarifying questions 4. Invite public comment, while noting that the public hearing will be the appropriate time for feedback on the LDR amendments 5. Warn public hearing as follows: “I move to warn a public hearing on draft amendments to the Land Development Regulations #LDR-24-01 through LDR-24-10, inclusive of the recommended changes presented in this meeting’s packet, for September 16, 2024, at 7 pm, and to file a copy of the amendments with the City Clerk and Planning Commission.” Overall process: Amendments to bylaws are initiated by the Planning Commission and submitted to the City Council (local legislative body) following at least one duly warned public hearing. The amendments must be accompanied by a Report assessing the bylaw’s consistency with both the municipal plan and state enabling statutes. Following receipt of the amendments, the Council must hold at least one duly warned public hearing on the amendments prior to a vote to adopt. The Council can make changes to the draft. If the changes are substantive, they must be submitted to the Planning Commission for the Commission to update its Report. If the Council makes substantive changes AFTER its public hearing, it must warn and hold a new hearing on the revised bylaw. Effective date. In order to prevent a “rush” of applications being submitted under old rules prior to new regulations coming into place, 24 VSA 4449(d) states that a draft bylaw is “in effect” pending the legislative body’s action once notice of its first public hearing has been published. The statutes then lay out processes in the events that the bylaws are either adopted or rejected. Council review. The most common practice in South Burlington has been for the Council to receive the draft amendments from the Planning Commission and to immediately vote to warn its public hearing. Immediately preceding the public hearing, the Council then receives a complete presentation on contents of the draft regulations from the Planning Commission chair and staff. The Council then holds its public hearing, gathering feedback from the public through the public hearing. Following closure of the hearing, the Council deliberates 4 and determines if changes are needed or if the Council is prepared to adopt as presented. As noted above, if the Council makes changes, it must warn a new hearing on the update draft. Staff recommends the Council follow its standard practice in this round of amendments. Summary of Amendments Below please find a brief summary of each of the 10 amendments, organized into three themes. The City’s LDR Amendment website includes a number of resources, including complete clean & redline versions of the draft amendments, a set of plain-language “spotlights” discussing each of the 10 proposed amendments, an interactive map showing zoning and overlay district changes, analysis data, and the adopted/draft water/sewer service area boundaries. Transportation Theme LDR-24-01: Electric Vehicle Charging This bylaw builds on electric-vehicle charging standards that came into effect statewide on July 1, 2024 under the Vermont Commercial and Residential Energy Codes (CBES and RBES). The bylaw would require that all parking spaces required to be “EV-capable” under the State codes to be “EV-Ready” – a standard that requires a pre-installed wire circuit for EV charging. The purpose of this bylaw is to save money for future owners and operators of electric cars and to accelerate ownership of EVs and plug-in hybrids by installing the necessary wiring at the time of development. The bylaw would also eliminate the small- parking lot exemption contained in the CBES and limit the amount by which Level 3 chargers can take the place of Level 2 chargers. LDR-24-02: Transportation Demand Management and Level of Service This series of amendments is intended to modernize how the City’s Regulation accounts for increases in vehicle trips that come from new construction or redevelopment. It replaces the City’s rigid system for evaluating and responding to additional traffic with a simpler and more flexible method that acknowledges the differences between road types. It also creates an incentive-based Transportation Demand Management (TDM) program to elevate active transportation, transit, and shared vehicle modes of transportation. Thriving Neighborhoods, the HOME Act (Act 47) and BE HOME Act (Act 181) LDR-24-03: Low-Scale Neighborhood District This amendment works to enable our current low-scale, primarily residential neighborhoods to thrive into the future as vibrant communities and to conform with the State requirements of the HOME Act of 2023 and the BE HOME Act of 2024. This amendment consolidates existing low-scale residential neighborhoods with a current (municipal) density cap of four units per acre or lower into one district called Low-Scale Neighborhood (LSN). It reduces the minimum lot sizes for all residential uses, reduces setbacks, reduces frontage requirements, allows flag lots in some circumstances, adds flexibility in land use without subdividing, and conforms South Burlington’s zoning regulations with recently-passed State statutes. It allows small, neighborhood-oriented commercial uses possible on appropriate streets and corners. It also streamlines zoning districts for low-scale neighborhoods across the city, including neighborhoods like Eastwoods, The Orchards, Chamberlin, Butler Farms, Country Club Estates, Bartlett Bay Road, Cider Mill, and Golf Course Road, among several others, into a single Low-Scale Neighborhood District. This amendment is intended to allow for more flexible use of lots in South Burlington’s low-scale neighborhoods, increase walkability and bikeability in these areas, and allow more naturally affordable housing to be built with a variety of ownership, rental, and other arrangements. It allows for small-scale 5 investment in properties, allowing (as required under State Law) conversions of existing homes into duplexes, triplexes, or four-plexes, reduces setbacks, and allows for modest increases in lot coverage. Allowing this to happen can enable residents to stay in their homes as they age, allow multi-generational families to live in one place, and increases availability of housing in our established neighborhoods. Allowing small, neighborhood-oriented commercial uses in appropriate locations supports walkability in the neighborhood and a defined sense of place. Finally, streamlining and clarifying zoning regulations makes government more transparent and accessible for the community. LDR-24-04 Medium-Scale Neighborhood District This amendment works to enable our current medium-scale, primarily residential neighborhoods to thrive into the future as vibrant communities, to conform with the State requirements of the HOME Act of 2023 and the BE HOME Act of 2024, and be consistently regulated across the city. This amendment consolidates existing medium-scale residential neighborhoods (R7, R7-NC, and R12) into one district called Medium- Scale Neighborhood (MSN). It reduces the minimum lot sizes for all residential uses, reduces setbacks, reduces frontage requirements, allows flag lots in some circumstances, adds flexibility in land use without subdividing, and conforms South Burlington’s zoning regulations with State statutes. It also streamlines zoning districts for medium-scale neighborhoods across the city and regulates lot sizes by building type consistently with all residential districts. This amendment is intended to allow for more flexible use of lots in South Burlington’s medium-scale neighborhoods, increase walkability and bikeability in these areas, encourage site-by-site infill residential development, and allow more naturally affordable housing to be built with a variety of ownership, rental, and other arrangements. Many lots that currently have maxed out their residential density under the current rules could support additional residential use. Allowing small, neighborhood-oriented commercial uses in appropriate locations supports walkability in the neighborhood and a defined sense of place. Finally, streamlining and clarifying zoning regulations makes government more transparent and accessible for the community. LDR-24-05 Higher-Scale Mixed Use Districts The purpose of this amendment is to encourage mixed-use development, redevelopment, and infill in South Burlington’s primary transportation corridors, primarily along Williston Road and Shelburne Road and environs. This amendment consolidates existing mixed-use districts along Williston Road and Shelburne Road (C1-R12, C1-R15, Allen Road, and Swift Street) into a single zoning district called Higher-Scale Mixed- Use, and applies the same residential standards to C1-Auto, C1-Air, C2, and C1-LR (but keeps different specialized allowed uses in those districts). It also removes the lot size per unit requirement for large multi- unit buildings (13 units or more) and instead regulates by the visual and environmental impact (by building height, building coverage, lot coverage, other requirements like site amenities and stormwater, and the environmental protection standards that apply city-wide). Buildings are permitted up to five stories in height (with certain compatibility restrictions adjacent to the low-scale neighborhood district) and may be up to 7 stories through Inclusionary Zoning and/or Transferable Development Rights (see LDR-24-08 and LDR-24-09). It allows multiple principal buildings on a single lot to provide more flexibility. It also streamlines zoning districts for the higher-scale mixed-use areas where possible and regulates lot sizes by building type consistently with all residential districts. This amendment is intended to allow for more flexible use of lots in South Burlington’s higher-scale mixed- use neighborhoods, increase walkability and bikeability in these areas, encourage site-by-site infill residential development, and allow more naturally affordable housing to be built with a variety of ownership, rental, and other arrangements. Currently, requiring a specific amount of lot area per unit encourages large, expensive units. By regulating only by other impacts, the number of units in identical buildings could vary and provides more opportunity for naturally-affordable units. In addition, allowing more than one principal building on a lot creates opportunity for flexible use of space and shared facilities. 6 Finally, streamlining and clarifying zoning regulations makes government more transparent and accessible for the community. LDR-24-08: Conservation Land Use and Transfer of Development Rights This bylaw amendment pairs two related changes: it removes the Conservation Planned Unit Development (PUD) tool and updates the Transferable Development Rights program. Currently, the Conservation PUD structure allowed a development to occur on a property when the remainder of the property was permanently conserved. The development is allowed to shift the allowed residential density from the conserved part of the property to the development part of the property, but caps the density at 6 units per acre. This “floating” development area and conservation area does not effectively protect the conservation area or identify the development area within the water and sewer service area. With the proposed change to minimum lot size by building type (see LDR-24-03, -04, and -5), the effective allowed density by right is already higher than 6 units per acre. Continuing to allow shifting density does not make sense with the proposed system and allowance by building type. The proposed system is designed to accommodate the desired residential density and allowing shifting would push density far above the City policy for scale of development in an area. To maintain the City policy and future land use as stated in City Plan 2024, the Conservation PUD (with its density shifting) is proposed to be eliminated. This amendment sets the development/no-development line on properties similar to what would have been achieved by the PUD, but with changing the location of zoning districts and the Water Ordinance and Sewer Ordinance to reflect where the line between conservation and development lines. Any area in the water and sewer service areas in those ordinances would be developable. This protects land that should be conserved from potentially being considered developable and therefore a minimum cap of 5 units per acre. It also provides more transparency and maintains the low-scale neighborhood development levels on the development area. Without the transfer of density, the function of Conservation PUD is limited, so it makes policy and administrative sense to remove. For similar reasons, Habitat Blocks have been adjusted where a lot is heavily encumbered (70%+ hazards including Habitat Blocks) to set a development area of approximately 30% and remove that from the Habitat Block. The water and sewer service areas are mapped on the possible development area and the Habitat Block is not in the water and sewer service areas. This bylaw amendment also changes the zoning district for City-owned properties purchased or offered to the City for park spaces to the Park district, and adjusts the boundaries of the Natural Resources Protection (NRP) district to reflect actual conservation, development restrictions and places outside the water and sewer service areas. This bylaw amendment also updates the Transferable Development Rights (TDRs) program. It allows TDRs to be used for additional building height and floor area by granting 2000 SF x 1 floor of space per TDR. This can be used for additional building and lot coverage or for additional height – effectively placing the 3D block of a TDR beside or on top of the allowed building. This allows the TDR system to work with the removal of per-unit density on a lot for large multi-unit dwellings and for commercial buildings. The amendment also caps the building height, building coverage, and lot coverage allowed for a combination of TDRs and the Inclusionary Zoning program (amendments to which are outlined in a separate amendment). LDR-24-09: Inclusionary Zoning Updates This bylaw amendment reworks the City’s inclusionary zoning system to require certain amounts of new housing units to be permanently affordable and to encourage additional housing units to be permanently affordable. South Burlington currently has city-wide inclusionary zoning requirements; this amendment 7 updates them to cleanly work with the State’s optional affordable housing development definition. Specifically, for rental units, any development that creates between ten and twenty-four units of housing will be required to making 10% of the units permanently affordable. For developments with twenty-five rental units or more, 20% of the units must be permanently affordable. For developments with 10 units or more offered for sale, 10% of the ownership units must be permanently affordable. The state has set a definition of an Affordable Housing Development at 5 units or 20%, whichever is greater, and granted height and density bonuses. This state-level program is optional in that developers can choose to be an Affordable Housing Development or not. This amendment combines a mandatory program for inclusionary zoning that requires small numbers of affordable units in smaller developments and matches the state program at 25 units but makes it mandatory. It grants the required height and density bonuses when projects reach State-defined thresholds and provides additional incentives for affordable housing units over the required minimums. It also coordinates maximums of building height, building coverage, and lot coverage with those in the TDR program (changes contained in LDR-24-08) to provide clear, predictable development allowances and outcomes for both developers and for the community. LDR Process and Standards Theme LDR-24-06 Subdivision, Master Plan, Planned Unit Developments This amendment updates the three sections of Article 15 in the South Burlington Land Development Regulations to be more cohesive and right-size application requirements and processes to the involvement of the development application. Article 15 includes three sub-Articles: 15.A Subdivision, 15.B Master Plan, and 15.C Planned Unit Development. Over time, the requirements of each article have become disjointed. How the three types of application and review connect are not clear for submission, process, authority, review, and effect of approval. This bylaw cleans up these three processes, applies the Master Plan process only to phased and longer-duration development projects, grants authority to the Administrative Officer to approve minor subdivisions, and cleans up PUDs to clarify the difference between 15.C PUD process and requirements and the requirements in 15.A Subdivision. It also adds additional context analysis, alternative compliance, and modification and waiver review into Subdivision. The intention is that the PUD process and substantive review be specifically targeted to projects with specific, known, intentional and thoughtful outcomes (like a traditional neighborhood) that should fall into the PUD process, while most projects remain Subdivision and are reviewed as such. Master Plan applies to long-term and/or multi-phase development projects were longer term planning is warranted above the requirements of Subdivision. Additionally, language is updated, cleaned, and streamlined throughout. LDR-24-07 Table of Uses Updates, Consolidate Airport and Airport-Industrial This bylaw amendment updates the existing Table of Uses consolidate several functionally-similar uses, eliminate effectively duplicated uses, to break out one use from a category, and consolidate Airport District and Airport-Industrial District. The Table of Uses specifies the activities and uses that are allowed and prohibited in each zoning district. Over the course of several amendments over time, changes in business practices, and with the planned consolidation of zoning districts in LDR-24-03, -04, and -05, updates to this table and related definitions were necessary. Two uses are being removed (“Private providers of public services, including vehicle storage & maintenance” and “Hospice”) because their effective land uses are covered by other listed uses. Several other uses are being folded into catchall uses: “Flight Instruction” and “Sale, rental, & repair of aircraft & related parts” are being added to the definition of “Airport Uses”. Veterinary Hospital is being separated 8 from Commercial Kennel and Pet Day Care. Finally, the Airport (AIR) and Airport-Industrial (AIR-I) districts are being consolidated because the line between them is not necessary to separate uses and prevents some flexibility on the airport property. As part of that consolidation, several uses that were conditional uses in one or the other district are becoming permitted in the consolidated AIR district. LDR-24-10: Minor and Technical Amendments The amendment includes a series of minor and technical amendments which have limited effect on development outcomes or which are mandated by State Statute. They include clarifying and consolidating definitions, corrected cross-references, removing outdated references, aligning standards and procedures with Statutory requirements regarding accessory dwelling units, parking, development review procedures, applicability of fence standards, updating submission requirements to align with the standards of review, and relocating certain standards to more intuitive locations with the Regulations. Post-Planning Commission Modifications As noted above, staff identified a number of non-substantive changes, plus one version-correction, that are included in this draft post review of the Planning Commission. They are detailed below. Article 2 • 2.02 Replace draft definitions for Electric Vehicle Capable Space, Electric Vehicle Ready Space, and Electric Vehicle Supply Requirement Installed Space with those approved for Planning Commission public hearing on May 28, 2024. Article 3 • 3.01A(4) add (-) • 3.012B add space, change are to is • 3.07B(3) remove (-) • 3.07F add reference to 19.03D • 3.09A(1) correct to subsection (2) • 3.18A,B,C Replace draft amendments with those approved for Planning Commission public hearing on May 28, 2024. Article 4-7 • 5.01 add acronym to title • 5.01A remove double reference • 5.02A correct acronym • 5.02B correct abbreviation • 5.03B, C correct abbreviation • 5.04B, C remove full name of district • 5.04C add "or as modified by use of Inclusionary Zoning under Article 18 or Transferable Development Rights under Article 19." as reference • 5.05A add abbreviation, correct reference • 5.05B, C correct to abbreviation • 6 TOC correct to 6.03 • 6.02A remove "Industrial" as mislabel • 7.02D(3) correct reference Article 9 • 9.02A(2) correct reference • 9.02A(4) correct reference • 9.02B(1) standard numbering update, update reference • 9.02B(2) standard numbering update, update reference Article 10 • 10.05E(2) correct reference Article 12 • 12.04D(2)(b) standard numbering update • 12.04D(3) add "subsection" • 12.04E(2) remove , • 12.04F add . • 12.04G and H correct lettering Article 13 • Table 13-2 remove empty columns Article 14 • 14.04B(1)(g) remove incorrect reference • 14.04C(3) correct to Article 18 and remove , • 14.04C remove box • 14.04E correct to E from C • 14.05E(2) correct punctuation Article 15A • 15.A.02A correct reference • 15.A.04D(3) correct reference • 15.A.04G(2) correct references • 15.A.05B(1) correct reference • 15.A.05B(2) correct reference 3 • 15.A.06B(2) correct reference • 15.A.06D(1) correct reference • 15.A.06E updated reference • 15.A.07C correct reference • 15.A.08E correct reference • 15.A.08F(3) correct reference • 15.A.10A(4) correct reference • 15.A.14G punctuation corrections • 15.A.15E correct reference Article 15B • 15.B.03A correct reference • 15.B.03B correct references • 15.B.03D correct reference • 15.B.05 remove "Amendment" from title • 15.B.06B(2) change "Substantial" to Major for consistency Article 15C • 15.C.01B(1) change "disapprove" to deny for consistency • 15.C.02A(2) add "is not superseded by PUD standards" • 15.C.02B correct references • 15.C.02C(1) correct numbering • 15.C.02C(1)(b) change date reference to "pursuant to 15.C.06C(1)." • 15.C.02C(2) correct reference • 15.C.03A correct reference • 15.C.04D correct references • 15.C.05D correct reference • 15.C.05E correct references • Tables 15.C.05 correct titles • 15.C.05F(4) remove internal reference "as provided for Transition Zones under 15.C.04E" • 15.C.05F(10), remove internal reference "except as provided for an Infill TND under 15.C.06(G)(4) above" • 15.C.06A change "disapprove" to deny for consistency • 15.C.06F correct references and renumber • 15.C.06F remove "under (2) below"; rework (1) slightly to make sense with modification standards • 15.C.06G correct references Article 18 • 18.01A correct "Comprehensive Plan" to City Plan • 18.01B(2) correct "section" to Article • 18.01B(2)(d) correct reference • 18.01C(5) correct reference • 18.01H edit for consistency with Article 19 Article 19 • 19.02A(1) add "District" • 19.02B standard numbering update • 19.02C make TDR plural • 19.02D add "Stories" to title, (1), and tables and remove "minimum lot sizes" • 19.04C(6) add "estimated" 180 Market Street, South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sbvt.gov Land Development Regulations ADOPTED MAY 12 2003 AMENDMENTS ADOPTED [ADOPTION DATE] South Burlington Planning Commission Jessica Louisos, Chair Duncan Macdonald, Vice-Chair Paul Engels, Clerk Donna Leban Colin Laurence Michael Mittag Helen Riehle South Burlington City Council Tim Barritt, Chair Andrew Chalnick, Vice-Chair Laurie Smith, Clerk Elizabeth Fitzgerald Michael Scanlan Page 1 of 346 TABLE OF CONTENTS 1 Purpose and Title 2 Definitions 3 General Provisions 4 Residential Districts 5 Commercial Districts 6 Industrial and Airport Districts 7 Other Districts 8 City Center Form Based Codes District 9 Natural Resources Protection District 10 Overlay Districts 11.A Street Types 11.B Civic Space Types 11.C Building Types 12 Environmental Protection Standards 13 Supplemental Regulations 14 Site Plan & Conditional Use Review 15.A Subdivisions 15.B Master Plans 15.C Planned Unit Developments 16 Construction and Erosion Control Standards 17 Administration and Enforcement 18 Affordable Housing Standards 19 Transferable Development Rights Appendix A: Performance Standards Appendix B: Traffic Generation Data And Calculation Procedures Appendix C: Uses And Dimensional Standards Appendix D: Lighting Appendix E: Submission Requirements Appendix G: Bicycle Parking Appendix H: Housing Preservation Page 2 of 346 Maps Map 1: Zoning Districts Map 2: Form-Based Code Map 3: Natural Resources Map Map 4: Habitat Block Overlay District Map 5: Overlay Districts 1 Map 6: Overlay Districts 2 Consultants and Contributors: The City would like to acknowledge and thank all contributing consultants and expertise provided to the City in developing these Regulations and amendments. In addition, the City acknowledges the financial contributions made by the State of Vermont’s Agency of Commerce and Community Development through their Municipal Planning Grant Program. Page 3 of 346 ARTICLE 1 PURPOSE AND TITLE South Burlington Land Development Regulations 1 PURPOSE AND TITLE 1.01 Purpose and Compliance 1.02 Title 1.03 Separability 1.04 Effective Date and Implementation 1.01 Purpose and Compliance The purpose of these Land Development Regulations is to implement the Comprehensive Plan of the City of South Burlington; to promote the health, safety, and general welfare of the community; to secure safety from fire, panic, and dangers; to provide adequate light and air; to facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public requirements, under and pursuant to the Vermont Planning and Development Act, as amended. 1.02 Title These provisions shall be known and may be cited as the South Burlington Land Development Regulations. 1.03 Separability Should any section, sub-section, paragraph, sentence, clause, provision, or phrase of these land development regulations be declared by any court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of any other portion of these land development regulations, except the section in question. 1.04 Effective Date and Implementation These regulations shall become effective twenty-one (21) days after the date of adoption by the City Council. On the date these regulations become effective, they amend and revise the City of South Burlington Land Development Regulations effective November 20, 2023. Page 4 of 346 ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations 2 DEFINITIONS 2.01 Rules of Construction, Intent and Usage 2.02 Specific Definitions 2.03 Definitions for Flood Hazard and River Corridor Purposes 2.01 Rules of Construction, Intent and Usage A. In the construction of these regulations, the following provisions and rules shall be applied, except when the context clearly requires otherwise: (1) The "City" is the City of South Burlington, Vermont. (2) Words used in the present tense shall include the future and words used in the future tense shall include the present. (3) Words in the singular number shall include the plural and words in the plural number shall include the singular number. (4) The words "shall" and "must" are mandatory and not optional or merely directory. (5) The words "may" and "should" are permissive. (6) The word "person" includes an individual, firm, association, corporation, partnership, trust, company or other organization, governmental body or agency, and any other legal entity. (7) The word "lot" includes the words parcel, plot, tract of land, or piece of land. (8) The words "used" or "occupied" include the words intended, designed or arranged to be used or occupied, employed for, constructed for, altered for, converted for, rented for, leased for, maintained for, utilized for, or occupied for. (9) The word "includes" shall not limit a term to the specified examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character. (10) The terms “such as” and “for example” shall be considered as introducing typical or illustrative, rather than an entirely exclusive or inclusive designation of, permitted or prohibited uses, activities, conditions, establishments or structures. (11) A "building" or "structure" includes any part thereof. (12) The word "built" includes "erected," "constructed," "reconstructed," "altered," "enlarged," or "moved." (13) The word "premises" shall include land and buildings thereon. (14) The masculine gender shall include the feminine and neuter, and vice versa. (15) The words "adjacent" and "next to" shall have the same meaning as "abut." (16) The words "original" and “existing” mean the conditions existing on the effective date of these regulations. Page 5 of 346 DEFINITIONS ARTICLE 2 South Burlington Land Development Regulations (17) Abbreviations. “SF” shall mean “square feet”, “GFA” shall mean “gross floor area”, “GLA” shall mean “gross leasable area”, “DU” shall mean dwelling unit, and “ROW” shall mean “right-of- way” B. Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and," "or," or "either...or," the conjunction shall be interpreted as follows: (1) "And" indicates that all the connected items, conditions, provisions, or events shall apply. (2) "Or" indicates that the connected items, conditions, provisions, or events may apply singly or in any combination. (3) "Either...or" indicates that the connected item, conditions, provisions, or events shall apply singly but not in combination. C. References made to officials and official bodies shall mean officials and official bodies of the City of South Burlington, unless the natural construction of the wording indicates otherwise. D. The word "regulation," "these regulations," "these land development regulations," "this ordinance," or “this bylaw” means the "City of South Burlington Land Development Regulations." E. Any word or phrase which is defined in this section, or elsewhere in these regulations, shall have the meaning as so defined whenever the word or phrase is used in these regulations, unless such definition is expressly limited in its meaning or scope. F. Any word or phrase that is not defined in this section, or elsewhere in these regulations, shall have its plain and commonly accepted meaning. G. Definitions contained in Title 24 of the Vermont Statutes Annotated, Chapter 117 shall be applicable throughout these regulations. 2.02 Specific Definitions Abandonment. The relinquishment of property, or a cessation of the use conducted on the property for a period of six (6) months within a twelve (12) month period, by the owner, tenant, or lessee, for reasons other than an act of God or access impeded by government action. Accessory structure or building. A structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use. The accessory structure shall be located on the same lot. Prefabricated buildings may be regulated as accessory structures. Any portion of a principal building developed or intended to be devoted to an accessory use is not an accessory structure. Where an accessory building is attached to the principal building in a substantial manner, as by a wall or roof, the accessory building shall be considered part of the principal building. Private garages must meet applicable setback requirements for principal structures. Utility cabinets that meet the requirements of Section 13.18 shall not be considered accessory structures. Accessory use. A use of land or property or a building, or a portion thereof, whose area, extent, or purpose is incidental and subordinate to the principal use of the building or land. The accessory use shall be located on the same lot. An accessory use shall not be accessory to another accessory use. Adjacent. Either abutting or directly across the street. Page 6 of 346 ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Administrative Officer. That person appointed by the City Council who has any authority these Regulations may confer upon him or her, and any Assistant Administrative Officer to administer the Regulations and to issue zoning permits. In the absence of a designated Administrative Officer, the City Manager shall function as the Administrative Officer. Adult use. An establishment (such as a nightclub, bar, restaurant, supper club, lounge, live or movie theater, cabaret, bookstore, or other) in which a person or persons appear in a state of nudity in the performance of their duties or material is available depicting person or persons in a state of nudity. Nudity shall be as defined in the South Burlington Public Indecency Ordinance. Affordable housing. Either: (A) An owner-occupied dwelling unit for which the total annual cost of ownership, including principal, interest, taxes, homeowners and mortgage insurance, and 50% condominium or homeowners association fees, does not exceed 30 percent of the gross annual income of a household at 80 percent of the median income for the Burlington-South Burlington Metropolitan Statistical Area as defined by the United States Department of Housing and Urban Development (Burlington-South Burlington MSA) corresponding to the size of the specific unit (measured in number of bedrooms): (B) A rental housing unit for which the total annual cost of renting, including rent, utilities (water, electricity, and heating costs), and 50% of condominium or homeowners association fees, does not exceed 30 percent of the gross annual income of a household at 80 percent of the median income for the Burlington-South Burlington Metropolitan Statistical Area as defined by the United States Department of Housing and Urban Development (Burlington-South Burlington MSA) corresponding to the size of the specific unit (measured in number of bedrooms). Agent of owner. Any person who can show written proof that he has authority to act for the property owner. Agriculture (farming). Shall include any of the land use activities exempt from zoning regulation pursuant to 24 V.S.A. § 4413(d), as amended. Airport. A facility intended and used as the place where one or more fixed-wing or rotary-wing aircraft is regularly stored, maintained, or repaired while not in flight, and including an area that the aircraft may use to take off and land. Airport uses. Fixed- and rotary-wing operations together with retail sales and service operations related to public, private, and general aviation, including aircraft sales, repair, and storage, commercial shipping and storage, restaurants, rental vehicles, and other uses designed to serve aviation passengers and industry. Alteration. Any act or process that changes one or more of the exterior and interior architectural features or the exit facilities of a structure, including, but not limited to, the erection, construction, reconstruction, or removal of any structure, any change in doors or windows, any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another, any increase in height, and any change or rearrangement in the supporting members of an existing building or structure. The latter acts may involve bearing walls, columns, beams, girders or interior partitions. Page 7 of 346 DEFINITIONS ARTICLE 2 South Burlington Land Development Regulations Alteration, structural. Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or in the dimensions or configurations of the roof or exterior walls. Animal shelter. A place where animals are provided with short-term shelter typically operated by a humane society or other non-profit organization. Such establishment may have either or both of an educational component or a residence, occupied by a household with at least one person employed full or part time in a caretaking capacity for the facility, as an accessory use or additional principal permitted use on the site. May or may not include associated outdoor exercise facilities. Apartment. See Dwelling, multi-family. Applicant. A person submitting an application. Application for development. The application form and all accompanying documents and exhibits required of an applicant by an approving authority for development review purposes. Approved plan. Prior to January 1, 1996, a plan that is conditionally approved under the provisions of this chapter, unless specifically provided otherwise. After January 1, 1996, a plan that has been granted final approval by the appropriate approving authority. Approving authority. The agency, board, group or other legally designated individual or authority that has been charged with review and approval of plans and applications. Area affected. (A) The area of land that is the subject of the proposed action; (B) As used under conditional use review, the vicinity of the land that is the subject of the proposed action, as defined by the purpose or purposes of the zoning district within which the project is located, and specifically stated policies and standards of the municipal plan Artist production studio. A building or portion thereof used for persons engaged in the application, teaching or performance of fine arts such as, but not limited to, vocal or instrumental music, dance, or the creation of original handmade art or craft items. Assisted living facility. A multi-family, residential group facility that provides a combination of housing, supportive services, and personalized assistance for persons needing help with activities of daily living. Such activities may include bathing, grooming, and medical reminders. Meals are provided in a central location on site. Dwelling units may or may not have conventional kitchens. Attic. The part of a building that is immediately below and wholly or partly within the roof framing. Auto & motorcycle sales. A business enterprise engaged in the sale of automobiles or motorcycles. Auto & motorcycle sales, limited. A business engaged in the sale of automobiles and/or motorcycles not requiring a commercial driver’s license (CDL) to operate, with not more than five (5) vehicles for sale on the premises at any one time. Auto & motorcycle service and repair. A business enterprise engaged in the servicing and repair of automobiles and/or motorcycles, including auto body repair or auto detailing, including the sale and Page 8 of 346 ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations installation of automobile and/or motorcycle parts and accessories. Includes Auto & Motorcycle Sales, Limited in conformance with these regulations. Auto rental, with private accessory car wash and fueling. A business enterprise engaged in the rental of automobiles. May include car wash facilities and fueling for the exclusive use by employees of the rental enterprise to clean and refuel the rental cars in preparation for a subsequent rental. Bar. (A) A business enterprise or part thereof used primarily for the retail sale or dispensing of liquor or alcoholic beverages for consumption on the premise, or (B) The part of a building, structure, or premise of a private club, association or organization that dispenses liquor or alcoholic beverage for consumption on the premises. Also known as a tavern or lounge. Basement. That portion of a building that is partly or completely below the average pre-construction level of the adjoining ground. A basement shall be considered as a story where the finished surface of the floor above the basement is: (A) More than four (4) feet above the average pre-construction level of the adjoining ground, or (B) More than twelve (12) feet above the pre-construction ground level at any point. Bed and breakfast. A detached single-family residence with four or fewer rooms for rent, accommodating a maximum of ten guests, for short-term overnight lodging by the day or by the week. The single-family residence must be the primary residence of the owner or operator of the bed and breakfast. Employment shall not exceed one (1) full-time employee in addition to the owner. Only a morning meal may be provided to guests. Bed and breakfasts are also known as tourist homes. Below market rate households. Households whose aggregate income does not exceed eighty percent (80%) of the county median income, as defined by the United States Department of Housing and Urban Development in the case of for-purchase housing, or does not exceed sixty-five percent (65%) of the county median income, as defined by the United States Department of Housing and Urban Development in the case of rental housing. Block. An area of land bounded by streets or by a combination of existing, planned, or proposed streets, or by physical features creating a barrier to the continuity of development such as public land, railroad rights-of-way, waterways, and municipal boundaries. Within the Transect Zones, street types applying under this definition shall include only existing public streets, planned streets, and street types listed as qualifying within the applicable Building Envelope Standards and Article 11. The perimeter of the Form Based Codes District also shall be considered an additional block delineation. Block length: The horizontal distance of a single block face, measured from the edge of the street right- of-way or other applicable feature. Block perimeter. The horizontal distance created by three or more block lengths in order to return to a point of origin that creates a land area. Page 9 of 346 DEFINITIONS ARTICLE 2 South Burlington Land Development Regulations Buffer strip. Land area used to visually obstruct or spatially separate one use from another or to shield or block noise, light, or other nuisances. A strip may be required to include fencing, berms, shrubs, and/or trees. A buffer is typically placed between a structure or use and a side or rear property line. Build-to zone. The area on the lot where a building façade must be located, measured as a minimum and maximum range from the closest street line of an existing or planned street right-of-way. Build-to-zone, primary. The build-to-zone where a specified percentage of a building’s façade must be located, as determined by the Building Envelope Standards for the applicable District. Build-to-zone, secondary. The build-to-zone where a specified percentage of a building’s façade may be located, as determined by the Building Envelope Standards for the applicable District. Buildable Area. See Section 15.A.11 Building. A structure having a roof supported by columns or walls, and used or intended for the shelter or enclosure of persons, animals, or equipment, goods, or materials of any kind. The connection of two buildings by means of an open porch, breezeway, passageway, carport, or other such open structure, with or without a roof, shall not be deemed to make them one building. Buildings shall be classified as Principal or Accessory. Building break. Variations in a building façade that include: building height variation, building vertical plane shift (bump outs / step backs), and building section variation that protrude or step back from the front or top of the building by at least two (2) feet for a minimum width of five (5) feet, and major material change (such as brick to stone or hardi-plank) extending the majority of the vertical plane of the building for a width of at least twenty (20) feet. Such an interruption in the continuous line of a building facing a street may include variations in the façade of the building as well as stoops, porches, permanent structural awnings, inverted dormers and picture windows. See the diagrams contained within Article 8 for examples. This term also may apply to structures where specifically referenced in these Regulations. Building envelope. A designated area or portion of a lot, delineated on a subdivision plat, within which all structures, parking and loading areas, and clearing of land must be located, with the exception of driveways and utility lines. A building envelope shall be defined by minimum setback and maximum height requirements unless otherwise specified in these Regulations. Building Envelope Standards (BES). Standards for the design of structures and related site features within these Regulations. Building coverage. The ratio of the horizontal area, measured from the exterior surface of the exterior walls of the ground floor, of all principal and accessory buildings on a lot to the total lot area. Building façade. The face of a building that delineates the edge of enclosed floor space. For example, the building face of a two-story structure with a one-story porch is the two-story elevation of the building. Building footprint. The area of land physically occupied by a building on the ground, including any deck, porch, or other appurtenant structure attached to the building, and any area of land over which any portion of a building or appurtenant structure overhangs. The building footprint does not include uncovered patios, walkways, driveways, landscaping or other unattached structures. Page 10 of 346 ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Building line. Building line, front. The line, parallel to the street line, that passes through the point of the principal building nearest the front lot line. A lot with two or more front lot lines shall have a front building line for each front lot line. Building line, rear. The line, parallel to the rear lot line, that passes through the point of the principal building nearest the rear lot line. In the event that a property has two or more front lot lines and no rear lot lines, the rear building line shall be the line that is both (A) Parallel to the side lot line that passes through the point of the principal building nearest the side lot line and (B) Parallel to the Primary Building Façade. Building, principal. A structure in which is conducted the principal use of the site on which it is situated. In any residential district, any building that contains one or more dwelling units, except an Accessory Dwelling Unit, shall be deemed to be a principal building on the lot on which it is located. Building width. The average length of a building measured along the side most closely parallel to its adjacent public street(s). Bulk requirements. Standards that control the height, density, and location of structures. Bulk storage. The storage of chemicals, petroleum products, and other materials in above ground containers or areas for subsequent resale to distributors or retails dealers or outlets and not directly to the consuming public. Bulkhead line. A line along a navigable water offshore from which no fill or structure is permitted. Bus terminal. Any premises for the short term parking (i.e., fewer than 12 hours) of motor-driven buses and loading and unloading of passengers. Bus terminals may include ticket purchase facilities, but shall not include bus maintenance facilities. Bus terminals may also include hubs where three or more routes converge and allow the transfer of passengers between routes. Bylaws. Zoning regulations, subdivision regulations, or an Official Map adopted under the authority of 24 VSA Chapter 117. Caliper. The diameter of a tree trunk measured at six (6) inches above the ground for trees up to and including four (4) -inch caliper size, and as measured at twelve (12) inches above the ground for larger sizes. Campus. The premises of a public or private college, university, school, hospital, or other institution. Cannabis dispensary. a nonprofit entity registered under section 18 VSA 4474e which acquires, possesses, cultivates, manufactures, transfers, transports, supplies, sells, or dispenses marijuana, marijuana-infused products, and marijuana-related supplies and educational materials for or to a registered patient who has designated it as his or her center and to his or her registered caregiver for the registered patient’s use for symptom relief. A dispensary shall not be located within 1000 feet of the property line of a preexisting public or private school or licensed or regulated child care facility. Page 11 of 346 DEFINITIONS ARTICLE 2 South Burlington Land Development Regulations Cannabis dispensary, dispensing only. A portion of a cannabis dispensary providing marijuana for symptom relief to registered patients. Cannabis dispensary, cultivation only. A portion of a cannabis dispensary where the marijuana is cultivated. Canopy tree. Any large maturing tree which at maturity provides a crown width sufficient to shade a minimum of twelve hundred (1,200) square feet. Capacity study. An inventory of available natural and human-made resources, based on detailed data collection, which identifies the capacities and limits of those resources to absorb land development. Data gathered, relevant to the geographic information system, shall be compatible with, useful to, and shared with the geographic information system established under 3 V.S.A. § 20. Car wash. A building or premises or portion thereof used for washing motor vehicles, whether by automatic device or self-service. Cellar. A space partially or fully below ground level and with a floor-to-ceiling height of less than six and one-half (6.5) feet. Cellars shall not be counted as a story in the computation of the intensity of land use development or of gross floor area. See also Basement. Certificate of occupancy. A required permit allowing occupancy of a building, structure, or premise after it has been determined that all requirements of applicable ordinances have been met. Change of use. 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. Child care facility. An establishment operated as a business or service on a regular or continual basis, whether for compensation or not, to provide care, protection, supervision and/or education for children under the age of 16 outside their homes for periods of fewer than 24 hours a day by a person other than a child's own parent, guardian or relative as defined by rules adopted by the Vermont Department for Children and Families, but not including a kindergarten approved by the State Board of Education. Licensed family child care home. A child care facility which provides care on a regular basis in the caregiver’s own residence for not more than 12 children at any one time and which complies with all State of Vermont requirements for licensure of child care facilities. Licensed non-residential child care facility. A child care facility operated outside of the caregiver’s own residence which complies with all State of Vermont requirements for licensure of child care facilities. Registered family child care home. A child care facility which provides for care on a regular basis in the caregiver's own residence for not more than 10 children at any one time. Of this number, up to six children may be provided care on a full-time basis and the remainder on a part-time basis. For the purpose of this subdivision, care of a child on a part-time basis shall mean care of a school-age child for not more than four hours a day. These limits shall not include children who reside in the residence of the caregiver; except: (A) These part-time school-age children may be cared for on a full-day basis during school closing days, snow days and vacation days which occur during the school year; and Page 12 of 346 ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations (B) During the school summer vacation, up to 12 children may be cared for provided that at least six of these children are school age and a second staff person is present and on duty when the number of children in attendance exceeds six. These limits shall not include children who are required by law to attend school (age 7 and older) and who reside in the residence of the caregiver. Chimney. A structure containing one or more flues for drawing off emissions from stationary sources of combustion. Church. See place of worship. Civic Space. An outdoor area dedicated for public or neighborhood use. Civic Space types are defined by the combination of certain physical constants including the relationships among their intended use, their size, their landscaping and their adjacent features such as streets, buildings, and/or natural areas. Civic Space / Site Amenity, qualifying. Civic Space or Site Amenity that meets all of the requirements of Table 8-1 (Civic Space / Site Amenity Requirements) and the requirements of Article 11.B, Civic Space/Site Amenity. Civic Space / site amenity, qualifiable. Civic Space or Site Amenity that meets the requirements of Table 8-1 (Civic Space / Site Amenity Requirements) and the following elements of Article 11.B, Civic Space/Site Amenity: Type allowed in the applicable Transect Zone, Description & Service Intent, Size, and Location & Access. Club. See membership associations. Commercial. (A) Uses listed within the Table of Uses as Commercial and Industrial Uses, (B) A term referring broadly to non-residential uses of land involving the provision of goods and services. Commercial greenhouse. A structure and the land surrounding it in and on which plants, vegetables, flowers, and similar materials are grown for sale or are sold. Such land and greenhouses are also known as nurseries. Commercial vehicle. Any motor vehicle licensed as a commercial vehicle. Community center. A building or structure used for recreational, social, educational, health, cultural, or other similar activities. Services within the facility may be offered by one or more public or nonprofit entities. Community garden. One or more garden plots located on public or private property managed collectively by a group that grows food primarily for the members’ home consumption. Complete application. An application form completed as specified by a bylaw and the rules and regulations of the City and all accompanying documents required by the bylaw for approval of the application. The application shall be certified as complete as soon as all requirements specified in the bylaw and rules and regulations have been met. Conditional use. A use permitted in a particular zoning district only upon showing that such use in a specified location will comply with and conform to all the conditions and standards for the location or Page 13 of 346 DEFINITIONS ARTICLE 2 South Burlington Land Development Regulations operation of such use as specified in these land development regulations and authorized by the Development Review Board. In granting approval for a conditional use, the Development Review Board may attach such additional reasonable conditions and safeguards as it may deem necessary to implement the purposes of these Land Development Regulations. Condominium. A building, or group of buildings, in which dwelling units are owned individually, and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis. There shall be an association of building owners organized for the purposes of maintaining, administering, and operating the common areas and facilities. Condominium is a legal form of real property ownership and not a building style. The purchaser shall have title to his or her dwelling unit and an undivided interest in parts of the interior of the building, the exterior, and other common elements. The property shall be identified in a master deed and officially recorded on a plat. The common elements shall comprise the land underneath and surrounding the building, certain improvements on the land, and such items as plumbing, wiring, and major utility systems, the interior areas between the walls, the public interior spaces, exterior walls, streets, and recreational facilities. Condominiums may be used for residential and non-residential uses. Congregate care facility. A housing facility that has significant facilities and services specifically designed to meet the physical and/or social needs of older persons. Significant facilities and services may include, but are not limited to, social and recreational programs, continuing education, information and counseling, recreational, homemaker, outside maintenance and referral services, emergency and preventive health care programs, congregate dining facilities, and transportation to social, medical, or personal services. This is not a group home; see definition below. Consolidation. The removal of lot lines between contiguous parcels. Construction. The act of adding to, altering, or extending an existing structure or the erection of a new principal or accessory structure on real property. Continuum of care facility. A multi-family, residential group facility with a range of accommodations and services in one structure or one campus. This type may include full apartments for independent residents, an assisted living facility, and/or a skilled nursing facility. This definition excludes group homes. Contractor or building trade facility. A facility, including offices, used for the conduct of building, contracting and related trades that conduct a majority of business activity off-site. Such use may include the indoor storage, maintenance, and processing of vehicles, equipment, merchandise and materials used in the conduct of the business, and other customary and incidental activities directly related to the conduct of the business. Contractor’s yard. An establishment or place of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. A contractor’s yard is typically a wholesale trade operation, but may also have retail trade or have some portion allocated to retail trade. Typical uses include lumber yards, mill work yards, and stone or masonry yards and may also include storage of materials, merchandise and equipment incidental to the principal business and not necessarily for sale. Conversion. A change in the use of land or a structure. Page 14 of 346 ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Core Habitat Block Area. Contiguous forested area that includes all land within the center of a Habitat Block. This area excludes all land within the first 328 feet as measured from the edge of a Habitat Block into the center of the Habitat Block. Court. Any open, uncovered, and unoccupied area, other than a yard, that is bounded by two or more attached building walls and unobstructed from ground to sky. This definition shall not preclude the inclusion of "court" in the name of a building or buildings. (A) Inner court. An open area, unobstructed from the ground to the sky that is entirely within the exterior walls of a building. (B) Outer court. An open area, unobstructed from the ground to the sky which is bounded on not more than three sides by the exterior walls of one or more buildings OR Any court that is not an inner court. Covenant. A restriction on the use of land set forth in a written document or plat. The restriction runs with the land and is binding upon subsequent owners of the property. Cultural facility. An indoor or outdoor auditorium, theater, or other building or structure designed for or primarily used for music, drama, dance, or other live performances, or museum or gallery operated primarily for the display and not sale of works of art. Curb. A boundary usually marking the edge of the roadway or paved area. (A) Curb cut. The opening in the curb, measured at the property line, at which point vehicles may enter or leave the property. (B) Curb level. The permanently established grade of the curb top in front of the center of the building, the lot, or portion thereof under consideration. Where no curb level has been established, the level of the ground at the center of the traveled portion of the street shall be considered the equivalent of the curb level. Where the building does not adjoin the street, the average level of the proposed grade line of the ground immediately adjacent to the building as shown on the building plans shall be considered the curb level. (C) Curb return. The connecting link between the street curb and the ramp curb. Cut. A portion of land surface or area from which earth has been removed or will be removed by excavation. Cut shall also refer to the depth below the original ground surface or excavated surface. Core Habitat Block Area Page 15 of 346 DEFINITIONS ARTICLE 2 South Burlington Land Development Regulations Day care facility, adult. An establishment operated as a business or service on a regular or continual basis, whether for compensation or not, to provide care, protection, supervision and/or education for adults with physical, emotional or cognitive impairment who require assistance and supervision or those who need restorative or rehabilitative services. Such services are provided outside the adult's home for periods of fewer than 24 hours a day by persons other than the adult's parent, guardian or relative. An adult day care facility shall constitute a day care center. The center shall be licensed and operated in accordance with state law. Delivery channel. Public alley or other street providing access to the loading facilities of buildings; typically located to the rear and sides of buildings. Demolition. Any act or process that destroys in part or in whole a landmark, building, structure, or improvement. Density increase. The allowable increase in the density of residential development on a receiving parcel for TDRs, as a higher maximum average number of dwelling units per acre than would be allowable on the receiving parcel did not use TDRs. Design vehicle. The type of vehicle used to determine the geometric design of the roadway. Detached mixed-use storefront. A building with a single, ground-level walk-in non-residential use. The building may also include separate occupant(s), residential or non-residential, on upper stories where permitted. Development. (A) The carrying out of any change to improved or unimproved land, including but not limited to the construction, reconstruction, conversion, structural alteration, relocation, enlargement or use of any structure or parking area; (B) any mining, excavation, dredging, filling, grading, drilling or any land disturbance; (C) any use or extension of the use of the land, or (D) The subdividing of land into two or more parcels. Development Review Board. The Development Review Board or "DRB" of the City of South Burlington created pursuant to 24 VSA Chapter 117. Development rights. See transferrable development rights Dilapidation. A deterioration of structures or buildings to the point of being unsafe or unfit. Dish antenna. Any parabolic or part-spherical device, also known as a satellite dish antenna or earth station, whose purpose is to receive and/or transmit microwave or other electronic communication signals from and/or to satellites or other instruments for television, radio, data, imagery, or other forms of telecommunications. A typical device contains a combination of four main elements: the antenna or dish, its support structure, the amplifier, and a cable that carries the signal to and/or from a receiver and/or transmitter inside the building. District. A part, zone, or geographic area within the City of South Burlington within which certain zoning or other land development regulations apply. Page 16 of 346 ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Disturbed land. Any soil on a construction site or associated support activities (e.g., staging area, borrow area, disposal site for excess fill) that is exposed to the erosive effects of wind, rain, or runoff due to construction or construction related activities. Dooryard: a building entry with a shallow setback and front garden or patio, usually with a low wall at its front. Domicile. A residence that is a permanent home to an individual. Dormer. A window vertical in a roof or the roofed structure containing such a window. The height of a dormer shall be from its base to its peak, inclusive. Dormitory. A building containing bathroom facilities for the common use of residents of the building which is occupied or intended to be occupied as a dwelling by persons not related by blood, marriage, fosterage or adoption but who are enrolled, affiliated with, or employed by the same educational, religious, or health institution. Dormitory shall not include a rooming house, guest home, tourist home, bed and breakfast, hotel, group home, congregate housing, or health institution. A dormitory is a type of group quarters; see definition below. Drainage. (A) Surface water runoff; (B) The removal of surface water or groundwater from land by drains, grading, or other means which include runoff controls to minimize erosion and sedimentation during and after construction or development; or (C) The means for preserving the water supply and the prevention or alleviation of flooding. Drainage area is also known as a ‘sub-watershed.’ Drainage area. That area in which all of the surface runoff resulting from precipitation is concentrated into a particular stream, water body, or other discharge point. Drainage system. Pipes, swales, natural features, and constructed improvements designed to carry drainage. Drainage way. With the exception of major and minor streams, all other streams, watercourses or drainage ways natural in origin and having a clearly defined channel with intermittent or full year flow of water. Drive-through. An establishment or structure which by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services, goods, or be entertained while remaining in their vehicles. A drive through shall include all components thereof, including any outdoor menu boards, order windows or service windows. Driveway. A private vehicular access from a street to a parking space, garage, dwelling, or other structure and generally subordinate in nature to a street. A driveway may be shared among structures, but its function is generally subordinate to a street. Duplex. See Dwelling, two-unit. Page 17 of 346 DEFINITIONS ARTICLE 2 South Burlington Land Development Regulations Dwelling unit. A building or portion thereof designed, used, constructed or occupied as separate living quarters for one (1) household which includes independent and exclusive cooking, sleeping, and sanitary facilities for a household, and direct access to the unit from the outside of the building or through a common hall. Dwelling, single-unit. A building that contains one (1) principal dwelling unit and that is not attached to any other dwelling by any means and has no roof, wall, or floor in common with any other dwelling unit. This is also known as a detached or one-family dwelling. Dwelling, multi-unit. A structure containing three (3) or more dwelling units, with the number of families in residence not exceeding the number of dwelling units provided. Access to units may be from a common hall or from individual entrances. This may also be known as an apartment house, apartment building, or garden apartment. Dwelling, two-unit. A building containing two (2) principal dwelling units that are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar. The units may share a common stairwell exterior to both dwelling units and with access to the outside. There may be a common cellar but not a common basement. Each dwelling is located on its own separate lot. This type of dwelling shall also be known as a duplex. Dwelling, townhouse or rowhouse. A dwelling unit located in a row of at least three (3) attached such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire-resistant walls. The row of dwelling units shall be designed and built as a single structure facing upon a street. Dwelling unit, attached. A dwelling unit sharing a common side or rear wall(s) with another dwelling unit or units and having its own separate entrance or entrances to the outside. This may also be known as a townhouse or rowhouse. Easement. A grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation, or another person or entity. Edible landscaping. The use of food-producing plants in the design of private and public outdoor spaces. Educational facility. A facility used for or in support of education, instruction, or research in any branch of knowledge including private and public elementary and secondary schools, colleges, and universities. Electric Vehicle Capable Space (EV Capable Space). As defined by the latest edition of the Vermont Commercial Building Energy Standards and Vermont Residential Building Energy Standards, as applicable, prepared and revised by the Vermont Public Service Department. Electric Vehicle Ready Space (EV Ready Space). As defined by the latest edition of the Vermont Commercial Building Energy Standards and Vermont Residential Building Energy Standards, as applicable prepared and revised by the Vermont Public Service Department. Electric Vehicle Supply Equipment Installed Space (EVSE Space). As defined by the latest edition of the Vermont Commercial Building Energy Standards and Vermont Residential Building Energy Standards, as applicable, prepared and revised by the Vermont Public Service Department. Element. A component of a plan. Page 18 of 346 ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Elevation. (A) A vertical distance above or below a fixed reference level; (B) a flat scale drawing of the front, rear, or side of a building. Environmental Restoration Project: A project authorized under the MS4 General Permit, TS4 General Permit, or Municipal Roads General Permit (MRGP), that addresses a primary pollution source identified in a Vermont Department of Environmental Conservation approved watershed implementation plan (i.e. TMDL, Flow Restoration Plan, or Phosphorus Control Plan) and is not required for the purpose of developing, or redeveloping impervious surfaces. Additionally, any floodplain reconnection or stream channel restoration projects that are not included in a Flow Restoration Plan or Phosphorus Control Plan, but are necessary to meet the required pollutant reductions in a TMDL. Erosion. The process by which the ground surface is worn away by the action of wind, water, gravity, ice or a combination thereof, or the detachment and movement of soil or rock fragments. Establishment. An economic unit, generally at a single physical location, where business is conducted or services or industrial operations are performed. Excavation. 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. Existing grade or elevation. See pre-construction grade. Existing use. The use of a lot or structure at the time these land development regulations were enacted. Exterior architectural features. The architectural character and general composition of the exterior of a structure, including but not limited to, the kind and texture of the building material and the type, design and character of all windows, doors, light fixtures, signs, other appurtenant elements and natural features when they are integral to the significance of the site, all of which are subject to public view from a public street, way or place. Facade: See Building Façade. Family. See household. Farm. As defined in 24 V.S.A. § 4412. Farmer’s market. A site or structure used primarily for the direct sale of farm and food products to consumers. Subject to definition, regulations, and restrictions in South Burlington Peddlers Ordinance. Farm structure. A building, enclosure, or fence for housing livestock, raising horticultural or agronomic plants, or carrying out other practices associated with accepted agricultural or farming practices, including a silo, as “farming” is defined in 10 VSA Section 6001(22), but excludes a dwelling. Fence. Any material or combination of materials erected to enclose, screen, or separate areas of land. Fences may be of an open (e.g., picket), semi-open, or closed (e.g., brick or stone) style. Closed fences may also be known as walls. Page 19 of 346 DEFINITIONS ARTICLE 2 South Burlington Land Development Regulations Fill. Sand, gravel, earth or other materials of any composition whatsoever placed or deposited by humans, for purposes of creating a new elevation of the ground. Final approval. The last official action of the approving agency or board taken on a development plan which has been given preliminary approval, after all conditions and requirements have been met, and the required improvements have been installed or guarantees properly posted for their installation, or approval conditioned upon the posting of such guarantees. Financial institution. A use of structure in which financial, pecuniary, fiscal, or monetary services are made available to the public, including but not limited to depository institutions (e.g., banks, credit unions, savings and loans), non-depository institutions (e.g., credit agencies, loan brokers), holding companies (but not predominantly operating companies), other investment companies, brokers and dealers in securities and commodities contracts, and security and commodity exchanges. Finish elevation. The proposed elevation of the land surface of a site after completion of all site preparation work. See also grade, finished. Fire access. Means of access to a building, neighborhood or street for the purpose of fire and public safety. Flag lot. See lot, flag. Floating zone. An unmapped zoning district. Requirements are contained in the relevant article. The floating zone is fixed on the map only when an application for development, meeting the zone requirements, is approved. Floor area. The sum of the gross floor area of all principal and accessory buildings on a lot. Floor area, gross. The sum of all floor areas of all stories of a building, measured from the exterior face of the exterior walls, or from the centerline of a common wall separating two attached units or structures. Gross floor area shall include such features as porches, balconies, breezeways, walkways, and raised platforms, if each is enclosed. Food hub. A facility that serves as the central location for the aggregation, storage, processing, distribution, and/or marketing of local and source-identified food. A food hub is closely aligned with a farm stand with respect to the types of products available. The principal function of a food hub shall be to provide local farmers and food producers predictable and coordinated access to individuals, retailers, and institutions. This is encouraged to be a distribution point for shares in Community Supported Agriculture (CSAs). A Food Hub is not a “Retail Sales” use. A food hub is not intended for consumers to shop through a wide variety of goods, especially those goods or food products that are neither processed nor grown locally, throughout most of the day, week, and year. A food hub may also constitute an organization responsible for the roles listed herein, and may include technical assistance to local farmers in conjunction with its duties as a central location. Frontage. (A) The boundary of a lot abutting a street; (B) the front lot line. Page 20 of 346 ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Frontage buildout. The percentage of the total length of the front lot line that is the same length as the total horizontal length of the building façades of principal buildings, or portions thereof, that: (A) Are located within the lot’s build-to-zone, and (B) Are parallel with the front lot line, and (C) Do not have any portion of another principal building located between it and the front lot line. Fuel storage. The containment of liquid fuel, including but not limited to heating oil, diesel fuel, gasoline, or kerosene above or below ground. Garage, private. A detached or attached accessory building, or part thereof, used or intended to be used only for the storage of private passenger vehicles belonging to the residents, employees, or visitors of the premises. Glazing. The amount of window and door coverage over the specified portion of a building. Glazing, transparent. A type of glazing provided by see-through windows that provide visual access to space within the building intended for human occupancy and use, and by doors that are used as operable or public entrances, regardless of whether see-through or opaque. Grade. The elevation of the land or land level at a specific point. Grade, finished. The final, average elevation of the ground immediately adjacent to the exterior walls of a building after development, measured as the degree of rise or descent of a sloping surface. Grade, pre-construction. The elevation of the ground level in its natural state, before construction, filling, or excavation. This is also known as natural grade, and shall be defined as the grade existing on property on the date of an application under the South Burlington Land Development Regulations for any development approval (variance, conditional use approval, zoning permit, site plan approval), unless another grade has been established as the pre-construction grade pursuant to regulations for the Alteration of Existing Grade. Where land receives subdivision approval from the Development Review Board, the grade shown on the approved subdivision plat shall constitute the pre- construction grade, unless modified in accordance with regulations for the Alteration of Existing Grade. Within the City Center Form-Based Codes District, the grade of the adjacent approved street. Grade, average pre-construction. The grade measured as the average of the pre-construction grade of each of the four (4) [or more as applicable] principal corners of the building. Within the City Center Form Based Codes District, the average of the pre-construction grade along the frontage of the adjacent street(s). Grading. Any stripping, cutting, filling, stockpiling of earth or land, including the land in its cut or filled condition. Greenbelt. The landscaped and maintained vegetative portion of the street right-of-way. Where applicable under specific street types contained in Article 11, may include hardscape elements. Greenbelt width. The distance between the curb or other edge of the roadway pavement to the sidewalk, recreation path, or edge of the street right-of-way (whichever is closest). Group home. A therapeutic community residence as defined by 33 V.S.A. §7102 (11) Page 21 of 346 DEFINITIONS ARTICLE 2 South Burlington Land Development Regulations Group quarters. A dwelling that houses individuals who are unrelated by marriage, blood, adoption, fosterage, or guardianship in a group living arrangement of intentionally structured housing by an organization or institution. This may include fraternities, sororities, dormitories, or living and learning complexes for a student body or religious order, army barracks, or other similar institutional use. This definition excludes group homes. Groundcover. Groundcover refers to any plant that grows over an area of ground, used to provide protection from erosion and drought, and to improve its aesthetic appearance. Habitable area. The finished areas or spaces of a dwelling unit that are heated (and, where air conditioning is available, cooled) with the rest of the dwelling unit. Habitat block. Areas identified and demarked as “Habitat Block” on the Habitat Block & Habitat Connector Overlay Districts Map. Habitat connector. Areas identified as “Habitat Connector” on the Habitat Block and Habitat Connector Overlay Districts Map. Hardscape / hardscaping. The non-living materials, and their use and design, that constitute one component of landscaping. This includes paving material, walls or fences, concrete, asphalt, stone or other hard surface that may be used to construct retaining walls, paths, walkways, decks, terraces, accent features, and fences or enclosures. Hazard: Floodplain overlay districts A, AE, A1-30, and 0.2% B2, River Corridors except those along intermittent streams, Very Steep Slopes, Class I and Class II wetland and associated buffers. Health club. See recreation facility, indoor. Height. The vertical distance of a building measured from the average preconstruction grade level at the base of the building to the highest point of the roof if the roof is flat or mansard, or to the average level between the eaves and the highest point of the roof if the roof is of any other type. Height calculation of a building shall not include minor rooftop apparatus such as solar collectors, chimneys, elevator and mechanical penthouses, air conditioning equipment, satellite dishes, and similar apparatus that project from the roof. For larger rooftop apparatuses such as steeples, spires, towers, water tanks, radio and television antennas, see Section 3.07 of these Regulations. Chimneys (as defined in these Regulations) for residential structures shall be exempt from the height limitations. Height of a structure that is not a building shall be measured from the average preconstruction grade level at the base of the structure to the highest point of the structure. Home occupation. An occupation or activity carried out for gain secondary to and typically incidental to the use of the dwelling unit by a resident thereof. The conduct of the home occupation is clearly accessory to the use of the dwelling unit for living purposes and does not change the character of the dwelling unit or accessory structure in which it is located. See Section 3.12 for home occupation regulations. Hospital. A licensed institution providing primary health care services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other physical or mental conditions requiring medical treatment, and including as an integral part of the institution related facilities such as laboratories, outpatient facilities, and training facilities. It may include the retail sale of pharmaceuticals and medical supplies as an accessory use. Page 22 of 346 ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Hotel. A building or part of a building in which (A) living or sleeping accommodations are used primarily for transient occupancy on a daily basis and for compensation to the general public, and (B) one or more common entrances serve all such living or sleeping units, and (C) twenty four-hour desk service is provided, in addition to one or more of the following services: housekeeping, telephone, or bellhop service, or the furnishing or laundering of linens. Permitted accessory uses are restaurants or other public dining facility, bars or lounges, public banquet halls, ballrooms, or meeting rooms. Hotel, extended stay. A residential hotel containing: (A) Small furnished apartment type units rented on a short term basis each with a kitchen (including stove with an oven or a microwave oven, minimum twelve (12) cubic foot refrigerator, dishwasher, sink and cooking and eating utensils), bath, living space and separate bedroom/sleeping space, and (B) A common area which shall include three (3) or more of the following: business support facilities, guest only breakfast facilities, lobby, and recreation space and amenities; but specifically excludes public restaurant(s), cocktail lounge(s), and banquet meeting rooms containing more than fifty (50) seats. No more than fifteen percent (15%) of the units shall contain more than one bedroom. Units must be available on a daily, weekly and monthly basis and shall not be rented to the same occupant for more than one hundred eighty (180) days in any three hundred sixty-five (365) day period. Household. A group of between one (1) and four (4) unrelated individuals, or one (1) or more individuals related by blood, marriage, adoption and/or fosterage, occupying a dwelling unit and living as a single housekeeping unit. For the purposes of Inclusionary Zoning, the Household Size is the total number of individuals (adults and children) in the household that will occupy an Inclusionary Unit, regardless of each individual household member’s relationship, if any, to other members of the household. Household Income. The household income for an applicant seeking to rent or purchase an Inclusionary Unit is the total combined annual cash income, whether earned (for example, salary, wages, tips, or commissions) or unearned (for example, benefits, unemployment compensation, interest, dividends) of each household member. Housing unit. See dwelling unit. Impervious surface. Those human-made surfaces, including, but not limited to, paved and unpaved roads, parking areas, roofs, driveways, and walkways, from which water runs off rather than infiltrates. Impervious surface shall also include, but is not limited to, compacted gravel or soil surfaces, storage areas, awnings (and other fabric or plastic coverings). Properly installed and maintained pervious pavement shall not be considered Impervious Surfaces for stormwater purposes. Improvement. Those human-made surfaces including paved and unpaved roads, parking areas, roofs, driveways, and walkways, from which precipitation runs off rather than infiltrates. Inclusionary unit. See Affordable Housing. Page 23 of 346 DEFINITIONS ARTICLE 2 South Burlington Land Development Regulations Indoor theater. A building or part of a building devoted to showing motion pictures, or for dramatic, dance, musical, or other live performances. Indoor vehicle storage. Indoor facility used to store motor vehicles, such as cars, pick-up trucks, RVs, motor cycles, snowmobiles and boats, but not including aircraft or any vehicle requiring a CDL operator’s license. Vehicle storage is typically seasonal, and vehicles are not typically accessible to their owners during the storage period. Industry. Those fields of economic activity including, mining, construction, manufacturing, transportation, communication, electric service, gas service, sanitary service, and wholesale trade. Inclusionary Zoning. Provisions under Section 18.01 of these regulations, as authorized under 24 VSA Section §4414(7), which establish minimum requirements and incentives for the construction of housing to meet the needs of low- and moderate-income households. Inn. See hotel. Institutional use. A non-profit or quasi-public use or facility such as a place of worship, library, public or private school, hospital, or municipally owned or operated building, structure, or land used for public purpose. Junk. Any scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal, or other use or disposition. It may include old or scrap metal, rope, rags, batteries, paper, rubber glass, building materials, household appliances, brush, wood, lumber, plastic, dismantled or wrecked automobiles or parts thereof, and other old or scrap ferrous or nonferrous materials. Junk yard. An establishment, place of business, lot, land, parcel, building or structure that is maintained or operated for the purpose of storing, keeping, processing, abandoning, buying, or selling junk, or for the maintenance or operation of an automobile graveyard. The latter is the presence of two (2) or more unregistered, inoperable motor vehicles. Kennel, commercial. A lot, premises, use, or structure intended and used for the breeding, training, sale, and overnight boarding of well dogs, cats, or other small domestic animals belonging to a person or persons other than the owner of the lot, but not including a veterinary hospital. Includes pet grooming. May or may not include associated outdoor exercise facilities. Kennel, private. A structure used for the outdoor accommodation of small domestic animals and not operated on a commercial basis. Land development. The construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining, excavation or landfill, and any change in the use of any building or other structure, or land, or extension of use of land. Land development shall also include the connection of any dwelling unit located within the Dorset Street Waterline Service Area as depicted on a plan dated January 30, 1998, to the Dorset Street water line. Land development shall not include any structural alteration or interior remodeling project that does not exceed five thousand dollars ($5,000) in construction cost. This exemption does not apply to a structural alteration which results in an exterior addition or enlargement of any size or value. Page 24 of 346 ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Landscaping. The installation and maintenance of, usually, a combination of trees, shrubs, and plants, but not including bare soil, uncultivated vegetation, impervious surfaces, and gravel. Large maturing tree. A tree whose height is greater than thirty-five (35) feet at maturity and meets the specification of “American Standards for Nursery Stock” published by the American Association of Nurserymen. See also canopy tree. Legislative body. The City Council of the City of South Burlington. Level I Resources: A Habitat Block or Habitat Connector. Level II Resources: River Corridors along intermittent streams, Floodplain Overlay District Zone 0.2% B1 (500-year floodplain, Class III wetlands (greater than 5,000 square feet in size) and associated buffers, and steep slopes. Light manufacturing. The processing and fabrication of certain materials and products where no process involved will produce noise, vibration, air pollution, fire hazard, or noxious emission exceeding the City’s performance standards or other regulations therefor. Light manufacturing includes but is not limited to the production of the following goods: home appliances; electrical instruments; office machines; precision instruments; electronic devices; timepieces; jewelry; optical goods, musical instruments; novelties; wood products; printed material; lithographical plates; type composition; machine tools; dies and gages; ceramics; apparel; lightweight non-ferrous metal products; plastic goods, pharmaceutical goods; and food products, but not animal slaughtering, curing, nor rendering of fats. Liner Building. A building or portion thereof which is specifically designed to mask and enliven the edge of a parking lot, garage or structure or a large retail facility (big box), which is located between the front lot line and the parking lot, garage or structure or large retail facility. Loading space. A space or berth available for the loading and/or unloading of goods from commercial vehicles. Long term bicycle storage. Also called protected bicycle storage. Bicycle parking spaces intended for employees, tenants, and their visitors and intended to provide a high degree of security and protection from the weather when a bicycle is unattended for a period of time in excess of four hours. Lot. A plot, piece, parcel of land or assemblage of recorded contiguous parcels of land, the latter all in common ownership and designated as a single parcel, established and recorded by plat, subdivision, or otherwise permitted by law to be used or intended to be used by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory or incidental to the operation thereof, together with such open spaces as required by these land development regulations. Lot boundaries are (A) Established by a deed or deeds recorded in the land records of the City of South Burlington, and the records of any public road right-of-way; or (B) Shown on a plat approved by the South Burlington Development Review Board pursuant to subdivision and/or land development regulations, provided such approval has not expired. Lot, building. A lot containing, or intended to contain, a principal building. Lot, Civic Space. A lot consisting of a Civic Space. Lot, conservation. A lot consisting of land that has been conserved. Page 25 of 346 DEFINITIONS ARTICLE 2 South Burlington Land Development Regulations Lot, corner. A lot located at the intersection of two or more streets or abutting a curved street in such a way that the front building line meets either side lot line at interior angle of less than 135 degrees. The point of intersection of the front lot lines is the corner. A corner lot shall be deemed to have two front yards and two side yards and no rear yard. Lot, flag. (A) A lot with no frontage on or abutting a public road and where access to the public road is by a narrow right-of-way usually granted by easement over another lot with the normally required frontage, or (B) A lot for which access is provided by a narrow projection of the lot at least fifteen (15) feet in width connecting said lot to a public street. A driveway accessible by emergency equipment must be located on the projection. Lot, interior. A lot other than a corner lot and with frontage only on one street. Lot, Infrastructure. A lot consisting of infrastructure such as stormwater, parking, or utilities. Lot, non-standard. When a lot owner owns a lot which fails to meet minimum lot size requirements and such lot is contiguous to another lot owned by the same lot owner, such contiguous lots shall constitute a single lot, except that: (A) Contiguous lots which as of June 7, 1947 were devoted to separate and independent uses shall constitute separate lots so long as such lots continue to be devoted to separate and independent uses; or (B) Contiguous lots which are devoted to uses approved as separate uses under the South Burlington Land Development Regulations shall constitute separate lots provided such uses are conducted in compliance with the terms and conditions of the approvals granted; or (C) contiguous lots which are shown on a plat approved by the South Burlington Development Review Board pursuant to City regulations shall constitute separate lots provided such approval has not expired. Lot, through. A lot other than a corner lot with frontage on more than one street. Lot area. The total area within the lot lines of a lot, excluding any street rights-of-way. Lot coverage. The total area covered by all principal and accessory buildings, impervious surfaces, and swimming pools on a lot, unless otherwise specified in these Regulations. See also ‘building coverage.’ Lot depth. The distance measured from the front lot line to the rear lot line. Where the front and rear lot lines are not parallel, the lot depth shall be measured by drawing lines from the front to rear lot lines at right angles to the front lot line, every ten feet and averaging the length of these lines. Page 26 of 346 ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Figure 2-1, Lots, Yards, and Lot Lines Lot line. A property line of record bounding one lot from another lot or from a public or private street or any other public or private space. Lot line, front. The lot line separating a lot from a street right-of-way. Refer to Figure 2-1 for examples of lot lines for non-standard lots. Lot line, rear. The lot line opposite and most distant from the front lot line. If the rear lot line is ten (10) feet or less in length, or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a line parallel to the front lot line. In this case, the rear lot line shall be a line not less than ten (10) feet long at the greatest distance from the front lot line and lying wholly within the lot. Lot line, side. Any lot line other than a front or rear lot line. Page 27 of 346 DEFINITIONS ARTICLE 2 South Burlington Land Development Regulations Lot owner. A lot owner is the record owner of fee title to a lot. Lot size. See lot area. Lot width. The distance between the side lot lines, or for a corner lot, between the side lot line and the intersection of the two front lot lines, measured along a minimum front setback / build-to zone, as established by these land development regulations. If no setback is required for the lot according to these land development regulations and neither setback nor build-to zone has been established on a previously recorded plat or site plan, lot width is the distance between the side lot lines, or for a corner lot, between the side lot line and the intersection of the two front lot lines, measured along the street right-of-way. Manufactured home. A dwelling unit fabricated in an off-site manufacturing facility for installation or assembly on the dwelling site, which is at least eight (8) feet in width and at least thirty (30) feet in length, which bears a seal that it was built to the standard pursuant to the “National Manufactured Housing and Construction Safety Standards Act of 1974,” 42 U.S.C. Sec.5401 et seq., which is placed upon a permanent foundation which meets the installation and foundation requirements of the State of Vermont, but which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles. A manufactured home shall be connected to required utilities. Manufacturing. Establishments engaged in the mechanical or chemical transformation of materials or substances into new products including the assembling of component parts, the manufacture of products, and the blending of materials. Master deed. A legal instrument under which title to real estate is conveyed and by which a condominium is created and established. Master plan. A plan intended to guide the arrangement of developed and undeveloped areas and streets within a land development project. Membership association or organization. A group of people organized for a common purpose to pursue common goals, interests, or activities, usually for social, recreational, or educational purposes. Such association or organization is usually characterized by certain formal membership qualifications, payment of fees or dues, regular meetings, and a constitution and/or by-laws. Such associations or organizations may also be known as clubs, civic, social, fraternal organizations, trade associations, professional organizations, unions, political organizations, and religious organizations, and may include such groups as local civic clubs and associations or local chapters of national associations, and fraternal organizations. Association or organization shall also refer to the land, establishment, or facilities owned, leased, occupied, and/or operated by the organization. The members of the organization shall have a financial interest in and method of control over the assets and management of the association or organization. The building or facility may have accessory uses such as recreational facilities or banquet facilities and overnight lodging for members but not including the sale of goods and services to the public on the premises on a regular basis or commercial outdoor recreational or entertainment activities. Associations or organizations shall not include establishments operated for pecuniary gain, such as tennis or health clubs. Mid-block. The segment of a block length that is located a distance from each corner that is equal to at least 1/3 of the block length. Page 28 of 346 ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Mixed use. A structure or development that is occupied by a nonresidential use and a residential use, or by a mix of non-residential uses such as office, manufacturing, retail, public, or entertainment uses. Mobile home. A movable or transportable dwelling unit of at least eight (8) feet in width and thirty-two (32) feet in length, constructed to be transported on its own chassis and including one or more components for transporting the unit. Modular home. A dwelling unit that is constructed in compliance with the State Building Code and composed on components substantially manufactured and assembled in an off-site manufacturing facility and transported to the dwelling site for final assembly and a permanent foundation and connection to the required utilities. Motor freight terminal. A building, structure, or area in which trucks, including tractor or trailer units, are parked, stored, or serviced, including the transfer, loading, or unloading of goods. A terminal may include facilities for the temporary storage of loads prior to trans-shipment. Multi-family unit. See Dwelling, multi-family. Municipal land use permit. Any of the following whenever issued: (A) A zoning, subdivision, site plan, zoning permit or other approval pursuant to these Regulations, any of which relate to “land development” as defined in this Article, which has received final approval from the applicable board, commission or officer of the municipality; or (B) a septic or sewage system permit issued under any municipal ordinance; or (C) a certificate of occupancy, certificate of compliance or similar certificate which relates to the permits or approvals described in (A) or (B) above; or (D) an amendment of any of the documents listed in (A) through (B) above. Municipal building. A building or structure owned and operated by a Vermont municipal corporation or union municipal district to house municipal functions, agencies, or offices, and which may or may not be open to the general public. Natural drainage flow. The pattern of surface and stormwater drainage from a particular site before the construction or installation of improvements or prior to any regarding. Natural materials. Indigenous materials such as plants, shrubs, trees, wood that is stained or painted a neutral brown or grey color, unpainted stone, and unpainted brick. “Natural materials” shall not include glass or concrete for purposes of these Regulations. Night club or private club. An establishment dispensing liquor and/or meals and in which music, dancing, or entertainment is conducted. Nonconforming lot or parcel. A lot or parcel that does not conform to the present Regulations covering dimensional requirements but that was in conformance with all applicable laws, ordinances and regulations prior to the enactment of the present bylaws, including a lot or parcel improperly authorized as a result of error by the administrative officer. Page 29 of 346 DEFINITIONS ARTICLE 2 South Burlington Land Development Regulations Nonconforming use. A use of land that does not conform to the present bylaws but did conform to all applicable laws, ordinances, and regulations prior to the enactment of the present Regulations, including a use improperly authorized as a result of error by the administrative officer. Nonconforming structure. A structure or part thereof that does not conform to the present Regulations but was in conformance with all applicable laws, ordinances and regulations prior to the enactment of the present bylaws, including a structure improperly authorized as a result of error by the administrative officer. Nonconformity. A nonconforming use, structure, lot, or parcel. Non-point runoff. Surface water entering a stream or drainage way from no definable discharge source. Not-for-profit organization. An entity organized, managed, and existing as a nonprofit or not for profit corporation under Title 11B, Chapter 1, of the Vermont Statutes Annotated. Nuisance element. Any environmental pollutant, such as noise, radioactivity, vibration, glare, smoke, odor, air pollution, dust, liquid waste, solid waste, or heat. Nursery. See commercial greenhouse. Nursing home or convalescent home. See skilled nursing facility. Office, medical. Any establishment where human patients are examined and treated by doctors, dentists or other medical professionals but not hospitalized overnight. Medical office may include as an ancillary use the assembly, fitting, testing and sale of products directly related to the medical service provided in the same establishment. Office, general. A building or portion thereof used primarily for conducting the affairs of a business, profession, service, industry, or government, or like activity, that may include ancillary services for employees and visitors such as a restaurant or coffee shop, and newspaper/candy stand as permitted by these Land Development Regulations. This may also be known as a professional building. Building occupancy may be limited to one tenant or more tenants and/or the building’s owner. Official Map. The legally adopted Official Map of the City of South Burlington pursuant to subsection 3 of section 4401 Title 24 VSA Chapter 117, as amended. Open space. Land maintained in essentially an undisturbed, natural state for purposes of resource conservation, and/or maintaining forest cover; or that is enhanced and managed for outdoor recreation and civic use, working lands, or local food production. Open space must be of a quality and size that supports its intended function or use. Open space specifically excludes streets, parking areas, driveways and other areas accessible to motor vehicles. See also Civic Space, Site Amenity. Open space, common. Land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents or employees of the development, and may include such complementary structures and improvements as are necessary and appropriate. Open space, public. Open space owned in fee or by the City, a public agency, land trust, or non- profit organization and maintained for the use and enjoyment of the general public, health, safety, Page 30 of 346 ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations and welfare of the general public, habitat preservation, agriculture or urban agriculture, or preservation of other public goods such as landscape or scenic vista preservation. Operable entrance. An entrance to a building that is useable and accessible to the tenants / owners to access that portion of the building that is available for their use. An operable entrance may be to an individual residential or commercial unit, or to some or all of the building. Any such door must be available for entry and exit. Distances between and average frequency of operable entrances shall be measured per building. Outdoor display. An outdoor arrangement of products for sale, together with accompanying display structure, typically not in a fixed position and capable of rearrangement, and typically with products brought indoors when the business is closed. Outdoor storage. The keeping, in an unroofed area, of any goods, junk, material, merchandise, or unregistered vehicles for more than twenty-four hours. Owner. 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 to part of a structure or parcel of land. Parcel. A lot or tract of land or water that is capable of being described in definitive terms with respect to its location and boundaries. Park. Any land owned by the public and open for use by the general public for active or passive recreational purposes, urban agriculture, or as a refuge for wildlife. Parking area, facility, or lot. An off-street public or private land area designed and used or intended for use for the temporary storage of motor vehicles and usually surfaced and improved. Such facility may be a garage or multi-modal center. Parking, commercial or private. A parking area owned by a business establishment, membership association or organization, place of worship, or similar use and made available by the owners or occupants for the exclusive use of clients, customers, employees, members, owners, tenants, lessees, or occupants of said business establishment, membership association or organization, place of worship, or similar use. Such commercial or private parking may or may not exist on the same lot as the principal use. Parking, public. A municipally-owned parking area available to the public and therefore not for the exclusive use of the customers or employees of the lot on which the parking area is located. A public parking facility may or may not require payment of a fee. Parking, surface. A parking area that is located directly on the ground on a single level. Parking lane. The portion of the pavement width of a street dedicated primarily to the parking of vehicles, including striping and gutter pan if present. Pavement width. The width of the paved portion of a street not including any trails, sidewalks, or pullouts for transit vehicles. Performance standards. A set of criteria or limits established by these land development regulations relating to nuisance elements that a particular use or process shall not exceed. Page 31 of 346 DEFINITIONS ARTICLE 2 South Burlington Land Development Regulations Permitted use. A use allowed in a zoning district and subject to the restrictions applicable to that zoning district. Person. (A) An individual, a corporation, a partnership, an association, and any other incorporated or unincorporated organization or group. (B) For the purposes of Inclusionary Zoning standards within these Regulations, person means an individual, partnership, corporation, association, unincorporated organization, trust or other legal or commercial entity, including a joint venture or affiliated ownership; a municipality or state agency; and, individuals and entities affiliated with each other for profit, consideration, or any other beneficial interest derived from the development of land. The following individuals and entities shall be presumed not to be affiliated with a person for the purposes of profit, consideration, or other beneficial interest within the meaning of this definitions, unless there is substantial evidence of an intent to evade the purposes of the standards within these Regulations: (1) A stockholder in a corporation shall be presumed not to be affiliated with a person solely on the basis of being a stockholder if the stockholder owns, controls, or has a beneficial interest in less than five percent of the outstanding shares of the corporation; (2) An individual shall be presumed not to be affiliated with a person solely for actions taken as an agent of another within the normal scope of duties of a court-appointed guardian, licensed attorney, real estate broker or salesperson, engineer, or land surveyor, unless the compensation received or beneficial interest obtained as a result of these duties indicates more than an agency relationship; or (3) a seller or chartered lending institution shall be presumed not to be affiliated with a person solely for financing all or a portion of the purchase price at rates not substantially higher than prevailing lending rates in the community. Personal instruction facility. A commercial establishment primarily engaged in providing instruction. Such instruction may be in any branch of knowledge and may include business schools, trade schools, vocational schools, drivers’ education, and schools of dance, gymnastics, martial arts, and similar pursuits. Personal service. An establishment primarily engaged in providing services involving the care of a person or his or her apparel, such as barber, hairdresser, beauty or nail salon, shoe shine or repair, day spa, laundromat, or dry cleaner. "Personal service" shall not include establishments providing tattoo or body piercing services. Permeable surface. A material that permits full or partial absorption of stormwater into the ground. Pervious surface. See permeable surface. Pet day care. A commercial service provided to pet owners whereby pets are cared for outside of their home by the business owner during normal business hours, with no overnight boarding, training, sale, or breeding of pets. Includes pet grooming. May or may not include associated outdoor exercise facilities. Pet grooming. Any establishment where domestic pets are bathed, clipped, combed, or otherwise cleaned for the purpose of enhancing their aesthetic value or health, but not including any outdoor exercise facilities. Page 32 of 346 ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Place of lodging. See Hotel. Place of worship. A building or structure, or groups of buildings or structures, which by design, construction, or use are primarily intended for the conducting of organized religious services and associated accessory uses. May also include use of facilities for indoor or outdoor recreation, community center, or licensed non-residential child care as accessory uses. Plan, City. A municipal development plan adopted pursuant to subchapter 5, section 4385 of Title 24 VSA Chapter 117. Plan, final. A map and site plan representing a tract of land, showing all required elements of a site plan and which is presented to the Development Review Board or Administrative Officer for final approval. Plan, preliminary. A preliminary map and site plan indicating the proposed layout of the site which is submitted to the Development Review Board or Administrative Officer for consideration and preliminary approval. Plan, sketch. A concept map of a proposed site plan of sufficient accuracy and detail to be used for the purpose of discussion with the Administrative Officer or Development Review Board. Planned unit development (PUD). One or more parcels of land to be developed as a single entity, the plan for which may propose any authorized combination of density or intensity transfers or increases, as well as the mixing of land uses. This plan, as authorized, may deviate from bylaw requirements that are otherwise applicable to the area in which it is located with respect to the area, density or dimensional requirements or allowable number of structures and uses per lot as established in any one or more districts created under the provisions of these regulations. The specific requirements of a PUD and the area, density and dimensional provisions that may be modified are defined by the PUD Type. Planning Commission. The City of South Burlington Planning Commission, created pursuant to subchapter 2 of Title 24 VSA Chapter 117 and the City Charter. Plant material. The trees, shrubs, plants, or other ground cover including grass that constitutes the plant component of landscaping. Plat. (A) A map representing a tract of land, showing the boundaries and location of individual properties and streets, or (B) A map of a subdivision. Plat, final. The final map of all or a portion of a subdivision which is presented to the Development Review Board for final approval and which, upon approval, shall be recorded with the City Clerk. Plat, preliminary. A preliminary map indicating the proposed layout of the subdivision which is submitted to the Development Review Board for consideration and preliminary approval. Plat, sketch. A concept map of a proposed subdivision of sufficient accuracy and detail to be used for the purpose of discussion with the Administrative Officer or Development Review Board. Porch: a covered but unenclosed projection from the main wall of a building. Porch, open: A porch, open on three sides. Page 33 of 346 DEFINITIONS ARTICLE 2 South Burlington Land Development Regulations Porch, enclosed: A porch, enclosed on two or more sides by glass, plastic, netting, wire, walls, or similar temporary or permanent materials at a height above 42 inches from the porch floor, or the minimum required railing/wall height of the International Building Code, whichever is greater. Pre-construction grade. See grade, pre-construction. Preliminary approval. The conferral of certain rights, prior to final approval, after specific elements, as required in this ordinance, of a development site plan, master plan, planned unit development or subdivision have been approved by the Development Review Board. Primary agricultural soils. Soils classified by the Natural Resources Conservation Service as prime or statewide important soils for agriculture production. Principal building. A building in which is conducted or is intended to be conducted the main use or uses of the lot on which it is located. Principal use. The primary or predominant use of a lot. Private club. See membership association or organization. Processing and storage. The storage of materials in a facility where such materials may be combined, broken down, or aggregated for trans-shipment or storage purposes where the original material is not chemically or physically changed. Processing and storage is a single term and refers essentially to a storage and shipment place as opposed to a manufacturing establishment, distribution center, or truck terminal. Processing and storage shall not include the storage, maintenance or repair of trucks on a site as a principal or accessory use. Prohibited use. A use that is not allowed in a zoning district. Public drainage way. The land reserved, dedicated, or used for the installation of storm water sewers, swales or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water so as to safeguard the public against flood damage, sedimentation, and erosion. Public entrance. An entrance to a building that is useable and open to the public during business hours. Any such door must, at a minimum, be useable and open to the public for entry. Distances between and average frequency of public entrances shall be measured per building. Public notice. The form of public hearing notice prescribed by Title 24 VSA Chapter 117, Section 4464. Public realm. Includes all exterior places, linkages and built form elements that are physically and/or visually accessible to all members of the general public, during all business hours, or the majority of the day for residential buildings, regardless of ownership. These elements can include, but are not limited to, pedestrian ways, bikeways, plazas, nodes, squares, transportation hubs, playgrounds, parks, landmarks and are typically adjacent to the street or public place. The Public Realm shall be a physical place. Quasi-public use. A use owned or operated by a non-profit, religious, or charitable institution and providing educational, cultural, recreational, religious, or other similar types of public programs. Page 34 of 346 ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Rare, threatened or endangered species. A wildlife or plant species identified by the Vermont Department of Fish & Wildlife as being rare, threatened or endangered. Recreation facility. A place designed and equipped for the conduct of active and passive sports, participatory athletic activities, leisure time activities, and other customary and usual recreational activities. Excluded are facilities intended for spectator activities such as stadiums and arenas. Recreation facility, indoor. A recreational facility located wholly within an enclosed building(s). Activities are available on a fee or membership basis primarily for the benefit of persons not residing on the lot on which the facility is located. Indoor recreation structures may have accessory uses or structures such as snack bars, locker rooms, and pro shops that are designed and intended for use by the patrons of the primary use. Examples of such use include but are not limited to public or private health clubs, tennis or other racquet courts, swimming pools, YMCAs and YWCAs, health or fitness centers, indoor play areas, training studios for group recreation activities such as martial arts, gymnastics, and dance, bowling alleys, shooting ranges, roller rinks, rock climbing walls, and other similar uses. Recreation facility, outdoor. A commercial recreational facility for activities wholly or partially outside of any building or structure. Fields, trails, bodies of water, or other land may be used for recreational purposes. Where permitted, structures may include swimming pools, tennis courts, skating rinks, playground equipment, storage and accessory buildings, similar facilities, and accessory uses such as snack bars, pro shops and locker rooms. Examples of outdoor recreation include but are not limited to public and private golf courses, clubs, swimming pools, tennis courts, ball fields, ball courts, driving ranges, miniature golf courses, skateboard parks, and other similar unenclosed recreation activities. Recreation path. A public path, any portion thereof, either existing or planned, that is used by the general public for recreation. Recreational vehicle. A motorized or non-motorized vehicle or piece of equipment usually used or stored on wheels or used in the water and used for leisure time for camping, boating, and traveling. "Recreational vehicle" shall include personal watercraft, (e.g. Jetskis). Redevelopment. (A) The demolition and reconstruction of a structure or portion of a structure. (B) For the purposes of stormwater standards within these Regulations, the demolition and reconstruction of a structure, impervious surface, or portion of a structure or impervious surface. Religious use or institution. See Place of Worship Removal. The relocation of a structure from one site to another site, whether intact or in separate pieces. Repair. Any change to a structure that is not construction. Required improvements. Capital improvements required by the Development Review Board or Planning Commission in conjunction with the subdivision or development of land, including without limitation, monuments, lot markers, streets, curbs, sidewalks, street signs, outdoor lighting, water mains, sanitary sewers, storm drains, stormwater facilities, fire hydrants, and landscaping. Page 35 of 346 DEFINITIONS ARTICLE 2 South Burlington Land Development Regulations Research facility or laboratory. An establishment or other facility for carrying on basic and applied research into the natural, physical, or social sciences, or engineering and development as an extension of investigation with the objective of creating end products; and including any educational activities associated with and accessory to such research; but not including a medical office, dental, optical, or veterinary clinic, or a research facility or laboratory located on the principal site of a health or educational facility. Residence. The home, abode, or place where an individual is living at a specific point in time. Residential care home. A residential care home as defined by 33 V.S.A §7102(10) Residential use. A use defined as a dwelling, dwelling unit, housing, or housing unit. Residential district. A zoning district established in these land development regulations which primarily permits residential uses. This shall include Low-Scale Neighborhood (LSN), Medium-Scale Neighborhood (MSN), Queen City Park (QCP), and any other subsequently adopted residential districts. Resource extraction. 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. Restaurant. An establishment where food and drink is available to the general public. Alcoholic beverages may or may not be served, but shall only be incidental to the serving of food. Restaurant, short-order. A restaurant where the principal business is the sale of a limited line of specialized, pre-prepared or rapidly prepared foods or beverages directly to the customer in a ready-to consume form and whose operation is characterized by (A) service of food or beverage principally in containers or in paper, plastic or other disposable containers or wrappers, (B) availability of food or beverages for consumption immediately or within a brief period after ordering, and (C) insufficient seating facilities within the restaurant building for the total volume of food sold. Short-order restaurants may also include food delivery services and shall include bakeries and delicatessens. Additional outdoor seating on a seasonal basis may be permitted in conjunction with a short-order restaurant, subject to all applicable standards in these Regulations. Restaurant, standard. A restaurant where the principal business is the sale of foods or beverages for consumption within the restaurant building and whose operation is characterized by service by a restaurant employee at the same table or counter at which food or beverage is to be consumed. Those restaurants principally characterized as standard restaurants but with a substantial take-out, delivery and/or short order component may be required to meet supplemental parking standards pursuant to these Regulations. Additional outdoor seating on a seasonal basis may be permitted in conjunction with a standard restaurant, subject to all applicable standards in these Regulations. Retail sales. An establishment engaged in selling goods, groceries, or merchandise to the general public at retail or wholesale for personal or household consumption or for business use and rendering services incidental to the sale of such goods. Typically such an establishment Page 36 of 346 ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations (A) is a place of business and is engaged in activity to attract the general public to buy, (B) buys and receives as well as sells merchandise, (C) may process or manufacture some of the products for sale, such as a jeweler or baker, but such production or manufacture is incidental and subordinate to the selling activities, and (D) sells to customers for their own personal, household, or business use. Such an establishment may have a short order restaurant as an accessory use with the following limitations on the short order restaurant: (1) it must be located entirely within the principal structure and with no dedicated exterior entrance of its own; (2) it is limited to 3,000 square feet (3) it is limited to sixteen (16) or fewer indoor seats; (4) Additional seasonal outdoor seating may be permitted in conjunction with this accessory short order restaurant. A Wholesale Club is considered to be Retail Sales in these Regulations. Retail warehouse outlet. Retail sales from a warehouse as an accessory use to the principal warehouse use. Retaining wall. A structure constructed and erected between lands of different elevations to protect structures and/or to prevent erosion. Right-of-way. (A) A strip of land created by conveyance, reservation, dedication, prescription or condemnation, and intended to be occupied primarily by a means of access or utilities, as such by road, path, crosswalk, sidewalk, recreation trail, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary sewer, storm sewer or drainage, utility line, and other similar uses; or (B) generally, the right to pass over the property of another. Runoff. See stormwater. School. A building or premise or part thereof that is designed, constructed, or used for education or instruction in a branch of knowledge. The school may be public or private. Such use shall not include vocational or trade school; these are termed personal instruction facilities. School, elementary. Any school that meets state standards and requirements for elementary education. School, secondary. Any school that meets state standards and requirements for secondary education. Seasonal mobile food unit: A short order restaurant that is open for business for only a portion of each year. Food is customarily consumed partially on and partially off premise. Outdoor seating may consist of benches, tables, and chairs that are not permanently affixed to the ground. The food unit, along with all accessory items such as tables, chairs, benches, and dumpsters, are removed from the site at the expiration of a permit under these regulations. Restrooms are not customarily provided in conjunction with a seasonal mobile food unit. Page 37 of 346 DEFINITIONS ARTICLE 2 South Burlington Land Development Regulations Security identification display area: As defined by 49 Code of Federal Regulations (CFR) §1542 as revised. Self storage. A structure containing separate, individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time. Service station. A building, place of business, land area, or other premises, or portion thereof, used or intended to be used for the retail dispensing of gasoline, oil and grease, and other vehicle fuels, and including, as an accessory use, the sale and installation of batteries, tires, lubricants, and other automobile accessories and retail items. Minor repair service may also be rendered. See service station. The free or retail dispensing of electricity for vehicles within approved on-street or off-street parking spaces shall not constitute a service station. Setback. The distance from the nearest portion of a structure to any lot line. For purposes of this section, a structure shall not include: (A) eaves, sills, pilasters, gutters, leaders, cornices, chimneys, and roof overhangs provided such features do not extend more than two (2) feet from the remainder of the structure; (B) steps to first floor entries provided such features do not extend more than five (5) feet from the remainder of the structure or front porch as allowed under these regulations; (C) ramps for the disabled; and (D) light poles. Setback(s), front. The required setback from the front lot line. Setback, rear. The required setback from the rear lot line. Setback(s), side. The required setback from the side lot line. Shopping center. A group of two (2) or more retail establishments or restaurants, including all associated out-parcels (whether or not they have been subdivided from the original tract), having a unified design of buildings, coordinated parking and service areas, and development plan in accordance with the requirements of the zoning district in which it is located, and provision for goods delivery is separated from customer access. The shopping center shall be planned, constructed, and developed and/or managed as a unified entity. Non-retail uses, such as offices, theaters, and hotels may be included in the overall development plan provided such uses are approved by the DRB in conjunction with the overall shopping center. Short term bicycle parking. Also called bicycle parking. Bicycle parking spaces to accommodate customers, patients, employees, clients, visitors and those biking to a destination for a limited time. Shrub. A woody branching plant of relatively low height. Sidewalk. A paved, surfaced, or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway. The sidewalk may be separated or may directly abut the street, according to regulations in this ordinance. Sidewalk, full. A sidewalk running flush with the curb by landscaping provided in tree wells or planters Sidewalk, ribbon. A sidewalk separated from the curb by a landscaped greenbelt. Page 38 of 346 ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Sign. A sign as defined in the South Burlington Sign Ordinance, as amended. Significant tree. A tree other than an evergreen with a caliper of eighteen (18) inches or more. Significant wildlife habitat. Those natural features and resources that contribute to the survival and/ or reproduction of the native wildlife of South Burlington. Such features and resources include: (A) Habitat for rare, threatened and endangered species (state or federally listed); (B) River Corridors as defined in these regulations; (C) Wetlands and wetland buffers as defined in these Regulations; (D) Habitat Blocks, and (E) Habitat Connectors. Silviculture (forestry). Shall include the following land use activities conducted in accordance with state- defined proper forest management: the growing and harvesting of trees or timber for purposes other than their fruit; and the use of temporary processing equipment such as chippers and portable sawmills, which are used in association with harvesting operations and are removed from the site once harvesting operations are complete. Site amenity. A civic space or private space dedicated for use by the public or users of a building or group of buildings. Site Amenity types are defined by the combination of certain physical constants including the relationships among their intended use, their size, their landscaping and their adjacent features such as streets, buildings, and/or natural areas. Site balancing. Where stormwater control and/or treatment of certain limited areas of new, redeveloped, or substantially reconstructed impervious surface area are not possible, the impact from these areas of untreated impervious surfaces will be compensated on an equivalent basis by controlling and/or treating other impervious surfaces on the lot, parcel, or property. This can be accomplished by providing additional control and/or treatment beyond what is required for impervious surface areas already subject to the requirements of 13.05(E) or by providing control and/or treatment for impervious surfaces that are not otherwise required to meet the requirements of 13.05(E). The applicant must own or otherwise control the impervious surfaces used for site balancing. Site plan. The development plan for one or more lots on which is shown the existing and proposed conditions of the lot(s) including topography, vegetation, drainage, floodplains, marshes, and waterways, open spaces, walkways, means of ingress and egress, utility services, landscaping, structures, signs, lighting, screening devices, and other information that reasonably may be required in order that an informed decision can be made by the Development Review Board or other approving agent or body. Single block face. A continuous span along a block without a vehicular street. Skilled nursing facility. An institution or part of an institution that provides licensed, skilled, full-time nursing care and related services for patients who require medical, nursing, and/or rehabilitative services. The facility shall provide extended and/or intermediate care for those who by reason of advanced age, illness, infirmity, or mental impairments need acute, chronic, or convalescent care. Such facility shall also be known as a nursing home, convalescent facility, or long-term care facility. Page 39 of 346 DEFINITIONS ARTICLE 2 South Burlington Land Development Regulations Small maturing tree. A tree whose height is thirty-five (35) feet or less at maturity and meets the specification of “American Standards for Nursery Stock” published by the American Association of Nurserymen. See also canopy tree. Social services. Establishments providing assistance and aid to those persons requiring counseling for psychological problems, employment, learning disabilities, and/or physical disabilities. This includes organizations soliciting funds for these and related services. May include on-site ancillary services, such as child care, but shall not include accommodations for overnight stays. Steep slopes. Any land formation, aside from individual rocks, with a measured slope of between 15 and 25% containing a vertical drop of at least three (3) feet. Any such land formations that are human-made and previously permitted by the City, as shown on an approved site plan or other permit documentation, shall not be considered, and are excepted from the definition of “steep slopes”. Steep slopes, very. Any land formation, aside from individual rocks, with a calculated slope of over 25% containing a vertical drop of at least three (3) feet. Any such land formations that are human- made and previously permitted by the City, as shown on an approved site plan or other permit documentation, shall not be considered, and are excepted from the definition of, “very steep slopes”. Stoop. A building entry facing a street, civic space, or courtyard with the first story elevated from the sidewalk for privacy, with an exterior stair and landing at the entrance. Stormwater. The portion of precipitation and snowmelt that flows across ground surfaces and is eventually returned to a waterbody such as a river, stream, pond, or reservoir. Story. That part of a building above ground level between a floor and the floor next above. If there is no floor above it, then the space between the floor and the roof or ceiling next above it. Story shall include basements and not cellars. An intermediate floor between the floor and ceiling of any story shall be deemed a mezzanine and shall not be counted as a story unless the total of all mezzanine areas exceeds five thousand square feet (5,000 SF) or one-third of the area of the floor immediately below it, whichever is less. A basement shall be considered as a story where the finished surface of the floor above the basement is: (A) More than four (4) feet above the average pre-construction level of the adjoining ground, or (B) More than twelve (12) feet above the pre-construction ground level at any point. Half story. The habitable floor area within the roof of a sloped roof structure or the attic made habitable with dormers. Ground story. The first story of a building other than a cellar or basement. Roofline story. A story whose finished floor is located at or above the principal roofline of a building. Story below roofline. A story whose finished floor is located below the principal roofline of a building. Story facing street. A Story Below Roofline that faces an existing or planned private or public street. A story shall be considered to face an existing or planned private or public street if any point along the side of the building most closely parallel such street is exposed by more than four (4) feet. Total stories. The sum of all stories in a building. Page 40 of 346 ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Stream. A watercourse having a source and terminus, banks, and channel through which waters flow at least periodically. Stream, major. In the City of South Burlington, these shall be the Winooski River, Muddy Brook, and the main stem of Potash Brook. Stream, minor. In the City of South Burlington, these shall be the main stem and all tributaries of North Brook, Monroe Brook, Bartlett Brook, Centennial Brook, and Engelsby Brook; those streams forming the headwaters of Shelburne Pond; and all tributaries of Potash Brook and Muddy Brook. Stream, intermittent. Streams with a drainage area smaller than 0.5 square miles that are not subject to the River Corridor regulations. This definition shall not include ditches and other constructed channels primarily associated with land drainage or water conveyance. Street. A way primarily for vehicular travel that (A) is an existing state, county, or municipal roadway; or (B) is shown upon an approved and recorded plat approved pursuant to law; or (C) is approved by other official action. A street shall include all land between the street lines (also known as the boundary lines of the right-of-way), whether improved or unimproved. The word “street” shall be equivalent to the words “road” or “roadway.” Street, arterial. A public street that is used or will be used primarily for through traffic flow. These streets are designated in the transportation chapter of the City Plan. Street, collector. A street that is used or will be used primarily for connecting local street traffic to the arterial street system. These streets are designated in the transportation chapter City Plan. Street, local. A street used primarily for direct access to property and not for through traffic flow. These streets are all those not designated as arterial or collector. Street, private. A private street is any street providing access to one or more parcels of land that is not intended to be accepted for ownership by the City. The dimensional standards, including width of the right of way and roadbed, and method of connection to public streets, are determined by the City. A private street is expected to meet the standards determined by the City and shall not be confused for an access drive, driveway or the specifications thereof. Street, public. A right-of-way or fee simple tract of land which has been set aside for public travel, dedicated to the City by the recording of a subdivision plat or irrevocable offer of dedication, built to public street standards, and eligible for ownership by the City of South Burlington or other public entity. Street furniture. Objects placed along a street for public use, such as benches, waste bins, etc. Street orientation. The direction of the front façade of a structure in relation to the street. Street line. The outer boundary of a street right-of-way. Street type. Title, function and requirements for design of street rights-of-way. Street right-of-way. Any right-of-way that is either: Page 41 of 346 DEFINITIONS ARTICLE 2 South Burlington Land Development Regulations (A) Public: set aside for public travel which is accepted or eligible to be accepted for ownership by the City of South Burlington or the State, if so authorized; or has been dedicated for public travel by the recording of a plat or a 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 these land development regulations; the right-of-way for a public street. Or (B) Private: set aside to allow travel and access between one or more parcels of land and a public street, the dimensions of which shall be depicted clearly on a plat or plan approved or subsequently approved by the City and recorded or proposed to be recorded in the land records and which is not intended to be, and will not be, accepted for ownership by the City of South Burlington; the right-of- way for a private street. Structure. Any construction, erection, assemblage or other combination of materials upon the land, including but not limited to, buildings, mobile homes, swimming pools, tennis courts, antennas, satellite dishes, utility sheds, trailers, billboards, signs, walls or fences (except a wall or fence on an operating farm). A structure may be erected for use, occupancy, or ornamentation, and the use of which requires permanent or temporary location on, above, or below the surface of the ground or water. By definition, all buildings are structures, but not all structures are buildings. The term “structure” shall not include paved surfaces such as parking areas, sidewalks, and patios. Subdivider. Any person, firm, corporation, partnership, or association, who shall lay out for the purpose of sale or development any subdivision or part thereof as defined herein either for himself or others. The term shall include an applicant for subdivision approval. Subdivision. (A) The division of a lot, tract, or parcel of land into two or more lots, tracts, or parcels or other divisions of land for sale, development, or lease. The term subdivision includes amended subdivision and, as appropriate in these regulations, shall refer to the process of subdividing land. (B) Division of land such as for minor realignment of property boundary lines of pre-existing lots, for municipal purposes which conform to the City Plan (such as road widening, easements, sidewalks, parks, etc.), or alteration of existing lots as specifically permitted under these Land Development Regulations, shall not be deemed a subdivision, but is known as a minor lot line adjustment. Substantial improvement. Any repair, reconstruction, or improvement of a structure or property, the cost of which equals or exceeds fifty percent (50%) of the fair market value of the structure or property either, before the improvement or repair is started, or if the structure or property has been damaged and is being restored, before the damage occurred. For the purpose of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (A) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (B) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. Substantial reconstruction. The reconstruction of an impervious surface where an impervious surface currently exists when such reconstruction involves site grading, subsurface excavation, or modification of existing stormwater conveyance. Substantial reconstruction does not include maintenance or Page 42 of 346 ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations management activities on impervious surfaces including any crack sealing, patching, cold planing, resurfacing, or reclaiming treatments used to maintain pavement and bridges, or grading treatments used to maintain unpaved roads. Supermarket or grocery store. See retail food establishment. Swimming pool. An artificial body of water or receptacle for water and constructed, installed, or maintained in or above ground. Tavern. See bar. TDR. Transfer of Development Rights or Transferrable Development Rights. Technical deficiency. A defect in a proposed plan or bylaw, or an amendment or repeal thereof which does not involve substantive change to the proposal, including but not limited to corrections to grammar, spelling and punctuation, as well as the numbering of sections. Townhouse or rowhouse. See dwelling. Tract. An area, parcel, site, piece of land, or property that is the subject of a development application. Trailer. A structure standing on wheels, towed, or hauled by another vehicle that carries materials, goods or objects, or is used as a temporary office. Trailers shall be allowed on a work site as temporary offices provided any such temporary location has received necessary approvals. Travel lane. The portion of the pavement width of a street dedicated primarily to the movement of vehicles in one track of travel including striping if present. Telecommunications. The transmission and reception of audio, video, data, and other information by wire, radio frequency, light, microwave, and other electronic or electromagnetic systems. Telecommunications tower. A structure on which transmitting and/or receiving antenna(e) are located. Such antenna(e) may be used for commercial, industrial, municipal, county or state telecommunication purposes. Such structure may be a purpose-built free-standing tower, guyed tower, monopole, camouflaged or “stealth” design tower, a roof with mounted antenna(e), or any building façade of steeple, water tower, silo, sign, or other similar structure. Transferable development rights. The development potential of a parcel of land assigned by these regulations which may be severed from a parcel (the sending parcel) and which may be transferred to and used on another parcel (the receiving parcel), as defined in 24 V.S.A. section 4423, as amended from time to time. Transportation services. Establishments primarily engaged in furnishing passenger transportation, including local, statewide and interstate bus service, taxicabs, passenger transportation charter service, and terminal and maintenance/service facilities for motor vehicle passenger transportation. Transect Zone. A type of District established within the Form Based Code portion of these Land Development Regulations. Also known as a T-Zone. Page 43 of 346 DEFINITIONS ARTICLE 2 South Burlington Land Development Regulations Transect zone unit. Within a Transect Zone, a unit shall be considered as 1,500 sq. ft. gross floor area (GFA) (regardless of the number of bedrooms or use) for the purposes of calculating minimum density. All new dwelling units less than 1,500 sq. ft. GFA shall equal the proposed new unit GFA sq. footage divided by 1,500, for example: 750 sq. ft. shall be considered ½ unit. A new structure or proposed square footage of 1,501 sq. ft. GFA or larger shall be considered (proportionately) more than one unit; for example, 3,000 sq. ft. GFA of new or proposed construction shall be considered two units. Units per acre allowances shall use this standard. • In T-5 and T-4 micro-units (for affordability purposes 200 sq. ft. to 500 sq. ft.) shall be allowed and encouraged. • In T-3 cottage housing/starter houses (houses under 1200 sq. ft. or less than one unit) is encouraged. Transect Zone Subdivision. A subdivision of land within a Transect Zone. Undue adverse impact. An impact that 1) violates a clear, written community standard under these regulations, and that 2) cannot be mitigated through siting or design modifications or conditions of approval. Urban agriculture. The use of land and structures within or on the edge of an urban or suburban area to produce, process, and market food and fuel, primarily for local consumption. Characterized by intensive production methods on relatively small sites as compared to traditional farming. May include but not limited to: greenhouses; rooftop gardens; community gardens; backyard poultry, bees, or other livestock. Use. The specific purpose or activity for which a structure, building, or land is or may be designed, arranged, designated, or intended or for which a structure, building, or land is or may be occupied and maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use. Utility, private or public. (A) Any person, entity, agency, or establishment which, under public franchise or ownership, or under certificate of convenience and necessity, generates, transmits, distributes, and/or provides the public with utility services such as electricity, gas, heat, steam, communication, transportation, water, sewage collection, cable television, telephone, or other similar service, or (B) a closely regulated private enterprise with a franchise for providing a public service. Such services include the erection, construction, alteration, or maintenance of underground, surface or overhead transmission and collection systems, and the equipment and appurtenances necessary for such systems to furnish an adequate level of public service. Utility cabinet. This generic term shall encompass electric transformers, switch boxes, telephone pedestals and telephone boxes, cable television boxes, traffic control boxes, accessory telecommunications transmission equipment and storage sheds, substation, or communication relay station, and similar devices. Vacancy. Any unoccupied land, structure, or part thereof that is available and suitable for occupancy. Vested right. The right to undertake and/or to complete a development and use of property under the terms and conditions of an approved subdivision plat or site plan. Page 44 of 346 ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Veterinary hospital. An establishment where animals are given medical care and the boarding of animals is limited to short-term convalescent care related to medical treatment. May include pet grooming services accessory to medical care. May or may not include associated outdoor exercise facilities as allowed and regulated in Article 14.11J. Walkable mixed-use development. Such development shall be designed as part of a planned unit development or master plan and shall have the following components: (A) a mix of residential and commercial uses and densities, with institutional and municipal uses encouraged; (B) proximity to public transportation (ideally within one-half mile); (C) a connected street network with relatively short blocks, sidewalks and crosswalks, pedestrian-scaled lighting, street trees, and/or recreation paths and bicycle paths; and (D) a compact design characterized, for example, by lots smaller than typically required in commercial districts in these land development regulations, and streets narrower than typically required, and housing and businesses oriented towards the street rather than parking areas. Warehouse. A building used primarily for the storage of goods, materials, and merchandise. Warehousing. The indoor storage of goods, materials, and merchandise for shipment to or processing on another property. This may include truck terminal facilities for handling freight with or without maintenance facilities. Wetland. An area that is inundated by surface or groundwater with a frequency sufficient to support vegetation or aquatic life that depend on saturated or seasonally saturated soil conditions for growth and reproduction. Such areas include, but are not limited to, fens, marshes, swamps, sloughs, potholes, ponds, but excluding such areas used to grow food or crops in connection with farming activities. The boundary of a wetland shall be delineated by the methodology set forth in the 1989 edition of the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, or any subsequent amendment or revision of that document. Wetlands are classified as Class I, Class II, or Class III wetlands by the most recently adopted Vermont Wetland Rules. Wholesale club. An establishment, also known as a “warehouse club”, primarily engaged in the bulk retail sale of a general line of new merchandise, such as apparel, furniture, groceries and appliances, for personal or household consumption or for business use. The patronage of a wholesale club is typically restricted by a membership requirement. Wholesale establishment. An establishment or place of business primarily engaged in selling goods, products, material, and merchandise stored on the premises to retailers or persons who are the intermediaries between the producer and the consumer; to industrial, commercial, institutional or professional business users; to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. Under these Regulations, this definition of Wholesale establishment specifically excludes the Wholesale Club use. A Wholesale Club shall not be considered to be a Wholesale establishment. Window head: The upper transverse member of a window. Window head height: Height of a window head measured from the floor of the building’s story. Page 45 of 346 DEFINITIONS ARTICLE 2 South Burlington Land Development Regulations Window sill: The horizontal member at the bottom of a window opening. Working land. Land that is used for farming or forestry. Yard. An area on a lot that lies between the principal or accessory building or buildings and the nearest lot line, and is unoccupied and unobstructed from the ground upward to the sky by any structure or portion thereof except as permitted by these land development regulations. Fences, walls, poles, posts, and other customary yard accessories and ornaments may be permitted in any required yard, subject to height limitations. A required yard is that portion of a yard meeting the minimum yard requirements of the applicable zoning district. [See Also Figure 2-1, Lot Lines and Yards] Yard, front. A yard extending the full length of the front lot line and situated between the front lot line and the front of the principal building at its farthest point from the front lot line. Each yard that abuts a front lot line shall be deemed a front yard. Yard, rear. A yard extending across the full length of the rear lot line and situated between the rear lot line and the back of the principal building at its farthest point from the rear lot line. In the case of a through lot or corner lot, there shall be no rear yard, but only front and side yards. Yard, side. A yard extending along the full length of the side lot line and situated between the side lot line and the side of the principal building at its farthest point from the side lot line, but excluding any area encompassed within a front yard or rear yard. In the case of a through lot or corner lot, there shall be no rear yard, but only front and side yards. See Figure 2-1. Zero lot line. The location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line. Zoning district. A specifically delineated area or district within the corporate limits of the City of South Burlington for which the requirements governing use, placement, spacing, size, lot dimensions, and bulk of buildings and premises are uniform. This is also known as a zone. Zoning map. The Zoning Map or Maps of the City of South Burlington, Vermont, together with all amendments subsequently adopted, which are part of these Land Development Regulations and which delineate the boundaries of the zoning districts. Also includes any Form Based-Codes District Map and associated designated Street Types. Zoning permit. A document signed by the Administrative Officer, as required in these Regulations, as a condition precedent to the commencement of a use or the erection, construction, reconstruction, restoration, alteration, conversion, or installation of a structure or building, which acknowledges that such use, structure, or building complies with the provisions of the Regulations or authorized variance. 2.03 Definitions for Flood Hazard and River Corridor Purposes The following definitions shall apply to all lands within the Floodplain and River Corridor Overlay District. Area of special flood hazard. Synonymous in meaning with the term “special flood hazard area” for the purposes of this bylaw. Page 46 of 346 ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Associated transportation and utility networks. Those transportation and utility networks connected to a bridge, culvert, or utility for the purpose of crossing a river or stream and do not include transportation or utility networks within the river corridor that merely run parallel to a river or stream. Average grade level. The average of the natural or existing topography at center of all exterior walls of a building or structure to be placed on site. Base flood. The flood having a one percent chance of being equaled or exceeded in any given year (commonly referred to as the “100-year flood”). Base flood elevation (BFE). The elevation of the water surface elevation resulting from a flood that has a 1 percent chance of equaling or exceeding that level in any given year. On the Flood Insurance Rate Map the elevation is usually in feet, in relation to the National Geodetic Vertical Datum of 1929, the North American Vertical Datum of 1988, or other datum referenced in the Flood Insurance Study report, or the average depth of the base flood, usually in feet, above the ground surface. Basement. Any area of a building having its floor elevation below ground level on all sides, including crawlspaces. Channel. An area that contains continuously or intermittently flowing water that is confined by banks and a streambed. Common plan of development. Where a structure will be refurbished or constructed over a period of time under one approved plan or permit, but in separate stages, phases, or in combination with other construction activities. Such work might be planned unit by unit and may take place at different times, or on different schedules. Critical facilities. Facilities that are vital to public health and safety – includes police stations, fire and rescue facilities, hospitals, public and private schools, shelters providing temporary housing assistance, assisted living facilities, congregate care facilities, and skilled burning facilities. Designated center. A downtown, village center, new town center, growth center, or neighborhood development area designated pursuant to 24 V.S.A. Chapter 76A. Development. Any human-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. Encroachment. Activities or construction including fill, substantial improvements, and other development that may cause an increase in flood levels. Equilibrium condition. The width, depth, meander pattern, and longitudinal slope of a stream channel that occurs when water flow, sediment, and woody debris are transported by the stream in such a manner that it generally maintains dimensions, pattern, and slope without unnaturally aggrading or degrading the channel bed elevation. Fill. Any placed material that changes the natural grade, redirects the movement of flood water, or diminishes the flood storage capacity at the site. Temporary storage of materials for less than 180 days is not considered fill. Page 47 of 346 DEFINITIONS ARTICLE 2 South Burlington Land Development Regulations Flood. (A) A general and temporary condition of partial or complete inundation of normally dry land areas from: the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and mudslides which are proximately caused by flooding and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current; (B) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding. Flood hazard. Those hazards related to damage from flood-related inundation or erosion. Flood hazard area. Shall have the same meaning as “area of special flood hazard” under 44 C.F.R. § 59.1. “Area of special flood hazard” is synonymous with the term “special flood hazard area.” Flood insurance rate map (FIRM). An official map of a community, on which the Federal Insurance Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community. In some communities the hazard boundaries are available in paper, pdf, or Geographic Information System formats as a Digital Flood Insurance Rate Map (DFIRM). Flood insurance study. An examination, evaluation and determination of flood hazards and, if appropriate, the corresponding water surface elevations or an examination, evaluation and determination of mudslide (i.e., mudflow) and /or flood related erosion hazards. Floodplain or flood-prone area. Any land area susceptible to being inundated by water from any source (see definition of “flood”). Flood proofing. Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot at any point. Please note that Special Flood Hazard Areas and floodways may be shown on a separate map panels. Page 48 of 346 ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Illustration of Floodway and Special Flood Area Floodway, regulatory in the City of South Burlington. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot at any point. Fluvial erosion. The erosion or scouring of riverbeds and banks during high flow conditions of a river. Fluvial erosion is most likely to occur within the river corridor. Functionally dependent use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. Grading. The movement or replacement of topsoil or other material originating on the site and within the flood hazard area. Grading results in minor or no changes in topographic elevations. If new material is brought from outside the flood hazard area and such new material is not offset with an equal or greater removal of material from the portion of the site within the flood hazard area, the new material shall be considered “fill” and shall not be considered grading. Historic structure. Any structure that is: (A) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; Page 49 of 346 DEFINITIONS ARTICLE 2 South Burlington Land Development Regulations (B) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (C) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (D) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (1) By an approved state program as determined by the Secretary of the Interior or (2) Directly by the Secretary of the Interior in states without approved programs. Infill development. A construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other development in an area that was not previously developed but is surrounded by existing development. Letter of map change (LOMC). A letter issued by FEMA officially removing a structure or lot from the flood hazard area based on information provided by a certified engineer or surveyor. This is used where structures or lots are located above the base flood elevation and have been inadvertently included in the mapped special flood hazard area. A LOMC can include a Letter of Map Amendment (LOMA), Letter of Map Revision (LOMR), Letter of Map Revision based on Fill (LOMR-F), or a Letter of Map Revision for a Floodway (LOMR-FW). Lowest floor. The lowest floor of the lowest enclosed area, including basement. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s lowest floor provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 CFR 60.3. Manufactured home (or mobile home). A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include a “recreational vehicle”. National Flood Insurance Program. The National Flood Insurance Program under 42 U.S.C. chapter 50 and implementing federal regulations in 44 C.F.R. parts 59 and 60. The National Flood Insurance Program aims to reduce the impact of flooding on private and public structures. It does so by providing affordable insurance to property owners in communities that adopt and enforce floodplain management regulations. These efforts help mitigate the effects of flooding on new and improved structures. Natural and beneficial floodplain functions. The functions associated with the natural or relatively undisturbed floodplain which include moderating flooding, retaining flood waters, and reducing erosion, sedimentation and flood related damage. Ancillary beneficial functions include support of ecosystem services such as wildlife habitat, water quality, and recharge of ground water. New construction. Structures for which the start of construction commenced on or after the effective date of the floodplain management regulation and/or River Corridor regulations adopted by the community and includes any subsequent improvements to such structures. Non-residential. Uses not defined as “Residential Use” in Section 2.02. Page 50 of 346 ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Public water access. A public access to a water of the State and, except for toilet facilities, shall not include structures as defined in this bylaw. Recreational vehicle. A vehicle which is: (A) Built on a single chassis; (B) 400 square feet or less when measured at the largest horizontal projection; (C) Designed to be self-propelled or permanently towable by a light duty truck; and (D) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Redevelopment. The construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other development in a previously developed area. The term includes substantial improvements and repairs to substantially damaged buildings. Replacement structure. A new building placed in the same footprint as the pre-existing building and does not include a change in use. River. The full length and width, including the bed and banks, of any watercourse, including rivers, streams, creeks, brooks, and branches which experience perennial flow. “River” does not mean constructed drainageways, including water bars, swales, and roadside ditches. Page 51 of 346 DEFINITIONS ARTICLE 2 South Burlington Land Development Regulations River corridor. The land area adjacent to a river that is required to accommodate the dimensions, slope, planform, and buffer of the naturally stable channel and that is necessary for the natural maintenance or natural restoration of dynamic equilibrium conditions and for minimization of fluvial erosion hazards, as delineated by the Vermont Agency of Natural Resources in accordance with river corridor protection procedures. (10 V.S.A. § 1422). Illustration of River Corridor Special flood hazard area. The floodplain within a community subject to a 1 percent or greater chance of flooding in any given year. For purposes of these regulations, the term “area of special flood hazard” is synonymous in meaning with the phrase “special flood hazard area”. This area is usually labeled Zone A, AO, AH, AE, or A1-30 in the most current flood insurance studies and on the maps published by the Federal Emergency Management Agency. Maps of this area are available for viewing in the municipal office or online from the FEMA Map Service Center: msc.fema.gov. Base flood elevations have not been determined in Zone A where the flood risk has been mapped by approximate methods. Base flood elevations are shown at selected intervals on maps of Special Flood Hazard Areas that are determined by detailed methods. Please note, where floodways have been determined they may be shown on separate map panels from the Flood Insurance Rate Maps. Start of construction. For purposes of floodplain management, determines the effective map or bylaw that regulated development in the Special Flood Hazard Area. The “start of construction” includes substantial improvement, and means the date the zoning permit was issued provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footing, piers, or foundations or the erection of temporary forms; nor does it include the Page 52 of 346 ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, regardless whether that alteration affects the external dimensions of the building. Storage. The aggregation of materials, items, or objects whether natural or human-made; that is kept as a stockpile, collection, or inventory; where individual materials from the stockpile, collection or inventory may change, but where the general footprint of the stored materials continues to be used for the same purpose; whether set upon the land or within a container, structure, or facility; and that would not otherwise be in compliance with these development standards. Structure. For regulatory purposes under this bylaw, a walled and roofed building, as well as a manufactured home, and any related built systems, including gas or liquid storage tanks. Substantial damage. In Floodplain Overlay District Zones A, AE, and A1-30, damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged conditions would equal or exceed 50 percent of the market value of the structure before the damage occurred. In Floodplain Overlay District Zones 0.2% B1 and B2, damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged conditions would equal or exceed 100 percent of the market value of the structure before the damage occurred. Substantial improvement. In Floodplain Overlay District Zones A, AE, and A1-30, any repair, reconstruction, rehabilitation, addition, or other improvement of a structure after the date of adoption of this bylaw, the cost of which, over three years, or over the period of a common plan of development, cumulatively equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. In Floodplain Overlay District Zones 0.2% B1 and B2, any repair, reconstruction, rehabilitation, addition, or other improvement of a structure after the date of adoption of this bylaw, the cost of which, over three years, or over the period of a common plan of development, cumulatively equals or exceeds 100 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage”, regardless of the actual repair work performed. The term does not, however, include either: (A) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been previously identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (B) Any alteration of an “historic structure”, provided that the alteration will not preclude the structure’s continued designation as an “historic structure”. Top of bank. The point along a streambank where an abrupt change in slope is evident, and where the stream is generally able to overflow the banks and enter the adjacent floodplain during flows at or exceeding the average annual high-water stage. Page 53 of 346 DEFINITIONS ARTICLE 2 South Burlington Land Development Regulations Top of slope. A break in slopes adjacent to steep-banked streams that have little or no floodplain; or a break in slope where the side slopes adjacent to an incised, or deeply cut, channel meet floodplains that have been abandoned or are undergoing abandonment. Illustration of Top of Slope Violation. The failure of a structure or other development to be fully compliant with this bylaw. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR 60.3 is presumed to be in violation until such time as that documentation is provided. Watercourse. Any perennial stream and shall not include ditches or other constructed channels primarily associated with land drainage or water conveyance through or around private or public infrastructure. Wet-floodproofing. Permanent or contingent measures applied to a structure that prevent or provide resistance to damage from flooding by allowing water to enter the structure in accordance with Technical Bulletin 7 published by FEMA. https://www.fema.gov/media-library/assets/documents/3503 Page 54 of 346 ARTICLE 3 GENERAL PROVISIONS South Burlington Land Development Regulations 3 GENERAL PROVISIONS 3.01 Establishment of Districts and Description of Certain Districts 3.02 Official Map, Overlay District Maps, and Other Maps 3.03 District Boundaries 3.04 Applicability of Regulations 3.05 Lots 3.06 Existing and Planned Rights-of-Way; Setbacks; and Buffers 3.07 Height of Structures 3.08 Temporary Structures and Uses 3.09 Multiple Structures and Uses 3.10 Accessory Structures and Uses 3.11 Accessory Dwelling Units 3.12 Home Occupations 3.13 Group Homes and Residential Care Homes 3.14 Registered and Licensed Family Child Care Homes 3.15 Nonconformities 3.16 General Performance and Maintenance Standards 3.17 Reasonable Accommodation to Ensure Reasonable Access to Housing 3.18 Residential and Commercial Building Energy Standards 3.19 On-Site Solar Photovoltaic Systems 3.01 Establishment of Districts and Description of Certain Districts A. Establishment of Districts. For the purpose of these regulations, the City of South Burlington is hereby divided into the districts shown on the Official Zoning Map. This bylaw also contains provisions for overlay districts and a floating district. (1) Residential Districts. LSN Low-Scale Neighborhood MSN Medium-Scale Neighborhood QCP Queen City Park NRP Natural Resources Protection (2) Commercial Districts. HSMU Higher-Scale Mixed-Use C1-AUTO Commercial 1 with Automobile Sales District C1-AIR Commercial 1 with Airport-Related Uses District C1-LR Commercial 1 with Limited Retail District C2 Commercial 2 District (3) Industrial and Airport Districts. IC Mixed Industrial and Commercial District AIR Airport District Page 55 of 346 GENERAL PROVISIONS ARTICLE 3 South Burlington Land Development Regulations I-O Industrial and Open Space District (4) Other Districts. IA Institutional and Agricultural District (includes IA-North and IA-South) PR Park and Recreation District MU Municipal District (5) Overlay Districts. The following overlay districts are shown on the Overlay Districts Map: Floodplain Overlay District Scenic View Protection Overlay District Interstate Highway Overlay District Transit Overlay District Urban Design Overlay District River Corridor Overlay District Habitat Block Overlay District Habitat Connector Overlay District (6) City Center Form Based Codes Districts. T-1 Transect Zone 1 T-3 Transect Zone 3-City Center T-3+ Transect Zone 3 Plus-City Center T-4 Transect Zone 4 Urban Multi-Use T-5 Transect Zone 5 City Center B. Description of Certain Districts. (1) Floodplain Overlay District. The boundaries of the Floodplain Overlay District shall include those areas that are identified as areas of special flood hazard (Zones A, AE, A1-30, and 0.2%) in and on the most current flood insurance studies and maps published by the Department of Homeland Security, Federal Emergency Management Agency, National Flood Insurance Program, as provided by the Secretary of the Agency of Natural Resources pursuant to 10 V.S.A. Chapter 32 § 753, which are hereby adopted by reference and declared to be part of these regulations. Zone 0.2% has been further divided into Zone B1 and Zone B2 on the Hazards and Level II Natural Resources Maps, respectively. The location of the boundary shall be determined by the Administrative Officer (AO). (a) Floodplain Overlay District Zones A, AE, and A1-30. The boundaries of these Zones include those areas of special flood hazard designated in and on the above referenced studies and maps as Zones A, AE, or A1-30. (b) Floodplain Overlay District Zones 0.2% B1 and B2. The boundaries of these Zones include those areas of special flood hazard designated in and on the above referenced studies and maps as Zone 0.2%, and are separated into a zone that reflects generally developed and priority development areas, and a zone that reflects generally undeveloped areas. (2) Airport Approach Cone. The boundaries of the Airport Approach Cone, as shown on the Official Zoning Map, include all approaches to the runways at the Burlington International Airport. Angles and widths of the approach cones are more specifically defined in the Burlington International Airport Master Plan most recent update. (3) River Corridor Overlay District. The boundaries of the River Corridor Overlay District shall include those areas mapped as Statewide River Corridors in the City of South Burlington, Vermont, as Page 56 of 346 ARTICLE 3 GENERAL PROVISIONS South Burlington Land Development Regulations published by the Agency of Natural Resources (ANR) including refinements to that data based on field-based assessments which are hereby adopted by reference. On perennial streams with a watershed size greater than half a square mile for which River Corridors are not mapped, the standards in I Development Standards of Section 12.07 River Corridor Overlay District shall apply to the area measured as 50 feet from the top of the stream bank or slope. (4) Habitat Block Overlay District. The boundaries of the Habitat Block Overlay District shall include those areas mapped as the Habitat Blocks on the Habitat Blocks and Habitat Connectors Map. (5) Habitat Connector Overlay District. The boundaries of the Habitat Connector Overlay District shall include those areas mapped as Habitat Connectors on the Habitat Blocks and Habitat Connectors Map. 3.02 Official Map, Overlay District Maps, and Other Maps A. Official Zoning Map. The Official Zoning Map describes the different and separate districts of the City of South Burlington set forth in Section 3.01. The Official Zoning Map is a component of these Land Development Regulations. B. Overlay Districts Maps 1 and 2. The Overlay Districts Maps describe the different and separate overlay districts of the City of South Burlington set forth in Section 3.01. The Overlay Districts Map 2 is a component of these Land Development Regulations. C. City Center Form Based Code. Primary and Secondary Streets, and Block Standard Applicability Map. This map shows the applicable Transect zone, primary and secondary streets, and block standard applicability within the City Center Form Based Code (Article 8). D. Natural Resources Map. The Natural Resources Map identifies Hazards and Level II Resources, where mapping exists, that are subject to the restrictions set forth in Article 12 of these regulations where mapping exists. Delineations of boundaries of each resource are established within the applicable Article 12 Section. E. Habitat Block and Habitat Connector Overlay Districts Map. The Habitat Blocks and Connectors Overlay District Map designates and establishes the boundaries of Habitat Block and Habitat Connector Overlay Districts that are subject to the standards and restrictions set forth in Sections 12.04 and 12.05 of these regulations. F. [Reserved]. G. Official Map. The Official Map of the City of South Burlington is adopted pursuant to subsection 3 of section 4401, Title 24 VSA Chapter 117, as amended, filed in the office of the City Clerk, and incorporated herein by reference. 3.03 District Boundaries A. Interpretation of District Boundaries. Page 57 of 346 GENERAL PROVISIONS ARTICLE 3 South Burlington Land Development Regulations (1) Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the Planning Commission shall determine the location, aided by the rules set forth in this section. (2) Boundaries indicated as approximately following the center lines of streets or highways shall be construed to follow such center lines. (3) Boundaries indicated as approximately following platted lot lines shall be construed to follow such lot lines. (4) Boundaries indicated as following railroad lines shall be construed to follow the center line of the railroad right-of-way. (5) Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the event of change in the shore line such boundaries shall be construed as moving with the actual shore line. (a) Boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines. (b) Boundaries indicated as parallel to or extensions of features indicated in subsections 1 through 4 above shall be so construed. Distances not specifically indicated on the Official Zoning Map or described under each zone shall be determined by the scale of the map. B. Interpretation by Planning Commission. Where physical or cultural features existing on the ground are inconsistent with those shown on the Official Zoning Map, or in other circumstances not covered by subsections 1 through 7 above, the Planning Commission shall interpret the district boundaries. C. Split Lots. Where a district boundary line divides a lot which was in a single ownership at the time of passage of these regulations, the Development Review Board may permit, as a conditional use, the extension of the regulations for either portion of the lot but not to exceed fifty (50) feet beyond the district line into the remaining portion of the lot (See Article 14 for Conditional Use Review). This provision shall not apply to the boundary lines of any overlay or floating district. 3.04 Applicability of Regulations A. Area, Density, and Dimensional Requirements. Except where the text of these Regulations provides otherwise, the size and dimension of lots and yards, lot coverage, and density for all districts, except floating and overlay districts, shall be as shown in Table C-2, Dimensional Standards. B. Minimum Requirements. In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety, and welfare. C. Primacy of Land Development Regulations. Where these regulations impose a greater restriction than imposed or required by other provisions of law or by other laws, rules, regulations, resolutions or ordinances, the provisions of these regulations shall control. Page 58 of 346 ARTICLE 3 GENERAL PROVISIONS South Burlington Land Development Regulations D. Conflict with other Regulations or Private Restrictions. The provisions of these regulations shall not be construed to abrogate or annul the provisions of other ordinances or regulations or to impair private restrictions placed upon property. Where these regulations impose a greater restriction upon land, buildings, or structures than is imposed by any such provision, the restrictions of these regulations shall control. E. Most Recent Amendment in Effect. Any citation of a statute, law, rule, regulation or ordinance contained in these regulations shall be deemed to refer to such statute, law, rule, regulation or ordinance as amended, whether or not such designation is included in the citation. F. Measuring Distance. Unless otherwise specified, all distances shall be measured horizontally. G. Farms, Farm Structures and Silvicultural Practices. These Regulations shall not regulate accepted agricultural and silvicultural practices as defined by the Secretary of Agriculture, Food and Markets, including the construction of farm structures as defined in these Regulations, except that a person shall notify the Department of Planning and Zoning in writing of the intent to build a farm structure and shall abide by setbacks approved by the Secretary of Agriculture, Food and Markets. H. Limitations on Authority. These regulations apply to all proposed land development, except as limited by the provisions of 24 V.S.A. § 4413. For example, Habitat Block and Habitat Connector designations are subject to the limitations in 24 V.S.A § 4413(a) for uses enumerated therein and proposed by entities such as the State of Vermont, the City of South Burlington, the Champlain Water District, or the University of Vermont. This subsection is intended to provide notice of existing limitations on these regulations and is not intended to impose any limitations beyond those already imposed by 24 V.S.A. § 4413. This language is repeated on the Habitat Block and Habitat Connector Overlay District map. I. Undue Adverse Effect. Where the terms Undue Adverse Effect or Undue Adverse Impact are used in these Regulations, the Development Review Board shall apply the test enumerated in Figure 3-0, Determining Undue Adverse Effect: Figure 3-0: Determining Undue Adverse Effect Page 59 of 346 GENERAL PROVISIONS ARTICLE 3 South Burlington Land Development Regulations 3.05 Lots A. Reduction of Lot Size. No lot shall be so reduced in area that the lot size, coverage, setbacks, or other requirements of these regulations shall be smaller than herein prescribed for each district. B. Lots With No Road Frontage. No land development may be permitted on lots which do not have either frontage on a public road or public waters, unless such lots have access to a public road or waters by a permanent easement or right- of-way at least ten (10) feet in width. (1) Required Information. Applications shall include a plan drawn to scale showing boundaries of all properties crossed by and to be served by the proposed private right-of-way, dimensions and grades of the right-of-way, point of access onto a public street, and other information as the Administrative Officer or Development Review Board may require. (2) Conditions of Approval. (a) The Development Review Board may require a right-of way wider than the ten (10) foot minimum if it is to serve more than one (1) lot. (b) The Development Review Board may impose conditions to ensure the maintenance and permanency of a private right-of-way and to insure that a right-of-way will not place a burden on municipal services. (c) For a lot with no frontage, the property line that abuts or is closest to the private right-of-way shall be construed as the front lot line and shall determine the front yard. C. Road Frontage. The following test shall be used by the Development Review Board in all circumstances when the South Burlington Land Development Regulations requires the Development Review Board to determine whether or not a project will have an undue adverse effect. 1. First, the Development Review Board shall determine if a proposed project will have an adverse effect upon the resource, issue and/or facility in question. The Development Review Board shall determine such by responding to the following question: (a) Will the project have a detrimental impact upon the resource, issue and/or facility in question? 2. If it is determined by the Development Review Board that a project will have an adverse effect, the Development Review Board shall then determine if the adverse effect is “undue.” To determine whether or not an adverse effect is undue, the Development Review Board shall respond to the following two questions: (a) Will the project conflict with a clear, written standard in these regulations or the Municipal Plan applicable to the resource, issue or facility in question? (b) Can the detrimental impact be avoided through site or design modifications, or mitigation, or other conditions of approval? The Development Review Board shall conclude that adverse effect is “undue” if the answer to 2(a) is YES OR the answer to 2(b) is NO. Page 60 of 346 ARTICLE 3 GENERAL PROVISIONS South Burlington Land Development Regulations No lot shall be created without a minimum of 30-ft of frontage on a public road unless accessed by permanent easement or ROW and approved under 3.05(B). D. Existing Small Lots. Any lot that is legally subdivided, is in individual and separate and nonaffiliated ownership from surrounding properties, and is in existence on the effective date of these Regulations may be developed for the purposes permitted in the district in which it is located, even though the small lot no longer conforms to the minimum lot size requirements of these Regulations. (1) However, development is prohibited on a lot not served by and able to connect to municipal sewer and water service if either of the following applies: (a) the lot is less than one-tenth acre in area; or (b) the lot has a width or depth dimension of less than 30 feet. E. Corner Lots. In cases where a lot has frontage on two streets, the lot shall be deemed a corner lot and shall have two frontages. In cases where a lot has frontage on a public street and on a private right-of-way, the lot shall be deemed a corner lot and shall have two frontages. 3.06 Existing and Planned Rights-of-Way; Setbacks; and Buffers A. General Provisions. The size and dimensions of setbacks shall be as indicated in Table C-2, Dimensional Standards, unless otherwise provided in these Regulations. B. Arterial and Collector Streets. (1) Existing and Planned Rights-of-Way. Table 3-1 indicates estimated existing and planned street rights- of-way (ROW). For any proposed redevelopment project adjacent to a street in this Table, the relevant front property line shall be measured from the Planned Street ROW. Where the Planned Street ROW exceeds the Existing Street ROW, one half of the difference shall be assigned to each side of the street unless the Development Review Board finds that the street is not centered in its current ROW. Table 3-1:Existing and Planned Streets Rights-of-Way Street Existing Estimated Street ROW (feet) Minimum Planned Street ROW (feet) Airport Drive 66 80 Airport Parkway 66 66 Allen Road 66 66 Dorset Street, north of Swift 66 100 Dorset Street, south of Swift 66 66 Hinesburg Road 66 80 Kennedy Drive 100 100 Kimball Avenue 100 100 Market Street 80 80 Patchen Road 66 66 Shelburne Road 100 100 Page 61 of 346 GENERAL PROVISIONS ARTICLE 3 South Burlington Land Development Regulations Spear Street 66 66 Swift Street 50 66 Williston Road, east of the Hinesburg Road-Patchen Road intersection 66 90 Williston Road, from the Hinesburg- Patchen Road intersection west 66 100 (2) For the arterial and collector streets listed below, minimum front setbacks shall be fifty (50) feet from the edge of the planned street right-of-way. Table 3-2: Streets Requiring a Minimum 50’ setback Street Allen Road Hinesburg Road, south of I-89 Kennedy Drive Spear Street, south of I-189 (3) Planned Arterial and Collector Streets. Planned public arterial and collector streets, as designated by the Development Review Board, shall be subject to the provisions of this Section 3.06 and any frontage requirements. C. Yards Abutting a Planned Street. Yards abutting a right-of-way designated for a planned public street shall have a minimum setback equal to the front setback requirement for the district in which the lot exists, unless the yards abut any of those streets listed in above, in Section 3.06(B)(2) in which case the minimum setback shall be fifty (50) feet from the edge of the planned street right-of-way. D. Setback Calculation. No space which for the purpose of a building or dwelling has been counted or calculated as part of a side, front, or rear setback or open space provision required by these Regulations may be counted or calculated to satisfy or comply with a setback or space requirement of or for any other building. E. Traffic Visibility Across Yards. No shrubbery shall be erected, maintained, or planted on any lot that obstructs or interferes with traffic visibility. In the case of corner lots, such restricted area shall be the triangular area formed by the lot lines along the streets and a line connecting them at points twenty-five (25) feet from the intersection. F. Structures Requiring Setbacks. Except as specifically provided elsewhere in these Regulations, front, side, and rear setback provisions shall apply to all structures, except for fences. G. Reserved H. Front Setback Area Landscaping for Non-Residential Uses. In the case of nonresidential uses, not more than thirty percent (30%) of the area of the required front setback shall be used for driveways and parking and the balance shall be suitably landscaped and maintained in good appearance. Design approaches that that use landscaping elements in the front setback which enhance stormwater infiltration or management are encouraged. No portion of the required front setback shall be used for storage or for any other purpose except as provided in this section. In addition, a continuous strip fifteen (15) feet in width traversed only by driveways and sidewalks shall Page 62 of 346 ARTICLE 3 GENERAL PROVISIONS South Burlington Land Development Regulations be maintained between the street right-of-way line and the balance of the lot, which strip should be landscaped and maintained in good appearance. This provision shall apply also to yards that abut a right- of-way designated for a future street. I. Setback and Buffer Strip Adjacent to Residential District Boundaries. (1) Setback to residential zoning districts. Any new, reconstructed, or expanded principal building located wholly or primarily in a non-residential zoning district shall retain a setback of not less than sixty-five (65) feet from all adjacent residential zoning districts, unless applicable lots are part of a Master Plan or Planned Unit Development. (2) Buffer strip. A buffer strip not less than fifteen (15) feet wide within the sixty-five (65) foot setback in subsection (a) shall be installed and landscaped with dense evergreens, fencing, and/or other plantings as a screen. New external light fixtures shall not ordinarily be permitted within the fifteen (15) foot wide buffer area. (3) The Development Review Board may permit new or expanded nonresidential uses, structures and/or parking areas, and new external light fixtures, within the setback and/or buffer as set forth in (1) or (2) above, and may approve a modification of the width of the required setback and/or landscaped buffer as set forth in (1) above. In doing so the DRB shall find that the proposed lighting, landscaping and/or fencing to be provided adjacent to the boundary of the residential district will provide equivalent screening of the noise, light and visual impacts of the new non-residential use to that which would be provided by the standard setback and buffer requirements in (1) above. However in no case may the required side or rear setback be reduced below the standard requirement for the zoning district in which the non-residential use is located. J. Additional Encroachment into Setback. (1) Subject to DRB Approval. Within the LSN and MSN Districts, encroachment of a structure into a required setback beyond the limitations set forth Appendix C may be approved by the Development Review Board subject to the provisions of Article 14, Conditional Uses, but in no event shall a structure be less than three (3) feet from a side or rear property line or less than five (5) feet from a front property line. No such additional encroachment shall be approved unless the Development Review Board finds that the proposed encroachment will not have an undue adverse effect on: (a) views of adjoining and/or nearby properties or principal buildings located thereon; (b) access to sunlight of adjoining and/or nearby properties; (c) adequate on-site parking; and (d) safety of adjoining and/or nearby property. (2) Processing of a Request. Any request under this section to expand an existing structure, or place a new structure, less than five (5) feet of any property line shall include the submission of survey data prepared by a licensed surveyor showing the location of affected property lines, existing and/or proposed structures, and any other information deemed necessary by the Administrative Officer. K. Front Setback for Front Decks and Porches An open porch or deck that shall not exceed the width of the building face to which the porch or deck is attached and that shall not have a depth greater than 12 feet as measured from the building face, shall have a minimum front setback of 7 feet. Access steps not greater than 5 feet in width may project no more than 5 feet in front of the porch or deck, but in no case shall be located closer than 2 feet from the front property line. Page 63 of 346 GENERAL PROVISIONS ARTICLE 3 South Burlington Land Development Regulations An enclosed porch, or an open porch or deck exceeding 12 feet in depth, shall be considered part of the principal building and subject to standard front setbacks. L. Side Setbacks for attached Dwelling Units. Side setbacks do not apply to lot lines co-existent with shared/party walls between attached dwelling units. 3.07 Height of Structures A. General Provisions. Structures in all districts shall comply with the height standards presented below in this section. The requirements of Table C-2, Dimensional Standards, and of Building Envelope Standards in Article 8, City Center Form Based Code, shall apply. Maximum allowable building heights are illustrated in Figure 3-1, Height of Structures. B. Stories. The requirements of Table C-2, Dimensional Standards, shall apply. (1) Where a roofline story is placed on a building that contains or is planned to contain the maximum permitted number of stories below the roofline, the following conditions shall apply: (a) dormers on such story shall not exceed the height of the roof peak, and (b) the total width of the dormers on any single side does not exceed thirty-three percent (33%) of the horizontal distance of the roof line along that side. Vertical extensions that exceed thirty- three percent (33%) of the horizontal width (i.e., shed dormers) are permitted, but are limited to a maximum height of five (5) feet above the average height of the principal roof structure and shall not exceed fifty percent (50%) of the horizontal width of any side. (2) In the Low Scale Neighborhood (LSN) and Queen City Park districts, the total number of stories for any given structure shall not be more than one (1) greater than that of any principal structure on an abutting lot within the same zoning district, without regard to public rights-of-way. A principal structure on an abutting lot that is more than 150 feet from the subject structure shall be excluded from calculation. (3) In the HSMU, C2, C1-Auto, C1-Air, and C1-LR districts: (a) No building shall be more than 1 story taller than the shortest building on an adjacent lot in the LSN District. However, for each 75’ of separation from said building in the LSN, the proposal building may increase in height by 1 story, up to the allowable maximum height. (b) First story floor-to-floor height shall not exceed 20 feet. Upper stories shall not exceed 14 feet in floor-to-floor height. C. Maximum Height. Except as allowed in this Section 3.07, the requirements of Table C-2, Dimensional Standards, and Article 8, Form Base Code Standards, shall apply. (1) Where a structure has been approved as part of a Master Plan prior to January 9, 2012 with a height greater than that permitted in these Regulations, such approved maximum height shall remain in effect. D. Waiver of Maximum Height Requirements. Page 64 of 346 ARTICLE 3 GENERAL PROVISIONS South Burlington Land Development Regulations (1) Larger Rooftop Apparatus. Larger Rooftop apparatus, as defined under Heights in these Regulations, and steeples for places of worship that are taller than normal height limitations established in Table C-2 above may be approved by the Development Review Board as a conditional use subject to the provisions of Article 14, Conditional Uses. (2) I-A, PR, MU, and AIR Districts. (a) Except within a Planned Unit Development, an applicant may seek approval from the Development Review Board for the height of one or more structures to exceed the limitation set forth in Table C-2 for structures within these zoning districts. Within a Planned Unit Development, the ability of an applicant to seek approval for a structure to exceed the limitation in Table C-2 is established by PUD type. (b) Submittal requirements. Any request for additional height shall be made in writing at the time of application for a Site Plan. The request must include the submittal of a plan(s) showing the elevations and architectural design of the structure, pre-construction grade, post-construction grade, and height of the structure, and any supplemental information the Development Review Board deems necessary in order to render a decision. (c) Standards of Review. (i) Demonstration of Compliance with the Provisions of Section 14.06 and 14.07; and, (ii) Demonstration that the proposed structure will not have an undue adverse effect on scenic views from adjacent public roadways and other public rights-of-way. E. Accessory Structures in All Districts. (1) Accessory structures shall not exceed fifteen (15) feet in height, except that: (a) For industrial uses in non-residential districts, height standards for principal structures shall apply for accessory structures; and, (b) For residential uses, accessory structures up to twenty-five (25) feet in height shall be permitted where the structure is located at least thirty (30) feet from all property lines, the structure has a pitched roof, and the lot on which the structure is proposed is at least one (1) acre in size; and, (2) Accessory structures exceeding the maximum height in subsection (1) above shall require approval by the Development Review Board as a conditional use, pursuant to Article 14, Conditional Use Review. The applicant shall demonstrate to the Board that the accessory structure will be clearly secondary to the principal structure in function and in appearance from the public right-of-way and adjacent properties. Page 65 of 346 GENERAL PROVISIONS ARTICLE 3 South Burlington Land Development Regulations F. Additional Height Requirements. In addition to the requirements of this Section, the following provisions shall govern the heights of structures: (1) 3.12 Alteration of Grade (2) 4.08 (G) Non-complying structures in the QCP District; (3) Article 8, City Center Form Based Code (4) 10.02 Scenic View Protection Overlay; (5) 10.05 Urban Design Overlay District (6) Article 11C: Building Types (7) 13.03 Airport Approach Cones (8) 13.10 [Solar Radiation]; (9) 13.07 Light Poles (10) 13.08 Flag Poles (11) 13.17 Fences (12) Article 15C: Planned Unit Developments (13) 19.03D Maximum Stories, Building Coverage, and Lot Coverage Achievable Through Transferable Development Rights and Inclusionary Zoning. Figure 3-1a: Height of Structures Page 66 of 346 ARTICLE 3 GENERAL PROVISIONS South Burlington Land Development Regulations Figure 3-1b: Height of Structures Figure 3-1c: Height of Structures Illustrations by Adam Davis, architect Page 67 of 346 GENERAL PROVISIONS ARTICLE 3 South Burlington Land Development Regulations 3.08 Temporary Structures and Uses A. General Provisions. Any temporary use of a lot, not approved in connection with the primary use of that property, shall be restricted according to the provisions of this section. This section shall not apply to peddling activities that are regulated through the Ordinance to Regulate Peddling. B. Location of Temporary Uses and Structures. Temporary uses or structures on a lot shall not be placed or conducted in such manner as to obstruct or interfere with vehicle circulation and parking, pedestrian movement, block sidewalks, obstruct crosswalks or damage landscaped areas. C. Temporary Construction Structures. Temporary structures used in conjunction with construction work shall be permitted only during the period that the construction is in progress. D. Temporary Outdoor Storage. Temporary outdoor storage used in conjunction with the principal use or uses on that property shall be permitted for a period up to one month during a calendar year. Permits for temporary outdoor storage shall be issued by the Administrative Officer in accordance with the provisions of this section. E. Temporary Uses Exempt From Review. The following uses are permitted without requiring review under this section provided such uses do not exceed the stated limits of this subsection. Uses which exceed the stated limits shall be considered to be permanent uses and, as such, are restricted by other portions of these regulations. (1) The outdoor storage or parking of one (1) registered recreational vehicle per residential lot by the owner, if not used for residential purposes. In residential districts, from November 1st through April 30th, outdoor storage or parking of recreational vehicles shall only be where an accessory structure on the same lot is permitted One (1) recreational vehicle may be parked in a residential driveway from May 1st through October 31st. (2) Auctions lasting no longer than two (2) days per calendar year. (3) Garage sales totaling no more than 8 (eight) days per calendar year. (4) Outdoor events held by a business, organization, or resident on the same lot for no more than four (4) consecutive days, two (2) times per calendar year. F. Use of Recreational Vehicle as a Temporary Residence. The Development Review Board may authorize the use of a recreational vehicle as a temporary residence for the owner or resident of the principal building on the property as a conditional use. In granting such a use, the Development Review Board shall specify time limits for occupancy. 3.09 Multiple Structures and Uses A. Multiple Principal Buildings. (1) On a single lot of less than two (2) acres, any number of principal buildings of any building type except for small residential building types as governed by subsection (2) below may be permitted on a single Page 68 of 346 ARTICLE 3 GENERAL PROVISIONS South Burlington Land Development Regulations lot without legal subdivision. Subdivision standards and review procedures under Article 15.A shall not apply. (a) Larger lots may be subdivided into lots smaller than two (2) acres and have multiple structures placed on each, but subdivision of the larger lot must comply with all subdivision review requirements and standards. (2) Up to three (3) principal small residential buildings are allowed on a single lot less than two (2) acres. Subdivision standards and review procedures under Article 15.A shall not apply. (a) Small residential building types are single-unit, duplex, divided duplex, townhouse, or small multi-unit buildings. (b) Attached dwelling units in a single structure (divided duplexes, townhouses, and small multi-unit buildings) are a single principal building. This shall not be construed to contradict the definition of a building. (c) Article 13.17 Residential Design Standards shall apply to all buildings. (3) Minimum lot size for a lot with multiple principal buildings shall be the sum of the minimum lot sizes required for each building by building type in Appendix C. (4) The shortest linear distance between buildings shall not be less than the sum of side setbacks required for each building by building type in Appendix C. (5) Principal small residential buildings are prohibited from sharing the same lot with other principal building types. (6) Subdivision of lots larger than two (2) acres into lots smaller than two (2) acres are allowed to place multiple principle structures on each lot smaller than two (2) acres, as compliant with the requirements of this section. (7) Footprint lots are not permitted for any building type. B. Umbrella Approval for Multiple Uses. (1) The Administrative Officer or Development Review Board may approve two (2) or more separate uses in a single principal building or structure in conjunction with site plan, PUD or conditional use approval, provided all of the proposed uses are permitted or duly approved conditional uses in the underlying zoning district and all other applicable standards are met. Such standards may concern trip ends, gross floor area dedicated to uses where applicable, number of restaurant or retail food establishment seats, and other numerical standards related to the provisions of these regulations. This shall be known as an umbrella approval. (2) Where an applicant with umbrella approval proposes a minor change in use, the Administrative Officer may approve the change as an administrative action and grant a zoning permit. The criteria for determining if the change is minor shall include an assessment of projected p.m. peak hour trip ends and other numerical criteria specified in the umbrella approval. If the applicable numerical criteria are the same or fewer than those specified in the umbrella approval, the change may be deemed minor. A change in use deemed not to be minor shall require site plan review. C. Occupancy of Principal Building During Construction of Another Principal Building. In cases where an applicant proposes to construct a new principal building on a lot that already has a principal building and then to remove or demolish the existing building, the applicant may use or occupy the existing building during construction of the new principal building under the following circumstances: Page 69 of 346 GENERAL PROVISIONS ARTICLE 3 South Burlington Land Development Regulations (1) the existing building is legal for occupancy and use (2) the applicant shall construct and occupy the new principal building within one (1) year of issuance of the zoning permit (3) the existing building shall be demolished and removed within one (1) year of the construction and occupancy of the new principal building. (4) the applicant shall provide a suitable bond or other security in accordance with Section 15.15 of these Regulations for the cost of demolishing or removing the existing building. D. Separate Lots Otherwise Required. All combinations of buildings, structures, and uses that do not meet the above conditions shall require separate lots. 3.10 Accessory Structures and Uses A. General Requirements. Customary accessory structures and uses are allowed in all districts, as specifically regulated in that district, under the provisions that follow below. (1) Accessory structures are allowed if the total building coverage and lot coverage for the lot is not exceeded. (2) Accessory structures shall not be placed in the front yard, and they shall not, if placed in a side yard, be located closer to the street than the required front setback of the principal structure. (3) Accessory structures shall be located a minimum of five (5) feet from all side and rear lot lines. (4) On corner lots, accessory structures shall not be located on the side street side between the side street and the required front setback of structures fronting on the side street. (5) On through-lots, accessory structures shall not be located on the front yard facing the street that the majority of principal buildings on the street face, and shall not be located on any other front yard between the street and the required front setback of structures fronting on that street. (6) When an accessory structure is attached to a principal structure, it shall comply in all respects with the requirements of these regulations applicable to the principal structure(s). (7) Accessory structures shall comply with front setback requirements for the principal structure to which they are accessory. (8) Any structure connected to another structure by an open breezeway shall be deemed to be a separate structure. (9) No accessory structure shall be constructed with a cellar or below-grade story. (10) No part of any such accessory structure shall be designed or used for sleeping purposes and no cooking facilities shall be placed or permitted in any part of such accessory structure unless the complementary facilities are accessible for the users of the accessory structure in another building or structure on the same property or such structure is a duly approved as an accessory dwelling unit. Page 70 of 346 ARTICLE 3 GENERAL PROVISIONS South Burlington Land Development Regulations B. Swimming Pools. Swimming pools may be allowed, subject to the following provisions: (1) No pool shall be constructed in front yard. (2) No pool shall be closer than ten feet as measured from water's edge to any side or rear yard lot lines (3) Any lighting in conjunction with the pool shall be so situated that there is no direct glare beyond lot line. (4) Every in-ground swimming pool shall be completely enclosed by a wall, fence, or other substantial structure not less than four (4) feet in height measured on the outside of the enclosure. No openings other than doors and gates with any dimensions greater than four inches shall be permitted therein except that picket fences may be erected or maintained having horizontal spacing between pickets not more than four (4) inches. All gates or door opening through such enclosures shall be equipped with self-closing and self-latching devices capable of remaining securely closed at all times when not in actual use; provided however, that the door of any residence forming any part of the enclosure need not be so equipped. Any self-latching device accessible from the outside of the pool enclosure shall be located at least four (4) feet above the ground or otherwise equally inaccessible to small children. (5) A natural barrier or other protective device approved by the Administrative Officer may be used in place of the above as long as the degree of protection afforded by the substituted devices or structures is not less than the aforementioned protection by the enclosure, gate and latch. All above- ground pools shall bar step access when not in use. C. Attached Garage. A private garage may be constructed as part of a main structure, provided that when so constructed the garage walls shall be regarded as the walls of the main building in applying the applicable front, side, and rear setback requirements of this Article. D. Accessory Retail Uses. Where non-residential uses are permitted in a residential district, uses such as hospitals, clubs, and multi- family buildings over fifty (50) dwelling units, such uses may conduct customary and appropriate retail activities such as gift shops, cafeterias, fitness rooms, and snack shops. Such uses shall be conducted within the principal structure. There shall be no external evidence of retail activity discernible from the outside of the structure. Access to the retail activity shall only be from within the principal structure. E. Accessory Uses in the IC and IO Districts. In the IC-Mixed Industrial Commercial and IO-Industrial Open Space districts, those uses designated ‘P- ACC’ in Table C-2, Table of Uses shall be subject to the following standards and limitations: (1) Such accessory uses shall be located wholly within a permitted principal structure. (2) Access to the accessory use shall only be from within the principal structure. (3) Such uses shall be included in the calculations of required parking, vehicle trip ends, and wastewater allocations through an umbrella permit approval or other DRB approval. (4) The total gross floor area of all such accessory uses shall be limited to ten percent (10%) of the gross floor area of the principal structure. The owner of the building or responsible condominium association shall be responsible for allocation of any such floor area among accessory and principal uses. Page 71 of 346 GENERAL PROVISIONS ARTICLE 3 South Burlington Land Development Regulations (5) No individual accessory use may exceed 3,000 SF in gross floor area except for retail food sales, which shall not exceed 5,000 SF GFA. (6) Other accessory uses that are wholly internal to a principal permitted use (e.g. employee cafeterias, employee fitness rooms, hospital pharmacies) pursuant to this Section shall not require specific approval and shall not be counted towards the ten percent square footage limitation. 3.11 Accessory Dwelling Units A. Permitted Use. One (1) accessory dwelling unit that is clearly subordinate to a single-family dwelling shall be permitted within or appurtenant to a single family dwelling on the same lot, provided there is compliance with all the following. (1) The lot is owner-occupied. (2) The accessory unit does not exceed thirty percent (30%) of the total habitable area of the single- family dwelling or 900 square feet, whichever is greater. (3) Adequate wastewater capacity is available to service the accessory unit, as demonstrated by issuance of a Wastewater Allocation or on-site wastewater permit pursuant to the South Burlington Ordinance Regulating the use of Public and Private Sanitary Sewerage and Stormwater Systems. (4) Regulation of a single-family home with an accessory dwelling unit shall not be more restrictive than the criteria used for a single-family dwelling without an accessory dwelling unit. (5) The Accessory Dwelling Unit and associated coverage shall be included in the computation of building and lot coverage. (6) A zoning permit shall be required for the establishment of an accessory dwelling unit. (7) The criteria for conversion of an existing detached nonresidential building to habitable space for an accessory dwelling unit shall not be more restrictive than the criteria used for a single-family dwelling without an accessory dwelling unit. (8) An accessory dwelling unit may located, in whole or in part, within the required setback to a single- family home if it meets the following criteria: (a) The ADU shall only be situated where an accessory structure on the lot may be placed; (b) The ADU, and any portion thereof, must not exceed 15’ in height; (c) The ADU must not exceed 600 s.f. gross floor area; (d) The principal entry to the ADU must not be oriented to a side or rear lot line; and, (e) The proposed encroachment of the ADU must not have an undue adverse affect on: (i) views of adjoining and/or nearby properties; (ii) access to sunlight of adjoining and/or nearby properties; and, (iii) privacy of adjoining and/or nearby properties. 3.12 Home Occupations Page 72 of 346 ARTICLE 3 GENERAL PROVISIONS South Burlington Land Development Regulations A. General Restrictions. Customary home occupations are permitted as accessory uses in all districts provided that: (1) The use is conducted solely and entirely within the primary dwelling or in an accessory building, and the use is clearly incidental and secondary to the use of the dwelling unit from living purposes. (2) The home occupation shall be owned by the principal occupant of the dwelling in which it is located. In no case may the homeowner or principal occupant rent out the business area of the dwelling. (3) The total space devoted to the home occupation must be located either in the dwelling or an accessory structure. In either case, the total space devoted to the home occupation shall not exceed twenty-five percent (25%) of the ground floor area of the dwelling. (4) There shall be no external display or advertising of goods or services or other external evidence of such use, except for a sign. Such sign shall conform to the City Sign Ordinance. The content of the sign shall be the name and/or address of the home occupation and/or owner of the business. (5) The establishment of such occupation shall not require internal or external alterations or involve construction features not customarily found in dwelling units. (6) The appliances and equipment shall be operated in such a manner that they do not produce and emit beyond the boundaries of the premises on which the use is located, dust, glare, hazard, heat, light, noise, nuisance, odor, radiation, radio or television interference, smoke, or vibration and are in no other manner obnoxious or detrimental to the immediate neighborhood. (7) The use itself is conducted in such a manner and during such hours that it is in no way obnoxious, offensive, or detrimental to the immediate neighborhood. (8) In the case of a music or voice instructor, the office or studio shall be so equipped and used that the sounds therefrom shall not be heard beyond the boundaries of the premises on which the use is located. (9) There are not more than two (2) employees or helpers other than members of the household. (10) Prior to establishing a home occupation, a certificate of occupancy/compliance permit shall be obtained from the Administrative Officer. The Administrative Officer shall issue such permit only if the request is in conformance with the above requirements. (11) In the event that there is more than one home occupation on the premises, all provisions above shall apply as if there were only one home occupation. For example, no more than twenty-five percent (25%) of the ground floor area of the dwelling shall be used, whether by one home occupation or more than one. 3.13 Group Homes and Residential Care Homes A residential care home or group home to be operated under State licensing or registration, serving not more than eight persons who have a handicap or disability as defined in 9 V.S.A. §4501, shall be considered by right to constitute a permitted single-family residential use of property, except that no such home shall be so considered if it is located within 1,000 feet of another existing or permitted such home. 3.14 Registered and Licensed Family Child Care Homes A. Six or Fewer Children. Page 73 of 346 GENERAL PROVISIONS ARTICLE 3 South Burlington Land Development Regulations A registered family child care home serving six or fewer children shall be considered to constitute a permitted single-family residential use of property and shall be subject to the applicable requirements for such uses in each district. B. Up to Six Full-Time Children and Four Part-Time Children A registered family child care home serving no more than six full-time children and four part-time children, as defined in subdivision 33 V.S.A. §4902(3)(A) and these regulations, shall be considered to constitute a permitted use of property in all districts provided that: (1) Prior to establishing the registered child care home, approvals are received from the State of Vermont; (2) The location of the drop-off and pick-up area does not pose an undue risk to the safety of traffic or of the drop-off or pick-up operations. The Administrative Officer may seek a recommendation from the Director of Public Works where safety is in question. C. Licensed Family Child-Care Home A licensed family child care home shall be considered to constitute a permitted use of property in all districts provided that: (1) Prior to establishing the licensed child care home, approvals are received from the State of Vermont; (2) There is sufficient space for the drop-off and pick-up of children on or in front of the property; (3) The location of the drop-off and pick-up area does not pose an undue risk to the safety of traffic or of the drop-off or pick-up operations. The Administrative Officer may seek a recommendation from the Director of Public Works where safety is in question. 3.15 Nonconformities A. General Provisions. These provisions shall apply to all nonconforming uses, structures, lots, and parcels, except within the City Center Form Based Code District. See Article 8 for nonconformities applicable in that District. B. Continuance and Restrictions. (1) Any lawful structure or any lawful use of any structure or land existing at the time of the enactment of these regulations may be continued, although such structure or use does not conform with the provisions of these regulations, provided the conditions in this Section 3.15 are met. (2) A nonconforming use may be continued provided that such structure shall not be enlarged or extended unless the use therein is changed to a conforming use. (3) A nonconforming structure that is devoted to a conforming use may be reconstructed, structurally altered, restored or repaired, in whole or in part, with the provision that the degree of nonconformance shall not be increased. (4) A nonconforming structure, or part thereof, shall be maintained, repaired, or restored to a safe condition as required by the Administrative Officer. (5) A nonconforming structure shall not have its degree of nonconformance increased. Page 74 of 346 ARTICLE 3 GENERAL PROVISIONS South Burlington Land Development Regulations (6) A nonconforming use shall not be extended or enlarged, nor shall it be extended to displace a conforming use, nor shall it be changed to another nonconforming use, nor shall it, if changed to a conforming use, thereafter be changed back to a nonconforming use. (7) Nothing in these Regulations shall be construed to prevent the owner of a multi-tenant building containing one or more nonconforming uses from utilizing a portion of the building for a conforming use, provided there is no expansion or extension of a nonconforming use or uses as part of such a change in use. C. Alterations to Conforming Structures With Nonconforming Use. A conforming structure used by a nonconforming use shall not be reconstructed, structurally altered, restored or repaired to an extent exceeding one hundred percent (100%) of the gross floor area of such structure unless the use of such structure is changed to a conforming use. D. Alterations to Nonconforming Structures. (1) Except as otherwise provided in sub-sections (2) and (3) below, and in Article 4, Section 4.08, Queen City Park District, any nonconforming structure may be altered, including additions to the structure, provided such alteration does not exceed in aggregate cost thirty-five percent (35%) for residential properties and twenty-five percent (25%) for industrial and commercial property of the current assessed value as determined by the City Assessor and in compliance with Section 3.11(B) above. (2) In the event an addition or an expansion to a nonconforming structure is proposed, the addition or expansion itself must conform with the provisions of these regulations (e.g., dimensional requirements such as setbacks, coverage, etc.). E. Alterations to Facades and Exterior Finishes on Nonconforming Structures. Alterations to facades and exterior finishes shall not be subject to the twenty-five percent (25%) or thirty- five percent (35%) limitations described above. F. Damage Nonconforming Structures. (1) Any nonconforming structure damaged by any means to an extent greater than fifty percent (50%) of its current assessed value shall be permitted to be reconstructed only if the future use of the structure and the land on which it is located is in conformity with these regulations. (2) Any nonconforming damaged by any means to an extent less than fifty percent (50%) of its current assessed value, may be rebuilt provided that: (a) The resumption of any nonconforming use (if any) takes place within one (1) year of the time of its interruption. (b) The cost of such reconstruction or structural alteration is less than fifty percent (50%) of said fair market value. (c) The reconstruction or structural alteration is commenced within six (6) months of the date of interruption and completed within eighteen (18) months of the date of interruption. (3) Where such reconstruction or structural alteration can reasonably be accomplished so as to result in greater conformance with these regulations, then the reconstruction or structural alteration shall be so done. (4) No later than six (6) months after a permanent or temporary structure has been damaged, made uninhabitable, or has been abandoned, all scrap, debris, damaged or unsafe materials shall be removed from the site and any remaining excavation, foundation or cellar hole shall be covered over Page 75 of 346 GENERAL PROVISIONS ARTICLE 3 South Burlington Land Development Regulations or filled to the existing grade by the property owner. Upon application by the property owner, the Development Review Board may extend the time to undertake such remedial work as a conditional use. G. Abandonment of Nonconforming Use. (1) No nonconforming use may be resumed if such use has been abandoned for a period of six (6) months or more. (2) A nonconforming use shall be considered abandoned when any of the following conditions exist: (a) When it is replaced by any other use, whether conforming or nonconforming. (b) When the intent of the owner to discontinue the use is apparent. Any one of the following may constitute prima facie evidence of a property owner's intent to abandon a use voluntarily: (i) failure to take necessary steps within six (6) months to resume the nonconforming use with reasonable dispatch in any circumstances, including without limitation failing to advertise the property for sale, rent, lease, or use, (ii) discontinuance of the use for six (6) months, or for a total of eighteen months during any three-year period, or (iii) in the case where the nonconforming use is of land only, discontinuance of the use for one hundred twenty (120) consecutive days or for a total of six (6) months during a one (1) year period. (c) When the characteristic equipment and furnishings have been removed from the premises and have not been replaced by similar equipment and furnishings within six (6) months, except in the event that the structure is damaged. In that case, Section 3.14(F) above shall apply. H. Construction Approved Prior to Regulations. Nothing contained in these regulations shall require any change in plans, construction or designated use of a structure for which a zoning permit has been issued where the construction of such structure shall have been diligently pursued within thirty (30) days of the date of such permit and where such structure shall be completed according to such plans and permit within six (6) months from the effective date of these regulations. I. Unlawful Use Not Approved or Authorized. Nothing in these regulations shall be interpreted as authorization for or approval of the continuance of the use of a structure or land in violation of zoning prior to the effective date of these regulations. J. Unsafe Structures. Nothing in these regulations shall permit the use of any portion of a structure declared unsafe by a proper authority nor the continuation of a condition declared to be a health hazard by an appropriate authority. K. Nonconforming Lots or Parcels. (1) See Section 3.05 for existing small lots. (2) The boundaries of a lot or parcel that is nonconforming for any reason other than for being a pre- existing small lot may be altered only in a manner that decreases its degree of nonconformity. L. Nonconforming Use of Land With No Structure. Where no structure is involved, the nonconforming use of land may be continued, provided that: Page 76 of 346 ARTICLE 3 GENERAL PROVISIONS South Burlington Land Development Regulations (1) Such nonconforming use shall not be enlarged or increased, nor shall it be extended to occupy a greater area of land than occupied by such use at the time of enactment of these Regulations. (2) The lot on which such nonconforming use is located shall not be reduced in size. (3) Such nonconforming use shall not be moved, in whole or in part, to any other portion of the lot or parcel of land occupied by such use at the time of enactment of these Regulations. (4) If such nonconforming use of land or any portion thereof ceases for any reason whatsoever for one hundred twenty (120) consecutive days or for a total of six (6) months in a one year period, any future use of such land shall be in compliance with all provisions of these Regulations. 3.16 General Performance and Maintenance Standards A. Purpose of Performance Standards. Consistent with the general purposes of these regulations, performance standards (see Appendix A) shall set specific controls on potentially objectionable external aspects of such non-residential uses so as to: (1) Reduce to a reasonable minimum the dissemination of smoke, gas, dust, odor, or other atmospheric pollutant outside the structure or beyond the property boundaries in which the use is conducted. (2) Control noise and light trespass beyond the boundaries of the site of the use. (3) Prevent the discharge of untreated wastes into any watercourse or waterbody. (4) Prevent the dissemination of vibration, heat, or electromagnetic interference beyond the immediate site on which the site is located. (5) Prevent physical hazard by reason of biohazard, fire, explosion, radiation, or any similar cause. (6) Regulate and control the generation and flow of vehicular traffic so as to prevent hazardous conditions, traffic congestion, and excessive noise in the streets. B. Hazardous Conditions Prohibited. No land or structure in any district shall be used or occupied in any manner so as to cause hazardous or objectionable conditions to exist or to in any way endanger users of the site or the surrounding area. Such hazardous or objectionable conditions include but are not limited to dangerous, injurious, noxious or otherwise objectionable biohazard, fire, explosive, or other hazard; or to create any noise, vibration, smoke, dust, odor, air pollution, heat, cold, dampness, electromagnetic or radioactive radiation, glare, toxicity or other hazardous or objectionable condition on the site or in the surrounding area. C. Performance Standards. The use of any substance or process so as to create any hazardous or objectionable condition on the site or in the surrounding area shall be prohibited except at levels in conformance with the requirements of this section and the performance standards listed in Appendix A, Performance Standards. D. Review of Performance Standards. (1) The Administrative Officer shall withhold a zoning permit or certificate of occupancy until satisfied that the proposed construction or use will comply with the performance standards in Appendix A, Performance Standards. (2) Continued performance with such standards, once applicable, shall be a requirement for the continuance of any certificate of occupancy. Page 77 of 346 GENERAL PROVISIONS ARTICLE 3 South Burlington Land Development Regulations (3) Furthermore, the Administrative Officer, upon determination at any time that a use is exceeding or may exceed performance standards or will in any way create potentially hazardous conditions shall require an application for conditional use review under the requirements of Article 14, Conditional Use Review and this section. E. Required Information. Evidence of application for state and/or federal permits for the handling of potentially hazardous conditions, and/or the following information, at minimum, may be required for determination of compliance with performance standards or for conditional use review of potentially hazardous conditions: (1) Description of proposed machinery, operations, and products. (2) Amount and nature of materials to be used. (3) Mechanisms and techniques to be used in restricting the emission of any hazardous and objectionable elements, as well as projected or actual emission levels. (4) Method of delivery and disposal or recycling of any hazardous elements. (5) Other information as may be necessary. F. Conditions of Approval. The Development Review Board, in granting conditional use approval, may condition an approval to require evidence of the issuance of applicable state and/or federal permits for the handling of hazardous conditions prior to the issuance of a zoning permit, and may also impose conditions on the following: (1) Size and construction of structures, quantities of materials, storage locations, handling of materials, and hours of operation. (2) Warning systems, fire controls and other safeguards. (3) Provision for continuous monitoring and reporting. (4) Other restrictions as may be necessary to protect public health and safety. 3.17 Reasonable Accommodation to Ensure Reasonable Access to Housing A. Policy. It is the policy of the City of South Burlington, pursuant to the federal Fair Housing Amendments Act of 1988 and the Vermont Fair Housing and Public Accommodations Act, to provide individuals with disabilities reasonable accommodation to ensure equal access to housing. This section establishes the procedure for making requests for reasonable accommodation under these Land Development Regulations. As used herein, “disability” shall have the same meaning as ascribed to the term disability under 9 V.S.A §4501(2) and the term handicap under 42 U.S.C. §3602(h). B. Request for Reasonable Accommodation. Any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities may make a request for reasonable accommodation. A request for reasonable accommodation shall be in writing and provide the following information: (1) Name and address of the individual(s) requesting reasonable accommodation; (2) Name and address of the property owner(s); Page 78 of 346 ARTICLE 3 GENERAL PROVISIONS South Burlington Land Development Regulations (3) Address of the property for which accommodation is requested; (4) Description of the requested accommodation and the section of the regulation for which accommodation is sought; and (5) Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling. While a request for reasonable accommodation is pending, all regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect. A reasonable accommodation shall not affect an applicant’s obligations to comply with other applicable provisions of these regulations not at issue in the requested accommodation. C. Review. A request for reasonable accommodation shall be reviewed by the Administrative Officer or Development Review Board, as set forth in these Regulations by type of review. The decision to grant, grant with conditions, or disapprove a request for reasonable accommodation shall be based on the following factors: (1) Whether the housing which is the subject of the request for reasonable accommodation will be used by an individual with a disability; (2) Whether the requested accommodation is necessary to afford an individual with a disability equal opportunity to use and enjoy housing of his or her choice; (3) Whether the requested accommodation would require a fundamental alteration in the nature of these Land Development Regulations, and; (4) Whether the requested accommodation would impose an undue financial or administrative burden on the City. The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the Administrative Officer or Board’s findings on these criteria. All written decisions shall give notice of an interested person’s right to appeal the Administrative Officer’s decision to the Development Review Board under section 17.13, or the Development Review Board’s decision to the Environmental Court under 24 V.S.A. 4471. 3.18 Residential and Commercial Building Energy Standards A. Applicability. This section shall apply to the receipt of a zoning permit for the construction and subsequent alteration of all new principal buildings beginning December 1, 2015, or the date that Section 3.18 becomes effective, whichever is later. B. Residential Building Energy Standards (RBES); Stretch Code and Electric Vehicle Charging (1) Stretch Code. Residential buildings, as defined by 30 V.S.A. § 51(a)(2), that are principal building, shall comply with the Stretch Code, as defined by 30 V.S.A. § 53(a). Such buildings for which the RBES Certificate certifying compliance with the Stretch Code is not recorded in the South Burlington Land Records shall be deemed land development without a zoning permit in violation of these Regulations. Page 79 of 346 GENERAL PROVISIONS ARTICLE 3 South Burlington Land Development Regulations (2) Electric Vehicle Charging. All parking spaces associated with residential buildings or units subject to the RBES standards shall be built to EV-ready standards, whenever EV-capable standards are required by the RBES. This requirement shall include underground, garage, or otherwise sheltered parking. C. Commercial Building Energy Standards (CBES). (1) Stretch Code or Guideline. Commercial buildings, as defined by 30 V.S.A. § 53(a), that are principal buildings, shall comply with the Commercial Building Energy Standards Stretch Code Guideline, as prepared and revised by the Vermont Public Service Department. If no such Guideline exists, it shall not be applied. Such buildings for which the CBES Certificate certifying compliance with the CBES and Guideline is not recorded in the South Burlington Local Records shall be deemed land development without a zoning permit in violation of these Regulations. (2) Solar-Ready Zone. New buildings subject to this Section for which a complete application is submitted following the date these Regulations become effective, shall be required to meet the standards of C402.5 Solar-Ready Zone of the Commercial Building Energy Standards as prepared and revised by the Vermont Department of Public Service. (3) Electric Vehicle Charging. All parking spaces associated with new buildings or new dwelling units subject to the CBES standards shall be built to EV-Ready standards, whenever EV-Capable Space standards are required by the CBES. This requirement applies to all parking facilities associated with such buildings, regardless of the number of parking spaces provided. Substitution of Level 3 chargers for EVSE shall not reduce the number of EVSE parking spaces at a building subject to CBES by more than 50% of the number required for compliance. 3.19 On-Site Solar Photovoltaic Systems A. Purpose. It is the purpose of this section to implement renewable energy objectives of the City’s Comprehensive Plan and Climate Action Plan by providing for the installation of on-site solar photovoltaic, or other renewable energy generation, on new buildings in concert with Solar-Ready Zone definitions established by the Vermont Commercial Building Energy Standards (CBES). B. Applicability and Standard. This section shall apply to the receipt of a zoning permit for the construction and subsequent alteration of any building that, beginning May 11, 2023 is required by these regulations and/or the CBES, as amended from time to time, to establish a “solar-ready zone”. For any such building required to establish a solar- ready zone, there shall be installed a solar photovoltaic (“Solar PV”) system designed to maximize the use of the area of the Solar-Ready Zone employing typical Solar PV panel configurations, provided that (1) The requirement set forth herein shall be reduced to the extent: (a) The interconnection with the relevant utility cannot accommodate (i.e., due to limited plant capacity) a Solar PV system designed to maximize the use of the area of the Solar-Ready Zone employing typical Solar PV panel configurations, or (b) The Solar PV system is anticipated to generate in its first year of operation more kilowatt hours (kWh) than the “Expected Building Usage.” Page 80 of 346 ARTICLE 3 GENERAL PROVISIONS South Burlington Land Development Regulations (i) The kWh that a Solar PV system is anticipated to generate shall be estimated based on the building site conditions by applying the “PVWatts Calculator” published by the National Renewable Energy Laboratory, or an equivalent or successor calculator. (ii) The “Expected Building Usage” shall be an estimate of the number of kWhs the building is expected to consume during its first full year of typical operation, based on building type and uses, building technology, devices and appliances in the Northeastern U.S. (such as the “Baseline Energy Calculator” tool of the Office of Energy Efficiency and Renewable Energy, U.S. Department of Energy). (2) The requirement set forth herein shall be eliminated if the Solar PV system design that maximizes the use of the area of the Solar-Ready Zone employing typical Solar PV panel configurations is anticipated to generate less than 3,000 kWh of electricity in the first year of the building’s operation as calculated above. (3) It is not the intent of this section to require that a Solar PV system interconnect with an electric utility or to require installation of a net metering system. (4) Where a permanently-installed, on-site renewable energy system, as defined within the CBES, is provided in lieu of a Solar-Ready Zone, the applicant shall demonstrate that said system will generate a number of kWh that is equivalent to the number of kWh a Solar PV system is estimated to generate if a Solar-Ready Zone were established. C. Submission Requirements: The application for a zoning permit shall include: (1) Certification by a qualified professional of the Expected Building Usage and of the anticipated kWh generation of the Solar PV system, and (2) As applicable, a written statement from the relevant utility or other evidence sufficient to determine the extent to which the requirement for a Solar PV system is reduced under Subsection B (1-2). Page 81 of 346 ARTICLE 4 RESIDENTIAL DISTRICTS South Burlington Land Development Regulations 4 RESIDENTIAL DISTRICTS 4.01 Low-Scale Neighborhood (LSN) District 4.02 Medium-Scale Neighborhood District 4.03 Queen City Park District: QCP 4.01 Low-Scale Neighborhood (LSN) District A. Purpose. Low-Scale Neighborhood (LSN) District encourages primarily residential use in smaller building types (single-family, duplex, and small-multifamily homes) within existing neighborhoods and on underdeveloped land in or adjacent to those neighborhoods. Specified commercial and other non- residential uses are encouraged within the district in locations that have direct access to arterial and collector streets and with siting and design standards to ensure compatibility with residential properties to support the future thriving of walkable and bikeable neighborhood. Thoughtful public spaces oriented to neighborhood use well connected to the neighborhood are also a high priority. B. Permitted and Conditional Uses. (1) Those uses indicated as permitted and conditional in Table C-1, Table of Uses, and accessory uses to those uses, subject to the following standards specific to the LSN district: (a) Commercial uses and places of worship shall not be permitted on local streets within the LSN district, except for Limited Neighborhood Commercial Uses and places of worship located at the intersection of a collector or arterial street. (2) Any use not expressly allowed as a permitted or conditional use is prohibited. C. Area, Density, and Dimensional Requirements. In the LSN District, all requirements of this Section 4.01 and Table C-2, Dimensional Standards, shall apply, except as provided for via applicable PUD type under Article 15.C or as modified by use of Inclusionary Zoning under Article 18. 4.02 Medium-Scale Neighborhood District A. Purpose. The Medium-Scale Neighborhood (MSN) District encourages medium-scale primarily residential use and neighborhood-scale commercial uses to support the neighborhood. The district is located in areas that are near mixed use areas, schools, and public transportation facilities and that are served by roads capable of carrying high traffic volumes. Neighborhood-scale offices and specified other commercial and non- residential uses may be permitted within the district in locations that have direct access to arterial and collector streets and with siting and design standards to ensure compatibility with residential properties to support the future thriving of walkable and bikeable neighborhood. Thoughtful public spaces oriented to neighborhood use well connected to the neighborhood are also a high priority. B. Permitted and Conditional Uses. (1) Those uses indicated as permitted and conditional in Table C-1, Table of Uses, and accessory uses to those uses, subject to the following standards specific to the MSN district: Page 82 of 346 RESIDENTIAL DISTRICTS ARTICLE 4 South Burlington Land Development Regulations (a) Commercial uses and places of worship shall not be permitted on local streets within the MSN district, except for Limited Neighborhood Commercial Uses and places of worship located at the intersection of a collector or arterial street. (2) Any use not expressly allowed as a permitted or conditional use is prohibited. C. Area, Density, and Dimensional Requirements. In the MSN District all requirements of this Section 4.02 and Table C-2, Dimensional Standards, shall apply, except as provided for via applicable PUD type under Article 15.C or as modified by use of Inclusionary Zoning under Article 18. 4.03 Queen City Park District: QCP A. Purpose. The Queen City Park District (QCP) encourages residential use at densities and setbacks that are compatible with the existing character of the Queen City Park neighborhood. It is designed to promote the area's historic development pattern of smaller lots and reduced setbacks. This district also encourages the conversion of seasonal homes to year-round residences. B. Permitted and Conditional Uses. Those uses indicated as permitted and conditional in Table C-1, Table of Uses, and accessory uses to those uses. Any use not expressly allowed as a permitted or conditional use is prohibited. C. Area, Density, and Dimensional Requirements. In the Queen City Park District all requirements of this Section 4.03 and Table C-2, Dimensional Standards shall apply except as modified by use of Inclusionary Zoning under Article 18. D. Nonconforming Structures. Structures in the Queen City Park District shall be subject to the provisions of Article 3, Section 3.15, nonconformities, and to the following requirements and restrictions: (1) Any nonconforming structure may be altered provided such work does not: (a) Exceed in aggregate cost thirty-five percent (35%) for residential properties and twenty-five percent (25%) for nonresidential properties of the fair market value as determined by the City Assessor or by a separate independent appraisal approved by the Administrative Officer; or (b) Involve an increase to the structure's height or footprint, or otherwise involve an increase to the square footage of the building or structure. (2) The Development Review Board may approve any alteration which exceeds the thirty-five and twenty-five percent rule described above or which involves an increase to the structure's height, footprint or square footage subject to the provisions of Article 14, Conditional Use Review. (3) The Development Review Board shall determine that the proposed alteration or expansion will not adversely affect: (a) Views of adjoining and/or nearby properties; (b) Access to sunlight of adjoining and/or nearby properties; and (c) Adequate on-site parking. Page 83 of 346 ARTICLE 5 COMMERCIAL DISTRICTS South Burlington Land Development Regulations 5 COMMERCIAL DISTRICTS 5.01 Higher-Scale Mixed-Use 5.02 Commercial 1 With Automobile Sales District: C1-AUTO 5.03 Commercial 1 District With Airport Uses: C1-AIR 5.04 Commerical 1 – Limited Retail 5.05 Commercial 2 District: C2 5.01 Higher-Scale Mixed-Use (HSMU) A. Purpose. The Higher-Scale Mixed Use (HSMU) District encourages higher-intensity residential, retail, office, and vertically-mixed uses to serve or enhance a compact central business area. Other uses compatible with nearby access to a central business area, including clustered residential development and small industrial employers, may be permitted. Warehouses, major industrial employers, and incompatible industrial uses shall not be permitted. Urban design supporting a transition for these areas from a suburban environment to compact centers is encouraged. B. Permitted and Conditional Uses. Those uses indicated as permitted and conditional in Table C-1, Table of Uses, and accessory uses to those uses, except as provided for via applicable PUD type under Article 15.C. C. Area, Density, and Dimensional Requirements. In the HSMU District, area, density, and dimensional requirements shall be those shown in Table C-2, Dimensional Standards, except as provided for via applicable PUD type under Article 15.C or as modified by use of Inclusionary Zoning under Article 18 or Transferable Development Rights under Article 19. D. Additional Standards. (1) Educational facilities and educational support facilities for higher education (post-K12) in the HSMU district shall be subject to the dimensional standards and requirements of the Institutional- Agricultural North district. 5.02 Commercial 1 With Automobile Sales District: C1-AUTO A. Purpose. The C1-AUTO District shares the higher-scale and commercial purposes and functions of the HSMU District while allowing the continued operation and improvement of automobile sales and service facilities in consolidated locations. B. Permitted and Conditional Uses. In the C1-AUTO District, permitted principal and conditional uses shall be those shown in Table C-1, Table of Uses, except as provided for via applicable PUD type under Article 15.C C. Area, Density, and Dimensional Requirements. Page 84 of 346 COMMERCIAL DISTRICTS ARTICLE 5 South Burlington Land Development Regulations In the Commercial 1-AUTO District, area, density, and dimensional requirements shall be those shown in Table C-2, Dimensional Standards, except as provided for via applicable PUD type under Article 15.C or as modified by use of Inclusionary Zoning under Article 18 or Transferable Development Rights under Article 19. 5.03 Commercial 1 District With Airport Uses: C1-AIR A. Purpose. The Commercial 1 with Airport Uses District (C1-AIR) recognizes the existence of airport-related support services and businesses and encourages their location in close proximity to the Leahy Burlington International Airport. B. Uses. In the C1-AIR District, principal permitted uses and conditional uses shall be those shown in Table C-1, Table of Uses, except as provided for via applicable PUD type under Article 15.C. C. Area, Density, and Dimensional Requirements. In the C1-AIR District, area, density, and dimensional requirements shall be those shown in Table C-2, Dimensional Standards, except as provided for via applicable PUD type under Article 15.C or as modified by use of Inclusionary Zoning under Article 18 or Transferable Development Rights under Article 19. 5.04 Commercial 1 with Limited Retail: C1-LR A. Purpose. A Commercial 1 with Limited Retail (C1-LR) District is hereby formed in order to encourage the location of general retail at specific intersections in the city, to serve nearby residential areas. These commercial areas are intended to serve the convenience shopping needs of local residents and employees. Their location and design are intended to make them accessible both by motorized vehicle and by foot, thereby somewhat reducing traffic volume in the immediate vicinity. In these areas, businesses offering goods and services will be limited in allowed floor area and use. Such regulations generally follow existing Commercial 1 District regulations. Any uses not expressly permitted are prohibited, except those that are allowed as conditional uses. B. Permitted and Conditional Uses. In the C1-LR District, permitted principal uses and conditional uses shall be those shown in Table C-1, Table of Uses, except as provided for via applicable PUD type under Article 15.C. C. Area, Density, and Dimensional Requirements. In the C1-LR District, area, density, and dimensional requirements shall be those shown in Table C-2, Dimensional Standards, except as provided for via applicable PUD type under Article 15C or as modified by use of Inclusionary Zoning under Article 18 or Transferable Development Rights under Article 19. 5.05 Commercial 2 District: C2 A. Purpose. Page 85 of 346 ARTICLE 5 COMMERCIAL DISTRICTS South Burlington Land Development Regulations A Commercial 2 (C2) District is hereby formed in order to encourage general commercial activity. In addition to uses permitted in the HSMU District, large lot-retail uses, such as sale of motor vehicles and building materials, may be permitted. A range of industrial uses as well as clustered residential development may be permitted in locations that are mutually compatible with general commercial activity. B. Permitted and Conditional Uses. In the C2 District, principal permitted uses and conditional uses shall be those shown in Table C-1, Table of Uses, except as provided for via applicable PUD type under Article 15.C. C. Area, Density, and Dimensional Requirements. In the C2 District, area, density, and dimensional requirements shall be those shown in Table C-2, Dimensional Standards, except as provided for via applicable PUD type under Article 15.C or as modified by use of Inclusionary Zoning under Article 18 or Transferable Development Rights under Article 19. Page 86 of 346 INDUSTRIAL AND AIRPORT DISTRICTS ARTICLE 6 South Burlington Land Development Regulations 6 INDUSTRIAL AND AIRPORT DISTRICTS 6.01 Mixed Industrial-Commercial District: IC 6.02 Airport District: AIR 6.03 Industrial-Open Space District: IO 6.01 Mixed Industrial-Commercial District: IC A. Purpose. The Mixed Industrial-Commercial (IC) District encourages general industrial and commercial activity served by major arterial roadways and Leahy Burlington International Airport. The Mixed Industrial- Commercial district encourages development of a wide range of commercial, industrial, and office uses compatible with the City’s economic development policies in locations compatible with industrial activity. Major retail uses, such as supermarkets and shopping centers shall not be permitted. B. Permitted and Condition Uses. In the IC District, principal permitted uses and conditional uses shall be those shown in Table C-1, Table of Uses. C. Area, Density, and Dimensional Requirements. In the IC district, area, density, and dimensional requirements shall be those shown in Table C-2, Dimensional Standards, except as provided for via applicable PUD type under Article 15.C or as modified by use of Transferable Development Rights under Article 19. 6.02 Airport District: AIR A. Purpose. The Airport District facilitates the development and operation of Leahy Burlington International Airport, the Vermont Air National Guard, and associated facilities. The Airport District also provides sufficient land area adjacent to the Airport for airport-related uses, support facilities, and commercial activities that may be incompatible with general residential or commercial uses. The standards and regulations for the Airport District recognize the importance of these facilities and uses to local and regional economies, while providing standards for review and development that improve the compatibility of these uses with surrounding residential and commercial uses B. Permitted and Conditional Uses. In the AIR District, principal permitted uses and conditional uses shall be those shown in Table C-1, Table of Uses. C. Area, Density, and Dimensional Requirements. In the AIR district, area, density, and dimensional requirements shall be those shown in Table C-2, Dimensional Standards , except as provided for via applicable PUD type under Article 15.C. D. Additional Standards. Page 87 of 346 South Burlington Land Development Regulations (1) All applications for development within the AIR District involving new or expanded buildings or structures shall comply with the requirements of Section 13.03, Airport Approach Cones. 6.03 Industrial-Open Space District: IO A. Purpose. The Industrial-Open Space (IO) District is established to provide suitable locations for high-quality, large- lot office, light industrial and research uses in areas of the City with access to arterial routes and Burlington International Airport. The IO District regulations and standards are intended to allow high-quality planned developments that preserve the generally open character of the district, minimize impacts on natural resources and water quality, and enhance the visual quality of approaches to the City while providing suitable locations for employment and business growth. The location and architectural design of buildings in a manner that preserves these qualities is strongly encouraged. B. Permitted and Conditional Uses. In the IO District, principal permitted uses and conditional uses shall be those shown in Table C-1, Table of Uses. C. Area, Density, and Dimensional Requirements. In the IO district, area, density, and dimensional requirements shall be those shown in, Table C-2, Dimensional Standards , except as provided for via applicable PUD type under Article 15.C or as modified by use of Transferable Development Rights under Article 19. Page 88 of 346 ARTICLE 7 OTHER DISTRICTS South Burlington Land Development Regulations 7 OTHER DISTRICTS 7.01 Institutional and Agricultural District: IA 7.02 Park and Recreation District: PR 7.03 Municipal District: MU 7.01 Institutional and Agricultural District: IA A. Purpose. The Institutional and Agricultural (IA) District provides for the educational, conservation, research and agricultural operations of the University of Vermont within South Burlington. The Institutional and Agricultural District also integrates University-related uses into the City's overall land use pattern by promoting a beneficial pattern of access, circulation, landscaping, and pedestrian connections between University properties and adjacent neighborhoods. The more intensive nature of the University’s properties adjacent to the main campus along Williston Road and the more open, undeveloped character of the properties farther south of the main campus along Spear and Swift Street are also recognized in these land development regulations. To implement these objectives, properties within the Institutional-Agricultural District are designated as Institutional-Agricultural North (“IA-NORTH”) or Institutional-Agricultural South (“IA-SOUTH”) on the South Burlington Zoning Map and references are made herein to IA-NORTH and IA-SOUTH properties. Any uses not expressly permitted are prohibited, except those uses allowed as conditional uses. B. Permitted and Conditional Uses. In the Institutional and Agricultural District, principal permitted uses and conditional uses shall be those shown in Table C-1, Table of Uses. C. Area, Density and Dimensional Requirements. In the Institutional-Agricultural District, all requirements of this Section 7.01 and Table C-2, Dimensional Standards shall apply. D. Additional Standards. All applications within this District shall be subject to the following additional standards: (1) For properties in the Institutional-Agricultural district west of Spear Street and north of Quarry Hill Road, an undeveloped area shall be maintained for a minimum of sixty-five (65) feet between the boundary of any adjacent residential zoning district and any new non-residential structure. The DRB may require landscaping or other suitable screening in accordance with the provisions of Section 3.06 of these Regulations to ensure adequate buffering between new non-residential structures and adjacent residential districts. (2) For all other properties in the Institutional-Agricultural district, an undeveloped area shall be maintained for a minimum of one hundred (100) feet between the boundary of any adjacent residential zoning district. The yard shall be kept free of buildings, structures, parking lots and facilities, and access drives other than those required to cross through the required yard. The DRB may require landscaping or other suitable screening in accordance with the provisions of Section 3.06 of these Regulations to ensure adequate buffering between new non-residential structures and adjacent residential districts. Page 89 of 346 OTHER DISTRICTS ARTICLE 7 South Burlington Land Development Regulations (3) Educational facilities and educational support facilities in the HSMU district shall be subject to the dimensional standards and requirements of the Institutional-Agricultural North district. (4) Educational Support Facility. Any Educational Support Facility shall be designed and intended to function as a complement to the intended educational use of the property. Educational Support Facilities are only allowed as auxiliary and accessory to post-secondary educational facilities. Such uses shall be secondary to the principal educational use of the property and shall be intended to principally serve students, faculty, and staff of the educational use. 7.02 Park and Recreation District: PR A. Purpose. A Park and Recreation District is hereby formed in order to provide for the recreational needs of the City's residents, to provide a balance between developed recreation areas and natural recreation areas, to integrate private parks into the recreation system, and to make recreation areas accessible to all residents regardless of physical ability. B. Permitted and Conditional Uses. In the Parks and Recreation District, principal permitted uses and conditional uses shall be those shown in Table C-1, Table of Uses. C. Area, Density and Dimensional Requirements. In the Park and Recreation District, all requirements of this Section 7.02 and Table C-2, Dimensional Standards shall apply. D. Additional Standards. All applications within this District shall be subject to the following additional standards: (1) The proposed use will provide an affirmative public benefit to the City and its citizens. (2) The proposed use will be compatible with and protect the ability to preserve public recreational use and planned open spaces and natural areas on the project site. (3) The proposed use will include areas that may be used or accessed by the general public. 7.03 Municipal District: MU A. Purpose. A Municipal District is hereby formed to provide for public schools, municipal services including but not limited to administration, police, fire, water, street, and sewer services, landfills, operations of other municipal corporations as set forth in 24 VSA [municipal corporations such as CSWD], and other municipal uses, excluding public recreation. B. Permitted and Conditional Uses. In the Municipal District, principal permitted uses and conditional uses shall be those shown in Table C-1, Table of Uses. C. Area, Density and Dimensional Requirements. Page 90 of 346 ARTICLE 7 OTHER DISTRICTS South Burlington Land Development Regulations In the Municipal District, all requirements of this Section 7.03 and Table C-2, Dimensional Standards shall apply. D. Additional Standards. All applications within this District shall be subject to the following additional standards (1) The proposed use will provide an affirmative public benefit to the City and its citizens. (2) The proposed use will be compatible with and protect the ability to preserve public recreational use and planned open spaces and natural areas on the project site. Page 91 of 346 ARTICLE 8 CITY CENTER FORM-BASED HOME DISTRICT CODE South Burlington Land Development Regulations 8 CITY CENTER FORM-BASED CODE DISTRICT 8.01 Purpose 8.02 Applicability 8.03 Land Development and Building Placement 8.04 Blocks, Streets, and Alleys 8.05 Parking 8.06 Special Standards 8.07 Prohibited Materials 8.08 Open Space Requirements 8.09 Uses Allowed and Changes of Use 8.10 Review Procedures 8.11 Nonconformities 8.01 Purpose A. Purpose. The City Center Form-Based Code (FBC) District is a standalone zoning district with boundaries established on the Official Zoning Map, and has specific rules and standards set forth below which apply solely in the City Center Form-Based Codes District. The FBC District implements a form-based zoning regulation applicable to the City Center (either the ”Code” or the “FBC”) which encourages sustainable retail, commercial and mixed use development of open land, redevelopment of existing mixed use land and preservation and improvement of residential areas through pedestrian and bicycle connectivity. The FBC District (this article) is designed to maintain and foster improvement to the FBC District’s existing structures and encourage new development and infrastructure that incorporates planned transportation corridors with walking and bicycling coincidental with the automobile. This District aims to preserve the existing residential fabric while stimulating new mixed use growth that facilitates a safe and economically self-sustaining place to live and work. Future development within the City Center FBC District and its Transect Zones shall be of a form of built environment that creates and protects development patterns that are compact, pedestrian oriented and mixed use. Available parking will be a mix of parallel and diagonal on-street and screened off- street. Adequate space for walking, interconnectedness of neighborhoods and convenient parking areas will characterize the district so that there will be a mix of uses within walking distance of dwellings and parking. Solely for illustrative purposes, photographs or real world examples of the Building Type options for the City Center FBC District are available in “The Illustrative Guide to the Building Types allowed in each Transect Zone of the City Center Form-Based Code District.” 8.02 Applicability A. City Center Form-Based Code District and Form-Based Code. The City Center FBC District is allocated among different areas, known as Transect Zones, to reflect the different nature and densities of existing and anticipated development. The City Center FBC District Transect Zones are named T-5, T-4, T-3, T-3+ and T-1 and are shown on the Zoning Map. Each Transect Page 92 of 346 CITY CENTER FORM-BASED HOME DISTRICT CODE ARTICLE 8 South Burlington Land Development Regulations Zone is governed by its respective Building Envelope Standards (BES), attached hereto in Sections 8.12 – 8.14 hereof, and Street Type, attached hereto in Article 11. The Zoning Map, Building Envelope Standards and Street Types are binding within the City Center Form-Based Code (FBC) District and are made a part hereof. (1) The T1 Transect Zone depicts River Corridor, wetland, and wetland buffer areas on the Official Zoning Map. River Corridor, wetland, and wetland buffer areas are shown for illustrative purposes only. Depicted River Corridor, wetland, and wetland buffer boundaries are approximate. The diagram should not be construed as showing all River Corridors, wetland, and wetland buffer areas, nor their precise locations. River Corridor, wetland, and wetland buffer delineation for permitting purposes must be determined in accordance with Article 12 of the South Burlington Land Development Regulations, as applicable. B. Limited Incorporation of Land Development Regulations. Articles 3, 13, 14, 15, and Appendix C of the South Burlington Land Development Regulations shall not be applicable in the City Center Form-Based Code (FBC) District except the following sections: • 3.01 - 3.05, Table 3-1, Figures 3-1a & 3-1b, 3.08, 3.09(A), 3.10 (E), 3.11(F-G), 3.12 & 3.13 • Article 13 shall apply as indicated within the Article. • Article 14 shall apply as indicated within the Article. • Article 15 shall apply as identified within the Article. • Where in this Article a specific section or subsection is referenced, it shall apply. In the event of a conflict between the Building Envelope Standards or Street Types and other portions of these Regulations, the Building Envelope Standards and Street Types shall control. 8.03 Land Development and Building Placement A. Land Development. No land development shall be permitted except in full compliance with the applicable Building Envelope Standards (BES) and this Article. See also Section 8.11, non-conformities. B. Building Placement. (1) All new buildings, and all additions to buildings shall include at least one building façade located entirely within a Build-to-Zone, except as provided for below: (a) Buildings permitted in a T3 Cottage Court (b) As permitted under Section 8.11, Nonconformities; or, (c) Accessory structures (d) New Buildings on the outside of an existing or planned road corner of 120-degree or less if: (i) The building façade nearest to the street meets the Primary Building Façade requirements and is at least partially located within 120 feet from the right-of-way of the roadway; and, (ii) The road cannot reasonably be extended from the corner due to restrictions in Article 12 or the presence of an interstate; and, (iii) Either: Page 93 of 346 ARTICLE 8 CITY CENTER FORM-BASED HOME DISTRICT CODE South Burlington Land Development Regulations (I) The building is on a pre-existing lot containing no street frontage, or (II) The frontage buildout on the lot is met or has been approved to be met by other buildings. C. Special Requirements, Prohibitions & Exceptions. (1) For buildings on lots adjacent to Public Open Space or Parks, the building facades that are parallel to, and which abut the Public Open Space or Park, without regard to any rights-of-way, shall meet the BES applicable to Secondary Building Facades. Any such building abutting a qualifying street shall meet all BES applicable to such street. (2) Loading docks and other entries meant principally for deliveries shall not face streets, except where: (a) They are set back a minimum of 100 feet from the building façade that is parallel to and closest to the public street; and, (b) The total width of said docks, doors, and entries does not exceed 12 feet. (3) All loading docks and associated truck parking areas shall be screened from view from streets. In the case of a nonconforming loading dock and associated truck parking area, any changes to the location or configuration of the loading docks or associated truck parking areas shall require compliance with this subsection. (4) Residential uses are prohibited within fifty (50) feet horizontal distance of ramp rights-of-way, both existing and planned, for Interstate 89 and Interstate 189. 8.04 Blocks, Streets, and Alleys A. General Standards. (1) Purpose. To implement the goals of the Comprehensive Plan and purposes of the City Center FBC District, including transportation, economic development, creation of an active, pedestrian-friendly environment, and to implement the intent of block standards identified within the Building Envelope Standards of each Transect Zone. (2) Construction of Streets (a) Where a building is proposed to be located on a lot that is adjacent to a new or extended street, such street shall be constructed by the applicant pursuant to Article 15 and in accordance the street types designated within the City Center Form-Based Code – Primary & Secondary Streets & Block Standard Applicability Map, except as follows: (i) Street, streetscape and any other construction or improvements along or within the existing or proposed right-of-way for Market Street, Garden Street and Midas Drive and for the Williston Road intersections of Midas Street/White Street and Patchen Road/Hinesburg Road shall conform to engineered plans developed by the City and as modified by the Director of Public Works. (ii) Where no street type has been identified, the standards of section 15.A.14(C) shall apply. (b) Where a building is proposed to be located on a lot that is adjacent to existing street, or where an expansion, extension, or reconstruction of a non-conforming structure exceeds the thresholds established in Section 8.11(D), such street must upgrade adjacent sidewalks, greenbelts, and related street furniture (trees, benches, etc.) to the standards contained within the applicable Street Type and Building Envelope Standard. Nothing in this subsection shall be construed to Page 94 of 346 CITY CENTER FORM-BASED HOME DISTRICT CODE ARTICLE 8 South Burlington Land Development Regulations limit requirements for additional upgrades as necessary to meet the requirements of these Regulations. (3) Perimeter and Length of Blocks. The minimum / maximum perimeters and lengths of any block shall be determined by BES, except as otherwise provided for in this Article. (4) Frontage Buildout. Frontage Buildout requirements for the applicable Transect Zone shall apply along all streets pursuant to the BES. See Section 8.11, Nonconformities, for development existing at the time the FBC was enacted. (a) Where Hazards and Level I Resources, as defined in Article 12, are located along streets and are proposed to be unaffected, the linear distance of these features along the street shall be removed from the calculation of the lot’s minimum frontage buildout requirement. (5) Connectivity. All existing or proposed streets shall connect directly at each end to another existing public street, or planned or proposed street listed as a qualifying street type in the applicable BES. This requirement, however, shall not apply to the planned street extending north from Barrett Street depicted on the City Center Form-Based Code Primary & Secondary Street & Block Standard applicability map. (6) Build-to-Zones. Build-to-Zones are established along both sides and the entire length of all public, planned, and proposed streets within the Transect Zones. (a) In the event that a third-party easement which predates the initial adoption of this Article exists within a build-to-zone prohibiting the frontage buildout to be met, the build-to-zone shall, for the length of the easement, be established along the rear edge of the easement. B. Location of Blocks and Streets. (1) Applicability of Block Lengths and Perimeters. (a) Exempt Areas. Block lengths and block perimeters for the applicable Transect Zone shall not apply in areas shown on the Official Map as exempt from such standard, unless, pursuant to 24 VSA 4421(5), the application is to be reviewed without regard to the proposed public facility indicated on the Official Map. In such instances, block length and perimeter standards for the applicable Transect Zone shall be met. (b) Non-Exempt Areas. Block lengths and block perimeters for the applicable Transect Zone shall apply for all areas shown on the Official Map as non-exempt from such standards. (2) Public Facilities on the Official Map. Where a planned street or any other planned public feature, facility, or improvement is shown on a parcel or lot on the Official Map, the owner of such parcel or lot shall provide an irrevocable offer of dedication of such planned street or planned public feature, facility for improvement to the City at the time of an application for land development on such parcel or lot. In the event that the applicant proposes a private street, a plan clearly depicting the area of such street shall be recorded in the land records prior to the issuance of any zoning permit. The following additional standards shall apply in either instance: (a) Where applicable, the applicant shall construct such street in accordance with the requirements of these Regulations; (b) Where the street is proposed to be public, the minimum street right-of-way width shall be as identified within Article 11, Street Typologies; (c) Where the City identifies a specific Street Type on the Official Map, such street shall comply with the standards for that street type in Article 11; Page 95 of 346 ARTICLE 8 CITY CENTER FORM-BASED HOME DISTRICT CODE South Burlington Land Development Regulations (d) The actual location of a street may deviate from the location identified on the Official Map within the applicant’s parcel by to one quarter (1/4) of a maximum block length in the applicable Transect Zone; (e) The actual location of a street may be deviate from the location identified on the Official Map at the applicant’s property line up to one quarter (1/4) of a maximum block length in the applicable Transect Zone. Such deviation shall require approval of the Development Review Board pursuant to the following: (i) The proposed location shall connect to adjacent existing, planned, or proposed streets at each end; (ii) The proposed location shall remain consistent with any City and Regional Planning Commission transportation corridor studies; (iii) It shall remain possible to complete all planned and reasonably anticipated connections to adjacent properties; (iv) The applicant shall solicit from the owners of all adjoining properties their written input or comment regarding the proposed deviation from the location identified on the Official Map and shall demonstrate to the DRB the attempt(s) to solicit this written input or comment; and, (v) Any such deviation that results in a significant change in connections to any existing, planned, or proposed street right-of-way shall require approval by the City Council following recommendation by the Planning Commission. Any such deviation shall include an amendment to the Official Map that depicts the revised connection between the new street location at the applicant’s property line and the planned street on the adjacent parcel. For the purposes of this subsection, a significant change may include a change in the parcel(s) through which the streets are planned, any modification to an approved City or State plan for the street connection, or a change affecting the alignment of a planned or existing intersection. (3) Standards for Non-Exempt Areas. In areas or circumstances that are not exempt from block length and perimeter requirements, the following standards shall apply. (a) The applicant shall submit plans demonstrating compliance with the block standards for the entire parcel. Such submission may include phasing, and in such cases, may for future phases provide detail sufficient only to indicate that the standards of these Regulations can be met at a future time. (b) All proposed streets shall comply with the requirements of Section A above and of the applicable Building Envelope Standards. (c) The Development Review Board shall have the authority to modify minimum and maximum block lengths by up to 10% where it finds that: (i) The modification will result in avoidance of impacts to a Hazard or Level I Resource, as defined within these Regulations; (ii) Pre-existing site conditions such as existing buildings proposed to remain, existing signalized intersections, or existing signalized curb cuts make placement of the block length within the required distance impractical or result in a detriment to vehicular or non-motorized transportation safety or efficiency, or; Page 96 of 346 CITY CENTER FORM-BASED HOME DISTRICT CODE ARTICLE 8 South Burlington Land Development Regulations (iii) The modification will result in an improved alignment of an intersection, such as aligning with an intersection on the other side of the street, or establishing a safe distance from an existing intersection; (d) Where the DRB approves a modification of a minimum or maximum block length standard, the following shall apply: (i) All requirements for pedestrian passages within the applicable BES shall be met; and, (ii) Where a block length exceeds the maximum for the applicable Transect Zone, a public lane, pedestrian pass, or path as defined within the Street Typologies shall be established, creating a mid-block connection to the adjacent public street, and offered for dedication to the City. Where the applicant’s property is not adjacent to a public street, a public lane, pedestrian pass, or path shall be established to the property line or to the nearest existing pedestrian infrastructure that provides perpendicular connectivity. C. Primary and Secondary Streets. Standards for buildings and building placement along Primary and Secondary Streets are contained within the Building Envelope Standards for each Transect Zone. D. Primary and Secondary Building Façade Determination. Where a building is located on a lot that is a corner lot or through-lot, the Primary Building Façade shall be the one parallel to and closest to the street with the higher traffic count, except where: (1) The higher traffic count street is an Interstate or Interstate ramp; (2) The lower traffic-count street is labelled as a Primary Street and the higher traffic count-street is labelled as a Secondary Street on the Official Map; (3) The lot has at least one hundred (100) feet of frontage on Market Street; or, (4) Upon application to the Development Review Board, the Board finds that the application presents a unique circumstance that is in keeping with the purposes of the Transect Zone in which the project is located. All building facades parallel to other streets and public open spaces shall be Secondary Building Façades. E. Corner Radii; Clear Zones. Corner curb radii shall be determined by Street Type within Article 11, Street Typologies. Tight turning radii are intended to shorten pedestrian crossings and inhibit drivers from turning corners at high speeds. To allow for emergency vehicles (e.g., fire trucks) to turn corners, a 25-foot radius Clear Zone shall be Page 97 of 346 ARTICLE 8 CITY CENTER FORM-BASED HOME DISTRICT CODE South Burlington Land Development Regulations established free of all vertical obstructions including but not limited to telephone poles, sign poles, fire hydrants, or electrical boxes. Figure: Corner Radii & Clear Zones F. Alleys. Alleys are encouraged in the City Center Form-Based Code (FBC) District to minimize curb cuts and to provide access to parking and service areas behind buildings. Alley locations and dimensions are not fixed but shall be designed to accommodate the alley’s purpose. 8.05 Parking A. On Street Parking. The selection of diagonal or parallel parking along any section of road shall be determined by Street Type and Street Type and consultation with the Department of Public Works. B. Off-Street Parking Placement. (1) Where all Frontage Buildout requirements have been met, off-street surface parking shall be permitted, but shall be set back a minimum of 25 feet from the closest street line. (2) On a lot that complies with all requirements of the applicable BES, the Development Review Board may approve surface parking which is within the 25-foot setback and which is not hidden from view from the street by a building, provided: (a) the subject parking represents the smallest practicable portion of the total parking required for the property; and, (b) the area encompassed by the subject surface parking represents a significantly minor incursion with the 25-foot setback. (3) Notwithstanding (1) above, no parking shall be permitted within one hundred and forty feet (140’) of an existing, planned or proposed qualifying street unless the Frontage Buildout requirements for all areas between the street right-of-way and proposed parking have been met, regardless of whether such areas are on one or multiple lots with one or multi ownerships. Page 98 of 346 CITY CENTER FORM-BASED HOME DISTRICT CODE ARTICLE 8 South Burlington Land Development Regulations (a) This figure shall be reduced to sixty-two feet (62’) where the applicant demonstrates that this area has a shared parking agreement that would allow for the development of the area without parking within this sixty-two foot (62’) area. Screening with vegetation or a non-plastic fence or wall of at least three (3) feet in height shall be installed along the street frontage until such time as the area is developed. The Administrative Officer may approve the screening to be at the rear of the area, adjacent to parking, where it presents a better overall landscape treatment for the site. C. Structured Parking Lot Placement. Any structure located within the Build-to-Zone may contain structured parking. All such parking, however, shall be set back at least 25’ from all front building facades on the first story. Such minimum 25’ area shall contain uses that are allowed in the Transect Zone. (1) Parking structures are exempt from the requirement that at least one building façade be located within a Build-to-Zone so long as Frontage Buildout requirements have been met by a principal building or buildings or liner buildings. A parking structure that is located to the rear of building(s) that comply with the Frontage Buildout for the applicable Transect Zone is exempt from glazing and door standards. D. Access to Off Street Parking. Alleys shall be the way to access off-street parking. Parking along alleys may be head-in, diagonal, or parallel. Alleys may be incorporated into parking lots as standard drive aisles. Access to all properties adjacent to the alley shall be maintained. Access between adjacent lots and across property lines is required, as stipulated in 14.07F and 13.02F of these Regulations. Corner lots shall access parking from the secondary street (see diagram below). Figure: Access to Off Street Parking 8.06 Special Standards A. Civic Sites. (1) General. Civic sites and buildings are of special public importance. Civic Sites include municipal buildings, libraries, municipal schools, public recreation facilities, and the land on which the Civic building is located. Civic buildings do not include retail buildings, residential buildings, or privately owned office buildings. (2) Modification of Standards. In order to provide greater flexibility to create a special architectural statement, Civic Buildings may be approved with modification of certain standards listed below. Any such review and any subsequent review shall be made by the Development Review Board following Page 99 of 346 ARTICLE 8 CITY CENTER FORM-BASED HOME DISTRICT CODE South Burlington Land Development Regulations an application. In considering an application, the Board shall have the authority to modify or waive Build-to-Zone, Glazing, Frequency of Entrances, and Frontage Buildout requirements within the Building Envelope Standards for the applicable Transect Zone. The Board shall consider the following in making its determination: (a) Presence of a public design process and formal recommendation from the South Burlington City Council and/or School Board; (b) Consistency of the design with an adopted municipal or school building design policy (if one exists); (c) Consistency of the project with the written purposes of the applicable Transect Zone; and, (d) Advancement, where appropriate, of the project with design elements specifically encouraged within the applicable Transect Zone. (3) Exemptions. Expansions of or modification to existing municipal school buildings shall be exempt from the following requirements within the BES for the applicable Transect Zone: build-to-zone, glazing, frequency of entrances, minimum story, and frontage buildout. (4) Limits of Authority. Civic buildings shall not be exempt from any other Building Envelope Standards within the applicable Transect Zone except as apply to any non-civic buildings. B. Places of Worship. (1) General, and Modification of Standards. Places of worship are of special public importance. In order to provide greater flexibility to create a special architectural statement, Places of Worship may be approved with modification of certain standards listed below. Any such review and any subsequent review shall be made by the Development Review Board following an application. In considering an application, the Board shall have the authority to modify or waive Build-to-Zone, Glazing, Frequency of Entrances, and Frontage Buildout requirements within the Building Envelope Standards for the applicable Transect Zone. The Board shall consider the following in makings its determination: (a) Consistency of the project with the written purposes of the applicable Transect Zone; and, (b) Advancement, where appropriate, of the project with specific design elements encouraged within the applicable Transect Zone. (2) Limits of Authority. Places of Worship shall not be exempt from any other Building Envelope Standards within the applicable Transect Zone except as apply to any buildings that are not used as Places of Worship. C. Drive-Throughs. Drive-through service windows are permitted in the back of the building, in mid-block and alley-accessed locations provided they comply with all of the following standards: (1) Queuing for drive-throughs shall not interfere with pedestrian access between the intended pedestrian entrance to the building and any off-street parking for the building or public street sidewalk access to the building; (2) For mid-block lots, drive through service windows shall face the rear lot line. In the case of a mid- block through-lot, drive-through service windows shall face the side lot line opposite the primary building façade; (3) For corner lots, drive through service windows shall be hidden by the building along all public streets (see diagram below); Page 100 of 346 CITY CENTER FORM-BASED HOME DISTRICT CODE ARTICLE 8 South Burlington Land Development Regulations (4) Drive-throughs shall conform to all applicable BES and shall not be exempt from any standard in these regulations that requires a minimum of two (2) stories; and, Figure: Drive-Throughs (5) Applications for a drive-through facility shall not be deemed complete without a mandatory technical review by a traffic consultant to determine adequate stacking lane length. D. Service Stations. Service Stations are permitted in the rear, in mid-block and alley -accessed locations provided they comply with the all of following standards: (1) No service station shall be located within 300 linear feet of a civic site; (2) Queuing for service stations shall not interfere with pedestrian access between the intended pedestrian entrance to the building and any off-street parking for the building or public street sidewalk access to the building; (3) For mid-block lots, fuel pumps, fueling canopies and commercial electric car charging stations shall face the rear lot line; (4) For corner lots, fuel pumps, fueling canopies and commercial electric car charging stations shall be hidden by the building along all public streets (5) Service stations shall conform to all applicable BES and shall not be exempt from any minimum two (2) story requirement. E. Buffer Strip. Any Buffer Strip required by a Building Envelope Standard shall consist, at a minimum, of a strip of land that is no less than twenty feet wide measured from the applicable lot line and shall include a screening buffer that is not less than eight (8) feet in width, measured from the applicable lot line, and planted with dense evergreens that are at least seven (7) feet in height at time of installation, and a separation buffer not less than twelve (12) feet wide measured from the edge of the screening buffer, in which no building shall be allowed. Where a vehicle turn-around or parking will be located adjacent to the screening buffer, then the screening buffer shall be supplemented as needed so as to be opaque year round. The Buffer Strip may include fencing to supplement the screening and/or separation buffers. F. Required Minimum Stories, Combined Stories. (1) Building Stories. Where these Land Development Regulations establish a required minimum number of stories, each story above the ground story up to and including the minimum number of required stories shall: Page 101 of 346 ARTICLE 8 CITY CENTER FORM-BASED HOME DISTRICT CODE South Burlington Land Development Regulations (a) Contain a floor area of at least 75% of the building footprint for buildings with a building footprint of less than 60,000 square feet or 50% of the building footprint for building with a buildings footprint of 60,000 square feet or more; and, (b) Be located directly above the story below and form an extension of the building facade for at least 75% of the building facade on all primary and secondary facades. (2) Combined Stories. For each story in a building containing one or more stories with a floor-to-floor height that exceeds the maximum height allowed in the applicable Transect Zone / Zoning District, the number of stories shall be calculated by dividing the proposed floor-to-floor height by the number of feet equal to the maximum story height and rounding up to the next whole number. Example: a 20’ floor to ceiling height in a Transect Zone where maximum story height is 14’ will count as two stories for the purposes of calculating the maximum allowable number of building stories in a Transect Zone. For the purposes of calculating the minimum number of building stories in a Transect Zone, however, combined stories shall not be considered to be more than one story. G. Rooftop Elements and Uses; Utilities. (1) Conceal Rooftop Devices. In the T4 and T5 districts, rooftop mechanical equipment and appurtenances to be used in the operation or maintenance of a structure shall be arranged so as to minimize visibility from any point at or below the roof level of the subject structure. Such features, in excess of one foot in height, shall be enclosed by outer building walls or parapets, grouped and screened, or themselves designed so that they are balanced and integrated with respect to the design and materials of the building. Such rooftop devices shall not be counted as a “story.” (2) Flat Roof Designs. Where flat roofs are used, architectural elements such as cornices shall be included. Any such cornice or similar design shall be installed along all primary and secondary building façades. (3) Rooftop Use and Structures. A rooftop may be used for any use permitted for the building. Enclosed or partially-enclosed building features are permitted and shall not be considered as an additional story, subject to the following conditions: (a) The total area of all such features, including elevator shafts, building space, garden sheds, permanent awnings or breezeways, or architectural features such as clock-towers or spires, shall not exceed the greater of 200 square feet or 20% of the area of the upper-most story of the building, whichever is greater and, (b) The height of any such features shall not exceed 14’ above the maximum height of the building (measured as maximum stories x maximum height of each story. (4) Utility Features. Utility features, such as generators, gas lines or meters, or electrical meters, shall not be located on any façade parallel to and adjacent to a street and shall be screened from view of any such street. On-building fire hydrants shall be exempt from this subsection. H. Alternate Compliance for Entrances in T4. (1) Authority. The Development Review Board shall have the authority to review and approve, approve with conditions, or disapprove an application for development that differs from the strict requirements of Section 8.13(C)(6) [T4 Urban Multi-Use District Building Envelope Standards, Entrances] subject to the standards and limitations below. (2) Entrance Standard Intent. It is the intent of Section 8.13(C)(6)(a-e), in concert with other standards of Section 8.13, to establish a regular, consistently pedestrian-friendly environment in the applicable Page 102 of 346 CITY CENTER FORM-BASED HOME DISTRICT CODE ARTICLE 8 South Burlington Land Development Regulations district. The presence of regular, Operable entrances is designed to foster a built pattern consisting of attractive, engaging, and interactive built forms. Users along a street are presented with an inviting street presence of the building and are engaged throughout its length. This section is also intended to support the viability of activities within adjacent buildings (existing or future) by creating a pedestrian environment where the user has reason and interest to walk the entire length of a building and engage with the next building rather than have an uninviting and unengaging environment where a user would turn around. (3) Standards For Review. In making its determination, the Development Review Board shall consider the following standards: (a) The Board finds that the alterative design advances the specific objectives of the Central District of the Comprehensive Plan in a manner that is equal or greater than the standard contained within the BES. (b) The Board finds that the alternative design advances the Purpose of the Transect Zone as stated in these Land Development Regulations in a manner that is equal to or greater than the standard contained within the BES. (c) The Board finds that the alterative design advances the Intent of the standard as stated in this Section in a manner that is equal to or greater than the standard contained within the BES. (d) Any proposed alternative shall be incorporated along all facades of a building for which alternate compliance is being sought and shall be distributed along the entire façade in a manner which meets or exceeds the average frequency and maximum spacing as required by the BES. (e) Any proposed alternative shall be not be counted or calculated as meeting or contributing to any other required element or financial obligation of these Regulations. (f) Any proposed alternative shall fulfill its function in all seasons. (g) Creative alternatives are encouraged. Any proposed alternatives, however, shall consist of original design elements. In the case of artwork, only Commissioned artwork shall be considered. I. Accessory Structures. Accessory structures shall exceed neither 500 square feet in area, nor fifteen (15) feet in height. Accessory structures shall not be located between the street line and the front building line of any principal building and shall be located a minimum of five (5) feet from all lot lines. There shall not be more than one accessory structure per principal building on the lot. The standards in Section 3.10(A-D) shall not apply in this district. 8.07 Prohibited Materials The following is a list of materials that are strictly forbidden as exterior finish materials in all Transect Zones: • All types and form of vinyl siding or vinyl finishing products. • External Insulation and Finish System (EIFS) • Stucco • Plywood (excluding Marine Grade plywood) • Chain-link fence • T1-11 Page 103 of 346 ARTICLE 8 CITY CENTER FORM-BASED HOME DISTRICT CODE South Burlington Land Development Regulations • Concrete block, cinder block • Tar paper • Tyvek or equivalent 8.08 Open Space Requirements A. Purpose. The open space standards contained herein are established to provide for the creation or improvement of open spaces in both residential and non-residential developments located in the City Center FBC District. Establishing, enhancing and preserving open space serve multiple purposes and meet the recreational needs of residents, visitors, and employees. These open spaces define the distinctive character of the community and are intended to provide a pleasant interlude in the urban environment, serve as a source of great civic pride, and render the area more attractive or attract new residents and businesses to the community. They can also be combined to serve multiple simultaneous purposes, including stormwater treatment, wildlife habitat, or provision of local foods. In addition, these spaces may provide breathing space, and visual and psychological relief, and meet other needs of community residents. Frederick Law Olmsted aptly described parks and open spaces as the “lungs” for the city. The standards set forth below establish regulations for open space in residential, non-residential, and mixed-use developments. It is the City’s intent that all Qualifying Open Spaces shall be high quality, useable and serve the purposes listed above. Qualifying open space must clearly be planned for that purpose and of sufficient size to serve a legitimate recreational or relaxation opportunity. In making the final determination of whether, and how much, proposed open space meets the City’s requirements, the Administrative Officer shall utilize these Regulations, its related Appendices, and the purpose statement of this subsection. Solely for illustrative purposes, photographs or real world examples of the Building Type options for the City Center FBC District are available in “The Illustrative Guide to the Building Types allowed in each Transect Zone of the City Center Form-Based Code District.” B. General Requirements. In addition to the standards set forth in the Building Envelope Standards, qualifying open spaces shall be required in all Transect Zones per Table 8-1: Page 104 of 346 CITY CENTER FORM-BASED HOME DISTRICT CODE ARTICLE 8 South Burlington Land Development Regulations Table 8-1 Civic Space / Site Amenity Requirements Transect Zone Residential/ Non- Residential Parcel Size Minimum Qualifying Open Space Required Additional Restrictions, Requirements, or Allowances Public Realm Requirement T5 Non- Residential All 5% of non- residential building gross floor area May locate off-site or purchase credits. Whether on or off site, 100 % must be part of the public realm. Residential, Less than 10 Units All 100 Square Feet Per Unit May locate off-site pursuant to BES or purchase credits. No public realm requirement for residential component. Residential, 10-19 Units All 85 Square Feet Per Unit May locate off-site pursuant to BES or purchase credits. No public realm requirement for residential component. Residential, 20 or more Units All 60 Square Feet Per Unit May locate off-site pursuant to BES or purchase credits. No public realm requirement for residential component. T4 Non- Residential <20,000 SF 6% of non- residential building gross floor area May locate off-site or purchase credits. Whether on or off site, 75% must be part of the public realm. Non- Residential >20,000 SF 6% of non- residential building gross floor area Must be located on site or within 150’ of the site and directly accessible from the site. Whether on or off site, 75% must be part of the public realm. Residential, Less than 10 Units All 100 Square Feet Per Unit Must be located on site or within 150’ of the site and directly accessible from the site; 50% or more must be commonly accessible to all tenants/residents. No public realm requirement for residential component. Residential, 10-19 Units All 85 Square Feet Per Unit Must be located on site or within 150’ of the site and directly accessible from the site; 50% or more must be commonly accessible to all tenants/residents. No public realm requirement for residential component. Page 105 of 346 ARTICLE 8 CITY CENTER FORM-BASED HOME DISTRICT CODE South Burlington Land Development Regulations Residential, 20 or more Units All 60 Square Feet Per Unit Must be located on site or within 150’ of the site and directly accessible from the site; 50% or more must be commonly accessible to all tenants/residents. No public realm requirement for residential component. T3/T3+ Non- Residential All 6% of non- residential building gross floor area Must be located on site. Minimum 30% must be part of the public realm. Residential, Less than 10 Units All 100 Square Feet Per Unit Must be located on site. No public realm requirement for residential component. Residential, 10-19 Units All 100 Square Feet Per Unit Must be located on site; 25% or more must be commonly accessible to all tenants/residents. No public realm requirement for residential component. Residential, 20 or more Units All 90 Square Feet Per Unit Must be located on site; 40% or more must be commonly accessible to all tenants/residents. No public realm requirement for residential component. (1) Mixed Uses. Where a lot contains both residential and non-residential uses, the minimum civic space / site amenity requirements in Table 8-1 for each type of use shall be met. The gross floor area of the non-residential uses on the lot shall be the sum of the gross floor area of each building on the lot less the sum of the area of the residential units on the lot. C. Qualifying Civic Space/Site Amenity. Qualifying Civic Space/Site Amenity is defined per the palette of options included in Article 11.B, and specifically excludes areas also intended for motor vehicular use, such as parking areas, driveways, travel lanes, etc. D. General Civic Space / Site Amenity Notes. (1) In all Transect Zones, only Civic Space / Site Amenity areas meeting the requirements of Article 11.B and this article shall count towards the minimum qualifying requirements. (2) In all Transect Zones landscaped parking lot dividers and median strips shall not be considered qualifying Civic Space / Site Amenities. A divider between a parking lot and a qualifying street type shall be considered qualifying where applicable and allowable. E. Civic Space / Site Amenity Location. (1) Locating Civic Space / Site Amenities Off-Site (a) Qualifying Civic Space / Site Amenity may be located off-site, or on a parcel other than the one where the subject use is located, in areas designated in Table 8-1. Designated off-site qualifying space must be located within City Center FBC District boundaries and must meet the standards Page 106 of 346 CITY CENTER FORM-BASED HOME DISTRICT CODE ARTICLE 8 South Burlington Land Development Regulations articulated herein. Designated off-site civic space / site amenity must qualify under the palette of options listed in Article 11.B. (b) Designated off-site qualifying civic space / site amenity shall be located on developable land. For the purposes of this section (8.08(D)), developable land is an area of land within the City Center FBC District that feasibly can be developed with residential uses or mixed uses in accordance with the Code as determined by the DRB. Developable land area shall not, except where otherwise specified, include areas of contiguous land that are unsuitable for development because of topographic features or for environmental reasons, per Article 12 of these regulations, unless approved for impact under said Article. (c) Wetlands and wetland buffers shall not be designated as off-site qualifying civic space / site amenity areas, unless the DRB makes a finding that the wetland and/or wetland buffer is improved and can be actively and explicitly used as a qualifying Civic Space / Site Amenity pursuant to this Article and Article 11.B. In considering whether to make this finding, the DRB may wish to consider the reasonable and expected use of the wetland, and refer to the specifications for “Enhanced or Recreational Wetlands” in Article 11.B of these Regulations. If the DRB makes such a finding, that wetland and/or wetland buffer shall not count as more than 50% of the minimum required qualifying open space. (d) Pre-approval of civic space / site amenity. An applicant that constructs a greater area of civic space / site amenity than the minimum required area may apply that additional space that exceeds the minimum towards the required space for a future building. In doing so, the applicant shall demonstrate with each such building that the off-site open space is qualifying for the proposed building in question. (2) Large Development Area Civic Space Option (a) Purpose: To provide larger properties within the City Center Form-Based Code District the ability to provide a portion of their required open space in a coordinated, consolidated manner. (b) Requirements: At the time of site plan application for any building proposed to make use of an Civic Space under this sub-section, or, at the applicant’s discretion, as a separate miscellaneous application, the following shall be submitted: (i) A plan delineating the Area Affected and indicating the location of existing parcel lines, public pedestrian or roadway easements, and public rights-of-way within the Area Affected. All parcels included in the Area Affected must be contiguous, excepting public rights-of-way. All land included within the Area Affected must be continuous, excepting public rights-of-way, and shall consist of no fewer than 15 acres of land, exclusive of existing public pedestrian or roadway easements and public roadways. (ii) The plan also shall demarcate the area(s) to be designated as open space and for each such civic space area identify the type(s) of qualifying civic space. (iii) Each such area of qualifying civic space within the Area Affected shall consist of at least ½ acre and shall include an entrance directly fronting a public street. (iv) Demonstration of common ownership, control, or legal agreement among owners of land within the Area Affected. (v) Demonstration of pedestrian connectivity, showing that each existing or proposed building within the Area Affected that will use the designated open space within the Area Affected to provide any of the qualifying civic space required by these regulations will have uninterrupted Page 107 of 346 ARTICLE 8 CITY CENTER FORM-BASED HOME DISTRICT CODE South Burlington Land Development Regulations pedestrian access (save for street or driveway crossings) to such qualifying civic space(s). Access may consist of paved or unpaved surfaces but shall be intended for pedestrian and/or bicycle use. Such uninterrupted pedestrian access to any designated civic space(s) must be constructed and completed prior to the issuance of a Certificate of Occupancy for such building. (vi) Effect. Approval of a Large Property Civic Space Option shall afford the applicant the following, in addition to the options available in Table 8-1:Designated civic space within the Area Affected may be used to provide the qualifying open space required by these regulations for any buildings within the Area Affected that are located within ¼ mile walking distance of the designated civic space within the Area Affected. Distance shall be measured from the nearest corner of the building to the entrance to the civic space via the pedestrian connection; and, (vii) Any designated civic space within the Area Affected shall be eligible to account for up to 50% of the total qualifying civic space/site amenity required for a building within the Area Affected. (d) Ongoing Accounting. The property owner / controlling entity of the Area Affected shall maintain an ongoing tally of qualifying civic space required and provided for all development within the area affected which shall be submitted whenever an application proposes a change in the designated Civic Space or in the civic space/site amenity provided in connection with a building within the Area Affected. F. Off-Site Civic Space/Site Amenity Credits. (1) Applicability. In lieu of providing Civic Space/Site Amenity as required by these Regulations, an applicant may contribute to a designated City Fund that shall be used to acquire Civic Space and/or for Civic Space capital improvements, both within the City Center FBC District, subject to the following conditions and requirements: (a) In the T5 and T4 Transect Zones, a contribution may be provided in lieu of Civic Space/Site Amenity for any parcel of less than two (2) acres in size. (b) In the T5 Transect Zone, a contribution may be provided in lieu of no more than 50% of the minimum required qualifying Civic Space / Site Amenity for any parcel of two (2) acres or more. (2) Amount of Contribution. The amount of contribution shall be calculated as follows: the minimum required percentage of qualifying Civic Space / Site Amenity per Table 8-1 multiplied by the mean current assessed value of the land of all parcels of two (2) acres or less within the T5 and T4 Transect Zones. G. Landscaping Requirements. (1) Per Section 13.04(G), new development must meet a minimum landscaping budget equal to 3% of the first $250,000 of construction costs, 2% of the next $250,000, and 1% of remaining construction costs. (2) Within the City Center FBC District, the minimum landscaping budget may be applied to non-bulb perennial vegetation, or other amenities, as detailed in Table 8-2 and Article 11.B, Civic Space Types, as part of a cohesive landscaping plan for the site that provides adequate planting of trees and shrubs appropriate to the site. (3) Off-Site Landscaping. Where Civic Space is approved to be located off-site or within a specified distance of the site pursuant to Section 8.08(E), up to eighty-five (85) percent of the required Page 108 of 346 CITY CENTER FORM-BASED HOME DISTRICT CODE ARTICLE 8 South Burlington Land Development Regulations landscaping budget may also be located off-site. Prior to the application of any landscaping budget as permitted in this subsection, the applicant shall demonstrate to the Administrative Officer that the site that is the subject of the application has been adequately landscaped with trees, shrubs, and other non-bulb perennial vegetation, so as to provide a cohesive landscaping plan on the site. When landscaping is proposed off-site or within a specified distance of the site, the total required landscape budget shall increase by fifteen (15) percent. Table 8-2. Landscaping Options Zone Maximum use of Minimum Landscaping Budget Acceptable Palette of Options T5 90% Palette includes commissioned sculptures (excluding signs1), fountains, ornamental planters, ornamental or commissioned benches2, decorative hardscapes, and ornamental or commissioned bicycle racks3. T4 80% Palette includes same as T5. T3/T3+ 30% Palette includes same as T5; also includes structural or enhanced soils for community gardens, gazebos for common use, and rain gardens (as restricted in Appendix F). Note 1: Credit may be given for the incremental value by which the proposed amenity exceeds the specified requirement for the district, at the discretion of the Administrative Officer or the Development Review Board where applicable. Note 2: As defined in the South Burlington Sign Ordinance. Note 3: Credit will not be given for the value of the land under which any of the above are constructed. H. Maintenance. All qualifying civic space / site amenity areas, and elements contained within, shall be maintained in good condition and the entire area shall be kept clear of debris. Failure to maintain the area shall constitute a violation of these Regulations. 8.09 Uses Allowed and Changes of Use A. General Provisions. Within the Transect Zones, all uses shall be allowed except as specified in Table 8-3, Table of Uses, these Land Development Regulations, other applicable City ordinances and regulations and by state statute or applicable state regulation. In Table 8-3 below (Transect Zone Table of Uses), where a use is not listed as prohibited within a specific Transect Zone, it is allowed in that Transect Zone pursuant to these Land Development Regulations. B. Nonconforming Structures. Table 8-3, Transect Zone Table of Uses, indicates uses that are prohibited in each Transect Zone for structures that are not in full compliance with the applicable Building Envelope Standards. See also Section 8.11 for nonconformities. Page 109 of 346 ARTICLE 8 CITY CENTER FORM-BASED HOME DISTRICT CODE South Burlington Land Development Regulations Table 8-3. Transect Zone Table of Uses Transect Zones Table of Uses Non-Conforming Structures, all Transect Zones T3/ T3+ T4 T5(1) Adult use Prohibited Prohibited Prohibited Prohibited Airport Uses Prohibited Prohibited Prohibited Prohibited Animal shelter Prohibited Prohibited Prohibited Prohibited Auto and/or motorcycle sales Prohibited Auto and/or motorcycle service & repair Prohibited Auto rental, with optional private accessory car wash & fueling Prohibited Cannabis dispensary (cultivation only) Prohibited Prohibited Prohibited Prohibited Car wash Prohibited Commercial kennel and/or pet day care Prohibited Prohibited Prohibited Prohibited Drive-through establishments, except financial institutions Prohibited Prohibited Drive-through financial institutions Prohibited in T3 and T3+ Prohibited Equipment service, repair, and/or rental Prohibited Junk yard Prohibited Prohibited Prohibited Prohibited Lumber and/or contractor’s yard Prohibited Prohibited Prohibited Prohibited Manufacturing / assembly from previously prepared materials & components Prohibited Mobile home, RV and/or boat sales, repair & service Prohibited Motor freight terminal Prohibited Prohibited Prohibited Prohibited Service Stations Prohibited Transportation services Prohibited Prohibited Prohibited Prohibited Warehousing & distribution Prohibited Wholesale establishments Prohibited Bottle redemption centers Prohibited Outdoor storage in connection with any permitted use, except for dumpsters which must be reviewed for adequate screening during the development approval process Prohibited Uses that require regular (1 trip weekday or greater) trips using 24,000 lb. vehicles Prohibited in T3 and T3+ Prohibited ALL OTHER USES (1) Note: in the T5 District, ground-level residential uses are prohibited. For the purposes of this subsection, residential uses include dwelling units and any other form of permanent housing Page 110 of 346 CITY CENTER FORM-BASED HOME DISTRICT CODE ARTICLE 8 South Burlington Land Development Regulations including but not limited to group homes, residential care homes, congregate care, assisted living, continuum of care facilities, group quarters, or hospices. C. Changes of Use. Changes of Use within the Form-Based Code shall require site plan approval if: (1) Changes are proposed to the Site Plan; or, (2) Except within the T5 District, the change in use will result in an increase of 75 PM Peak Hour Vehicle Trips or 25% of the total PM Peak Hour Vehicle Trips for the subject property as defined within these regulations, whichever is greater. 8.10 Review Procedures A. Site Plans and Other Applications. See Article 14, Site Plan. B. Subdivisions. The applicable sections of Article 15 (set forth in Section 8.02) shall only apply to subdivision review. Planned Unit Developments are not permitted within the Transect Zones and City Center Form-Based Code (FBC) District. C. Development Review Board Review Authority. Notwithstanding other Articles of these Regulations, any authority granted to the Development Review Board under this Article 8 shall remain with the Development Review Board and shall not be delegated to Administrative Review. Any authority granted to the Administrative Officer shall remain with the Administrative Officer except upon appeal of the Administrative Officer’s decision. 8.11 Nonconformities A. Purpose. The purpose of this section is to establish regulations and limitations on the continued existence of uses and structures established prior to the effective date of this Code that do not conform to the provisions of this Code. Nonconformities may continue, but the provisions of this Section are designed to limit investment in nonconformities and to bring about their eventual elimination, where appropriate, in order to preserve the integrity of the regulations established in this Code. B. Nonconforming Uses. (1) Authority to Continue. Nonconforming uses may be continued provided the conditions in this Section are met. (2) Repair and Alterations. Repair and alterations, including structural alterations, may be performed on any structure that is devoted in whole or in part to a nonconforming use, provided the comply with the Code, including any limitations on any conforming structures. (3) Extensions/Expansions (a) A nonconforming shall not be extended, expanded, enlarged or increased in size, footprint or coverage. Page 111 of 346 ARTICLE 8 CITY CENTER FORM-BASED HOME DISTRICT CODE South Burlington Land Development Regulations (b) No nonconforming use may be extended to displace a conforming use. (4) Change in Use. A nonconforming use only may be changed to a use allowed in this applicable Transect Zone. A nonconforming use may not be changed to another nonconforming use. A nonconforming use that is changed to a conforming use may not revert back to any nonconforming use. (a) Nothing in these Regulations shall be construed to prevent the owner of a multi-tenant building containing one or more nonconforming uses from utilizing a portion of the building for a conforming use, provided there is no expansion or extension of a nonconforming use or uses as part of such a change in use. (5) Abandonment. See Section 3.15(G) C. Nonconforming Structures. (1) Authority to Continue. Nonconforming structures may be continued provided conditions in this Section are met. (2) Repair and Alterations. Repair and alterations may be performed on any nonconforming structure, provided they comply with the Code and with the following: (a) When the total area of alterations to the primary building façade, or to the building façade that is parallel to and oriented to the street, exceeds 35% of the total areas of such building façade, the alterations shall comply with the Building Standards described in the BES applicable to the Transect Zone (excluding build-to-zone and story requirements). For the purposes of this subsection, window and window casing replacement, painting, adding or removal of siding, and other similar changes shall not be considered in this total area of alterations calculation. For multi-tenant buildings, the standard shall apply separately for each tenant area where that tenant gross floor area exceeds 10,000 square feet. (b) Repair and replacement of non-conforming exterior finish materials. Normal repair of non- conforming exterior finish materials listed in Section 8.07 shall be permitted. In-kind replacement of vinyl exterior finish materials with new vinyl finish materials shall also be permitted. Replacement of any other type of exterior finish materials listed as prohibited in Section 8.07 shall not be permitted. (c) Structural alterations involving the replacement, relocation, removal, or other similar changes to more than 50% of all load bearing wall / pillar elements of a building shall require compliance with all standards within these Regulations. (3) Damage to Nonconforming Structures. See Section 3.15 (F) D. Extensions/Expansions. (1) Any nonconforming structure with a gross floor area greater than 20,000 square feet may be altered, provided, however, that no enlargement, maintenance or alteration creates any additional nonconformity or increases the degree of the existing nonconformity of all or any part of such structure. See Figure 8-1. (2) Any nonconforming structure with a gross floor area equal to or less than 20,000 square feet may be altered in a manner that increases the nonconformity by no more than the percentage of the existing gross square footage listed below in Table 8-4. See Figure 8-1 Page 112 of 346 CITY CENTER FORM-BASED HOME DISTRICT CODE ARTICLE 8 South Burlington Land Development Regulations Table 8-4 Extensions / Expansions Structure Size <1,000 SF GFA 1,001 – 2,500 SF GFA 2,501 – 5,000 SF GFA 5,001 – 10,000 SF GFA 10,001 – 20,000 SF GFA Percent Permitted 75% 35% 30% 25% 10% Example: A 20,000 sq. ft. structure may be enlarged or altered in a nonconforming manner (expand to side by a maximum total of 2,000 sq. ft.) E. Relocation. No nonconforming structure may be relocated in whole or in part to any other location on the same or any other lot unless the structure and its location conform to these Regulations. F. Open Space. (1) Purpose: To create a fair and equitable transition from the prior requirements for a maximum lot coverage percentage to the new requirements for a minimum amount of Qualifying Open Space. (2) Where any of the following apply, the applicant shall be required to obtain approval from the Development Review Board or Administrative Officer for the identification of approvable open space prior to any Land Development: (a) A proposed addition to a non-conforming building exceeds 5,000 square feet GFA; (b) Lot coverage is proposed to increase by at least 1,000 square feet or 1% of the lot area, whichever is greater; or (c) A portion of a lot developed with one or more building is proposed to be subdivided,. (3) The identification shall be completed as follows: (a) The applicant shall identify, on a plan, Qualifiable Civic Space / Site Amenity area(s) for the lot, or in the case of a subdivision, lots, totaling no less than the minimum required percentage of Qualifying Civic Space / Site Amenity listed in Table 8-1 (Civic Space / Site Amenity Requirements), based on the existing uses and buildings on the lot(s); (b) At the time of identification and approval, the applicant shall not be required to enhance any Qualifiable civic spaces / site amenities to meet any of the additional requirements of Appendix F or to locate any such Qualifying civic space / site amenity on-site, except: (i) Where more than 50% of the Qualifiable Civic Space / Site Amenity consists of impervious areas, the amount of such impervious civic space / site amenity that exceeds 50% shall be enhanced to full compliance with Appendix F and such Qualifying Civic Space / Site Amenity shall be located on-site as depicted on the plan; (c) Any new buildings or expansions of existing buildings shall be required to comply with all Civic Space / Site Amenity Requirements of Section 8.08 (Civic Space / Site Amenity Requirements); and, (d) An application to expand an existing building on a lot for which Qualifiable Civic Space / Site Amenity has been identified and approved may meet its minimum Qualifying civic space / site amenity requirements in Table 8-1 by enhancing the minimum required amount of the identified Page 113 of 346 ARTICLE 8 CITY CENTER FORM-BASED HOME DISTRICT CODE South Burlington Land Development Regulations Qualifiable Civic Space / Site Amenity to full compliance with Article 11.B and locating that Qualifying Civic Space / Site Amenity on-site as depicted on the plan. (4) The identification of approvable Civic Space / Site Amenity shall be a one-time requirement. No further such approval shall be required unless the applicant requests a modification of areas identified and approved as Qualifiable Civic Space / Site Amenity. Figure 8-1 Nonconformity Build-to Requirements Figure 8-1A. Front: Addition Any addition to the front must move toward build to zone. The addition does not have to meet the frontage buildout. Figure 8-1 A. Front: New Building A new building must be placed in the build to zone until the frontage buildout has been met. Figure 8-1 B. Rear: Addition Rear additions are allowed because the extension does not increase the degree of the non-conformity. Figure 8-1 B. Rear: New Building New Buildings located outside of the build-to zone are not allowed until the frontage buildout has been met. Permitted Permitted Permitted Not Permitted Page 114 of 346 CITY CENTER FORM-BASED HOME DISTRICT CODE ARTICLE 8 South Burlington Land Development Regulations Figure 8-1 C. Side: Addition Side additions are not allowed because the extension increases the width of the building not in the Build-to zone. Figure 8-1 C. Side: New Building New Buildings located outside of the build-to zone are not allowed until the frontage buildout has been met Figure 8-1 D. Side: Addition ( Large Building) Side additions are not allowed because the extension increases the width of the building not in the Build- to zone. Not Permitted Page 115 of 346 ARTICLE 8 CITY CENTER FORM-BASED CODE DISTRICT South Burlington Land Development Regulations Adopted 12/5/2022 Figure 8-1 D. Side: Addition (Large Building) Add new connected street1 and side additions are now allowed because the new street establishes a new Build-to-Zone. Note 1: New street shall be selected from the pre-determined FBC street types allowable in the site’s transect designation and shall conform to block standards (block lengths). Permitted Page 116 of 346 CITY CENTER FORM-BASED HOME DISTRICT CODE ARTICLE 8 South Burlington Land Development Regulations Figure 8-1 E. Tiers Tier 1: Conformity with Build-to required. Conformity shall be achieved by BES (Build-to, glazing and frequency of doors) , FBC civic space / site amenity standards and/or combination of the two. Surface parking is not conforming. Tier 2: Per parcel all expansions permitted if Tier 1 is established with conforming buildings or open space standards* Note 1: Large parcels: Parcels with street frontages greater than 300' may expand laterally the percentage of the build out at Tier 1 in the same lateral location of the conforming build out. Permitted Page 117 of 346 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8.12 City Center T3 and T3+ Neighborhood Building Envelope Standards (A) Purpose Primary Building Façade Requirements Secondary Building Façade Requirements Supplemental (B) Lot Standards (1)Lot Dimensions. (a)Lot Size (b)Lot Width (2)Lot Occupation. (a)Percentage of Lot Coverage (b)Units per acre (C) Building Standards (1) Building Types. (a)Detached single family dwelling (b)Two-family dwelling (c)Multi-family housing (d)Detached mixed-use storefront (e)Cottage (f)Accessory Structure (g)Carriage House See note 5 (h)Small-Lot Multi Family dwelling See note 5 (2)Building Stories. (a)Principal (b)Accessory (3)Floor-to-Ceiling Height. (a)First story (b)Upper Stories (4)Build-to Zone.See T3 & T3+ Figures (a)Primary Build-to-Zone 5' min., 20' max.5' min., 30' max. (b)Secondary Build-to-Zone 5' min., 30' max.5'. min., 45' max. (c)Side Setback, Principal Structure 8' min., no max.8' min., no max. (d)Rear Setback, Principal Structure 20' min., no max.Not applicable (e)Side Setback, Accessory Structure 8' min., no max.8' min., no max. (f)Rear Setback, Accessory Structure 8' min., no max.Not applicable (g)Setback from rear of Principal Structure for any Accessory Structures 10' min., no max.No closer to street than Principal Structure (5)Frontage.See T3 & T3+ Figures (a)Frontage Buildout None None (b)Percentage of Frontage Buildout within the Primary Build- to-Zone 75% min., no max.No min., no max. (c)Percentage of Frontage Buildout within the Secondary Build-to-Zone 0% min., 25% max.no min., no max. Permitted Permitted Permitted Permitted Permitted Permitted None 70' min., 120' max. [150' max if Cottage Court] (See note 3) 75% max. 4 units per acre min. T-3 and T3+: A multi-use neighborhood with a street-oriented public realm that encourages medium-density, multi-use/multi-purpose built environment. Architectural character is residential in nature, with sloped roofs and front porches encouraged and first floor elevations typically raised above ground level. Typically detached / freestanding single or two-family residences, small-scale multi-family, corner stores, and small scale commercial uses. Pedestrian-oriented streets, but ultimately mode-neutral. Small front yards are encouraged. Parking (not including on-street parking) shall be away from the primary street. Permitted Permitted T3 and T3+ BES Standard 1.5 min.; 2.5 max. (T3), 3.5 max. (T3+) 1 max. 12' max. 10' max. South Burlington Land Development Regulations Page 118 of 346 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT Primary Building Façade Requirements Secondary Building Façade Requirements SupplementalT3 and T3+ BES Standard (6)Entrances.See Entrances Figure (a)Frequency of Public Entrances, non-residential first story use 1 per unit min. (b)Maximum distance between Public Entrances, non- residential first story use Not applicable (c)Frequency of Operable Entrances, residential first story use 1 per unit min., except as listed in note 5 (d)Maximum distance between Operable Entrances, residential first story use Not applicable (e)Frequency of Public Entrances on first story for non- residential second story uses 1 per upper story unit min. (f )Frequency of Public Entrances on first story for upper residential story use 1 per 2 units (See notes 4 and 5) (7)Glazing.See Glazing Figures (a)First Story Min. 30% of the length of the building, and min. 3' in height Min. 15% of the length of the building, and min. 3' in height (b)First Story, percent of glazing required to be transparent 75% min.75% min. (c)Upper Stories Min. 25% of the length of the building, and min. 3' in height Min. 12.5% of the length of the building, and min 3' in height (d)Upper Stories, percent of glazing required to be transparent 75% min.75% min. (8)Building Breaks.See Bldg. Breaks Figure (a)Building Horizontal Façade Min. 1 every 24'Min. 1 every 36' (b)Single Span of Horizontal Facade Without a Break 24' max.36' max. (9)Garages. (a) (b) (c) (9)Supplemental Building Standards. (a)Awnings, Stoops, Vestibules (b)All homes in residential subdivision (unless in cottage court configuration) shall face street. (c)Subdivisions will not be designed or laid out in a manner that will result in placing the rear of homes next to streets. (d)Primary facades of homes shall face the street. (e)Variation in building façade encouraged and blank walls strongly discouraged. (f)To the extent possible, the narrow face of the building should be oriented to the street. Required Garage doors facing an alley are permitted and highly encouraged. Required Encouraged Encouraged Required notwithstanding (a) above, a single-car garage set back a minimum of 10' from the front façade of a Principal Building shall be permitted. Garage doors shall be either (i) located at a minimum of a 90 degree angle to the street containing the primary building facade or (ii) set back a minimum of 10' from the rear of the Principal Building. Encouraged South Burlington Land Development Regulations Page 119 of 346 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT Primary Building Façade Requirements Secondary Building Façade Requirements SupplementalT3 and T3+ BES Standard (D) Block and Street Standards. (1)Blocks.See Section 8.04 (a)Perimeter (b)Length See note 3 (c) (2)Street Types.See Article 11 (a)Neighborhood Street (b)Neighborhood Street Narrow (c)Neighborhood Street / Bike Boulevard (e)Support Street (f)Market Street (g)Lane (h)Alley (i)Path (j)Pedestrian Pass (k)All other streets (3)Curb Cuts. (a)On Market Street (b)All other streets (E ) Parking Standards (1)Parking Requirements. (a)Per Residential Unit See note 4 (2) Location & Screening. (a) (b) (c) (d) (e) (f) (g) (h) (F) Supplemental District Standards (1)Where a T-3 Lot abuts a non-FBC District, the following standards shall apply: (a) A buffer strip shall be required.See Section 18.02(B) (G) Streetscape Standards(1)General Standards. (a) (b) (c) (2)Streetscape Requirements. (a)Benches (b)Bicycle Racks for at least 5 bikes (c)Street Tree Spacing, on centerNotes (1) (2) (a) (3) (4) (a) (b) (c ) (5) Proposed development shall comply with all requirement of Article 11. Upper Story Glazing Shall comply with the following standards: Public and Operable Entrances for Upper Story Units: For corner units, the balcony shall be required along the Primary Street. For a lot or property to be developed or improved, lot width requirements shall be met. No units located entirely on the third story shall be permitted.Permitted on lots existing as of March 24, 2016 which have less than 100' of frontage on an existing street and are less than 1/2 acre in area. A single such lot may contain either one carriage house or one small-lot multi- family dwelling. Upper story glazing shall be a minimum of 30 percent of the façade on the primary building facade and 20% on secondary building facades. New parking spaces shall be screened from all streets and the public realm, a minimum of four (4) feet in height. Parking under structures is encouraged. Parking shall only be permitted in compliance with applicable BES standards. Residential: all parking shall be located to the side or rear of buildings. Non-hardscape, pervious areas within the front yard shall be predominantly planted with groundcover or flowering vegetation. Non-residential: all parking shall be on-site and located behind the Principal building. All features proposed within an existing, proposed, or planned public ROW shall comply with requirements of the Department of Public Works. If a corner lot is 100’ or less in width along the street containing the primary building facade and greater than two (2) times that width in depth, the required frontage buildout on the BES shall be reduced by 50% on the street containing the secondary building facade. 50' max. average As determined by DPW 1 min. per 300' frontage All second story units facing a Street shall have a balcony of at least 6' in depth or a rooftop patio. New construction resulting in additional non-residential gross floor area or residential units shall meet T3 and T3+ Parking Standards. New parking is allowed in the side yard. Parking spaces may be leased from the city or a private landowner. 70' min. distance between curb cuts 3 max. 300' min., 1,000' max. Single block lengths greater than 500' shall include a publicly dedicated sidewalk, passage, or trail at least 8' in width that connects to another street. Permitted, qualifies as a street Permitted, qualifies as a street Permitted, qualifies as a street Permitted, qualifies as a street Permitted connection, not a street 400' min. distance between curb cuts 4,000' max. Permitted connection, not a street Permitted connection, not a street Permitted, qualifies as a street Prohibited Permitted, qualifies as a street South Burlington Land Development Regulations Page 120 of 346 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT Carriage House Building Type Description Lot and Building Placement Lot Frontage Maximum 100' Lot Depth N/A Lot Area Maximum 1/2 acre Units & Scale Dwelling Units Maximum of 2 Building Footprint Maximum 60% of footprint of principal structure Building Area Maximum 60% of area of principal structure Building Placement Principal Building Principal building on lot must meet T3 Frontage requirements Build-to-Zone Front facade must be at or behind the rear of the principal building Rear Setback Per T3 standards of principal buildings Side Setback Per T3 standards of principal buildings Parking Location Per T3 standards Open Space Per T3 standards Other Per T3 standards A second building either attached to or detached from the primary house and commonly used for storage of vehicles and household items. The carriage house may also be used for up to two additional dwellings units. South Burlington Land Development Regulations Page 121 of 346 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT Narrow-Lot Multi-Family Building Description Lot and Building Placement Lot Frontage Maximum 100' Lot Depth N/A Lot Area Maximum 1/2 acre Units & Scale Dwelling Units Maximum of 6 Frontage Buildout Minimum 50% Building Placement Build-to-Zone Per T3 standards Rear Setback Per T3 standards Side Setback Per T3 standards Parking Location Garages shall not face street except if blocked from view by building Open Space Per T3 standards Other Front Porch A covered front porch of at least 10' in width and 7' in depth is required Front Doors At least one operable entry shall face the street Other Standards Per T3 Multi-family building on a narrow lot. Front of building has a strong street presence and building is oriented towards the street. Appearance of the building from the street is of a single-family or small multi-family building. Additional units may be side or rear-accessed, up to maximum allowable. South Burlington Land Development Regulations Page 122 of 346 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T4-1 8.13 T-4 Urban Multi-Use Building Envelope Standards (A) Purpose Primary Building Façade Requirements Secondary Building Façade Requirements Supplemental (B) Lot Standards (1)Lot Dimensions (a)Lot size (b)Lot Width (2)Lot Occupation (a)Percentage of Lot Coverage (b)Units per acre (C) Building Standards (1) Building Types (a)All Types(2)Building Stories (a)Principal (b)Accessory (3)Floor-to-Floor Height (a)First story (b)Upper Stories (4)Build-to-Zone See T4 Figures (a)Primary Build-to-Zone 0' Min., 12' Max.0' Min., 18' Max.See note 3 (b)Secondary Build-to-Zone 0' Min., 24' Max.0'. Min., 36' Max.See note 3 (5)Frontage See T4 Figures (a)Frontage Buildout , Primary Streets 70% Min.70% Min. (Note 1)See note 3 (b)Frontage Buildout , Secondary Streets 70% Min. within 80' of Primary Street, 50% Min. elsewhere 70% Min. within 80' of Primary Street, 50% Min. elsewhere (Note 1) See note 3 (b)Percentage of Frontage Buildout within the Primary Build- to-Zone 75% Min.100% Max.See note 3 (c )Percentage of Frontage Buildout within the Secondary Build-to-Zone 0% Min., 25% Max.100% Max.See note 3 (6)Entrances See Entrances Figure (a)Average frequency of Public Entrances, non-residential first story use 36' Max.54' Max.See note 3 (b)Maximum distance between Public Entrances, non- residential first story use 46' Max.72' Max.See note 3 (c )Average Frequency of Operable Entrances, residential first story use 36' Max.54' Max.See note 3 (d)Maximum distance between Operable Entrances, residential first story use 46' Max.72' Max.See note 3 (7)Glazing See Glazing Figure (a)First Story Min. 40% of the Width of the Building, and Min. 7.5' in Height for non- residential and 6' in height with min. window head height of 7.5' for residential Min. 20% of the Width of the Building, and Min 7.5' in Height for non- residential and 6' in height with min. head height of 7.5' for residential (b)First Story, percent of glazing required to be transparent 75% Min.75% Min. (c )Upper Stories 24' Max. T4 BES Standard Generally a multi-use, mixed use dense downtown built environment, typical of areas adjacent to and supportive of main street(s). Housing, retail, and other commercial uses are typical; parking facilities are also allowed. The built environment can be a mix of freestanding buildings and shared wall buildings. T-4 is multimodal oriented with an emphasis on medium foot traffic pedestrianism. Parking (not including on-street parking) shall be away (or hidden) from the street. None None None Permitted 2 Min., 5 Max. 1 Max. None 14' Max See Note 2 South Burlington Land Development Regulations Page 123 of 346 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T4-2 Primary Building Façade Requirements Secondary Building Façade Requirements SupplementalT4 BES Standard (d)Ground story residential privacy (8) Building Breaks See Bldg Breaks Figure (a)Building Horizontal Façade Min. 3 every 80'Min. 3 every 80' (b)Single Span of Horizontal Facade Without a Break 48' Max.48' Max. (9)Supplemental Building Standards (a)Awnings, Stoops, Vestibules (D) Block and Street Standards (1)Blocks See Section 8.04 (a)Perimeter See note 3 (b)Length See note 3 (2)Street & Connection Types See Article 11 (a)Neighborhood Street Narrow (b )Neighborhood Street (c)Private commercial way (d)Support Street (e)Commercial Street (f)Avenue (g)Commercial Boulevard (h)Destination Street (i)Market Street and Garden Street (j)Path (k)Pedestrian Pass (l)Alley (m) All other street types (4)Curb Cuts (not including street intersections) (a)On Market Street (b) On Garden Street (b)All other streets (E ) Parking Standards (1)Parking Requirements (a)Per Residential Unit (2) Location & Screening (a) (b) (c ) (d) (e ) (f) (3) Off-Site Parking (F) Supplemental District Standards (1)Where a T-4 Lot abuts the R4 or R7 Zoning District, the following standards shall apply: (a) A buffer strip shall be required See Section 8.06(E) (b) (c ) (d) 2 spaces Max. Permitted, Qualifies as a Street 2,800' Max. (b) Off-site parking within 1200’ may be used to meet parking requirements for non-Residential uses. Parking shall only be permitted in compliance with applicable BES standards for building frontage Permitted, Qualifies as a Street Permitted Connection, Not a Street Prohibited The third story of any building shall be set back a minimum of twelve feet (12’) from the rear building line; and, The fourth story of any building shall be set back a minimum of twenty-four feet (24’) from the rear building line. Permitted, Qualifies as a Street 300' Min., 700' Max. Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street Encouraged Ground story facades facing a street or public park shall be designed to provide privacy to the interior of the units through either establishing a window sill height of at least 36" above the adjacent sidewalk or a combination of landscaping and hardscaping to create the same effect. No building located within one hundred and fifty feet (150') from the R4 or R7 District boundary shall exceed four (4) stories in height. Permitted, Qualifies as a Street (a) Off-site parking within 600’ may be used to meet parking requirements for Residential uses. 400' Min. distance between curb cuts 400' Min. distance between curb cuts Permitted, Qualifies as a Street 100' Min. distance between curb cuts Permitted Connection, Not a Street Permitted Connection, Not a Street Permitted, Qualifies as a Street Parking under structures is encouraged New construction resulting in additional non-residential gross floor area or residential units shall meet T- 4 Parking Standards New surface parking shall be set back from the primary street a minimum of 25' Parking spaces may be leased from the city or a private landownerNew parking spaces shall be screened from all streets and the public realm, a minimum of four (4) feet in height South Burlington Land Development Regulations Page 124 of 346 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T4-3 Primary Building Façade Requirements Secondary Building Façade Requirements SupplementalT4 BES Standard (e) (f ) (2) (a) (b) (c) (d) (e)Such building shall comply with all other provisions of these Regulations. (3) (a) (b) (4) (5)See Note 3 (G) Streetscape Standards (1)General Standards (a) (b) (c ) (d)Proposed development shall comply with all requirement of Article 11 (2)Streetscape requirements (a)Benches (b)Bicycle Parking (c )Street Tree Spacing, on center Notes (1) (2)Upper Story Glazing Shall comply with the following standards: (e) A minimum of 85% of all required glazing shall be transparent (3) All streetscape features must be consistent within a project and be compatible with adjacent features erected following adoption of this Code. Such building shall be a minimum of 24' in height and shall have the appearance of two or more stories; Such building shall have entries at a frequency of every 50' or less and shall have a maximum distance between entries of 60'; and, (c) The required percentage shall be achieved by multiple openings. Windows may be ganged horizontally if each grouping (maximum five per group) is separated by a mullion, column, pier or wall section that is at least 7 inches wide. Along Secondary Streets, parking structures within the build-to-zone that do not meet entrance and/or glazing standards are permitted and shall count towards Frontage Buildout requirements, provided that a minimum of 0.5% of the construction cost is used for original artwork installed on or in front of the building façade facing said street. Along Secondary Streets, a Streetfront Open Space, as defined within these Regulations, shall count towards Frontage Buildout requirements. Permitted May be used to meet short-term requirements of 13.14 50' Max. average (a) Upper story glazing shall be a minimum of 30% of the façade area below the roofline on the primary building facade and 20% on secondary building facades. If a corner lot is 100’ or less in width along the street containing the primary building facade and greater than two (2) times that width in depth, the required frontage buildout on the BES shall be reduced by 50% on the street containing the secondary building facade. Such building shall have a frontage greater than 100' and a footprint greater than 10,000 square feet; Such building shall have a maximum footprint of 3,500 square feet; and, Such building shall comply with all other provisions of these Regulations. No new single-story building shall be permitted within one thousand (1,000) linear feet in any direction from any existing single-story building approved under this subsection; Upper Story setbacks. Except where located within a Gateway Area, all stories not categorized as a rooftop structure in Section 8.06 above the fourth story of any building shall be set back a minimum of twelve feet (12’) from the primary and secondary building facades. All features proposed within an existing, proposed, or planned public ROW shall comply with requirements of the Department of Public Works. Small Single Story Principal Buildings. New small single-story principal buildings shall be permitted subject to the following requirements: Non-hardscape, pervious areas within the front yard shall be predominantly planted with groundcover or flowering vegetation. Standard does not apply to a building façade abutting an Interstate or Interstate ramp (d) Glazing on upper stories shall not be flush with building surface material and shall be recessed a minimum of 3 inches, except for bay windows and storefronts. Large Single Story Principal Buildings. New large single-story principal buildings shall be permitted subject to the following requirements: Gateway Area. Within a Gateway Area, corners of buildings located at street intersections shall include one or more significant architctural features, such as but not limited to, vertical projections, changes in materials, top- story open spaces, and/or first-floor prominent features. (b) 80% of glazing on upper stories shall be taller than wide South Burlington Land Development Regulations Page 125 of 346 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8.14 T-5 Building Envelope Standards (A) Purpose. Primary Building Façade Requirements Secondary Building Façade Requirements Supplemental (B) Lot Standards. (1)Lot Dimensions. (a)Lot size (b)Lot Width (2)Lot Occupation. (a)Percentage of Lot Coverage (b)Units per acre (C) Building Standards. (1 Building Types. (a)All Types (2Building Stories. (a)Principal (b)Accessory (3Floor-to-Floor Height. (a)First story (b)Upper Stories (4Build-to-Zone.See T5 Figures (a)Primary Build-to-Zone 0' min., 6' max.0' min., 9' max. (b)Secondary Build-to-Zone 0' min., 24' max.0'. min., 36' max. (5)Frontage.See T5 Figures (a)Frontage Buildout 85% min.85% min. (Note 1) (b)Percentage of Frontage Buildout within the Primary Build- to-Zone 75% min.50% min. (c)Percentage of Frontage Buildout within the Secondary Build-to-Zone 0% min., 25% max.50% max. (6)Entrances.See Entrances Figure (a)Average frequency of Public Entrances, non-residential first story use 30' max.45' max. (b)Maximum distance between Public Entrances, non- residential first story use 40' max.60' max. (c)Average Frequency of Operable Entrances, residential first story use (d)Maximum distance between Operable Entrances, residential first story use (7)Glazing.See Glazing Figure (a)First Story Min. 80% of the Width of the Building, and min. 7.5' in Height Min. 40% of the Width of the Building, and min 7.5' in Height (b)First Story, percent of glazing required to be transparent 75% min.75% min. (c)Upper Stories (8)Building Breaks.See Note 3 & Bldg. Breaks Figure (a)Building Horizontal Façade Min. 3 every 80'Min. 3 every 80' (b)Single Span of Horizontal Facade Without a Break Recommend every 24- 48 feet; 60' max. Recommend every 24- 48 feet; 60' max. (9)Supplemental Building Standards. (a)Awnings, Stoops, Vestibules (D) Block and Street Standards (1)Blocks.See Section 8.04 (a)Perimeter Emphasis is on Market Street with high volume foot traffic. Create a street-oriented public realm that encourages a dense downtown, multi-use/multi-purpose built environment. Retail and other commercial uses must be on the ground floor, with and mixed uses permitted above. Parking (not including on-street parking) shall be away (or hidden) from the street. None None None None T5 BES Standard Encouraged Permitted 2 min., 6 max. 14' min., 20' max. 10' min., 14' max. Not applicable 1 max. 1,600' max. Not applicable See Note 2 South Burlington Land Development Regulations Page 126 of 346 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT Primary Building Façade Requirements Secondary Building Façade Requirements SupplementalT5 BES Standard (b)Length (2)Street and Connection Types.See Article 11 (a)Destination Street (b)Support Street (c)Neighborhood Street Narrow (d)Market Street & Garden Street (e)Path (f)Alley (b)Pedestrian Pass (h)All other street types (3)Curb Cuts. (a)On Market Street (b)On Garden Street (c)All other streets (E ) Parking Standards (1)Parking Requirements. (a)Per Residential Unit (2) Location & Screening. (a) (b) (c) (d) (e) (f) (g) (3) Off-Site Parking. (a (b (c (F) Supplemental District Standards (1)Upper Story Setbacks. (a) (b) (G) Streetscape Standards (1)General Standards. (a) (b) (c) (d)Proposed development shall comply with all requirement of Article 11 (2)Streetscape Requirements. (a)Benches (b)Bicycle Parking (c)Street Tree Spacing, on center Off-site parking within 600’ may be used to meet parking requirements for Residential uses. Off-site parking within 1200’ may be used to meet parking requirements for non-Residential uses. Shared parking may be used to meet parking requirements (See Article 13). All features proposed within an existing, proposed, or planned public ROW shall comply with requirements of the Department of Public Works. Permitted May be used to meet short-term requirements of 13.14 30' max. average 2 spaces max. All stories above the fourth story of any building shall be set back a minimum of twelve feet (12’) from the primary and secondary building facades. All stories above the fifth story of any building shall be set back a minimum of twelve feet (12’) from all Alleys. New construction resulting in additional non-residential gross floor area or residential units shall meet T-5 Parking Standards New surface parking shall be set back from the primary street a minimum of 25' Parking spaces may be leased from the city or a private landowner Non-hardscape, pervious areas within the front yard shall be predominantly planted with groundcover or flowering vegetation. Permitted, Qualifies as a Street Parking under structures is encouraged Parking shall only be permitted in compliance with applicable BES standards for Frontage Buildout New parking spaces shall be screened from all streets and the public realm, a minimum of four (4) feet in height No parking spaces required for ground floor tenants/ uses less than 5,000 sq. ft. Prohibited Prohibited Prohibited 100' min. distance between curb cuts All streetscape features must be consistent within a project and be compatible with adjacent features erected following adoption of this Code. Permitted Connection, Not a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street 400' max. Permitted Connection, Not a Street Permitted Connection, Not a Street South Burlington Land Development Regulations Page 127 of 346 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT Primary Building Façade Requirements Secondary Building Façade Requirements SupplementalT5 BES Standard Notes (1) (2)Upper Story Glazing Shall comply with the following standards: (a ) (b (c ) (d ) (e ) (3)Building Break Standards also apply to any façade facing a Qualifying Open Space. Upper story glazing shall be a minimum of 30 percent of the façade area below the roofline on the primary building facade and 20% on secondary building facades. 80% of glazing on upper stories shall be taller than wide. If a corner lot is 100’ or less in width along the street containing the primary building facade and greater than two (2) times that width in depth, the required frontage buildout in the BES shall be reduced by 50% on the street containing the secondary building facade. The required percentage shall be achieved by multiple openings. Windows may be ganged horizontally if each grouping (maximum five per group) is separated by a mullion, column, pier or wall section that is at least 7 inches wide. Glazing on upper stories shall not be flush with building surface material and shall be recessed a minimum of 3 inches, except for bay windows and storefronts. Upper story windows/glazing (not doors) shall be no closer than 30 inches to building corners (excluding bay windows and storefronts). South Burlington Land Development Regulations Page 128 of 346 South Burlington Land Development Regulations Page 129 of 346 432.01 No zoning permit shall be required to erect, enlarge or alter a fence six feet high or less in a distric t. However th e follo wing shall apply A. Fences six feet in height or less shall not be required to meet setback requireme for the district w here located; however, the fence must be erected a minimum of thr feet from the property line, must be kept structurally sound, and the finish face of fence must face the exterior boundary. W ith a zoning permit and a joint applicat between abutt ing property owners, fences less than six feet in height or less may erected with no set back from the property line and the finish face of the fence m face any direction. B. No fences over three feet in height above street grade shall be permitted within triangle area formed by the intersection of two street right-of-ways and a third l jo ining them at points twenty -five fe et away from their intersection C. No fences are allowed in any City Right-Of-Way 432.02 No zoning permit s hall be requir ed to erect, e nlarge or alter a wall four feet high or less in a district. Walls over four feet high shall require a zoning permit and site plan review by Development Revie w Board. However the following shall a pply A. Walls fo ur feet in heig ht or le ss sha ll not b e required to meet setback requirements the district where located; however, the wall must be erected a minimum of three f from the property line and must be kept structurally sound. W ith a zoning permit a a joint a pplication between abutting property owners, walls less than four feet in hei or less may be erecte d with no set back fr om the property line. B. Walls shall be designed and located so as to not adversely affect the existing draina pattern on any other property. C. No wall over three feet in height above street grade shall be permitted within triangle area formed by the intersection of two street right-of-ways and a third l jo ining them at points twenty -five fe et away from their intersection. D. No wall s are a llowed in any City Right-Of- Way 432.03 No zoning permit shall be required for hedges. However the following shall apply A. No hedge over three feet in height above street grade shall be permitted within triangle area formed by the intersection of two street right-of-ways and a third l jo ining them at points twenty -five fe et away from their intersection. B. No hedges are allowed in any City Right- Of-Way South Burlington Land Development Regulations Page 130 of 346 Lot Width- Refer to Section 8.12.B.1.a and b Side Setback- Refer to Section 8.12.C.4.c, e Side Setback- Refer to Section 8.12.C.4.c, e Primary Build to Zone- Refer to Section 8.12.C.4.a Garages- Refer to Section8.12.C.9.a ,b Side Setback (If Corner Lot)\Rear Setback (If Interior Lot): Accessory Structure- Refer to Section 8.12.C.4.c, 8.12.C.4.f Side Setback (If Corner Lot)\Rear Setback (If Interior Lot): Principal Structure- Refer to Section 8.12.C.4.c, 8.12.C.4.d Qu a l i f y i n g S t r e e t T3 AND T3+ NEIGHBORHOOD RESIDENTIAL MIXED USE BUILDING ENVELOPE STANDARDS Primary Build to Zone- Refer to Section 8.12.C.4.a Primary Build to Zone- Refer to Section 8.12.C.4.a Secondary Build to Zone - Refer to Section 8.12.C.4.b Lot Width- Refer to Section 8.12.B.1.a, b Building Standards: Stories- Refer to Section 8.12.C.2.a,b Building Standards: Heights- Refer to Section 8.12.C.3.a,b Street Types - Refer to Article 11 South Burlington Land Development Regulations Page 131 of 346 T3 AND T3+ NEIGHBORHOOD RESIDENTIAL MIXED USE LOT FRONTAGE STANDARDS Buildin g L o t Buildin g L o t Building Standards: Frontage- Refer to Section 8.12.C.5.a-c Primary Build to Zone Secondary Build to Zone Q u a l i f y i n g S t r e e t South Burlington Land Development Regulations Page 132 of 346 Street Types - Refer to Article 11 T4 URBAN MULTI USE BUILDING ENVELOPE STANDARDS Primary Building Facade: Primary Build to Zone - Refer to Section 8.13.C.4.a Secondary Building Facade: Primary Build to Zone - Refer to Section 8.13.C.4.a Secondary Building Facade: Secondary Build to Zone - Refer to Section 8.13.C.4.b Primary Building Facade: Secondary Build to Zone - Refer to Section 8.13.C.4.b Building Lot Building Lot Glazing, Building Break and Entrance Standards-see separate drawings Qualif y i n g S t r e e t South Burlington Land Development Regulations Page 133 of 346 T4 URBAN MULTI USE LOT FRONTAGE STANDARDS Buildi n g L o t Buildi n g L o t Buildi n g L o t Buildi n g L o t Building Standards: Primary Facade Frontage- Refer to Section 8.13.C.5.a-c Building Standards: Secondary Facade Frontage- Refer to Section 8.13.C.5.a-c Primary Facade: Primary Build to Zone Secondary Facade: Primary Build to Zone Primary Facade: Secondary Build to Zone Secondary Facade: Secondary Build to Zone Qu a l i f y i n g S t r e e t South Burlington Land Development Regulations Page 134 of 346 Secondary Building Facade: Primary Build to Zone- Refer to Section 8.14.C.4.a T5 CITY CENTER BUILDING ENVELOPE STANDARDS Primary Building Facade: Primary Build to Zone - Refer to Section 8.14.C.4.a Secondary Building Facade: Secondary Build to Zone - Refer to Section 8.14.C.4.b Primary Building Facade: Secondary Build to Zone - Refer to Section 8.14.C.4.b Building Lot Building Lot Building Standards: 6th Story Setback - Refer to Section 8.14.F.1.b Building Standards: Upper Stories Setback - Refer to Section 8.14.F.1.a Street Types - Refer to Article 11 Glazing, Building Break and Entrance Standards-see separate drawings Qualify i n g S t r e e t South Burlington Land Development Regulations Page 135 of 346 T5 CITY CENTER LOT FRONTAGE STANDARDS Buildin g L o t Buildin g L o t Buildin g L o t Buildin g L o t Buildi n g L o t Building Standards: Primary Facade Frontage- Refer to Section 8.14.C.5.a-c Building Standards: Secondary Facade Frontage- Refer to Section 8.14.C.5.a-c Primary Facade: Primary Build to Zone Secondary Facade: Primary Build to Zone Primary Facade: Secondary Build to Zone Secondary Facade: Secondary Build to Zone Q u a l i f y i n g S t r e e t South Burlington Land Development Regulations Page 136 of 346 ENTRANCE STANDARDS Residential Entrances T4: - Refer to Article 8.13.C.6.c,d Public Entrances T4 and T5: - Refer to Article 8.13.C.6.a, Article 8.14.C.6.a Public Entrances T4 and T5: - Refer to Article 8.13.C.6.b, Article 8.14.C.6.b Building Heights T4 and T5: - Refer to Article 8.13.C.3.b, Article 8.14.C.3.b Building Stories T4 and T5: - Refer to Article 8.13.C.3.a, Article 8.14.C.3.a South Burlington Land Development Regulations Page 137 of 346 GLAZING STANDARDS BUILDING BREAKS Glazing T4 and T5: - Refer to Article 8.13. NOTES.2.a-e, Article 8.14.NOTES.2.a-e Building Horizontal FacadeT3, T4 and T5: - Refer to Article 8.12.C.8.a, Article 8.13.C.8.a, Article 8.14.C.8.a Material Change Vertical Plane Shift Horizontal Plane Shift Single Span Horizontal FacadeT3, T4 and T5: Refer to Article 8.12.C.8.b, Article 8.13.C.8.b, Article 8.14.C.8.b Rooftop Requirements: - Refer to Article 8.06.G.1-2 Glazing T4 and T5: - Refer to Article 8.13.C.7.a, Article 8.14.C.7.a South Burlington Land Development Regulations Page 138 of 346 ARTICLE 8 TRANSECT ZONE STREET TYPOLOGIES South Burlington Land Development Regulations 8.15 City Center FBC Master Plan Review and Approval [Reserved] 8.16– 8.18 [Reserved] Page 139 of 346 ARTICLE 9 SOUTHEAST QUADRANT-SEQ South Burlington Land Development Regulations 9 NATURAL RESOURCE PROTECTION - NRP 9.01 Purpose 9.02 Subdivision and Development Standards 9.01 Purpose The Natural Resources Protection District (NRP) promotes open space preservation, scenic view and natural resource protection, wildlife habitat preservation, and continued agriculture. The natural features, visual character and scenic views offered in this area have long been recognized as very special and unique resources in the City and worthy of protection. 9.02 Subdivision and Development Standards A. Subdivision and Development Potential and Uses Any land that lies within a NRP sub-district may only be developed in the following manners: (1) Subdivision and/or conveyance to the City of South Burlington or to a qualified land trust as dedicated open space. (2) Subdivision and construction of a dwelling unit(s) pursuant to Section 9.02B or 9.02C below; (3) Development with uses other than residences, as listed in Table C-1, subject to the Development Review Board’s approval of a conservation plan that balances development or land utilization and conservation. (4) Additions or alterations to existing structures, and new or altered accessory structures and lot coverage subject to the requirements of Section 9.02C below. B. Residential Development Allowance A lot that was in existence on or before June 22, 1992 and which lies substantially or entirely within the NRP may be improved with one or more dwelling units, subject to conditional use review and the following supplemental standards: (1) Where the lot is less than fifteen (15) acres in size, the Development Review Board may permit no more than one principal structure containing one (1) or two (2) units and only where: (a) The portion of the lot in any non-NRP district is insufficient to accommodate the construction and use of a single-family dwelling unit or duplex in compliance with these Regulations; (b) Standards of Section 9.02C are met. (2) Where the lot is fifteen (15) acres or more in contiguous area, the Development Review Board may allow a subdivision of no more than three (3) lots and construction no more than three (3) principal buildings, containing a total of up to six (6) dwelling units on all lots collectively only if the portion of the lot in any non-NRP district is insufficient to accommodate the construction and use of at least three (3) dwelling units. (a) The arrangement of lots, structures, and access drives shall be clustered such that dwelling units are located no more than one hundred (100) feet between principal structures on the adjacent lots within the subdivision, Page 140 of 346 SOUTHEAST QUADRANT-SEQ ARTICLE 9 South Burlington Land Development Regulations (b) Such subdivision plan shall be subject to the Development Review Board’s approval of a conservation plan in a form acceptable to the City Attorney that permanently encumbers the land against further land subdivision and development, and; (c) All lots intended for development shall be subject to the standards of Section 9.02C. C. Supplemental Design and Conservation Standards. Where development is permitted in accordance with this section, the following supplemental design standards shall apply: (1) For a newly subdivided lot, principal building, or use: (a) A building envelope that encompasses all areas to be used for principal and accessory buildings, patios or decks, parking areas, lawn, or other recreational amenities such as tennis courts, pools, etc. must be established shown on a plan. The building envelope must: (i) be located on the site in a manner that represents the least impact on the purposes of this District; (ii) exclude all Hazards and Level I Resources, except as specifically approved in accordance with applicable standards of Article 12 or that minimizes impact on the Habitat Block if the lot is entirely covered by Habitat Block; and, (iii) be minimized in size to reflect and implement the purposes of this zoning district. (b) Access drives shall be minimized in length except as needed to avoid impacts to Hazards, Level I, and Level II Resources, other resources identified for conservation, or other physical or legal constraints on the parcel. Utility service components, such as transformers and amplifiers, may be installed at ground level where such accords with standard industry practices. (2) For pre-existing land with no established building envelope, any addition to structures, impervious surfaces, or amenities that add more than 1,000 s.f., in the NRP district, cumulatively, from the date of adoption of these regulations, shall be required to establish a building envelope pursuant to subsection (1). The DRB may adjust the maximum size of a building envelope to accommodate pre- existing conditions. Page 141 of 346 ARTICLE 10 SELECTED OVERLAY DISTRICTS SVP, IHO TO, UDO South Burlington Land Development Regulations 10 SELECTED OVERLAY DISTRICTS SVP, IHO, TO, UDO 10.01 [Reserved] 10.02 Scenic View Protection Overlay District 10.03 Interstate Highway Overlay District (IHO) 10.04 Transit Overlay District (TO) 10.05 Urban Design Overlay District (UDO) 10.01 [Reserved] 10.02 Scenic View Protection Overlay District A. Purpose. A Scenic View Protection Overlay District is hereby formed in order to encourage the preservation of spectacular views of the Green Mountains, Adirondack Mountains and Lake Champlain from both planned and existing public ways. These spectacular views represent an irreplaceable natural resource which enhances the quality of life of residents and visitors of South Burlington. It is the intent of this overlay district to encourage the placement of buildings, lots and landscaping in a manner that best preserves these important scenic resources. B. [Reserved] C. Applicability. (1) In addition to the provisions of any other section(s) of these regulations, the uses allowed in any underlying district in a Scenic View Protection Overlay District, as shown on the Scenic View Protection Overlay District Map, shall be subject to the limitations in this Section 10.02. (2) In addition to those items listed in the definition of “structure” in these Regulations, earthen berms shall constitute a structure for purposes of this Section 10.02. D. Spear Street - Overlook Park View Protection Zone. (1) Designated Building Envelopes. (a) The term "Designated Building Envelope" as used in this Section 10.02 shall define a hexagonal figure enclosing an area of fifteen thousand (15,000) square feet as depicted on the Scenic View Protection Overlay District Map. The long axis of a Designated Building Envelope shall be oriented on a lot so that it is perpendicular to Spear Street. (b) Structures or vegetation located in any portion of a "Designated Building Envelope" located in Zone A or Zone C shall be required to meet the height limitations applicable to Zone A or Zone C. (2) Zone A. (a) No part of any structure within Zone A of the Spear Street Overlook Park View Protection Zone shall exceed an elevation of 370 feet above mean sea level minus 4 feet for each 100 feet that said part of a structure is horizontally distant from the Zone A base line shown on the above referenced Scenic View Protection Overlay District Map. (b) Landscaping and other vegetation located within Zone A of the Spear Street - Overlook Park View Protection Zone shall be maintained so that it does not exceed an elevation of 370 feet above Page 142 of 346 SELECTED OVERLAY DISTRICTS SVP, IHO TO, UDO ARTICLE 10 South Burlington Land Development Regulations Adopted 12-5-2022 mean sea level minus 4 feet for each 100 feet that said landscaping or vegetation is horizontally distant from the Zone A base line shown on the above referenced Scenic View Protection Overlay District Map. (c) Notwithstanding the restrictions set forth in the previous sentence, any vegetation or planting located within Zone A that are within an area two hundred (200') feet east of any building in existence on May 16, 1989 may be maintained at a height exceeding the requirements of this section subject to the following limitations: (i) The building in existence on May 16, 1989, must remain in existence. (ii) Such vegetation must be maintained so that it does not diminish to any degree the view available from any point of the Zone A base line on May 16, 1989. (3) Zone B (a) No part of any structure shall exceed the elevation of the Zone B base line minus 4 feet from each 100 feet that said part of said structure is horizontally distant from the Zone B base line shown on the above referenced Scenic View Protection Overlay District Map. This section shall not apply to any structure located in a Designated Building Envelope. (b) Landscaping and other vegetation shall be maintained so that it does not exceed the elevation of the Zone B base line minus 4 feet for each 100 feet that said landscaping or vegetation is horizontally distant from the Zone B base line shown on the above referenced Scenic View Protection Overlay District Map, or 2 feet above any grade existing on 7/17/89, whichever height is higher. This section shall not apply to landscaping located within a Designated Building Envelope. (c) Any principal structure shall be located entirely within a Designated Building Envelope. (4) Zone C (a) No part of any structure shall exceed the elevation of the Zone B base line minus 4 feet for each 100 feet that said part of said structure is horizontally distant from the Zone B base line shown on the above referenced Scenic View Protection Overlay District Map. (b) Landscaping and other vegetation shall be maintained so that it does not exceed the elevation of the Zone B base line minus 4 feet for each 100 feet that said landscaping or vegetation is horizontally distant from the Zone B base line shown on the above referenced Scenic View Protection Overlay District Map. (5) Zone D. (a) No part of any structure within Zone D of the Spear Street - Overlook Park View Protection Zone, shall exceed the elevation of 370 feet above mean sea level minus 1.8 feet for each 100 feet that said part of said structure is horizontally distant from the Zone A base line shown on the above referenced Scenic View Protection Overlay District Map. (b) Landscaping and other vegetation shall be maintained so that it does not exceed an elevation of 370 feet above mean sea level minus 1.8 feet for each 100 feet that said landscaping or vegetation is horizontally distant from the Zone A base line shown on the above referenced Scenic View Protection Overlay District Map. Page 143 of 346 ARTICLE 10 SELECTED OVERLAY DISTRICTS SVP, IHO TO, UDO South Burlington Land Development Regulations (6) Zone E. (a) No part of any structure within Zone E of the Spear Street - Overlook Park View Protection Zone shall exceed an elevation of 370 feet above mean sea level minus 8.7 feet for each 1000 feet that said part of said structure is horizontally distant from the Zone A base line shown on the above referenced Scenic View Protection Overlay District Map. (b) Landscaping and other vegetation shall be maintained so that it does not exceed an elevation of 370 feet above mean sea level minus 8.7 feet for each 1000 feet that said landscaping or vegetation is horizontally distant from the Zone A base line shown on the above referenced Scenic View Protection Overlay District Map. E. Spear Street - Ridge View Protection Zone. (1) No part of any structure within the Spear Street Ridge View Protection Zone shall exceed an elevation of 382 feet above mean sea level minus 3.1 feet for each 100 feet that said part of said structure is horizontally distant from the Spear Street Ridge View Protection Zone Base Line shown on the above referenced Scenic View Protection Overlay District Map. (2) Landscaping and other vegetation located within the Spear Street Ridge View Protection Zone shall be maintained so that it does not exceed an elevation of 382 feet above mean sea level minus 3.1 feet for each 100 feet that said landscaping or vegetation is horizontally distance from the Spear Street Ridge View Protection Zone Base Line shown on the above referenced Scenic View Protection Overlay District Map. F. Dorset Park View Protection Zone. (1) Zone A. (a) No part of any structure within Zone A of the Dorset Park View Protection Zone shall exceed an elevation of 441 feet above mean sea level minus 4.3 feet for each 1000 feet that said part of said structure is horizontally distant from the Dorset Park View Protection Zone West Base Line shown on the above referenced Scenic View Protection Overlay District Map, or 3 feet above any grade existing on the date of passage of these regulations, whichever height is higher. (b) Landscaping and other vegetation located within Zone A of the Dorset Park View Protection Zone shall be maintained so that it does not exceed an elevation of 441 feet above mean sea level minus 4.3 feet for each 1000 feet that said landscaping or vegetation is horizontally distant from the Dorset Park View Protection Zone West Base Line shown on the above referenced Scenic View Protection Overlay District Map, or 3 feet above any grade existing on the date of passage of these regulations, whichever height is higher. (2) Zone B (a) No part of any structure within Zone B of the Dorset Park View Protection Zone shall exceed an elevation of 439 feet above mean sea level plus 3.1 feet for each 1000 feet that said part of said structure is horizontally distant from the Dorset Park View Protection Zone East Base Line shown on the above referenced Scenic Protection Overlay District Map, or 3 feet above any grade existing on the date of passage of these regulations, whichever height is higher. (b) Landscaping and other vegetation located within Zone B of the Dorset Park View Protection Zone shall be maintained so that it does not exceed an elevation of 439 feet above mean sea level plus 3.1 feet for each 1000 feet that said landscaping or vegetation is horizontally distant from the Dorset Park View Protection Zone East Base Line shown on the above referenced Scenic View Page 144 of 346 SELECTED OVERLAY DISTRICTS SVP, IHO TO, UDO ARTICLE 10 South Burlington Land Development Regulations Adopted 12-5-2022 Protection Overlay District Map, or 3 feet above any grade existing on the date of passage of these regulations, whichever height is higher. (3) Zone C (a) No part of any structure within Zone C of the Dorset Park View Protection Zone shall exceed an elevation of 439 feet above mean sea level plus 2.2 feet for each 100 feet that said part of said structure is horizontally distant from the Dorset Park View Protection Zone East Base Line shown on the above referenced Scenic View Protection Overlay District Map, or 3 feet above any grade existing on the date of passage of these regulations, whichever height is higher. (b) Landscaping and other vegetation located within Zone C of the Dorset Park View Protection Zone shall be maintained so that it does not exceed an elevation of 439 feet above mean sea level plus 2.2 feet for each 100 feet that said landscaping or vegetation is horizontally distant from the Dorset Park View Protection Zone East Base Line shown on the above referenced Scenic View Protection Overlay District map, or 3 feet above any grade existing on the date of passage of these regulations, whichever height is higher. (4) Zone D (a) No part of any structure within Zone D of the Dorset Park View Protection Zone shall exceed an elevation of 441 feet above sea level minus 2.0 feet for each 1000 feet that said part of said structure is horizontally distant from the Dorset Park View Protection Zone West Base Line shown on the above referenced Scenic View Protection Overlay District Map, or 3 feet above any grade existing on the date of passage of these regulations, whichever height is higher. (b) Landscaping and other vegetation located within Zone D of the Dorset Park View Protection Zone shall be maintained so that it does not exceed an elevation of 441 feet above mean sea level minus 2.0 feet for each 1000 feet that said landscaping or vegetation is horizontally distant from the Dorset Park View Protection Zone West Base Line shown on the above referenced Scenic View Protection Overlay District Map, or 3 feet above any grade existing on the date of passage of these regulations, whichever height is higher. G. Hinesburg Road - North View Protection Zone. (1) No part of any structure within the Hinesburg Road-North View Protection Zone shall exceed an elevation of 393.5 feet above mean sea level plus 5.8 feet for each 1000 feet that said part of said structure is horizontally distant from the Hinesburg Road-North View Protection Zone Base Line shown on the above referenced Scenic View Protection Overlay District Map. (2) Landscaping and other vegetation located within the Hinesburg Road-North View Protection Zone shall be maintained so that it does not exceed an elevation of 393.5 feet above mean sea level plus 5.8 feet for each 1000 feet that said landscaping or vegetation is horizontally distant from the Hinesburg Road - North View Protection Zone Base Line shown on the above referenced Scenic View Protection Overlay District Map. H. Hinesburg Road - South View Protection Zone. (1) No part of any structure within the Hinesburg Road - South View Protection Zone shall exceed an elevation 3 feet above the elevation of the lowest point on the Hinesburg Road - South View Protection Zone Base Line shown on the above referenced Scenic View Protection Overlay District Map. Page 145 of 346 ARTICLE 10 SELECTED OVERLAY DISTRICTS SVP, IHO TO, UDO South Burlington Land Development Regulations (2) Landscaping and other vegetation located within the Hinesburg Road - South View Protection Zone shall be maintained so that it does not exceed an elevation 3 feet above the elevation of the lowest point on the Hinesburg Road - South View Protection Zone Base Line shown on the above referenced Scenic View Protection Overlay District Map. I. Alteration and Expansion. (1) Notwithstanding the provisions of these Regulations, any structure which fails to comply with the requirements of this Section 10.02 shall not: (a) be expanded or altered in any way which increases its degree or extent of non-compliance, except in strict conformance with the requirements set forth in this Section 10.02(I) herein. (b) be reconstructed if totally or substantially destroyed by fire, storm, explosion, other catastrophe, neglect or voluntary action, except in compliance with this Section 10.02, provided, however, if no usable structure may be reconstructed in compliance with these provision, then the property owner may rebuild a usable structure that creates a minimum violation of this section, and is subject to the limitations of Section 3.11 (nonconformities). (2) The provisions of this Section 10.02 notwithstanding, the Development Review Board shall have the authority to grant a waiver from the provisions of this Section 10.02 if it finds that the standards set forth in either Section 10.02( J) or ( K) below have been met. J. Exemptions through Subdivision Review. The Development Review Board may approve a proposed subdivision, though development of one or more lots in the proposed subdivision with construction of a structure would exceed the limitations of the Scenic View Protection Overlay District in the South Burlington Land Development Regulations ("view restrictions" herein), if it finds that the proposal meets the requirements of sub-part A or sub-part B below. (1) Sub-Part A. (a) The property under review existed as a parcel of land in separate and non-affiliated ownership from adjoining properties on June 1, 1992; and (b) Thirty percent or more of the land area of the subject property cannot support the construction of structures twenty-five (25) feet in height due to the development restrictions set forth in any statute, ordinance or bylaw; and (c) The applicant has attempted to minimize development on that portion of the property which cannot be developed in accordance with the view restrictions by concentrating development on portions of the property that can be developed in accordance with the view restrictions; and (d) The applicant has attempted to minimize the extent of noncompliance with the view restrictions by establishing designated building areas, view corridors, height limitations for structures, and landscaping restrictions on any lot which cannot be developed in compliance with the view restrictions. (2) Sub-Part B. (a) The applicant has designated building areas and/or height limitations for structures on any lot which cannot be developed in compliance with the view restrictions; and (b) The applicant can demonstrate that the construction of structures in conformance with the limitations set forth in subparagraph a, will not obstruct the view in the affected View Protection Page 146 of 346 SELECTED OVERLAY DISTRICTS SVP, IHO TO, UDO ARTICLE 10 South Burlington Land Development Regulations Adopted 12-5-2022 District from any point on the district baseline because of the presence of lawfully existing vegetation or structures. K. Waiver. The Development Review Board shall have the authority to grant a waiver from the provisions of this section if it finds that the standards set forth below have been met: (1) A structure has been granted a waiver from the requirements of this Article pursuant to the authority set forth in Section (J) above. OR (2) The applicant can demonstrate that the construction, alteration or expansion of a structure will not obstruct or be visible within the view in the affected View Protection District from any point on the baseline, because of the presence of natural topographic features other than trees or other vegetation, and/or the presence of lawfully existing structures. In making a determination pursuant to this section, the Development Review Board shall find that either of criterion "a" or both criteria "b" and "c" below is met: (a) A lawfully existing building or structure on the same property, or a natural topographic feature other than trees or other vegetation, will entirely screen the construction, alteration or expansion from all sight lines along the baseline of the applicable Scenic View Protection District; OR (b) All construction will take place within a designated building envelope whose outside edges are established by the sight lines extending from the baseline of the applicable Scenic View Protection District, at a height of six feet, in a straight line towards the structure; AND (c) No part of the construction, alteration or expansion will exceed the height of the structure or structures on the same property blocking the view from the baseline, measured at the point where the sight lines establishing the building envelope in (b) above intersect with the screening structure or structures. or (3) For properties within the Spear Street-Ridge Overlay Zone, the applicant can demonstrate that the proposed construction, alteration or expansion will not extend above the highest point of the roofline of the existing structure to be altered. 10.03 Interstate Highway Overlay District (IHO) A. Purpose. It is the purpose of the Interstate Highway Overlay District to provide for a safe and aesthetically attractive buffer between the right-of-way of the Interstate Highway and developed land uses within South Burlington. B. Boundaries of the Interstate Highway Overlay District. The Interstate Highway Overlay District shall include the following areas, as depicted in Figure 10-1: (1) All land within one hundred fifty (150) feet horizontal distance of the Interstate 89 and Interstate 189 rights-of-way, and (2) All land within fifty (50) feet horizontal distance of the ramp rights-of-way, both existing and planned, for Interstate 89 and Interstate 189, except within the City Center Form Based Code District. Page 147 of 346 ARTICLE 10 SELECTED OVERLAY DISTRICTS SVP, IHO TO, UDO South Burlington Land Development Regulations C. Standards. (1) No building of any kind, including any structure or construction such as parking facilities or lots, or tennis courts shall be permitted within the district, except as specifically provided in this section. Any use or structure granted approval within the Interstate Highway Overlay District shall be subject to the specific provisions of this section. (2) The following structures and infrastructure shall be allowed in the IHO district, subject to conditional use approval by the Development Review Board: (a) Public recreation paths (b) Roadways or access drives for purposes of accessing a preexisting or approved structure within the IHO district and no other reasonable provisions for access can be made. (c) Utility lines, including power, telephone, cable, sewer and water. (d) Stormwater treatment facilities and maintenance thereof, including necessary removal of vegetation and dredging. (e) Research and educational activities provided any building or structure, including parking lots or facilities, is located outside the IHO district. (f) Hydro-electric power generation (g) Municipal buildings, subject to the provisions of Section 10.03(D) below. (3) Use of Nonconforming Structures. Nonconforming structures within the IHO district may used for any land use allowed within the underlying zoning district, in accordance with Table C-1, Table of Uses. (4) Encroachment of Other Uses Into the IHO District. The encroachment of land uses allowed in the underlying zoning district into the IHO district may be allowed by the Development Review Board as a conditional use under certain circumstances as provided below, and provided the area of encroachment is screened from view by existing or proposed landscaping and/or topography: (a) The encroachment is necessary to rectify a natural catastrophe or for the protection of the public health, safety or welfare; OR (b) The encroachment is necessary for the purposes of providing for or improving public facilities; OR (c) The encroachment is necessary to provide safe access to a parcel on which a use has been approved by the DRB in cases where there is no feasible alternative to the encroachment. D. Encroachment of Municipal Buildings in the IHO District. In portions of the IHO district where the underlying zoning district is MU-Municipal, the Development Review Board may allow the encroachment of municipal facilities as a conditional use subject to the following standards and criteria: (1) Accessory uses not directly related and essential to the functioning of the municipal building shall not be permitted within the IHO district. (2) A finding is made by the DRB that the proposed municipal building cannot be located outside the IHO district because the following criteria are met: (a) The use must occur in close proximity to another preexisting municipal building; AND Page 148 of 346 SELECTED OVERLAY DISTRICTS SVP, IHO TO, UDO ARTICLE 10 South Burlington Land Development Regulations Adopted 12-5-2022 (b) There is no reasonably practicable alternative location for the municipal building, with pre- existing investment in the site a consideration for the practicability of alternative locations; AND (c) The encroachment is the minimum necessary to operate the proposed municipal building. (3) The maximum extent of the encroachment shall be no more than fifteen (15) feet into the IHO district. E. Exemption for Lots with Existing Single or Two-Family Dwellings. A lot containing an existing single or two-family dwelling, as of the effective date of these regulations, shall be exempt from the provisions of this Section 10.03. Notwithstanding this exemption, no additional dwelling units or new principal structures shall be permitted on such lots.Figure 10-1: Interstate Highway Overlay District 10.04 Transit Overlay District (TO) A. Purpose. It is the purpose of the Transit Overlay District to provide for a safe, compact, and efficient land use pattern that supports regular fixed-route transit service, pedestrian and bicycle infrastructure. Certain land uses may be permitted only within the Transit Overlay District, or be permitted outside the District subject to conditions. Other incentives or requirements that complement a multi-modal environment may also be established. B. [Reserved] C. Boundaries of the Transit Overlay District. The Transit Overlay District shall includes all areas shown on the Overlay District Map. Page 149 of 346 ARTICLE 10 SELECTED OVERLAY DISTRICTS SVP, IHO TO, UDO South Burlington Land Development Regulations D. Permitted and Conditional Uses. Any uses listed within Table C-1, Table of Uses, with a Transit Overlay District requirement shall only be allowable within the Transit Overlay District. (1) A use shall be considered to be located within the Transit Overlay District when all portions of a principal building leased or owned by the use in question are within the boundaries of the Transit Overlay District. (2) A use shall only be allowable where a public sidewalk or recreation path connects the use to a public roadway identified as a transit route on the Transit Overlay District Map in a direct (ie, generally shortest distance from the use to the roadway) manner. All such accesses must be located within the Transit Overlay District. (3) All uses under this section shall be subject to all applicable provisions of the underlying zoning district. 10.05 Urban Design Overlay District (UDO) A. Purpose. It is the purpose of the Urban Design Overlay District to recognize the impact of simple design principles and to reflect a design aesthetic that fosters accessibility and creates civic pride in the City’s most traveled areas and gateways, while furthering the stated goals of the City’s Comprehensive Plan. The Urban Design Overlay District aids in fulfilling the City’s vision to enable infill and conversion development, encourage pedestrian movement, serve local and regional shopping and employment needs, and make use of existing public transportation. The City intends for the applicable areas to provide safe and inviting access to adjacent neighborhoods. B. Comprehensive Plan. This section implements the community desires established in the City’s Comprehensive Plan. Specifically, the Plan desires that new development will occur in subject corridors. The corridors subject to the Urban Design Overlay District are encouraged within the Plan to use public transportation services, inspire pedestrian movement, and foster effective transitions to adjacent residential areas. More specifically yet, the Plan advocates for the creation of one or more nodes of concentrated development and public activity in these areas. C. Boundaries & Applicability. This section shall be implemented in accordance with the geography(ies) shown on the Overlay Districts Map contained in these Regulations. (1) New construction. In the case of proposed expansions to existing buildings, only the portion of the building being added or rehabilitate per (2) below shall be subject to compliance with these standards. Portions of an existing building not being modified may remain as is, provided alterations do not increase the degree of nonconformity. (2) Substantial Rehabilitation (a) Authority to Continue. Nonconforming structures may be continued provided conditions in this Section are met. (b) Repairs and Alterations. Repairs and alterations may be performed on any nonconforming structure, provided they comply with the Code and with the following: Page 150 of 346 SELECTED OVERLAY DISTRICTS SVP, IHO TO, UDO ARTICLE 10 South Burlington Land Development Regulations Adopted 12-5-2022 (i) When the total area of alterations to the primary building façade, or to the building façade that is parallel to and oriented to the street, exceeds 35% of the total area of such building façade, the alterations shall comply with the entry and glazing standards of the applicable district / overlay district. For the purposes of this subsection, window and window casing replacement, painting, adding or removal of siding, and other similar changes shall not be considered alterations. For multi-tenant buildings, the standard shall apply separately for each tenant area where that tenant gross floor area exceeds 10,000 square feet. (ii) Structural alterations involving the replacement, relocation, removal, or other similar changes to more than 50% of all load bearing wall / pillar elements of a building must comply with all standards within these Regulations. (3) Nodes. These regulations recognize that some areas of a corridor serve or will serve as important connections, gateways, or areas of activity. As such, a more urban form is desired and, where noted, required and permitted. Site design and buildings within designated nodes shall provide a welcoming and safe street presence for all users. Nodes are listed as ‘primary’ and ‘secondary’, and are mapped and regulated accordingly. D. Standards. Except where noted herein, the dimensional standards, use, and other standards of the underlying Zoning District shall still apply. (1) Entries. Buildings on subject properties must have at least one entry facing the primary road in the corridor. Any such entry shall: (a) Be an operable entrance, as defined in these Regulations. (b) Serve, architecturally, as a principal entry. Front entries shall be a focal point of the front façade and shall be an easily recognizable feature of the building. Possibilities include accenting front entries with features such as awnings, porticos, overhangs, recesses/projections, decorative front doors and side lights, or emphasis through varied color or special materials. This requirement does not preclude additional principal entry doors. (c) Shall have a direct, separate walkway to the primary road. This walkway shall be at least eight (8) feet in width and may meander for design purposes, but must serve as a pedestrian-oriented access. (2) Glazing. Windows are key to the overall design of a building and the relationship between its exterior and interior. (a) For all properties in the Urban Overlay District, a minimum of 75% of glazing shall be transparent. (b) In non-residential uses, first story glazing shall have a minimum height of 7 vertical feet. (c) For residential uses, first story glazing shall have a minimum height of 5 vertical feet. (3) Dimensional Standards Table 10-2 Page 151 of 346 ARTICLE 10 SELECTED OVERLAY DISTRICTS SVP, IHO TO, UDO South Burlington Land Development Regulations Height Minimum (Maximums per underlying zoning district) Glazing Features Setback from ROW Designated Primary Node 2 stories First stories: minimum of 60% glazing across the width of the building facade on primary street; 40% minimum glazing across width of the façade facing the secondary street. Must have significant architectural feature at corner of corner building. Minimum 20 feet Designated Secondary Node Appearance of two stories. Buildings with a GFA of less than 6,000 SF may be one story. First stories shall have a minimum of 60% glazing across the width of the building facade on primary street; 40% minimum glazing across width of the façade facing the secondary street. Must have significant architectural feature at corner of corner building. Minimum 20 feet All other properties No height minimums First stories shall have a minimum of 40% glazing across the width of the building facade Minimum 20 feet (4) Building Stories, Heights, and Rooftop Apparatus. (a) Minimum stories of buildings within the Urban Design Overlay District are defined as per Article 2- Definitions and Section 8.06(F)(1) of these Regulations. (b) Section 8.06(G) of these regulations shall apply to rooftop elements of buildings within the Urban Design Overlay District. (5) Landscaping. Projects within the Urban Design Overlay District shall meet minimum landscaping requirements as per Section 13.04 of these Regulations. Projects are also subject to the following supplemental standards: (a) Landscaping which is required elsewhere in these Regulations to serve as a buffer between properties shall not count towards the minimum landscaping budget. (b) For lots with buildings which are set back 50 or more feet from the front lot line, at least 50% of the required landscaping shall be installed between the front building line and the front lot line. E. Allowance for Increase Lot Coverage via Supplemental On-Site Open/Civic Space or Transferable Development Rights. For parcels with land underlying the Urban Design Overlay District, the maximum lot coverage may be increased by up to ten (10) percentage points using one of the two methods described below. Such allowance shall apply only to the subject lot with land underlying the Urban Design Overlay District and not any adjacent lots and must be approved in conjunction with a site plan or Planned Unit Development for the subject lot. Example: For a lot in a zoning district where the maximum lot coverage as identified in Appendix C is 70%, the maximum lot coverage for said lot may be increased to 80%. (1) On-Site Open/Civic Space Option. The applicant shall demonstrate compliance with each of the following standards as part of any proposal to increase lot coverage under this subsection: Page 152 of 346 SELECTED OVERLAY DISTRICTS SVP, IHO TO, UDO ARTICLE 10 South Burlington Land Development Regulations Adopted 12-5-2022 (a) For each additional increment of lot coverage, an area on the site equal to thirty (30) percent of said increment shall be designated on the site plan for the subject parcel as one or more Snippets/Parklets and/or Pocket/Mini-Parks as enumerated in Article 11.B; (b) The selected Open/Civic Space type(s) must comply with all requirements and guidelines for the applicable type in Article 11.B; (c) All elements of the applicable Open/Civic Space type shall be constructed prior to the issuance of a certificate of occupancy; (d) Where elements of such Open/Civic Space type are pre-existing, they may be used to qualify under this section; and, (e) Impervious areas within an approved Open/Civic Space shall not be considered lot coverage for the purposes of these Regulations. (2) Transfer of Development Rights Option. The applicant shall demonstrate compliance with each of the following standards as part of any proposal to increase lot coverage under this subsection: (a) Provision of Options to acquire all necessary TDRs from a designated Sending Area as part of any application to the Development Review Board or Administrative Officer in accordance with Article 9 of these Regulations. (b) Recording of required documentation demonstrating completed transfer(s) of all necessary TDR, in a form acceptable to the City Attorney, shall be required prior to issuance of any zoning permit enabling use of increased lot coverage. (c) Only the minimum quantity of Transferrable Development Rights necessary to satisfy the requirements of the site plan or Planned Unit Development application may be transferred to the receiving parcel. If the minimum quantity of TDRs results in more available lot coverage on the receiving parcel than is required for the site plan or PUD application, that shall be noted in the decision and may be used in a subsequent application with no additional TDR transfer. (3) Combined Applications. In no case shall the options listed above be used in combination or in addition to one another. Page 153 of 346 ARTICLE 11A: STREET TYPOLOGIES ARTICLE 11A STREET TYPOLOGIES Street Type Pedestrian Street Neighborhood Street - Narrow Support Street Bicycle Boulevard Bicycle Boulevard Category Local Local Local - Neighborhood Local - Urban Local Collector - Neighborhood Collector - Urban Off-Street Bike/Ped Facilities Required Facility Type Pedestrian street Sidewalk Sidewalk Recreation Path Sidewalk & Recreation Path Facility Sides N/A 1 Side Required 1 Side Req'd 2 Sides Req'd 2 Sides Required 1 side required 1 side each type Facility Width 10' Min 5’ Min 5’ Min 6' Min-16' Max 10’ Min 5' Min sidewalk, 10' Min rec path Alternatives Greenbelt / Furniture Zone Minimum Width (each side)N/A 6’ min (may be outside sidewalk where integrated)5' Min 5’ Min 6’ Min 6’ Min Landscaping Street trees shall be installed on one side at spacing requirements of applicable district On-Street Bike/Ped FacilitiesMinimum required Shared with pedestrian Share the road Share the road 4' bike Lanes N/A Options Sidewalk may be integrated with street on dead-end streetsParkingRequirementsN/A Not Permitted Parallel Not Permitted Parallel Sides of Street N/A N/A Two sides required N/A One side maximum C (Parking Ln Width)N/A N/A 8’N/A 8' Vehicular Lanes# Through Lanes N/A 2 Lanes 1 or 2 Lanes 2 Lanes 2 Lanes Travel Ln Width N/A 9’ Min, 10’ Max 9’ Min, 11’ Max 9’ Min, 10’ Max 9’ Min, 10’ Max E (Pavement Width)Min 10', Max 30'20’ Min, 22’ Max 20’ Min, 34’ Max 28’ Min, 36’ Max 28’ Min, 36’ Max F (ROW Width)16' Min (and at least 2' more than the facility width)40' Min 50’ Min 50' Min 60’ Min 50’ Min 60' Min Design FeaturesDesign Speed N/A 25 mph 30 mph 25 mph 25 mphDesign Vehicle Pedestrian P (Passenger Car)SU-30 (Single Unit Truck)DL-23 (Delivery Vehicle)DL-23 (Delivery Vehicle) Curbing*Optional Vertical Faced Curb Not required Vertical Faced Curb Vertical Faced Curb Vertical Faced Curb Vertical Faced Curb Curb Radius N/A 5’ Min, 15’ Max 5’ Min, 15’ Max 5’ Min, 15’ Max 5’ Min, 15’ Max One-Way Traffic N/A Permitted Permitted Not Permitted Not Permitted Center/Left Turn In N/A Not Permitted Permitted Not Permitted Not PermittedMedianN/A Permitted only as Traffic Control Device or Gateway Permitted only as Refuge Island Permitted only as Traffic Control Device or Gateway Permitted only as Traffic Control Device or GatewayTransit Facilities N/A Discouraged Encouraged Encouraged EncouragedOwnershipPrivatePublic or Private Public or Private Public or Private Public or Private Description Pedestrian streets are narrow pedestrian right of ways that cut through blocks in residential and/or commercial areas or provide a special pedestrian-oriented frontage to buildings adjacent to parks or natural features. Pedestrian passes allow for pedestrian shortcuts, add additional network connectivity, provide access to businesses and dwellings, and/or provide secondary or rear entrances. Pedestrian passes include landscaping, seating, and other amenities, as such, a pedestrian pass may feel more like a public square or park. Narrow Streets are a special residential street type within the local street network that provides for greater intimacy and ambiance as well as traffic calming because of its limited width. Its application should be targeted to areas where through trips are undesirable or unlikely and where parallel alternative routes are accessible. Support Streets are side streets parallel or perpendicular from primary thoroughfares with higher levels of activity (Destination Streets, Commercial Streets, Avenues, or Commercial Boulevards). Support Streets allow for a harmonious transition from high activity along the primary thoroughfare into the surrounding land use context. Support Streets provide space for deliveries and additional on-street parking, especially where those uses may be constrained on the primary thoroughfare. Bike Boulevards connector street type which is meant to convey vehicles and pedestrians alike from neighborhood to neighborhood and from neighborhood to destination. Bike Boulevards connector street type which is meant to convey vehicles and pedestrians alike from neighborhood to neighborhood and from neighborhood to destination. The greenbelt may consist principally of hardscape elements but must include sufficient access to soil for required trees. *Curb removal may be approved for local streets at discretion of ZA / DRB See notes on Page 3. ** See Section 13.01 for width of aisle for angled parking Street Design Controls Notes: Neighborhood Street Sidewalk Share the road Parallel One side maximum 8’ 2 Lanes DL-23 (Delivery Vehicle) 5’ Min, 15’ Max Not Permitted 9’ Min, 10’ Max 20’ Min, 26' Max 25 mph Public or Private Neighborhood Streets are the default street type for residential areas and form the basic structure of the local street network. May also serve as a short connector street in more urban settings Not PermittedPermitted only as Traffic Control Device or GatewayDiscouraged A. Design Speed and Design Vehicle. The specified design speed and design vehicle shall be applied as design controls, unless an alternative is approved by the Development Review Board based on site specific considerations. Target speed shall not be used as a design control per se, but should guide decisions within the given range of potential values based on the selected design speed. B. Bikeways. Where another plan or ordinance specifies a higher class of bikeway, said document shall supersede the typology. C. Curb Radii. The physical curb radius may be greater than the specified range, but only if the effective radius remains within the range. Example: where a bump-out or neck-down extends the curb. D. Bus Routes. When the specified design vehicle is smaller than the transit vehicle on street segments occupied by either operating or planned fixed route service, the design vehicle shall be adjusted to match the transit vehicle. However, the design of the curb radii should only be altered at corners affected by routine turning movements by the transit vehicle. E. Cross Section Graphics. The cross sections depicted for each street type do not specify the required cross section for that street type. The cross section graphics depict a typical envisioned street design based on the dimensional standards. Page 154 of 346 ARTICLE 11A: STREET TYPOLOGIES ARTICLE 11A STREET TYPOLOGIES Street Type Category Off-Street Bike/Ped Facilities Required Facility Type Facility Sides Facility Width Alternatives Greenbelt / Furniture Zone Minimum Width (each side) Landscaping On-Street Bike/Ped FacilitiesMinimum required Options Parking Requirements Sides of Street C (Parking Ln Width) Vehicular Lanes# Through Lanes Travel Ln Width E (Pavement Width)F (ROW Width) Design FeaturesDesign SpeedDesign Vehicle Curbing* Curb Radius One-Way Traffic Center/Left Turn InMedian Transit FacilitiesOwnership Description Notes: Industrial Access Road Rural Connector Avenue Path Alley Collector Collector - Arterial Arterial Per Official Map Per Official Map Rec path on one side; sidewalk on other N/A N/A N/A N/A 1 side each type N/A N/A N/A N/A 6’ Min to 10’ Max sidewalk; 10' Min rec path N/A N/A Sidewalk/rec path can be split to each side of road 5’ Min 5’ Min 6’ Min, 12’ Max N/A N/A Rec Path One Side - 10' Min 5’ Min Bike Lane Each Side 4' Bike Lane Location and DirectionalMarkings*Not Required 5' cycletrack (each direction) can replace bike lanes Parallel Not Permitted Parallel/Angled N/A Not Permitted One side maximum N/A Permitted N/A N/A 8'Not Permitted Per LDRs**N/A N/A 2 Lanes 2 Lanes 2 to 4 Lanes N/A 1 Lane 11’ Min, 13’ Max 11’ Min, 12’ Max 10’ Min, 12’ Max N/A N/A 22’ Min 22’ Min 36’ Min, 80’ Max 10’ Min, 14’ Max 16’ Min., 20’ if for Fire Access 60’ Min 50’ Min 66’ Min N/A N/A 25 to 30 mph 30 to 45 mph 30 mph N/A N/AWB-50 (Semi-trailer)P (Passenger Car)SU-30 (Single Unit Truck)Bicycles DL-23 Not Specified Not Specified Vertical Faced Curb No Curb No Curb 15’ Min, 30’ Max 5’ Min, 15’ Max 10’ Min, 20’ Max N/A 5’ Min, 15’ Max Not Permitted Not Permitted Not Permitted N/A Permitted Permitted Permitted for Left Turns Permitted N/A Not PermittedPermittedPermittedPermittedN/A N/A Encouraged Encouraged Encouraged N/A Not PermittedPublic or Private Public Public Public or Private Private An Industrial Access Road is a road providing access to industrial sites which facilitates the movement of goods, but also provides a safe and comfortable route for employees and customers regardless of travel mode. A Rural Connector is a street providing additional connectivity and access to the swaths of land between the few major thoroughfares crossing rural areas. Avenues are major thoroughfares meant to provide connections between neighborhoods, commercial areas, and regional destinations while also serving nearby local populations. This route should be designed to safely and conveniently facilitate medium and longer distance trips for drivers, pedestrians, bicyclists, and transit riders, while also serving as aesthetically pleasing gateways for the community. Paths are right of ways reserved exclusively for non-motorized users (pedestrians, bicyclists, skaters, runners, etc.). Paths serve primarily as recreational corridors, but can serve as transportation corridors when designed to connect conveniently to residential, civic, commercial, and/or industrial land uses. Alleys provide rear access to residential and commercial properties and a space for parking, utilities, sanitation, and other uses that might otherwise degrade the public realm if located before the frontage. The greenbelt may consist principally of hardscape elements but must include sufficient access to soil for required trees. Medians measuring 9’ or more in width shall be planted with street trees at an average spacing of no more than 50’ on center. Page 155 of 346 ARTICLE 11B: CIVIC SPACE/AMENITY REQUIREMENTS - NEIGHBORHOOD LEVEL ARTICLE 11B CIVIC SPACE/ SITE AMENITY REQUIREMENTSNEIGHBORHOOD LEVEL Type Civic Space Civic Space Civic Space Civic Space Civic Space; Site Amenity Civic Space; Site Amenity Civic Space; Site Amenity Civic Space; Site Amenity Civic Space; Site Amenity Neighborhood Park Greenway Green Square Plaza Pocket Park Pocket Plaza Playground Community Garden FBC applicability (where may be located)T3, T3+, T4 T3, T3+, T4 T3, T3+, T4 T4, T5 T4, T5 All T4, T5 All All PUD All PUD Types All PUD Types CON, TND, NCD TND (8+DU/A), NCD, IRD NCD, IRD--Mixed Use All PUD Types NCD, IRD-Mixed Use All PUD Types All PUD Types Description Informal, primarily natural green space managed for passive unstructured recreation, limited structured recreation, and community gatherings, events. Linear, informal, primarily natural green space that typically borders and may incorporate a natural feature such as a riparian or habitat corridor, or a connecting recreation or pedestrian path. Informal but well-defined natural and landscaped green space, designed and managed for passive, unstructured recreation, limited structured recreation, social interaction, and neighborhood gatherings, events. Formal, well-defined and landscaped, outdoor living space designed and managed for passive, unstructured recreation, limited structured recreation, social interaction, and neighborhood gatherings, events. Formal, well-defined, landscaped and hardscaped outdoor living space, designed and managed for foot traffic, social interaction, civic and commercial activities and events, and use by adjoining businesses. A small, landscaped green space, designed and managed as an outdoor living "room" for more limited passive recreation and social interaction. A small, formally landscaped and hardscaped outdoor area or "room," designed and managed for foot traffic, social interaction, and limited civic and commercial activities. Open space designed and equipped for children; may be included in other open/civic space types. Open space consisting of a grouping of garden plots for use by neighborhood residents; may be included in other open/civic space types. Service Area Intended to serve multiple neighborhoods located within walking or biking distance (1/2 mile) of the park. Typically located between adjoining neighborhoods. May also serve as a buffer area between incompatible development. Intended to serve and connect multiple neighborhoods, open space areas, public facilities, and mixed use centers, as part of the City's planned open space and recreation path network. Typically located within edge/buffer areas; may serve as a buffer area between incompatible development. Intended as the focal point of a residential or mixed use neighborhood that serves to enhance neighborhood identity and character, and accommodates neighborhood gatherings and events. Typically centrally located to the area (streets, blocks) it serves. Intended to serve as a focal point, and outdoor living space, in a more urban, higher density residential or mixed use neighborhood. Typically centrally located to the area (streets and blocks) it serves; may also front civic buildings. Intended to serve adjacent sites on a street or block face within a more densely developed commercial or mixed use area. Typically located at a street intersection, but may also be located midblock. Intended to serve the immediate area (street, block) within walking distance (1/4 mile), including adjoining residences and businesses. Typically located mid-block, or on a street corner. Especially suited for infill development in neighborhoods that lack open space. More urban version of a pocket park; intended to serve the immediate area (street, block) within walking distance (1/4 mile), including adjoining residences and businesses. Typically located mid-block, or on a street corner. May be a type of civic space, feature within a civic space, or a building amenity. May be a type of civic space, feature within a civic space, or a building amenity. Typical Features Paths, trails, trees, ballfields, playground, dog park, play area, community garden, small accessory structures, seating; may include a small farm in appropriate context; may include limited onsite parking. Recreation path, trail, trees, small accessory structures, water fountains, seating areas, overlooks; vehicle parking limited to access points/trail heads. Paths, trails, seating areas, trees, gardens, public art, small accessory structures; no onsite parking. Formally arranged paths, trees, gardens, seating areas, public art, fountains, small accessory structures, no onsite parking. Seating areas, vendor areas, public art, fountains, ornamental trees, planters, small accessory structures/buildings; no onsite parking. Path, seating area, trees, gardens, community garden playground, public art, small accessory structure; no onsite parking. Seating area, vendor area, public art, fountain, ornamental trees, planters, small accessory structures; no onsite parking. Playground equipment, fountains, small accessory structure (e.g., shelter), seating area. Garden plots, accessory facilities/structures (e.g., water source, equipment shed); limited/no parking. Lot Size Minimum: 3 acres Maximum: None Minimum Width: 50 FT No minimum length or overall size; but must be designed to serve the entire development, and to connect to the existing or planned path or open space network in the vicinity of the project. Minimum: 20,000 SF Maximum: 120,000 SF Minimum: 20,000 SF Maximum: 80,000 SF Minimum: 20,000 SF Maximum: 60,000 SF Minimum: 2,000 SF Maximum: 20,000 SF Minimum: 2,000 SF Maximum: 20,000 SF Minimum: 2,000 SF as a Civic Space; 1,500 SF as a Site Amenity Minimum: 5,000 SF as a Civic Space Lot Coverage 0% Min, 30% max 0% Min, 30% max 0% Min, 20% max 0% Min, 30% max 60% min, 100% max 0% min, 50% max 60% min, 100% maxFrontageIndependent of building frontage; typically fronts on at least one public street; and may be accessed via one or more streets, recreation, or pedestrian paths. Independent of building frontage or bordering streets, but a street may serve as a boundary. Typically accessed via intersecting streets, recreation, or pedestrian paths. In developed areas, maybe spatially defined by landscaping or attractive fencing. Typically has frontage on two or more streets with adjacent buildings and main building entrances facing the Green. Civic building lots, where present, also border and front on the Green. Typically has frontage on one or more streets, with adjacent buildings and main building entrances facing the Square. Civic building lots, where present, typically also border and front on the Square. Typically has frontage on one or two streets, with adjacent buildings that front on or have public entrances facing the Plaza. Prominent civic buildings, where present, may also front on the Plaza. Typically has frontage on one or two streets; and may be spatially separated from adjoining properties by attractive fencing and landscaping that define the space. Typically has frontage on one or two streets, and is defined and enclosed by adjacent building facades, with compatible architectural elements, such as low walls, screening, or fencing and landscaping that define the space. If a civic space, must be accessible from public street If a civic space, must be accessible from public street Other:May also serve as a feature within a different applicable Civic Space (1) See "Shared Garden Space" for the Site Amenity version of this use. (2) may also serve as a feature with a different applicable Civic Space. Notes: Neighborhood Civic Spaces may include or incorporate stormwater management practices. Any such practice must be designed to service the description and service intent of the applicable service space type and complement the features. The Board may exclude stormwater practices from the calculation of minimum civic space requirements where it finds the practices to be excessive to the primary purpose of the civic space type. Page 156 of 346 ARTICLE 11B: CIVIC SPACE/AMENITY REQUIREMENTS - SITE LEVEL ARTICLE 11B CIVIC SPACE/ SITE AMENITY REQUIREMENTSSITE LEVEL Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Type Outdoor Café/ Restaurant Seating Sun Terrace Indoor Park/Atrium Courtyard Shared Garden Space Rain Garden Snippet/ Parklet Pedestrian Pass Streetfront Open Space Private Yard Space Enhanced or Recreational Wetlands/Stormwater Treatment Area Wooded Area Applicability All FBC Districts (must be associated with a restaurant) Buildings having 3 or more stories in T4 and T5 T4, T5 All FBC Districts All FBC districts.All FBC districts All FBC districts; Parcels with land within the Urban Design Overlay District.T4, T5 All FBC districts T-3 and T3+ Onsite in FBC T3 and T3+ unless counting as off-site open space for T4 and T5 and meeting all of Onsite in FBC T3 and T3+ unless counting as off-site open space for T4 and T5 and meeting all of Description & Service Intent An open-air seating area provided by a restaurant located on the subject or adjoining property, where restaurant patrons can eat or drink. Accessible and open area on upper story with seating and gathering amenities. Interior open space where at least one wall facing the street consists entirely of glass. Common Open Space area on a portion of a lot. Land set aside and maintained for production of food to be used primarily for participating gardeners. A shallow depression planted with native plants that captures rainwater runoff from impervious urban areas. Small sitting area clearly intended to provide welcoming respite between or adjacent to buildings. May serve general public, employees, residents, or customers. Narrow pedestrian right of ways that cut through blocks in residential and/or commercial areas. Liner open space area to secondary streets, as permitted per the Regulations. Private yard space associated with a residential unit.An existing wetland buffer or new stormwater treatment area which offers public amenities that exceed those minimally necessary for water resource management. Naturally occurring area with predominance of canopy trees with enhancement and public access. Size Minimum 100 sq. ft.500-3,000 s.f.; total area shall not count as more than 50% of the minimum required qualifying open space. Minimum area 1,500 s.f.. Minimum ceiling height 20'. Area to be counted as qualifying open space shall not exceed twice the area of the glass wall. 5,000-20,000 sq. ft.Minimum 400 square feet. Encouraged to serve at least 20% of units in multifamily developments. Maximum size of 3,500 sf; shall not count as more than 50% of minimum required qualifying open space. 600-4,000 sq. ft.8' minimum width; 24' maximum width.50' minimum depth from closest public street line; or if private, 50' minimum depth from edge of pavement or sidewalk as applicable. As directed by minimum requirements. Shall include the land of the improvement (such as enhanced path, viewing platform, etc.) and 50 feet to either side; total area shall not count as more than 50% of minimum required qualifying 2,500 sq. ft. minimum; Shall include the land of the improvement (such as enhanced path, viewing platform, etc.) and no more than 50 feet to either side; total area shall not count as Location & Access Highly visible, directly adjacent to public right of way. See additional public realm standards below. Second floor or above. Encourage location in places which have spectacular views. Accessible directly from the sidewalk or public corridors. For T5 Non-Residential, must provide adequate signage about location and accessibility in hallways and elevators. Building interior adjacent to sidewalk or public open space. Direct access from street level. Provide several entrances to make the space available and inviting to the general public. Physically defined by surrounding buildings on three or four sides.May not be located in any class wetland or wetland buffer. Shall have proper drainage. The garden should be positioned near a runoff source like a downspout, driveway or sump pump to capture rainwater runoff and stop the water from reaching the sewer system. Must be directly adjacent to public right of way and sidewalk or operable building entry. Applicants are encouraged to consider lighting and safety in design. No vehicular traffic. Must connect two public streets. Storefronts and restaurants are highly encouraged to access the pedestrian pass. Must be immediately adjacent to qualifying secondary street. See Chapter 8 for additional regulations. Must be on each side of roadway, unless a complying building is located on the opposite side. Directly adjacent to and accessible to at least one entry of the associated dwelling unit. Must be visible to public or tenants and users of building. Direct pedestrian access from adjacent public street type. Must be accessible, at minimum, by residents, tenants, or customers of site. Must be onsite. Offsite wooded areas shall not be considered qualifying open space even where the LDR permit open space to be located off-site. Seating*, Tables, Etc. Seating material shall be of moderate to high quality in order for café space to be considered qualifying open space. One seating space for every 50 s.f.. of terrace area. Provide one seat for every 100 s.f.. of floor area, one table for every 400 s.f.. of floor area. At least one half of seating to consist of movable chairs. One seating space for each 500 s.f.. of courtyard area, with a minimum of 10 seating spaces. None required. The space must serve as a visual amenity which can be enjoyed through paths or seating. Adjacent seating, proportionate with the size of the garden and number of users, intended to enhance the garden is required and can be counted as part of the required open space. Seating must be the main focus of the space. Seating must be present year-round and composed of high quality materials. Fixed seating is required unless the applicant demonstrates that moveable seating will meet the stated goals of the type. One seating space for each 150 s.f..Seating is encouraged, but there shall be no minimum requirement.No requirements. If functional for sitting and viewing, seating can be ledges, benches, and/or stairs. Light enhancement expected. Must include improvements, including cleared paths and benches. Landscaping, Design For optional separated seating areas, use planting boxes of interesting patterns of plants, open fences of less than 3 feet in height, or decorative and moveable bollards with decorative chain connectors. Terrace may take one of the following forms: complex architectural setting which may include art works; flower garden; space with trees and other planting. Planted roofs are permitted provided area is also a functional seating space. Provide attractive paving material to create interesting patterns. Use rich plant material. Incorporate sculpture and/or water feature. If paved, area shall be amended throughout with substantial planted areas or large planters of trees and lush greenery. If grassed, area should be articulated at perimeter with lush greenery. Must have adequate planting soils, tested for pH balance, drainage, nutrients, etc. (proof provided prior to Certificate of Occupancy). Where they are inadequate, soils shall be amended for more suitable farming. Shall have water service directly to gardens. Raised planters or other semi-permanent infrastructure encouraged. Deep rooted native plants and grasses.Landscaping shall also be a primary component of the space. Because the space is inherently small, it shall be carefully landscaped in a higher proportion than larger spaces. Landscaping should not interfere with seating, but instead complement it. Spaces should appear warm and inviting and permanent rather than temporary. If paved, area shall provide trees or large potted plants at no more than 50 foot intervals. If grassed, area shall be accented with intermittent trees or public art. Slight, gentle, and undulating berms from 1-3 feet in height are encouraged to block views of parking areas. Ever-green landscaping is required. Include canopy trees whose branches are above the average visual line of sight, located throughout the space, with no more than 40 feet between any two such trees or between a tree and the street or parking area. Landscaping should aim to distract from parking beyond, but should not create dense walls of shrubbery or trees. Artwork is also highly encouraged. No requirements. Landscaping, lawns or planned seating/dining areas (patios and decks) are encouraged. LID techniques; no fencing permitted.Majority of area must be covered with canopy trees. Light enhancement expected. Must include cleared paths, benches, and/or other amenities. Commercial Services, Food May serve as seating area for adjacent restaurant/food service, or be space provided for those bringing their own meals. Dependent on Transect, may possibly be used up to 100% for commercial food services. See Table 8-1. 30% of area may be used for restaurant seating taking up no more than 30% of the seating and tables provided. Not permitted.Not permitted. Not permitted.Permitted.40% of area may be used for restaurant seating. Not permitted.Not permitted. Not permitted. Not permitted. Sunlight and Wind Sunlight encouraged to most of the occupied area at lunchtime. No requirements.No requirements except as noted for street façade to be wall of glass. Encouraged to be south-facing. Sunlight to sitting areas for most of day.Full sunlight. Appropriate to the plant species selection. No requirements.No requirements. Exterior to building. Appropriate to the plant species selection. No requirements. Other Plan shall be established and submitted to ensure continual use and maintenance of the gardens, whether by residents, association, property owner or property manager. See LID language for additional standards. Bicycle parking may be permitted within these areas; however, the space dedicated to bicycle parking shall not count towards meeting the open space requirements. Separate travelled way from parking areas; shall create pedestrian environment. Must be located on applicant-owned property. Seating dimension*Depth: 14" one-sided; 30-36" double-sided. Materials note: *Required dimensions for one seating space or one seat are as follows:Height: 12" to 36"; ideally 17"; must allow user to bend knees and have feet below knees. All products installed in qualifying open spaces shall be of high quality materials intended to be used for commercial application. Page 157 of 346 ARTICLE 11C BUILDING TYPES Description PUD Types Dwelling Units Lot Area Lot Width Building Height Setbacks Frontage Buildout Frontage Types Pedestrian Access Vehicle Access, Parking Outdoor Access HOUSING TYPES See Illustrations (DU)Square Feet (SF)Feet (FT)Stories Feet (FT)% Lot Width See Illustrations See Illustrations See IllustrationsCottageA compact, detached housing type, consisting of a single, principal dwelling unit with a total footprint 1,200 SF or less, on a small lot that fronts on a local street or shared courtyard, with limited front, side, and rear yards. The equivalent of a single family dwelling as defined under the Regulations. Intended to contribute to the variety and mix of housing available within a walkable residential or mixed use neighborhood, to include compatible Cottage Court housing arrangement (see T-3 “Cottage Court” standards). TND 1 DU/Lot, not including ADU Cottage Court Min: 3 DU,Max: 9 DU/ Site Min: 3,000 SFMax: 5,000 SF Cottage CourtLot area may be reduced to 1,200 SF Min: 30 FT Max: 50 FT Cottage Court Lot width may be reduced. Min: 1.0 Max: 1.5 Front (BTZ): 10 to 25 FT Side: Min: 5 FT Rear: Min: 10 FT, or 5 FT from a rear alley Cottage Court: Setbacks may be reduced to 5 FT Not applicable.Dooryard Porch Stoop One main entrance per building. Main entrance must face the street, common civic space, or a shared courtyard, and be accessed from the street by a connecting walkway. Secondary entrance(s) to the side or rear. Access Rear Lot: Alley, Service Lane Front Lot: Shared Driveway, only if no viable rear access exists Parking On-Street: by Street Type, within lot frontage Front Lot: Driveway, outside of BTZ Rear Lot: Pad, Detached Garage Off-Lot: Shared Detached House A detached housing type, consisting of a single, principal dwelling unit with a total footprint greater than1200 SF on a lot that fronts on a local street or shared civic space and has front, side, and rear yards. The equivalent of a single family dwelling as defined under the regulations. Typically the most common housing type within a walkable, low to moderate density residential neighborhood. TND 1 DU/Lot, not including ADU Min: 5,000 SFMax: 10,000 SF Min: 50 FT Max: 80 FT Min: 1.5 Max: 2.5 Front (BTZ): 10 to 25 FT Side: Min: 10 FT Rear: Min: 10 FT, or 5 FT from a rear alley Not applicable.YardDooryardPorchStoop One main entrance per building. Main entrance must face the street or shared civic space, and be accessed by a connecting walkway that is separate from the driveway. Main entrance must be prominent, visually prominent, and separate from an attached garage entrance. Secondary entrance(s) to the side or rear. AccessRear Lot: Alley, Service LaneFront Lot: Single or Shared Driveway Side (Corner) Lot: Single Driveway Parking On-Street: by Steet Type, within lot frontageFront/Side Lot: Attached Garage, PadRear Lot: Detached Garage, Carriage House, Pad Footprint: Tuck Under, loaded from front or rear Carriage House A detached, accessory housing type that is located on the same lot, and to the rear of a Detached House or Cottage. A Carriage House is the equivalent of an Accessory Dwelling Unit as defined under the Regulations. A Carriage House must be clearly subordinate in size and scale, and architecturally similar to the principal dwelling on the lot. Intended to provide affordable housing within a walkable residential neighborhood. TND 1 ADU/Lot Not applicable.Not applicable.Min: 1 Max: 1.5 Must be located a minimum of 10 FT behind the principal building, and meet required side and rear setbacks applicable to the principal building. Not applicable.Not applicable. But must have a either shared or dedicated yard area or outdoor space for use of residents. Private entrance; accessible by a connecting walkway from front or side street, or rear alley.AccessRear Lot: Alley, Service LaneFront Lot: Shared Driveway, with principal dwellingSide Lot: Single Driveway Parking On-Street: by Street Type, along lot frontageSide Lot: Driveway, outside ROW Rear Lot: Pad Footprint: Ground Floor May also be shared with principal dwelling. Duplex A housing type that consists of two dwelling units, either attached, on individual lots, separated by a common dividing wall along the property line; or stacked on a single lot, separated by floor level; with individual or shared front, side, and rear yards. The equivalent of a Two-Family Dwelling as defined under the Regulations. A Duplex is similar in size, scale, and appearance to a Detached House, and is designed to fit within a traditionally single family neighborhood. Intended to provide additional housing options within walkable neighborhoods. TND 1 to 2 DU/Lot Attached: Min: 2,500 SFMax: 5,000 SF Stacked: Min: 5,000 SF Max:10,000 SF Attached: Min: 25 FT Max: 50 FT Stacked:Min: 50 FTMax: 80 FT Min: 1.5 Max: 2.5 Front (BTZ): 10 to 25 FT Side: Min: 0 FT (attached) or 10FT Rear: Min: 10 FT; or 5 FT from a rear alley Not applicable.Yard Dooryard Porch Stoop Maximum of two entrances (one/DU). Main entrance(s) to must face, and be accessed from the street by a connecting walkway. Secondary entrances to the side or rear. Access Rear Lot: Alley, Service Lane, Shared DrivewayFront Lot: Single or Shared DrivewaySide Lot: Shared Driveway Parking On-Street: by Street Type, within lot frontage Front/Side Lot: Attached Garage; maximum of one bay per side, with 10 FT facade setback.Rear Lot: Pad, Detached GarageFootprint: Tuck Under, loaded from front or rearOff-Lot: Shared Townhouse An attached housing type, also referred to as a rowhouse, in which 3 to 5 relatively narrow dwelling units, each separated by a common dividing wall along the property line, form a single row of housing that fronts on the street, common civic space, or a shared courtyard. Each townhouse is located on a separate lot, with a separate entrance, front and rear yard; an end unit may also incorporate a side yard. The equivalent of a Townhouse or Rowhouse, as defined under the Regulations. This housing type typically shares uniform plans, fenestration, and architectural elements, but should also incorporate some variation between individual units. Intended to provide more concentrated housing options within walkable neighborhood or mixed use centers. TND 1 DU/Townhouse 3 to 5 Townhouses/ Row Min: 1,200 SFMax: 3,000 SF Min: 20 FTMax: 30 FT Min: 2.0 Max: 2.5 Front (BTZ): 10 to 20 FT Side: Min: 0 FT (attached), or 10 FT (end) Rear: Min: 10 FT; or 5 FT from a rear alley or shared parking area Not applicable.Dooryard Porch Stoop One main entrance per unit. Main entrance to each unit must face the street, common civic space, or a shared courtyard and be accessed from the street by a connecting walkway. Secondary entrances to the rear. Access Rear Lot: Alley, Service Lane, Shared Driveway Parking On-Street: by Street Type, within lot frontage Rear Lot: Pad, Detached GarageFootprint: Tuck Under, accessed from rearOff-Lot: Shared, screened surface parking, connected by a common pedestrian walkway. Multiplex, Small A single, detached, multiunit residential building that includes three or four dwelling units on a single lot, with shared front, side, and rear yards, and shared parking. Similar in size, scale and appearance to a larger Detached House, to fit within the context of a traditional single family residential neighborhood, typically on a larger corner lot. A type of Multifamily Dwelling, as defined under the Regulations. Intended to allow for compatible, well-designed residential or infill development that provides housing options within a walkable, predominantly single family or mixed use neighborhood. TND 3 to 4 DU/Building, Lot Min: 5,000 SFMax: 10,000 SF Min: 50 FT Max: 100 FT Min: 2.0Max: 2.5 Front (BTZ): 10 to 20 FT Side: Min: 10 [5] FT Rear: Min: 10 FT; may be reduced to 5 FT from rear alley Not applicable.YardDooryardPorchStoop One main entrance per building, except on a corner lot. Main building entrance(s) must face and be accessed from street by a connecting walkway. Secondary entrances to the side or rear. Access Rear Lot: Alley, Service Lane, Shared Driveway. Front Lot: Shared DrivewaySide Lot: Shared Driveway Parking On-Street: by Street Type, within lot frontage Rear/Side Lot: Screened surface parking, connected by a common pedestrian walkway. Upper story dwelling units, and ground floor dwelling units without direct access to the outdoors, must provide access to a useable outdoor space such as a rooftop, balcony, courtyard, or similar space that is private to the unit or to the occupants of the building. Multiplex, Medium A detached multistory residential building that includes 5 to 12 dwelling units on a single lot, with shared yards, courtyard, or designated common space areas, and shared parking. A type of Multifamily Dwelling, as defined under the regulations. Nonresidential uses, other than accessory uses or amenities specifically intended for access and use by building residents, are prohibited. Intended to provide compatible residential or infill development within walkable, moderate density mixed use neighborhoods. TND 5 to 12 DU/ Building, Lot Min: 10,000 SFMax: 25,000 SF Min: 75 FT Max: 200 FT Min: 2.0 Max: 2.5 Front (BTZ): 10 to 20 FT Side: Min: 10 FT Rear: Min: 10 FT; may be reduced to 5 FT from rear alley Not applicable.YardForecourt Porch Main building entrance(s) must face the street or a shared courtyard and be accessed from the street by a connecting walkway. Secondary entrances to the side or rear. Access Rear Lot: Alley, Service Lane, Shared Driveway Front Lot: Shared DrivewaySide Lot: Shared Driveway Parking On-Street: by Steet Type, within lot frontageSide/Rear Lot: Screened surface parking, connected by a pedestrian walkwayFootprint: Ground Floor (Pedestal), Underground; accessed from side or rear Upper story dwelling units, and ground floor dwelling units without direct access to the outdoors, must provide access to a useable outdoor space such as a rooftop, balcony, courtyard, or similar space that is private to the unit or to the occupants of the building. MIXED USE & NONRESIDENTIAL BUILDING TYPES Page 158 of 346 HOUSING TYPES See Illustrations (DU)Square Feet (SF)Feet (FT)Stories Feet (FT)% Lot Width See Illustrations See Illustrations See IllustrationsCottage Commercial A small, detached nonresidential or mixed use building on a single lot with front, rear, and side yards, which is similar in scale and appearance to a Detached House. May accommodate a mix of compatible residential and nonresidential uses intended primarily to serve the local neighborhood. TND Max: 1 DU Min: 5,000 SF Max:15,000 SF Min: 30 FTMax: 100 FT Min: 1.5 Max: 2.0 Front (BTZ): 10 to 20 FT Side: Min:15 FT Rear: Min: 10 FT, or 5 FT from a rear alley Not applicable.Yard Dooryard PorchStoopStorefront One main entrance per building. Main entrance must face the street or a common civic space and be accessed from the street by a connecting walkway. Secondary entrance(s) to the side or rear. AccessRear Lot: Alley, Service Lane, Shared DrivewayFront Lot: Single or Shared DrivewaySide Lot: Single Driveway Parking On-Street: by Steet Type, within lot frontageSide/Rear Lot: Screened surface parking, connected by a common walkway Off-Lot: Shared off-site or public parking Live/Work An attached, mixed use variant of the Townhouse, consisting of an upper story dwelling unit, and ground story nonresidential space that fronts on the street, and is intended to accommodate a home-based business, studio, or storefront that is owned, managed and operated by the building resident. TND 1 DU/Live Work Townhouse 3 to 5 Townhouses/ Row Min: 1,200 SF Max: 3,000 SF Min: 20 FT Max: 30 FT Front (BTZ): 10 to 20 FT Side: Min: 0 FT (attached), or 15 FT (end) Rear: Min: 10 FT; or 5 FT from a rear alley or shared parking area DooryardPorch Stoop Storefront One main entrance per unit. Main entrance to each unit must face the street, common civic space, or a shared courtyard and be accessed from the street by a connecting walkway. Secondary entrances to the rear. AccessRear Lot: Alley, Service Lane, Shared Driveway Parking On-Street: by Steet Type, within lot frontage Rear Lot: Pad, Detached GarageOff-Lot: Shared, screened parking located behind townhouse lots, connected by a common pedestrian walkway. Neighborhood Storefront A small, detached nonresidential or mixed use building, such as a corner store, with a footprint of 1,500 to 3,000 SF, which is designed to fit into the fabric of a walkable, residential neighborhood, and to accommodate neighborhood commercial uses accessible to the general public on the ground floor (street level), and compatible upper story residential or nonresidential uses. Residential uses are prohibited on the ground floor. TND Not applicable.Min: 5,000 SF Max: 20,000 SF Min: 50 FT Max: 100 FT Min: 1.5 Max: 2.5 Front (BTZ): 10 to 20 FT Side: Min: 15 FT Rear: Min: 10 FT; or 5 FT from a rear alley or shared parking area Forecourt Storefront One main entrance per building. Main building entrance must face the street and be accessed from the street by a connecting walkway. Secondary entrances to the side or rear. AccessRear Lot: Alley, Service Lane, Shared Driveway Front Lot: Single or Shared Driveway. Side Lot: Single Driveway Parking On-Street: by Steet Type, within lot frontage Side/Rear Lot: Screened surface parkingOff-Lot: Shared, off-site or public parking Civic Building A detached or attached principal building intended for civic use that varies in size and scale in relation to its development context – ranging from a small neighborhood community center to a large public building designed for public assembly and use. A civic building is typically centrally located to the neighborhood or area it serves and is designed to stand apart from its surroundings. A civic building may be developed in association with or independently from a Civic Space. TND Not applicable.Min: 5,000 SF Max: N/A Min: 50 FT Max: N/A Min: 1.5 Max: By PUD Type Front (BTZ): 10 to 20 FT Side: Min: 0 FT (attached), or 15 FT (end) Rear: Min: 10 FT; or 5 FT from a rear alley or shared parking area Not applicable.Minimum of one main entrance per building. Main building entrance(s) must face the street or a civic space and be accessed from the street by a connecting walkway. Secondary entrances to the side or rear. Access Rear Lot: Alley, Service Lane, Shared Driveway Front Lot: Single or Shared DrivewaySide Lot: Single Driveway Parking On-Street: by Steet Type, within lot frontage Side or Rear Lot: Screened surface parking. Off-Lot: Shared off-site or public parking [Reserved] (3) A front facing garage must be positioned a minimum of 5 FT behind the front façade (wall plane); extend no more than 40% of the width of the house; and must include windows and architectural treatments that blend in with the principal façade and serve to minimize its visual impact as viewed from the street. (4) All side or rear lot surface and ground floor (pedestal) parking associated with a multi-family, nonresidential, or mixed use must be screened from the street, and adjacent Supplemental Standards Accessory Structures: (1) Detached accessory buildings, where allowed, must be located to the rear of the lot behind the principal building, meet minimum side and rear setback requirements applicable to the principal building, and be clearly subordinate in size and scale to the principal building. Cottage Court Standards (1) For Cottages in a Cottage Court arrangement, see associated site, courtyard, and lot standards specific to a Cottage Court under T-3 “Cottage Court” (p. ___) Parking Standards: (1) All onsite parking areas and structures must meet required side and rear lot setbacks, unless shared with an adjoining property. Single or shared driveways may be located within side yard setbacks. (2) An attached garage must be set back 12 FT from the front facade (wall plane), unless otherwise specified by Building Type. Page 159 of 346 ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS South Burlington Land Development Regulations 12 ENVIRONMENTAL PROTECTION STANDARDS 12.01 General Protection Standards, Classifications and Review Procedures 12.02 Restricted Infrastructure Encroachment 12.03 Steep Slopes 12.04 Habitat Block Overlay District 12.05 Habitat Connector Overlay District 12.06 Wetland Protection Standards 12.07 River Corridor Overlay District - RCO 12.08 Floodplain Overlay District (FP) 12.01 General Protection Standards, Classifications and Review Procedures A. Purpose. It is the purpose of this Article to implement, from a regulatory perspective, the Comprehensive Plan’s goal of “emphasizing sustainability for long-term viability of a clean and green South Burlington” and objective to “promote conservation of identified important natural areas, open spaces, aquatic resources, air quality, arable land and other agricultural resources, historic sites and structures, and recreational assets” in balance with the overall goals and objectives of the Comprehensive Plan. This Article establishes application requirements and development standards designed to avoid or minimize undue adverse effects on these natural resources. The natural resources regulated in this article may also be subject to specific subdivision or planned unit development standards. Where there is conflict between subdivision or planned unit development standards, and the standards in this article, the standard that imposes the greater restriction shall apply. B. Classification. For the purposes of these Regulations, resources are grouped into Hazards, Level I and Level II Resources. Page 160 of 346 ENVIRONMENTAL PROTECTION STANDARDS ARTICLE 12 South Burlington Land Development Regulations Table 12-01 – Classification of Natural Resources Location in Regulations Initial Identification Field Verification / HDA Hazards Floodplain (1% and 0.2% B2), Floodway 12.08 FEMA FIRM If Requested River Corridor except intermittent streams 12.07 ANR Atlas If requested Class I, II Wetlands, Buffers 12.06 ANR Atlas Required Very Steep Slopes (25+%) 12.03 ANR Atlas If impacted Level I Resources Habitat Block Overlay District 12.04 Habitat Block and Connectors Overlay District Map N/A unless seeking exchange per Section 12.04 Habitat Connector Overlay District 12.05 Habitat Blocks and Connectors Overlay District Map N/A unless seeking modification per 12.05 Level II Resources Floodplain (0.2% Zone B1) 12.08 FEMA FIRM If Impacted Class III Wetlands, Buffers 12.06 ANR Atlas If impacted Steep Slopes (15 to 25%) 12.03 ANR Atlas If impacted River Corridor - Intermittent Streams 12.07 Site Mapping If impacted C. Applicability of Standards. All development must comply with the provisions of this Article, unless otherwise exempted, in order to prevent undue adverse effects on ecological resources, water quality and working lands, unless explicitly waived or amended in this section. The following development is exempt from review under this Section: (1) Construction of fences (a) Under the following circumstances: (i) that enclose cleared areas, such as lawn areas surrounding a residence, provided the clearing occurred prior to November 10, 2021 or was approved by the DRB in accordance with this Article; or (ii) That are erected for standard agricultural purposes or, (iii) That are lower than 4 feet measured from the ground to the highest point of the fence and that have at least 16 inches of clearance between the lowest horizontal part of the fence and the ground. (b) In all cases, proposed fences must comply with section 13.17 (Fences) of these Regulations. (2) Exemptions specified elsewhere in these Regulations. D. Development Review (1) For applications not otherwise subject to Site Plan Review, Subdivision Review, or PUD Review, all development that may encroach upon a natural resource regulated in Article 12 shall be subject to the submission requirements for a Site Plan in Appendix E as relevant to documenting the impact on the Article 12 natural resource(s). Such application shall be reviewed by the Development Review Board as a miscellaneous application. Page 161 of 346 ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS South Burlington Land Development Regulations (2) Administrative Review. When alteration of Steep Slopes and/or Very Steep Slopes (regulated under Section 12.03) is the only encroachment on an Article 12 natural resource, the application shall be subject to administrative Site Plan Review (Section 14.04), unless the application is for a single- household dwelling, a two-household dwelling, or an accessory structure to a single-household or two-household dwelling. Such applications shall be subject to zoning permit review by the Administrative Officer. (3) City Center FBC District. All applications involving development in the City Center Form Based Code District that may impact a Class II or Class III wetland, or the required buffer for a Class II or Class III wetland regulated in Section 12.06 shall be subject to administrative Site Plan Review unless referred to the Development Review Board for Site Plan Review by the Administrative officer (Section 14.04) (4) Stormwater. All applications that solely include development related to stormwater management (Section 13.05) shall be subject to administrative Site Plan Review (Section 14.04). (5) Stabilization of preexisting conditions. Encroachments into Class II Wetland Buffers located more than 50’ from the edge of the wetland, Class III Wetland or their buffers, Habitat Blocks, Habitat Connectors, Steep Slopes, and Very Steep Slopes, for the sole purpose of stabilizing a previously approved, pre-existing structure, driveway, walkway, or land feature shall be subject to administrative Site Plan review, unless the application is exempt from site plan review under Section 14.03. Applications exempted from site plan review shall be subject to zoning permit review by the Administrative Officer and, except as required by the Administrative Officer, shall not be subject to the submission requirements for a Site Plan in Appendix E. The applicant shall demonstrate that the encroachment represents the least possible impact to the specific resource (e.g., location with least adverse impact, designed to minimize disturbance of the resource). Nothing in this subsection alleviates the obligation to comply with all applicable standards of the River Corridor Overlay District and the Floodplain Overlay District. 12.02 Restricted Infrastructure Encroachment A. Purpose. The purpose of this section is to define specific types of “restricted infrastructure” that may be allowed to encroach upon a natural resource regulated in Article 12 and to define the standards that shall be met in order for an encroachment to be allowed. B. Types of Development. Restricted Infrastructure Encroachments are limited to the types of development listed in this subsection: (1) Underground public utilities systems (e.g., water, wastewater, stormwater, electric, broadband, telephone). (2) Public sidewalks and recreation paths (including bridges and boardwalks) intended to connect parcels and neighborhoods, or provide recreational opportunities within areas containing Hazards, Level I Resources, or Level II Resources. (3) Public and Private Street crossings designed to cross Hazards, Level I Resources, and Level II Resources (e.g., designed to minimize disturbance of the subject natural resources). (4) Public and Private Driveway crossings designed to cross Hazards, Level I Resources, and Level II Resources (e.g., designed to minimize disturbance of the subject natural resources). (5) Stormwater Facilities specifically identified as a part of an Environmental Restoration Project. Page 162 of 346 ENVIRONMENTAL PROTECTION STANDARDS ARTICLE 12 South Burlington Land Development Regulations C. Qualifying Criteria. Encroachment into a natural resource may only be allowed if there is a finding that the proposed Restricted Infrastructure Encroachment meets one or more of the following qualifying criteria: (1) Is necessary to repair impacts from a Federally declared disaster, mitigate the future impacts of hazards, and/or necessary for the protection of the public health, safety and welfare; (2) Is for a functionally dependent purpose or use; (3) Is a part of an Environmental Restoration Project; (4) Is on the Official Map; (5) Is for purposes of crossing a natural resource area to gain access to land on the opposite side of the area; or (6) For purposes of providing safe access in accordance with City roadway and connectivity standards to an approved use. D. Development Review Process. Applications involving Restricted Infrastructure Encroachments shall be subject to the development review process outlined in Section 12.01(D). E. Standards. All Restricted Infrastructure Encroachments shall meet the following standards: (1) The encroachment shall not have an undue adverse effect on the subject natural resource and shall meet all specific, applicable standards for Restricted Infrastructure Encroachments into River Corridors (Section 12.07), Wetlands Buffers (Section 12.06), and Habitat Blocks (Section 12.04). (2) Street and Driveway Crossings Not On Official Map. Restricted Infrastructure Encroachment projects involving streets and/or driveways not shown on the City Official Map that cross River Corridors (Section 12.07), Wetlands Buffers (Section 12.06), and/or Habitat Blocks (Section 12.04) may be allowed only upon a determination by the Development Review Board that all resource- specific standards and the following standards have been met: (a) There is no feasible alternative for providing safe access to the developable portion of the property; (b) Alternative accesses through adjacent properties have been considered and, where fewer or no constraints exist, property owners have been contacted to discuss locating the street or driveway on the adjacent property; (c) The requirements of the applicable restriction will cause unnecessary or extraordinary economic hardship; (d) The area served by the encroachment represents more than thirty (30) percent of the total developable land on the parcel; and, (e) The encroachment represents the least possible impact to the specific resource (e.g., location with least adverse impact, designed to minimize disturbance of the resource). Page 163 of 346 ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS South Burlington Land Development Regulations 12.03 Steep Slopes A. Purpose. It is the purpose of this Section to protect the City’s areas of steep and very steep slopes, as mapped and delineated for this purpose, in order to: (1) Prevent erosion and avoid stream sedimentation that may cause undue adverse effects on water quality. (2) Prevent hazards to life and property resulting from slope instability or failure, including rock falls, slides, slumps and other downslope movements of materials or structures. (3) Maintain and re‐establish vegetation on steep slopes to stabilize soils. (4) Ensure that development on steep slopes is constructed and maintained in conformance with best management practices for construction, stormwater management and erosion control. B. Applicability. All development is subject to the standards in this section where steep slopes or very steep slopes are present. C. Application Submittal Requirements. Submittal of a preliminary and/or complete Site Conditions Map (as applicable to the stage of application) pursuant to Appendix E. An analysis of slope stability prepared by a licensed engineer shall also be submitted to ensure that no erosion hazards are created that would have an undue adverse effect on surface waters, wetlands, areas of special flood hazards, or downstream facilities, and any recommended mitigation measures D. Review Process. Per Section 12.01(D), when alteration of Steep Slopes or Very Steep Slopes is the only encroachment on an Article 12 natural resource, the application shall be subject to administrative Site Plan Review (Section 14.09), unless the application is for a single-household dwelling, a two-household dwelling, or an accessory structure to a single-household or a two-household dwelling, in which case the application shall be approved subject to zoning permit review by the Administrative Officer. The DRB or Administrative Officer, as applicable, shall have discretion to waive review under Section 12.03 of any area of Very Steep Slopes or Steep Slopes the DRB or Administrative Officer determine to be de minimis due to its small size and isolation from other Very Steep Slopes or Steep Slopes. E. Standards. (1) Very Steep Slope Standards. Development other than Restricted Infrastructure Encroachment is prohibited on very steep slopes. (2) Steep Slope Standards. (a) All development must be designed to avoid undue adverse effects on steep slopes which may include, but are not limited to, undue clearing of vegetation, excavation, and/or filling. (b) All recommendations of the slope stability analysis submitted with the application shall be required by the DRB or Administrative Officer. F. Exemptions. (1) Removal of Earth Products. Steep slopes and very steep slopes created by an approved removal of earth products use shall be exempt from the regulations of Section 12.03. Page 164 of 346 ENVIRONMENTAL PROTECTION STANDARDS ARTICLE 12 South Burlington Land Development Regulations (2) Environmental Restoration Projects. Environmental Restoration Projects are exempt from the regulations of Section 12.03. (3) Shoreline Restoration Projects. Projects with the primary purpose of restoring the shoreline of a lake, river, or stream through installation of vegetation and other methods that do not include the installation of structures (e.g., retaining walls), are exempt from the regulations of Section 12.03. 12.04 Habitat Block Overlay District A. Purpose. With the main goals of identifying habitat resources that meet the needs of a wide variety of wildlife species and provide opportunities for some species to access several habitat areas, the City engaged a consultant to conduct a City-wide habitat assessment. The “City of South Burlington Habitat Block Assessment & Ranking 2020” prepared by Arrowwood Environmental, LLC, locates and ranks certain contiguous forested areas and adjacent unmanaged shrubby areas of old field, young forest and unmanaged wetlands. Based on the information in that report, the City has designated certain areas permanently as Habitat Blocks. It is the purpose of the Habitat Block Overlay District standards to avoid undue adverse effects from development on these resources, promote the natural succession of vegetated areas of native vegetation in order to support wildlife habitat and movement, promote carbon sequestration, filter air, and increase infiltration and base flows in the City’s streams and Lake Champlain. B. Applicability. The requirements of this Section apply to all areas indicated as “Habitat Blocks” on the Habitat Block and Habitat Connector Overlay Districts Map, except as follows: (1) On lots less than one (1) acre in size existing as of November 10, 2021; (2) On land located within a 50-foot horizontal distance of a principal building existing on the same parcel as of the effective date of these regulations; (3) On land authorized by the Development Review Board to be removed from or added to a Habitat Block pursuant to the modification options of this section. C. Application Submittal Requirements. Submittal of a preliminary and/or complete Site Conditions Map (as applicable to the stage of application) pursuant to Appendix E. Where an applicant elects to perform a Habitat Disturbance Assessment, the submittal requirements of Section 12.04J shall apply. D. Modification of Habitat Block. An applicant may request approval from the Development Review Board to modify a Habitat Block in three ways. A development application may not include more than one option for any application. Land located within the NRP District, Hazards, or Level I Resources, previously approved as open space or conserved land, subject to a deed restriction prohibiting development, subject to a conservation or density reduction easement, or owned by the City of South Burlington or the Winooski Valley Parks District and designated as a park or conservation parcel shall not be eligible for any of the three options to modify a Habitat Block. (1) Habitat Block Boundary Adjustment. An applicant may apply to modify the boundary of a Habitat Block by up to fifty (50) feet in any direction to account for site-specific conditions, upon written request by the applicant as part of the requisite application. Any proposed reduction in Habitat Block area must be offset with adding an equal amount of land contiguous to the Habitat Block within the Page 165 of 346 ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS South Burlington Land Development Regulations same parcel or Planned Unit Development. In no case shall the Development Review Board approve a net reduction of the area of a Habitat Block. (2) Small On-Site Habitat Block Exchange. An applicant may apply to exchange a portion of a Habitat Block not to exceed two (2) acres or ten (10) percent of the application’s total land area, whichever is less, for an equal amount of land within the same Planned Unit Development or Site Plan, without requiring a Habitat and Disturbance Assessment. Core Habitat Block Areas are not eligible for exchange and no exchange shall eliminate Habitat Connectors. The land to be protected through the exchange is not required to be contiguous with the Habitat Block. To approve a small on-site habitat block exchange, the Development Review Board shall require the applicant to: (a) Retain a similar or greater quality and maturity of vegetation within the proposed areas to be protected as in proposed areas to be removed from the Habitat Block; and (b) Prioritize the retention of forest stands in the existing Habitat Block that include trees measuring nine (9) inches diameter at breast height (dbh) . (3) Larger Area Habitat Block Exchange. An applicant may apply to exchange a portion of a Habitat Block larger than allowed under Subsection (2) for an equal amount of contiguous land within the same Habitat Block upon written request, and pursuant to the standards of this Section. The exchange of land within the same Habitat Block may occur within one parcel or on separate parcels. (a) Supplemental Submittal Requirements. (i) Indicate all proposed alterations to the Habitat Block on any required Master Plan, Subdivision, PUD, Site Plan, and all subsequent plans. (ii) Submit a Habitat and Disturbance Assessment (HDA) pursuant to Section 12.04(J) and a written assessment of compliance with the standards contained within this subsection as part of the preliminary application for Subdivision or Site Plan, whichever is applicable. (b) Supplemental Standards of Review. The Development Review Board may approve an exchange of a portion of a Habitat Block if it finds that all of the criteria below are met: (i) The HDA demonstrates the alteration will not result in a reduction in the Habitat Block’s function as a Significant Wildlife Habitat; (ii) Wildlife movement and connectivity between Habitat Blocks will be retained; (iii) Development and infrastructure proposed to be located adjacent to the Habitat Block must be designed to have no undue adverse effects on habitat functions; and (iv) The land that will be added to the Habitat Block is contiguous to the land that will remain Habitat Block after the exchange, such that the modified Habitat Block is a continuous, uninterrupted whole that is not separated by roadways, railways, or other impeding infrastructure. (c) Exchanged Land. Land to be added to the Habitat Block must be identified on the recorded subdivision plat and in associated legal documents. (i) Any land proposed to be added to Habitat Block must have a restoration plan, prepared by a landscape architect, professional wildlife biologist, or equivalent, that will result in the land functioning as a Significant Wildlife Habitat within a period of ten (10) years and being classified as transitional forest or forest by a land use/land cover assessment at that time. E. Standards for Habitat Block Protection. Page 166 of 346 ENVIRONMENTAL PROTECTION STANDARDS ARTICLE 12 South Burlington Land Development Regulations (1) General Standards. Except as specifically exempted pursuant to Subsections 12.04(G)(1) and (2) below, approved by the DRB pursuant to subsection 12.04(G)(3) below, or modified in accordance with Section 12.04(D) above, all lands within a Habitat Block must be left in an undisturbed, naturally vegetated condition including, but not limited to, the following prohibitions. (a) The clearing of trees and understory vegetation is prohibited except as specified in this section. (b) The creation of new lawn areas is prohibited. (c) Snow storage areas are prohibited. (d) Any building envelopes shall not contain any land located within Habitat Blocks. (2) Exempted Uses and Activities. The following uses and activities are exempt from review under this section: (a) Establishment and maintenance of unpaved, non-motorized trails not to exceed ten (10) feet in width, or their width prior to adoption of these regulations, whichever is greater; (b) Removal of invasive species, removal of diseased vegetation, and removal of dead or dying trees posing an imminent threat to buildings or infrastructure; and (c) Uses and activities enumerated in Section 12.01(C). (d) Supplemental planting and landscaping with appropriate species of vegetation to achieve the objectives of this Section is permitted. Nothing in this subsection shall be construed to modify the boundary of a Habitat Block as shown on the Habitat Block and Habitat Connector Overlay Districts Map. F. Development within Habitat Blocks. The DRB may allow the following types of development within a Habitat Block pursuant to the standards contained herein: (1) Restricted Infrastructure Encroachment, pursuant to Section 12.02 and the following supplemental standards: (a) The facility shall be strictly limited to the minimum width, area, and impact necessary to function for its intended purposes. (b) The clearing of vegetation adjacent to the facility shall be strictly limited to the minimum width, area, and impact necessary for the facility to function for its intended purposes. Street tree requirements shall not apply in these areas. Street lighting shall be prohibited in these areas except as necessary to meet State or Federal law. (c) Appropriate measures shall be taken to promote safe wildlife passage, including the reduction or elimination of curbs, reduced speed limits, and/or signage altering users, and underpasses or culverts. (2) Outdoor recreation uses, provided any building, structure, parking, and/or driveways appurtenant to such use are located outside the Habitat Block. Within a public park, structures not exceeding 500 square feet gross floor area are permitted but must be consistent with any adopted management plan for the park. Page 167 of 346 ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS South Burlington Land Development Regulations (3) Research and educational activities, provided any building, structure, parking, and/or driveways appurtenant to such use are located outside the Habitat Block except Research and educational structures not exceeding 500 square feet gross floor area. G. Habitat Block and Habitat Connector Overlay Districts Map. The approval of a modification or exchange of a Habitat Block (pursuant to Section 12.04D, above) shall revise the Habitat Block and Habitat Connector Overlay Districts Map as approved without further action. H. Habitat and Disturbance Assessment (HDA). (1) Purpose. The Habitat and Disturbance Assessment (HDA) is a tool to inventory and quantify significant wildlife habitat and the existence of rare, threatened and endangered species (RTEs), within subject properties with Habitat Blocks and Habitat Connectors . (2) HDA Content Requirements. When an HDA is required by these regulations, it must be prepared by a qualified wildlife biologist or ecologist. The HDA prepared for the Development Review Board shall include the following information: (a) Site Conditions Map, including all Habitat Blocks and Habitat Connectors on or within 200 feet of the project site. (b) An inventory of existing (pre-development) wildlife habitat found on the site, including the presence of rare, threatened, and/or endangered species and significant wildlife habitat, and an inventory of the specific habitat types found on the parcel and their relative importance to the various wildlife species that rely on that habitat for one or more life-cycle function; (c) An assessment of the relationship of the habitat found on the site to other significant wildlife habitat (e.g., for connectivity between mapped habitat blocks; contiguous location to other significant wildlife habitat); (d) The distance of all proposed development activities, including clearing, driveways and infrastructure, and other areas of disturbance, from the significant wildlife habitat and the total area of disturbance and the total area of the remaining (undisturbed) habitat; (e) An assessment of the likely impact of the proposed development, including associated activities (e.g., introduction of domestic pets, operation of vehicles and equipment, exterior lighting, introduction of non-native species for landscaping) on the ecological function of the significant wildlife habitat found on the site. This shall include an assessment of whether travel between Core Habitat Block Areas will be disrupted; and (f) An assessment of the anticipated functionality of the Habitat Block with proposed mitigation measures and a statement identifying specific mitigation measures taken to avoid or minimize the proposed development’s impact on the habitat, including but not limited to buffers from habitat or specific identified species, provisions for substitute habitats with comparable ecological function to the impacted habitat, and/or physical design elements to incorporate into the project. 12.05 Habitat Connector Overlay District A. Purpose. It is the purpose of this Section to maintain the functionality of identified Habitat Connectors, allowing species to travel between identified Habitat Blocks, wetland areas, water bodies, and other natural resources within and adjacent to the City. Page 168 of 346 ENVIRONMENTAL PROTECTION STANDARDS ARTICLE 12 South Burlington Land Development Regulations B. Applicability. The requirements of this Section apply to all areas indicated as “Habitat Connectors” on the Habitat Block and Habitat Connector Overlay Districts Map, except as follows: (1) Lots of less than one (1) acre existing as of the effective date of these Regulations. (2) Land located within 50 feet horizontal distance of a principal building existing on the same parcel as of the effective date of these regulations. C. Standards for Protection of Habitat Connectors. (1) In the locations where a Habitat Connector is indicated on the Habitat Block and Habitat Connector Overlay Districts Map, all lands within a 150-foot-wide area shall be left in an undisturbed, naturally vegetated condition. (2) Hazards or other protected natural resources regulated in Article 12 contiguous to a Habitat Connector may be used to count towards the required 150-foot width of the Habitat Connector. (3) Habitat Connectors shall be subject to the provisions of 12.04(F) Habitat Blocks Standards. (4) Relocation of Mapped Habitat Connector. An applicant may apply to relocate a Habitat Connector from its mapped location on the Habitat Block and Habitat Connector Overlay Districts Map but must connect to Habitat Connectors or Habitat Blocks on adjacent parcels. Any relocated portion shall be accompanied by a restoration plan, prepared by a qualified consultant (e.g., landscape architect, professional wildlife biologist or equivalent). The restoration plan must include a robust planting plan of native tree and shrub species, specific actions to minimize disturbance to any existing vegetation supporting a habitat function, and a maintenance plan to ensure its growth. The restoration plan must design the relocated Habitat Connector to support the movement of mammal species such as fisher, bobcat, river otter, mink and coyote within a period of ten (10) years. (5) Restoration of Habitat Connector. The DRB shall require restoration of a Habitat Connector on parcels where development is proposed and pre-existing conditions consist of Habitat Connectors that are less than 150 feet in width along the entire length of the Habitat Connector. Restoration must include a robust planting plan of native tree and shrub species and specific actions to minimize disturbance to any existing vegetation supporting a habitat function within areas of the Habitat Connector less than 150 feet wide. The applicant may request, in writing, to waive this requirement. The DRB may grant a waiver only if restoration of the Habitat Connector is not possible due the placement of pre-existing structures on the subject parcel. 12.06 Wetland Protection Standards A. Purpose. It is the purpose of this Section to protect the City’s wetland resources in order to protect wetland functions and values related to surface and ground water protection, stormwater treatment, wildlife habitat, and flood control. The City intends to strictly protect Class I wetlands, Class II wetlands, and their respective buffers via the standards of this section. The City also intends to provide protection that offers Page 169 of 346 ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS South Burlington Land Development Regulations limited flexibility for larger class III wetlands (over 5,000 square feet in size) and their respective buffers, and for Class II wetlands and their respective buffers in specific identified areas of the City. B. Applicability. All development in the City of South Burlington shall comply with the requirements of this section. The requirements of this Section will apply to all lands described as follows, collectively referred to as Wetlands Areas and Related Buffers: (1) Class I Wetlands and Related Buffers. (a) In all City Center Form-Based Code, Commercial, Industrial and Airport, and Other (Municipal only) zoning districts, (established and defined in Section 3.01), a Class I wetlands buffer area is measured one hundred (100) feet in horizontal distance from the boundary of the Class I wetland. (b) In all Residential and Other (except Municipal) zoning districts, as established and defined in Section 3.01, a Class I wetlands buffer area is measured two hundred (200) feet in horizontal distance from the boundary Class I wetland. (2) Class II Wetlands and Related Buffers. (a) In all City Center Form-Based Code, Commercial, Industrial and Airport, and Other (Municipal only) zoning districts (established and defined in Section 3.01), a Class II wetlands buffer area is measured fifty (50) feet in horizontal distance from the boundary of the Class II wetland. (b) In all Residential and Other (except Municipal) zoning districts, as established and defined in Section 3.01, a Class II wetlands buffer area is measured one hundred (100) feet in horizontal distance from the boundary of the Class II wetland, except as under (d) below. (c) For lots less than 0.5 acres existing as of November 10, 2021, approved for or containing a single- family or two-family dwelling, the Class II wetlands buffer area is measured fifty (50) feet in horizontal distance from the boundary of the Class II wetland. (3) Class III Wetlands. All Class III wetland areas 5,000 square feet or larger in size, and their related buffer areas, measured fifty (50) feet in horizontal distance from the boundary of the wetland, are subject to the provisions of this section. Class III wetlands less than 5,000 square feet in size are not regulated by the City. C. Application Submittal Requirements. Submittal of a preliminary and/or complete Site Conditions Map (as applicable to the stage of application) pursuant to Appendix E. (1) Per Section 17.08, the DRB may require independent technical review of any field delineation and wetlands report. (2) The applicant’s application may include a wetlands delineation approved by the Vermont Agency of Natural Resources as a part of the State Wetlands Permit. The DRB may defer to this delineation in their review of the application instead of requiring an additional or separate delineation. D. Standards for Wetlands Protection. (1) Class I and Class II Wetlands. Development is generally prohibited within Class I wetlands, Class II wetlands, and their associated buffers. All lands within a Class I wetlands, Class II wetlands, and their associated buffers, shall be left in an undisturbed, naturally vegetated condition. However, an Page 170 of 346 ENVIRONMENTAL PROTECTION STANDARDS ARTICLE 12 South Burlington Land Development Regulations applicant may seek approval for a Restricted Infrastructure Encroachment under this section or to modify this standard per the regulations in Section 12.06(F). (2) Class III Wetlands. Development in a Class III wetland (meeting 5,000 square foot threshold), and associated buffer within all zoning districts, is generally prohibited and shall be left in an undisturbed, naturally vegetated condition. The following activities are permissible, however: (a) An applicant may seek approval for a Restricted Infrastructure Encroachment under this section or to modify this standard where allowable per the regulations in Section 12.06(F). (i) Approved stormwater management systems that do not meet the definition of a Restricted Infrastructure Encroachment may incorporate a Class III wetland and its related buffer. (b) Incidental Impacts. Temporary impacts to a Class III wetland buffer (for wetlands meeting the 5,000 s.f. threshold) that are incidental to an approved development project are allowed. They are not required to meet the standards in this Section but must be shown on the applicant’s plans. Temporarily impacted Class III wetland buffers shall be returned to their pre-impact state prior to completion of the project. (c) Underground Utilities. Temporary impacts to a Class III wetland (meeting the 5,000 s.f. threshold) or its buffer for the purpose of installing underground utilities are not required to meet the standards in this Section but must be shown on the applicant’s plans. Temporarily impacted Class III wetland and their related buffers shall be returned to their pre-impact state prior to completion of the project. (3) Landscaping and Fencing. Landscaping and/or fencing shall be installed along the outside perimeter of the wetlands buffer to clearly identify and protect wetlands buffer. The DRB may waive this requirement, if petitioned by the applicant, if there is existing forest and/or landscaping along the border of wetland buffer or other clear, existing demarcation. The design and installation of any such landscaping or fencing must accommodate wildlife passage. (4) Pre-existing gardens, landscaped areas/lawns, structures and impervious surfaces. (a) Gardens, landscaped areas/lawns, structures, and impervious surfaces located within a wetlands buffer that were legally in existence as of the effective date of these regulations shall be considered non-conforming development. Non-conforming development within a wetlands buffer may not be expanded. (5) Restricted Infrastructure Encroachment. Restricted Infrastructure Encroachment may be allowed within Class I, Class II, or Class III wetlands, and their associated buffers, without a waiver or modification provided that the applicant demonstrates the project’s compliance with Section 12.02 and the following supplemental standards: (a) Roadway paved surfaces shall be no wider than necessary for the intended functional road classification for the roadway and in no case shall the roadway paved surfaces be wider than 24 feet; and, (b) Roads that bifurcate a wetland or wetland buffer shall propose appropriate mitigation, such as reduction or elimination of curbing and installation of cross culverts, to enable wildlife passage. E. Exemptions. The following activities are not required to meet the standards in this section and do not require a local permit: Page 171 of 346 ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS South Burlington Land Development Regulations (1) Maintenance of Pre-Existing Gardens, Landscaped Areas/Lawns, Structures and Impervious Surfaces. Maintenance of pre-existing gardens, landscaped areas/lawns, structures and impervious surfaces located within a wetlands buffer, and that were legally in existence as of the effective date of these regulations, does not require a permit. (2) Invasive Species, Nuisance Plants, and Noxious Weeds Removal. Hand removal (e.g. non- motorized or non-mechanized) of invasive species, nuisance plants, and noxious weeds, as identified by the Vermont Agency of Agriculture, Food & Markets, within Class I, Class II, and Class III wetlands, and their associated buffers, is exempt from these regulations. (3) Trails. Establishment and maintenance of unpaved, non-motorized trails, and associate puncheons and boardwalks, not to exceed ten (10) feet in width located within the buffer area of a Class I, Class II or Class III wetland. All trails located within this buffer area should be constructed to meet the best practices outlined in the Recreational Trail Building Guidance document developed by the Vermont Agency of Natural Resources. F. Modifications. (1) Types of Development. An applicant may request a modification, in writing, from the rules of this section for any development in the following areas only: (a) Development in a Class II wetland and associated buffer within the Form-Based Code Zoning Districts. (b) Re-development of pre-existing gardens, landscaped areas/lawns, public infrastructure, structures, and impervious surfaces within a Class II wetland buffer in any zoning district if; (i) The resulting total area of lands within the wetland buffer that will be in a naturally vegetated condition is increased; (ii) The applicant submits an evidence-based professional opinion by a wetland scientist that the re-development will have a net positive effect on the health and functioning of the wetland; and (iii) The project results in no increase in total impervious surface within the Class II wetland buffer. (c) Installation of low-impact development stormwater practices consistent with wetland functions and plantings with a Class II or Class III wetland buffer. (d) Development in a Class III wetland exceeding 5,000 square feet in area and associated buffer within all zoning districts. (2) Modification Review Process. Modification requests shall be reviewed as follows: (a) In the City Center Form Based Code District, the Administrative Officer shall have the authority to review and approve all modification applications as part of an administrative Site Plan application. (b) In all other zoning districts, the Development Review Board shall have the authority to review and approve all modification requests. (3) Modification Standards. The Development Review Board or the Administrative Officer, as applicable, may grant a modification from the rules of this Section only if a modification application meets all the following standards: (a) The modification shall be the minimum required to accommodate the proposed development; Page 172 of 346 ENVIRONMENTAL PROTECTION STANDARDS ARTICLE 12 South Burlington Land Development Regulations (b) The proposed development will not have an undue adverse effect on the planned character of the area, as defined by the purpose statement of the zoning district within which the project is located, or on public health and safety; (c) The proposed development will not have an undue adverse effect on the ability of the property to adequately treat stormwater from the site; and, (d) The proposed development will not have an undue adverse effect upon specific wetland functions and values identified in the field delineation. 12.07 River Corridor Overlay District - RCO A. Purpose. It is the purpose of the River Corridor Overlay District to: (1) Establish protection of the river corridor to provide rivers and streams with the lateral space necessary to maintain or reestablish floodplain access and minimize erosion hazards through natural, physical processes; (2) Allow for wise use of property within river corridors that minimizes potential damage to existing structures and development from flood-related erosion; (3) Discourage encroachments in undeveloped river corridors; (4) Protect and improve the quality of surface waters and streams within the City of South Burlington; (5) Provide sufficient space for wildlife habitat along rivers and streams; and, (6) Provide allowances for infill and redevelopment of designated centers that are within river corridors. B. Authority. In accordance with 24 V.S.A. Chapter 117, §4424, and §4414, there is hereby established a bylaw for areas at risk of erosion damage in the City of South Burlington Vermont. These regulations shall apply to development in all areas in the City of South Burlington identified as within the River Corridor Overlay District designated in Section 3.01(B). C. Comprehensive Plan. These regulations hereby implement the relevant portions of the City of South Burlington's adopted Comprehensive Plan and are in accord with the policies set forth therein. D. Warning of Disclaimer of Liability. This bylaw does not imply that land outside of the areas covered by this overlay district will be free from erosion damages. This regulation shall not create liability on the part of the City of South Burlington, or any municipal official or employee thereof, for any erosion damages that result from reliance on this regulation, or any administrative decision lawfully made hereunder. E. Precedence of Bylaw. The provisions of this River Corridor Overlay District shall not in any way impair or remove the necessity of compliance with any other local, state, or federal laws or regulations. Where this regulation imposes a greater restriction, the provisions in these regulations shall take precedence. Page 173 of 346 ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS South Burlington Land Development Regulations F. District General Provisions. (1) Establishment of RCO District. The RCO is an overlay district. All other requirements of the underlying district, or another overlay district such as the Flood Hazard Overlay District, shall apply in addition to the provisions herein, unless it is otherwise so indicated. If there is a conflict with another such district, the stricter provision shall apply. (2) RCO District Boundaries. The boundaries of the RCO District are as follows: (a) All River Corridors as published by the Vermont Agency of Natural Resources (including the Statewide River Corridors and refinements to that data based on field-based assessments which are hereby adopted by reference). (b) All land within one hundred (100) feet horizontal of the top of bank or top of slope, whichever is applicable given the stream’s fluvial geomorphology, along the reaches of the main stem of Potash Brook where a mapped River Corridor has not been developed by the Vermont Agency of Natural Resources. (c) All land within fifty (50) feet horizontal distance from the top of bank or top of slope, whichever is applicable given the stream’s fluvial geomorphology, of all other perennial rivers and streams. (d) All land within ten (10) feet horizontal distance from the top of the bank or top of slope of a natural intermittent stream, whichever is applicable given the stream’s fluvial geomorphology. (e) Requests to update a River Corridor map shall be in accordance with the procedure laid out in the ANR Flood Hazard Area and River Corridor Protection Procedure. (3) RCO District – Classification. River Corridors shall be classified in the following manner per Section 12.01: (a) River Corridors on Intermittent Streams. River Corridors on intermittent streams are Level II Resources. (b) All Other River Corridors. River Corridors on all other streams are Hazards. (4) Jurisdictional Determination and Interpretation. The information presented on any maps, or contained in any studies, adopted by reference, is presumed accurate. If uncertainty exists with respect to the boundaries of the RCO the location of the boundary on the property shall be determined by the Administrative Officer (AO). If the applicant disagrees with the determination made by the AO or the river corridor as mapped, the applicant has the option to either: (a) Hire a licensed land surveyor or registered professional engineer to stake out the RCO boundary on the property; or (b) Request a letter of determination from ANR which shall constitute proof of the location of the river corridor boundary. In support of a letter of determination request, applicants must provide ANR a description of the physical characteristics that bring the river corridor delineation into question (e.g. the presence of bedrock or other features that may confine lateral river channel adjustment. When ANR receives a request for a letter of determination, ANR evaluates the site and existing data to see if a change to the river corridor delineation is justified, necessitating a river corridor map update. An ANR letter of determination will either confirm the existing river corridor delineation or will result in an update to the river corridor delineation for the area in question. If a map update is justified, an updated map will be provided with the letter of determination. Page 174 of 346 ENVIRONMENTAL PROTECTION STANDARDS ARTICLE 12 South Burlington Land Development Regulations G. Prohibited, Exempted, and Permitted Development in River Corridors. (1) Prohibited Development in the RCO District. The following types of development are prohibited in the RCO District: (a) All development, including new structures, structure additions, fill, accessory dwelling units, and any other development that is not expressly listed as at least one of the Exempted Activities or Permitted Development as described below; (b) Creation of new lawn or landscaped areas; and (c) Snow storage areas. (2) Exempted Activities. The following activities do not require a permit under this section of the bylaw: (a) The removal of a building or other improvement in whole or in part, so long as the ground elevations under and adjacent to the removed structure remain unchanged. (b) Any changes, maintenance, repairs, or renovations to a structure that will not result in a change to the footprint of the structure or a change in use. (c) Maintenance of existing sidewalks, roads, parking areas, or stormwater drainage; this does not include expansions. (d) Maintenance of existing bridges, culverts, and channel stabilization activities; this does not include expansions. (e) Construction or repair of stream crossing structures (bridges and culverts), associated transportation and utility networks (new transportation or utility development that runs parallel to the river is not exempt and shall meet the Development Standards in Section 12.07(I) below), dams, dry hydrants, and other functionally dependent uses that must be placed in or over rivers and streams that are not located in a flood hazard area and that have coverage under a Stream Alteration Permit, if required, under 10 V.S.A. Chapter 41 and the rules adopted thereunder. (f) Activities exempt from municipal regulation and requiring a permit under the State’s “Vermont Flood Hazard Area and River Corridor Rule” (Environmental Protection Rule, Chapter 29): (i) State-owned and operated institutions and facilities. (ii) Forestry operations or silvicultural (forestry) activities conducted in accordance with the Vermont Department of Forests and Parks Acceptable Management Practices for Maintaining Water Quality on Logging Jobs in Vermont or other accepted silvicultural practices, as defined by the Commissioner of Forests, Parks and Recreation. (iii) Agricultural activities conducted in accordance with the Vermont Agency of Agriculture, Food and Market’s Required Agricultural Practices (RAPs). Prior to the construction of farm structures, the farmer shall notify the AO in writing of the proposed activity. The notice shall contain a sketch of the proposed structure including setbacks. (iv) Public utility power generating plants and transmission facilities regulated under 30 V.S.A. § 248. (v) Telecommunications facilities regulated under 30 V.S.A. § 248a. (g) Planting projects which do not include any construction or grading activities in accordance with 24 V.S.A. § 4424(c). (h) Subdivision of land that does not involve or authorize development. Page 175 of 346 ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS South Burlington Land Development Regulations (i) Establishment and maintenance of unpaved, non-motorized trails and puncheons not to exceed ten (10) feet in width. (j) Maintenance of Existing Gardens, Lawns, Driveways, and other public infrastructure. Maintenance of existing gardens, landscaped areas/lawns, driveways and other public infrastructure within the River Corridor in existence as of the effective date of these regulations. (k) Invasive Species, Nuisance Plants, and Noxious Weeds Removal. The removal of invasive species, nuisance plants, and noxious weeds, as identified by the Vermont Agency of Agriculture, Food & Markets, within the River Corridor is an exempt from these regulations. (3) Permitted Development. The following development activities in the RCO District are permissible upon approval, provided they meet all other requirements of the LDRs and the standards of this section. (a) Encroachments necessary to repair damage from a Federally-declared disaster and necessary for the protection of the public health, safety and welfare. (b) Restricted Infrastructure Encroachment, upon demonstration of compliance with Section 12.02 and the standards of this section. (c) Replacement of on‐site septic systems. H. Development Review Classification & Referral to Outside Agencies (1) All land development proposed in the River Corridor is subject to review standards outlined in Section 12.01(D). (2) Referrals to Outside Agencies. (a) Upon receipt of a complete application for development in the River Corridor, the Administrative Officer shall submit a copy of the application and supporting information to the State National Flood Insurance Program (NFIP) Coordinator at the Vermont Agency of Natural Resources, in accordance with 24 V.S.A. § 4424. A permit may be issued only following receipt of comments from the Agency, or the expiration of 30 days from the date the application was mailed to the Agency, whichever is sooner. The AO and DRB shall consider all comments from ANR. (b) If the applicant is seeking a permit for the alteration or relocation of a watercourse, copies of the application shall also be provided to the following entities: affected adjacent communities, the River Management Engineer at the Vermont Agency of Natural Resources, the Army Corps of Engineers, and the State National Flood Insurance Program (NFIP) Coordinator at the Vermont Agency of Natural Resources, Department of Environmental Conservation. A permit may be issued only following receipt of comments from the Vermont Agency of Natural Resources, or the expiration of 30 days from the date the application was mailed to the Vermont Agency of Natural Resources, whichever is sooner. I. Development Standards. The criteria below are the minimum standards for development in the RCO District. (1) New development in the River Corridor, including the creation of new lawn areas, is generally prohibited. (2) Natural Vegetation Requirement. All lands within the River Corridor must be left in an undisturbed, naturally vegetated condition. The clearing of trees and other vegetation is generally prohibited. This standard also does not apply to forestry operations or silvicultural (forestry) activities exempt from Page 176 of 346 ENVIRONMENTAL PROTECTION STANDARDS ARTICLE 12 South Burlington Land Development Regulations local zoning regulation or the removal of trees that are dead, diseased, heavily damaged by ice storms or other natural events, or identified as an invasive species. The placing or storing of cut or cleared trees and other vegetation is also prohibited. (a) Pre-Existing Non-Conforming Lawn Areas. The following section pertains the applications for new development on lots with pre-existing non-conforming lawn areas located within the River Corridor. (i) Single-Household Dwelling and Two-Household Dwelling Land Uses. Development on lots with existing single or two-household dwelling uses, and pre-existing non-conforming lawn areas in the River Corridor, shall not be required to brought into conformance with the natural vegetation requirement in these regulations. (ii) All Other Land Uses. Development on lots with any other land use (beside a single or two- household dwelling), and that also includes pre-existing non-conforming lawn areas in the River Corridor, shall only be approved if the applicant removes at least 50% of the pre-existing non-conforming lawn area within the River Corridor and completes site remediation. Site remediation shall include re-seeding the subject area with a naturalized mix of grasses rather than standard lawn grass and returning the area to a natural state (no mowing). (3) Restricted Infrastructure Encroachment. Restricted Infrastructure Encroachment may be allowed in the River Corridor provided the proposed land development conforms with the following standards: (a) The facility shall comply with the standards in Section 12.02; (b) The facility must be located at least twenty five (25) feet from the edge of the channel of the surface water for all water bodies listed in Section 12.07(F)(2)(b) above and ten (10) feet from the edge of channel of the surface water of all other streams. This standard shall not apply to the intake of municipal or community water system, or the outfall of a municipal wastewater treatment or stormwater treatment projects, all of which are functionally dependent upon access to surface waters. This standard shall also not apply to road crossings, driveway crossings, public sidewalks and recreation paths (including bridges and boardwalks) intended to connect parcels and neighborhoods, or provide recreational opportunities, approved under Section 12.02; (c) Stream crossings shall provide sufficient space for the passage of small amphibian and mammalian wildlife typical to the environment in water and on land beneath the structure; and, (d) The facility shall comply with Section 12.07(I)(5). (4) Landscaping and Fencing. Landscaping and/or fencing shall be installed along the perimeter of the outside of the River Corridor to clearly identify and protect the River Corridor. The DRB may waive this requirement, if petitioned by the applicant, if there is existing forest and/or landscaping along the border of the River Corridor. The design and installation of any such landscaping or fencing must accommodate wildlife passage. (5) All land development in the River Corridor shall also comply with the following standards: (a) Within Designated Centers. Development within Vermont designated centers shall be only allowed within the River Corridor if the applicant can demonstrate that the proposed development will not be any closer to the river than existing adjacent development. Page 177 of 346 ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS South Burlington Land Development Regulations (b) Outside Designated Centers. Development outside of designated centers shall meet the following criteria: (i) Infill Development. Infill development must be located no closer to the channel than the adjacent existing principal buildings, within a gap that is no more than 300 feet (see Figure 12-1); or, (ii) Down River Shadow. Development shall be located in the shadow area directly behind and further from the channel than the existing structure, or within 50 feet of the downstream side of the existing habitable structure and no closer to the top of bank or slope, as applicable. Below-ground utilities may also be placed within the same shadow dimensions of an existing below-ground system (see Figure 12-2); or, Figure 12-1: Infill Development Figure 12-2: Down River Shadow (iii) River Corridor Performance Standard. The proposed development shall: Page 178 of 346 ENVIRONMENTAL PROTECTION STANDARDS ARTICLE 12 South Burlington Land Development Regulations (c) not be placed on land with a history of fluvial erosion damage or that is imminently threatened by fluvial erosion; and, (d) not cause the river reach to depart from, or further depart from, the channel width, depth, meander pattern or slope associated with natural stream processes and equilibrium conditions; and, (e) not result in an immediate need or anticipated future need for stream channelization that would increase flood elevations and velocities or alter the sediment regime, triggering channel adjustments and erosion in adjacent and downstream locations. (f) In making its determination, the DRB may request or consider additional information to determine if the proposal meets the River Corridor Performance Standard, including a description of why the criteria for infill development above cannot be met, data and analysis from a consultant qualified in the evaluation of river dynamics and erosion hazards, and comments provided by the DEC Regional Floodplain Manager on whether the proposal meets the River Corridor Performance Standard. J. Submission Requirements. In addition to all information required for permitted development, the application shall include: (1) Plan. A plan that depicts the proposed development, all water bodies, all River Corridor Overlay District boundaries, the shortest horizontal distance from the proposed development to the top of bank (and/or top of slope, if applicable) of any river, any existing and proposed drainage, any proposed fill, pre- and post-development grades, and the elevation of the proposed lowest floor as referenced to the same vertical datum as the elevation on the current Flood Insurance Rate Maps; (2) Supplemental Application Requirements. (a) Information clearly demonstrating how the proposed development meets the requirements for infill development and certain non-habitable and accessory structures in subsection 12.07(I) Development Standards above; or (b) A narrative and supporting technical information from a qualified consultant that demonstrates how the proposal meets the River Corridor Performance Standard in subsection 12.07(I) Development Standards above, or (c) Evidence of an approved major or minor map update issued by ANR in accordance with the process outlined in the DEC Flood Hazard Area & River Corridor Protection Procedure, finding the proposed development is not located within the river corridor. (3) Waivers. Upon written request from the applicant, the Administrative Officer or DRB may waive specific application requirements when the data or information is not needed to comply with Section 12.07 of this bylaw. K. Permit Conditions (1) Permits for public water accesses and unimproved paths that provide access to the water for the general public and promote the public trust uses of the water shall include a condition prohibiting the permittee from actively managing the applicable section of river solely to protect the public water access from lateral river channel adjustment. (2) The DRB may require mitigation, such as reduction or elimination of curbing to promote wildlife passage for any Restricted Infrastructure Encroachment projects approved within the River Corridor. Page 179 of 346 ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS South Burlington Land Development Regulations 12.08 Floodplain Overlay District (FP) A. Purpose. It is the purpose of the Floodplain Overlay District to: (1) Avoid and minimize the loss of life and property, the disruption of commerce, the impairment of the tax base, and the extraordinary public expenditures and demands on public services that result from flooding; (2) Ensure that the selection, design, creation, and use of development is reasonably safe and accomplished in a manner that is consistent with public wellbeing, does not impair flood plain services or the stream corridor; (3) Manage the flood hazard area designated pursuant to 10 V.S.A. Chapter 32 § 753, the municipal hazard mitigation plan; and make the City of South Burlington, its citizens, and businesses eligible for federal flood insurance, federal disaster recovery funds, and hazard mitigation funds as may be available. B. Authority. In accordance with 10 V.S.A. Chapter 32, and 24 V.S.A. Chapter 117 §4424, §4411 and §4414, there is hereby established a bylaw for areas at risk of flood damage in the City of South Burlington Vermont. These regulations shall apply to development in all areas in the City of South Burlington identified as within the Floodplain Overlay District designated in Section 3.01(B). C. [Reserved] D. Administration. (1) Floodplain Review. All development in the City of South Burlington located within the Floodplain Overlay District shall be subject to Floodplain Review. The Floodplain Overlay District overlays other existing zoning districts. All other requirements of the underlying district shall apply in addition to the provisions herein, unless otherwise indicated. The Floodplain Overlay District is composed of two areas: (a) Floodplain Overlay District Zones A, AE, and A1-30. The boundaries of these Zones include those areas of special flood hazard designated in and on the most current flood insurance studies and maps published by the Department of Homeland Security, Federal Emergency Management Agency, National Flood Insurance Program and mapped as Zones A, AE, or A1-30. (b) Floodplain Overlay District Zones 0.2% B1 and B2. The boundaries of these Zones include those areas of special flood hazard designated in and on the most current flood insurance studies and maps published by the Department of Homeland Security, Federal Emergency Management Agency, National Flood Insurance Program, and as depicted on the Natural Resources Map as Zone 0.2% B1 and Zone 0.2% B2. Floodplain Overlay District Zone 0.2% B1 is composed of areas of the 500-year floodplain that are already substantially developed and where additional opportunities for infill development is appropriate. Floodplain Overlay District Zone 0.2% B2 is composed of areas of the 500-year floodplain that are not developed and where future development is not appropriate. Page 180 of 346 ENVIRONMENTAL PROTECTION STANDARDS ARTICLE 12 South Burlington Land Development Regulations (2) Interpretation. The information presented on any maps, or contained in any studies, adopted by reference, is presumed accurate. However, if uncertainty exists regarding the Floodplain Overlay District boundary, the following procedure shall be followed: (a) If uncertainty exists with respect to the boundaries of the Floodplain Overlay District Zones A, AE, and A1-30 the location of the boundary shall be determined by the Administrative Officer. If the applicant disagrees with the determination made by the Administrative Officer, a Letter of Map Amendment from FEMA shall constitute proof that the property is not located within the Special Flood Hazard Area. (b) If uncertainty exists with respect to the boundaries of the Floodplain Overlay District Zones 0.2% B1 and B2 the location of the boundary shall be determined by the Administrative Officer. If the applicant disagrees with the determination made by the Administrative Officer, the applicant may appeal the determination in accordance with Article 17. (3) Base Flood Elevations and Floodway Limits. (a) Where available (i.e. zones A1-A30, AE, AH, and 0.2% B1 within the floodplain of the Winooski River), the base flood elevations and floodway limits (or data from which a community can designate regulatory floodway limits) provided by the National Flood Insurance Program in the Flood Insurance Study and accompanying maps shall be used to administer and enforce the provisions of these regulations. (b) In Zone A of the Floodplain Overlay District where base flood elevations and floodway limits have not been provided by the National Flood Insurance Program in the Flood Insurance Study and accompanying maps, it shall be the responsibility of the applicant to develop the base flood elevation at the site using data available from state or federal agencies or other sources. (4) Warning of Disclaimer of Liability. This bylaw does not imply that land outside of the areas covered by this overlay district will be free from flood damages. These regulations shall not create liability on the part of the City of South Burlington, or any municipal official or employee thereof, for any flood damages that result from reliance on these regulations, or any administrative decision lawfully made hereunder. (5) Precedence of Bylaw. The provisions of this Floodplain Overlay District shall not in any way impair or remove the necessity of compliance with any other local, state, or federal laws or regulations. Where these regulations imposes a greater restriction the provisions here shall take precedence. (6) Exempted Development. The following types of development are exempt from Floodplain Review. The following types of development may also still be subject to other standards in the South Burlington Land Development Regulations including Section 12.07: (a) The removal of a building or other improvement in whole or in part, so long as the ground elevations under and adjacent to the removed structure remain unchanged. Please be aware that for damaged structures where FEMA mitigation funds may be used, the damaged structure may be required to remain in place until funds are granted. (b) Routine maintenance of existing buildings in the usual course of business required or undertaken to conserve the original condition, while compensating for normal wear and tear. (c) Routine maintenance includes actions necessary for retaining or restoring a piece of equipment, machine, or system to the specified operable condition to achieve its maximum useful life and does not include expansions or improvements to development. Page 181 of 346 ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS South Burlington Land Development Regulations (d) Interior improvements to existing buildings that cost less than five-hundred (500) dollars. (e) Maintenance of existing sidewalks, roads, parking areas, or stormwater drainage; this does not include expansions. (f) Maintenance of existing bridges, culverts, and channel stabilization activities; this does not include expansions. (g) Streambank armoring and stabilization, retaining walls, and abutment work that do not reduce the cross-sectional flow area of the river or stream channel and have coverage under a Stream Alteration Permit, if required, under 10 V.S.A. Chapter 41 and the rules adopted thereunder. (h) The following activities are exempt from Floodplain Review, but may require a permit under the State’s “Vermont Flood Hazard Area and River Corridor Rule” (Environmental Protection Rule, Chapter 29): (i) State-owned and operated institutions and facilities. (ii) Forestry operations and silvicultural (forestry) activities conducted in accordance with the Vermont Department of Forests and Parks Acceptable Management Practices for Maintaining Water Quality on Logging Jobs in Vermont or other accepted silvicultural practices, as defined by the Commissioner of Forests, Parks and Recreation. (iii) Agricultural activities conducted in accordance with the Vermont Agency of Agriculture Food and Market’s Required Agricultural Practices (RAPs). (iv) Public utility power generating plants and transmission facilities regulated under 30 V.S.A. § 248. (i) Telecommunications facilities regulated under 30 V.S.A. § 248a. Planting projects which do not include any construction or grading activities in accordance with 24 V.S.A. § 4424(c). E. Floodplain Review Application Requirements. (1) Application Submission Requirements. All applications for Floodplain Review shall include: (a) Floodplain Development Plan. A Floodplain Development Plan that depicts the proposed development, property boundaries, all water bodies, all boundaries (Floodplain Overlay District boundaries – all zones), the shortest horizontal distance from the proposed development to the top of bank of any river, any existing and proposed drainage, any proposed fill, pre- and post- development grades, and the elevation of the proposed lowest floor as referenced to the same vertical datum as the elevation on the current Flood Insurance Rate Maps; and (b) Project Review Sheet. A completed Vermont Agency of Natural Resources Project Review Sheet. The Project Review Sheet shall identify all State and Federal agencies from which permit approval is required for the proposal, and shall be filed as a required attachment to the municipal permit application. The identified permits, or letters indicating that such permits are not required, shall be submitted to the Administrative Officer and attached to the permit before work can begin. (2) Supplemental Application Requirements. Some applications may require additional information based on the location and type of the development. The following information shall be developed and provided with an application, as required below: (a) Base Flood Elevation (BFE). BFE information is required for applications that include the following development located in Zones A, A1-A30, AE, AH, and 0.2% B1 within the floodplain of the Winooski River: Page 182 of 346 ENVIRONMENTAL PROTECTION STANDARDS ARTICLE 12 South Burlington Land Development Regulations (i) New, substantially improved, or substantially damaged structures; (ii) Projects requiring elevation or dry-floodproofing above BFE; (iii) Additions to existing historic structures; and (iv) Any accessory structure proposed to have building utility systems that will need to be protected from flood waters through elevation above the BFE. (b) Floodway Data. The following information is required for development proposed to be located in the floodway. All floodway data shall be certified by a registered professional engineer. All submitted proposals shall include electronic input/output files mapping showing cross-section locations and the following information: (i) Hydraulic calculations demonstrating no rise in BFE or velocity for proposed new or expanded encroachments within the floodway. (ii) In accordance with 44 C.F.R. § 60.3(c)(10), where BFE data has been provided by FEMA, but no floodway areas have been designated, the applicant shall provide a floodway delineation that demonstrates that the proposed development, when combined with all existing and anticipated future development, will not increase the water surface elevation of the base flood by more than one foot at any point within the community. (c) Average Grade Level. Information about average grade level is required for development involving all structures proposed to be located in Zone 0.2% B1 and Zone 0.2% B2. (d) Erosion Control Projects. For projects involving erosion control measures within the floodplain on Lake Champlain, the applicant shall submit: (i) Renderings or other additional information relevant and necessary to evaluating the aesthetic or visual impact of the proposed improvement. (ii) A landscaping plan. (3) Waivers. Upon written request from the applicant, the Development Review Board may waive specific application requirements when the data or information is not needed to comply with these regulations. F. Floodplain Review - Development Review Process. All applications for development in the Floodplain Overlay District shall be reviewed according to the following procedures: (1) Referrals. (a) NFIP Coordinator. Upon receipt of a complete Floodplain Review application for a substantial improvement or new construction the Administrative Officer shall forward a copy of the application and supporting information to the State National Flood Insurance Program Coordinator at the Vermont Agency of Natural Resources, in accordance with 24 V.S.A. 4424. A permit may be issued only following receipt of comments from the Agency, or the expiration of 30 days from the date the application was mailed to the Agency, whichever is sooner. The Administrative Officer, and/or Development Review Board shall consider all comments from ANR. (b) Stream Alteration Engineer. If the applicant is seeking a permit for the alteration or relocation of a watercourse, copies of the application shall also be submitted to the adjacent communities, the Stream Alteration Engineer at the Vermont Agency of Natural Resources, and the Army Corps Page 183 of 346 ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS South Burlington Land Development Regulations of Engineers. Copies of such notice shall be provided to the State National Flood Insurance Program (NFIP) Coordinator at the Vermont Agency of Natural Resources, Department of Environmental Conservation. A permit may be issued only following receipt of comments from the Vermont Agency of Natural Resources, or the expiration of 30 days from the date the application was mailed to the Vermont Agency of Natural Resources, whichever is sooner. (2) Review Process. (a) Administrative Review. Floodplain Review may be completed administratively by the Administrative Officer for the following types of development in the Floodplain Overlay District provided that the application is complete and the proposed development can be approved administratively under all other sections of the South Burlington Land Development Regulations: (i) Changes from a permitted land use to another permitted land use provided that any other changes to the site may also be administratively reviewed. (ii) Above grade development, which has not been elevated by the placement of fill, that is two feet above base flood elevation and documented with field-surveyed topographic information certified by a registered professional engineer or licensed land surveyor (Elevation Certificate). (iii) Open fencing and signs elevated on poles or posts that create minimal resistance to the movement of floodwater. (iv) Municipal transportation infrastructure improvements designed and constructed by the Vermont Agency of Transportation that have written confirmation from the ANR Regional Floodplain Manager that the project is designed to meet or exceed the applicable standards in these regulations. (v) River and floodplain restoration projects, including dam removal, that restore natural and beneficial floodplain functions and include written confirmation from the ANR Regional Floodplain Manager that the project is designed to meet or exceed the applicable standards in these regulations. (vi) Improvements or repairs of damage to structures that do not expand the existing footprint and do not meet the definition of “substantial improvement” or “substantial damage.” (vii) Accessory structures less than 500 square feet in size in the Floodplain Overlay District Zones 0.2% B1. (viii) Building utilities. (ix) Recreational vehicles. See Section 3.08 Temporary Structures and Uses for additional applicable standards. (b) Development Review. All development in the Floodplain Overlay District that cannot be approved through administrative Floodplain Review shall require Floodplain Review by the Development Review Board. (3) Permits. A permit is required from the Administrative Officer for all development, as defined in Section 2.03 (Floodplain Definitions), in the Floodplain Overlay District. A permit shall only be issued for development meeting the standards in Section 12.08(G) and the following the review process outlined in Section 12.08(F) and Article 17. (a) Within 30 days of receipt of a complete application per Section 12.08(E), including all application materials and fees, the Administrative Officer shall act to either issue or deny a permit in writing, Page 184 of 346 ENVIRONMENTAL PROTECTION STANDARDS ARTICLE 12 South Burlington Land Development Regulations or to refer the application to the Development Review Board. If the Administrative Officer fails to act with regard to a complete application for a permit within the 30-day period, a permit shall be deemed issued on the 31st day, unless the permit is for new construction or substantial improvement, in which case a permit shall not be issued until the Administrative Officer has complied with the requirements of Section 12.08(F)(1)). (b) No zoning permit shall be issued by the Administrative Officer for any use or structure which requires the approval of the Development Review Board until such approval has been obtained. For permit applications that must be referred to a state agency for review, no permit shall be issued until a response has been received from the State, or the expiration of 30 days following the submission of the application to the State, whichever is sooner. G. Floodplain Review Standards. Development in the Floodplain Overlay District shall be reviewed to ensure that it complies with the following standards: (1) Prohibited Development. In addition to any uses not specifically listed in this section, the following types of development are specifically prohibited in the Floodplain Overlay District: (a) New principal structures, both residential or non-residential (including the placement of manufactured homes), except within Zone 0.2% B1 of the Floodway Overlay District; (b) New accessory structures except within the Zone 0.2% B1 of the Floodplain Overlay District. (c) New critical facilities; (d) Excavation of earth products shall be prohibited in such cases where it is anticipated that such excavation will lower the level of the water table, interfere with natural flow patterns, or reduce flood storage capacity; (e) Storage or junk yards; (f) New fill except as necessary to elevate structures above the base flood elevation. (g) Within the floodway: new encroachments, except for minor improvements to existing structures or relating to bridges, culverts, roads, stabilization projects, public utilities, river and/or floodplain restoration projects, or health and safety measures. Minor improvements are those that would not affect base flood elevations, consistent with the provisions of FEMA P-480; Desk Reference for Local Officials. (2) Development in the Floodway. Within the floodway, the following standards apply to all development: (a) New encroachments are prohibited within the floodway, except for the following, which also shall comply with subsection (b) below: (i) New encroachments relating to bridges, culverts, roads, stabilization projects, public utilities, functionally dependent uses, and river or floodplain restoration projects; and (ii) New encroachments relating to health and safety measures, such as replacement of preexisting on-site septic and water supply systems, if no other practicable alternative is available. (b) For all proposed new encroachments and above-grade development, a hydraulic analysis is required to be provided for review. The analysis should be performed in accordance with Page 185 of 346 ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS South Burlington Land Development Regulations standard engineering practice, by a registered professional engineer, and shall certify that the proposed development will: (i) Not result in any increase in flood levels during the occurrence of the base flood; (ii) Not increase base flood velocities; and (iii) Not increase any risk to surrounding properties, facilities, or structures from erosion or flooding. (c) For development that is either below grade or will not result in any change in grade, the hydrologic & hydraulic analyses may be waived, where the applicant will provide pre and post- development elevations demonstrating that there will be no change in grade, and that the development will be adequately protected from scour. (d) For any new encroachment that is proposed within the Floodway where a hydraulic analysis is required, the applicant may provide a FEMA Conditional Letter of Map Revision (CLOMR) in lieu of a hydraulic analysis, to demonstrate that the proposed activity will not have an adverse impact. (3) Development in the Floodplain Overlay District. All development in the Floodplain Overlay District shall comply with the following standards: (a) All development shall be reasonably safe from flooding, as determined by compliance with the specific standards of this subsection. (b) All development shall be designed (I) to minimize flood damage to the proposed development and to public facilities and utilities, and (II) to provide adequate drainage to reduce exposure to flood hazards. (c) All development shall be (I) designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure during the occurrence of the base flood, (II) be constructed with materials resistant to flood damage, (III) be constructed by methods and practices that minimize flood damage, and (IV) be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (d) Water Supply and Wastewater. New and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. On site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (e) Stream Alteration. The flood carrying capacity within any portion of an altered or relocated watercourse shall be maintained. (f) Manufactured Homes. Replacement manufactured homes shall be elevated on properly compacted fill such that the top of the fill (pad) under the entire manufactured home is above the base flood elevation. (g) Structures. (i) Residential Structures (I) Residential structures to be substantially improved in Floodplain Overlay District Zones A, A1-30, AE, and AH shall be located such that the lowest floor is at least two (2) feet Page 186 of 346 ENVIRONMENTAL PROTECTION STANDARDS ARTICLE 12 South Burlington Land Development Regulations above base flood elevation; this must be documented, in the proposed and as-built condition, with a FEMA Elevation Certificate. (II) Residential structures to be substantially improved in Floodplain Overlay District 0.2% Zones B1 & B2, and new structures in Floodplain Overlay District Zone 0.2% B1, shall be located such that the lowest floor is at least two (2) feet above the average grade level on-site; this must be documented, in the proposed and as-built condition, with a FEMA Elevation Certificate. Average grade level means the average of the natural or exiting topography at center of all exterior walls of a building or structure to be placed on site. (ii) Non-Residential Structures. Non-residential structures to be substantially improved, and new non-residential structures in the Floodplain Overlay District 0.2% Zone B1, shall meet the following standards: (I) Meet the standards in Section 12.08(G)(3)(g)(i) Residential Structures; or, (II) Have the lowest floor, including basement, together with attendant utility and sanitary facilities be designed so that two (2) feet above the base flood elevation (for structures in Zones A, A1-30, AE, and AH), or two (2) feet above the average grade level on-site (for structures in Zones 0.2% B1 and B2), the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A permit for flood proofing shall not be issued until a licensed professional engineer or architect has reviewed the structural design, specifications and plans, and has certified that the design and proposed methods of construction are in accordance with accepted standards of practice for meeting the provisions of this subsection. An occupancy permit for the structure shall not be issued until an "as-built" plan has been submitted and a licensed professional engineer or architect has certified that the structure has been constructed in accordance with accepted standards of practice for meeting the provisions of this subsection. (h) Basements. For all new construction and substantial improvements, fully enclosed areas below grade on all sides (including below grade crawlspaces and basements) shall be prohibited. Substantial improvements to existing buildings requires compliance with this section. (i) Areas Below Base Flood Elevation. For all new construction and substantial improvements, fully enclosed areas that are above grade, below the lowest floor, below Base Flood Elevation and subject to flooding, shall be (i) solely used for parking of vehicles, storage, or access, and such a condition shall clearly be stated on any permits; and, (ii) designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Such designs must be certified by a licensed professional engineer or architect, or meet or exceed the following minimum criteria: A minimum of two openings on two walls having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (j) Impact to Base Flood Elevation. In the AE Zone, where base flood elevations and/or floodway limits have not been determined, development shall not be permitted unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated encroachment, will not increase the base flood elevation more than one (1) foot at any point within the community. The demonstration must be supported by technical data Page 187 of 346 ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS South Burlington Land Development Regulations that conforms to standard hydraulic engineering principles and certified by a licensed professional engineer. (k) Recreational Vehicle. All recreational vehicles shall be fully licensed and ready for highway use. (l) Accessory Structures. In Floodplain Overlay District 0.2% Zone B1, a small accessory structure of 500 square feet or less in gross floor area that represents a minimal investment need not be elevated to the base flood elevation in this area, provided the structure is placed on a site so as to offer the minimum resistance to the flow of floodwaters and shall meet the criteria of 12.08(G)(3)(i). Accessory structures are prohibited in all other parts of the Floodplain Overlay District. (m) Critical Facilities. Critical facilities that are to be replaced, substantially improved, or meet the definition of substantial damage shall be constructed so that the lowest floor, including basement, shall be elevated or dry-floodproofed at least two (2) feet above the average grade level in Floodplain Overlay District 0.2% Zone B1 and Floodplain Overlay District 0.2% Zone B2, or three (3) feet above base flood elevation in Floodplain Overlay District Zones A, AE, and A1- 30. A critical facility shall have at least one access road connected to land outside the 0.2% annual chance floodplain that is capable of accommodating emergency services vehicles. The top of the access road shall be no lower than the elevation of the 0.2% annual chance flood event. (n) Historic Structures. For historic structures that would meet the definition of substantial improvement or substantial damage if not for their historic structure designation, the improved or repaired building shall meet the following mitigation performance standards for areas below the base flood elevation: (i) Utility connections (e.g., electricity, water, sewer, natural gas) shall be protected from inundation and scour or be easily repaired; (ii) The building foundation shall be structurally sound and reinforced to withstand a base flood event; (iii) The structure’s historic designation shall not be precluded; (iv) The likelihood of flood waters entering the structure during the base flood is reduced; and (v) There shall be no expansion of uses below base flood elevation except for parking, storage, building access, or, in the case of non-residential buildings, where the space is dry floodproofed. (o) No Rise Requirement. No encroachment, including fill, new construction, substantial improvement, or other development, that would result in any increase in flood levels within the regulatory floodway during the occurrence of the base flood discharge, shall be permitted unless hydrologic and hydraulic analyses are performed in accordance with standard engineering practice, by a licensed professional engineer, certifying that the proposed development will: (a) Not result in any increase in flood levels (0.00 feet) during the occurrence of the base flood; and (b) Not increase any risk to surrounding properties, facilities, or structures from erosion or flooding. (p) Erosion Control Measures on Lake Champlain. The installation of erosion control measures within may be approved by the DRB provided the following standards are met: Page 188 of 346 ENVIRONMENTAL PROTECTION STANDARDS ARTICLE 12 South Burlington Land Development Regulations (i) The improvement involves, to the greatest extent possible, the use of natural materials such as wood and stone. (ii) The improvement will not increase the potential for erosion. (iii) The project will not have an undue adverse effect on the aesthetic integrity of the lakeshore. (iv) The project shall preserve, maintain and supplement existing trees and ground cover vegetation to the greatest extent possible. (4) Other Applicable Standards. Development in the Floodplain Overlay District may be subject to these additional standards: (a) All land lying within a River Corridor as defined in these regulations is subject to the standards of Section 12.07 in addition to the standards of this section. H. Nonconforming Structures. (1) A nonconforming structure in the Floodplain Overlay District that has been substantially damaged or destroyed may be reconstructed in its original location only if it is rebuilt to comply with all requirements of the National Flood Insurance Program and these regulations; (2) Nonconforming structures and uses shall be considered abandoned where the structures or uses are discontinued for more than 6 months. An abandoned structure shall not be permitted for re- occupancy unless brought into compliance with these regulations and Section 3.11(G). An abandoned use shall not be permitted unless brought into compliance with these regulations. I. Variances. (1) A variance for development in the Floodplain Overlay District may be granted by the Development Review Board only in accordance with Title 24, Vermont Statutes Annotated and 44 CFR Section 60.6. (2) Any variance issued in the Special Flood Hazard Area shall not increase flood heights, and shall inform the applicant in writing over the signature of a community official that the issuance of a variance to construct a structure below the base flood elevation increases risk to life and property and will result in increased flood insurance premiums up to amounts as high as $25 for $100 of coverage. Such notification shall be maintained with a record of all variance actions. J. Certificate of Occupancy. A Certificate of Occupancy shall be required for all new structures or substantial improvements to structures in the Floodplain Overlay District. Upon receipt of the application for a certificate of occupancy, the Administrative Officer shall review the permit conditions and inspect the premises to ensure that: (1) All required state and federal permits that have been obtained by the applicant; (2) All work has been completed in conformance with the zoning permit and associated approvals; and (3) All required as-built documentation has been submitted to the Administrative Officer (e.g. updated FEMA Elevation Certificate, dry floodproofing certificate, as-built volumetric analysis, or as-built floodway encroachment analysis). Page 189 of 346 ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS South Burlington Land Development Regulations K. Enforcement. Enforcement shall be conducted by the Administrative Officer. All enforcement action related to property in the Floodplain Overlay District shall be performed in compliance with Article 17 and the following procedures: (1) The State NFIP Coordinator shall be provided a copy of all notices of violation issued by the Administrative Officer for development that is not in conformance with this section. (2) If any appeals have been resolved, but the violation remains, the Administrative Officer shall submit a declaration to the Administrator of the National Flood Insurance Program requesting a denial of flood insurance to the property pursuant to Section 1316 of the National Flood Insurance Act of 1968, as amended. Page 190 of 346 ARTICLE 13 SUPPLEMENTAL REGULATIONS South Burlington Land Development Regulations 13 SUPPLEMENTAL REGULATIONS 13.01 Transportation Demand Management 13.02 Off Street Parking and Loading 13.03 Bicycle Parking and Storage 13.04 Landscaping, Screening, and Street Trees 13.05 Stormwater Management 13.06 Airport Approach Cones 13.07 Exterior Lighting 13.08 Outdoor Storage and Display 13.09 Solar Radiation 13.10 Connections across a Lot 13.11 Fences 13.12 Utility Cabinets and Similar Structures 13.13 Signs 13.14 Subsurface Sewage Disposal Systems. 13.15 Satellite Dishes 13.16 Retaining Walls 13.17 Residential Design for New Homes 13.18 Transportation Standard and Congestion Policy 13.01 Transportation Demand Management A. Purpose. Transportation Demand Management (TDM) is a strategy to increase the overall efficiency of the transportation system by diversifying transportation options and reducing single-occupancy vehicle (SOV) trips and/or vehicle miles traveled (VMT). The primary objectives of TDM are to mitigate traffic congestion, reduce vehicle emissions, provide users mobility choice, and improve community livability. B. Applicability. (1) TDM requirements shall apply in all zoning districts and to land development as follows: (a) Master plans shall apply TDM requirements to the entire area of land development, or to each phase if the project includes phasing. (b) Site Plan Review shall apply TDM requirements. C. Calculation Of Trips Generated. (1) Reference Materials. Trips generated will be evaluated using the methodology established in Appendix B. (2) Net Change. The City will consider the net change in trips generated by a proposed development. (a) Trips shall be calculated using the most appropriate land use category and the estimate of PM peak hour trips as estimated by the current Institute of Transportation Engineers (ITE) Trip Generation Manual. (b) A lot which has an existing land use shall use its currently-permitted trip generation rate as the baseline. If no such rate can be identified through permitting records, the applicant shall calculate a baseline trip generation rate as per section 13.01 C (1). Page 191 of 346 SUPPLEMENTAL REGULATIONS ARTICLE 13 South Burlington Land Development Regulations (c) Lots which have no existing permitted or developed land use or where a previously-permitted or developed land use has been abandoned for more than three (3) years are considered to have zero (0) preexisting trip generation. (3) The DRB or Administrative Officer may, at their discretion, declare multiple buildings that are part of a single parcel, application, master plan or master plan phase, to be a single entity for the purposes of calculating TDM requirements. D. TDM Development Category. A development is assigned a TDM Development Category based on the estimated net change in PM Peak Hour Vehicle Trips on the adjacent street. Table 13-1. Calculating TDM Development Categories TDM Development Category Small Development Standard Development Large Development Net Change in PM Peak Hour Vehicle Trips <25 25-75 >75 E. TDM Reduction Requirements. A development is required to achieve the minimum required amount of reduction in added PM Peak Hour trips generated by TDM Development Category as enumerated in Table 13-2. “Reduction” refers to the total number of trips reduced by a TDM Action. Table 13-2. Minimum TDM Requirements For Developments Site Category Small Standard Large Trip Reduction Targets No TDM Actions required 5% Target TDM Reduction 14% Target TDM Reduction F. TDM Credits. (1) Enhanced Transit Proximity Credit. An Enhanced Transit Proximity Credit equal to a 10% reduction in PM Peak Hour trips generated shall be applied to buildings whose primary entrance(s) fronts directly onto one of the following roadways: Shelburne Road and Shelburne Street; Williston Road from the Burlington city limits to its intersection with Kennedy Drive, inclusive of the full intersection; Kennedy Drive; Dorset St from its intersection with Kennedy Drive to its intersection with Williston Rd, inclusive of the full intersections; and/or land located within the City’s Neighborhood Development Area. (a) All buildings for which an applicant elects to apply an Enhanced Transit Proximity Credit shall demonstrate a separated and direct pedestrian connection from the building or buildings’ primary entrance(s) to the sidewalk, multiuse path, or other pedestrian facility located on the road served by transit. (b) Applicants for the Enhanced Transit Proximity Credit shall provide evidence to the Development Review Board or Administrative Officer that the Applicant has met or communicated with staff or authorized representatives of Green Mountain Transit or its successor concerning the project. Page 192 of 346 ARTICLE 13 SUPPLEMENTAL REGULATIONS South Burlington Land Development Regulations (c) Buildings which are part of a master plan, PUD, or site plan review that is subject to TDM but which do not have a primary entrance fronting directly onto an eligible road segment do not qualify for the Enhanced Transit Proximity Credit. (2) Standard Transit Proximity Credit. A Standard Transit Proximity Credit equal to a 5% reduction in PM Peak Hour trips generated shall be applied to buildings located within 0.25 miles of, but which lack frontage along, any of the above-mentioned sections of road, provided that the building’s primary entrance(s) are located within a 0.25 mile radius of an eligible road segment. (a) Buildings which are part of a master plan, PUD, or site plan review that is subject to TDM but which do not have a primary entrance located within a 0.25 mile radius of an eligible road segment do not qualify for either Transit Proximity Credit. (3) Non-Residential Mixed-Use Credit. A Non-Residential Mixed-Use Credit equal to a 3% reduction in PM Peak Hour trips generated may be applied to non-residential projects that are co-located with a supporting commercial or retail use that will reduce trips through internal capture. (a) The supporting use must be appurtenant to the primary land use and must be sited to favor access by internal pedestrian circulation. (b) This credit shall not affect the calculation of PM Peak Hour Trips generated for projects where it may be applied. (4) Upon an affirmative finding that the abovementioned criteria have been met for a project subject to TDM requirements, the DRB or administrative officer shall grant the appropriate TDM Credit. G. TDM Actions. (1) An applicant shall select policies and physical improvements (collectively “TDM Actions”) to reduce total trip generation and meet the reduction required by TDM according to their project’s TDM Development Category. Each TDM action has a corresponding value that estimates the percentage of total PM Peak Hour trips that action will reduce. (a) Ongoing actions must be maintained as long as the TMP is active for that project or site unless otherwise specified. If an ongoing action is discontinued, applicants must amend their TMP to include new TDM actions sufficient to mitigate their required number of trips. (b) Ongoing Actions are only available to Large Developments. (c) An applicant may exceed the minimum required reduction through various allowable TDM Actions. (d) An applicant choosing multiple TDM Actions must select at least one Active Transportation Action before choosing other Actions. (2) Active Transportation Actions. (a) Sheltered short-term bike parking – 3% reduction Applicants must provide a sheltering structure located above planned or approved bike parking. The bike parking facility must adhere to the following standards: (i) Covered bike parking spaces must be total 20% of car parking spaces or 5 bike parking spaces, whichever is greater. Page 193 of 346 SUPPLEMENTAL REGULATIONS ARTICLE 13 South Burlington Land Development Regulations (ii) The shelter must be erected above a concrete, wood, crushed gravel, or otherwise firm walking surface, must be kept clear of snow, debris, and other obstructions, and must have a direct, separated path to the front entrance of the building(s) it serves. (iii) The shelter must include a roof which extends at least 2.5’ horizontally beyond the outermost bike rack(s). (iv) Bike racks must be of the types listed in Appendix G and comply with the standards for short- term bike parking as per Article 13.03(b) of the LDRs. (v) Bike racks installed under this Action may count towards short-term bike parking minimums as required under Site Plan Review. (b) Ebike-optimized bike parking– 2% reduction. In order to be ebike-optimized, bike parking spaces must adhere to the following standards: (i) Must be located within four feet (4’) of a standard wall outlet supplying electric current sufficient to charge Class 1-3 ebikes. (ii) Outlets must be of a standard wall outlet type. (iii) Ebike optimization may only be added to long-term bike parking spaces. (iv) An applicant must optimize at least 30% of the long-term bike parking spaces located on the site or five (5) spaces, whichever is greater, to receive credit for this action. (c) Bike repair station – 2% reduction Applicant must include a bicycle repair station consisting of a designated, publicly accessible area directly adjacent to the building, such as next to short-term bike parking, underneath covered bike parking, or in the building garage, where bicycle maintenance tools and supplies are readily available on a permanent basis and offered in good condition to encourage bicycling. (i) Tools and supplies should include, at a minimum, those necessary for fixing a flat tire, adjusting a chain, and performing other basic bicycle maintenance. (ii) Available tools should include, at a minimum, a bicycle pump, wrenches, a chain tool, lubricants, tire levers, hex keys/Allen wrenches, Torx keys, screwdrivers, and spoke wrenches. (d) Extra long-term bike parking– 3% reduction (i) For retail, residential, office, and all other non-residential uses except educational facilities required to install long-term bike parking as per Article 13.03(C), the applicant must provide an additional 50% long-term bike parking spaces above the minimum number required, or 3 additional spaces, whichever is greater. (ii) For all other facilities required to install long-term bike parking as per Article 13.03(C), the applicant must provide an additional 50% long-term bike parking above the minimum number spaces required and shall use the applicable rate for the facility type as defined in Table 13-3, or the applicant shall install three (3) long-term bike parking spaces, whichever is greater. (e) Showers and changing facilities – 2% reduction (i) If a residential or mixed-use building is required to install long-term bike parking per Table 13- 3 but is not required to install changing facilities and showers, applicant must provide at least 1 changing and shower facility in addition to the required clothes lockers. Page 194 of 346 ARTICLE 13 SUPPLEMENTAL REGULATIONS South Burlington Land Development Regulations (f) Pedestrian amenities – 2% reduction. Applicant must optimize public spaces (i.e. primary entrances, building accesses, lobbies, etc) to support active commuting modes. Plans must clearly demonstrate a commitment to design that supports active transportation and must include the following features: (i) Wide (at least 8’) walkways which link buildings’ primary entrances to adjacent sidewalks, multiuse paths, and any TDM amenities present on or adjacent to the site; (ii) Landscaping, lighting, sheltering, layout, or other design features that support, encourage, and dignify pedestrian access. (iii) Projects within the Urban Design Overlay district must exceed that district’s design standards through a demonstrated commitment to design that supports active transportation, as determined by the DRB or Administrative Officer. (iv) Projects located outside of the Urban Design Overlay district must meet or exceed that district’s design standards. (3) Site Design Actions. (a) Carpool spaces – 1% reduction. (i) Carpool parking spaces must be clearly marked as exclusively available for non-single occupancy vehicles. (ii) Carpool parking spaces must be located no farther from the main entrance than the closest non-handicapped parking space. (iii) Applicants must provide carpool parking spaces at a ratio of 1 carpool parking space for every 25 general purpose parking spaces provided, with a minimum of 2 spaces, to receive credit for this action. (b) Bus stop concrete pad – 1% reduction. Applicant must build an ADA-accessible concrete pad at a location serviced by Green Mountain Transit or an equivalent public transit service provider. (i) The appropriate transit service provider must provide written approval of location and structure design. (ii) This TDM action is only available for those developments which are already eligible for the Enhanced Transit Proximity Credit. (c) Bus stop shelter – 2% reduction Applicant must install a shelter designed for the exclusive use of public transit riders on an existing or purpose-built ADA-accessible concrete pad at a location serviced by Green Mountain Transit or an equivalent public transit service provider. (i) The appropriate transit service provider must provide written approval of location and structure design. (ii) This TDM Action is only available for those developments which are already eligible for the Enhanced Transit Proximity Credit. (d) Multimodal wayfinding – 1% reduction Page 195 of 346 SUPPLEMENTAL REGULATIONS ARTICLE 13 South Burlington Land Development Regulations The applicant must provide multimodal wayfinding signage that is comprehensive and specifically tailored to convey information about the various transportation services and TDM- related infrastructure in the vicinity. Multimodal Wayfinding Signage shall: (i) Be placed in key locations inside and/or outside of the building (i.e. lobbies, etc.); (ii) Be durable, weatherproof (if outside), and maintained; (iii) Be prominently displayed in a manner that is easily viewable and understandable by users; (iv) Be updated at least once every 5 years; (v) Be provided in map form for the off-site facilities listed below, including standard map features like a scale and directional compass; (vi) Include, at a minimum, the transportation amenities listed below that are provided on-site and within at least 1/2-mile of the project. (vii) The signage for off-site amenities must be separate from the signage for on-site amenities. (viii) On-site amenities that must be listed if present: carshare; childcare; bicycle parking; bicycle amenities & repair services; showers, changing facilities, and/or lockers; shuttle buses and/or/vanpool pick-up/ drop-off locations; any other site-specific TDM-related amenities. (ix) Amenities within 1/2-mile of project that must be listed if present: local and regional transit routes & stops for buses and rail; state or municipally-operated park and rides; bike routes per Local Motion; car share spaces operated by certified car-share organizations. (e) Park and ride spaces – 1% reduction per 5 spots, up to 20 spots (i) Applicant must designate and clearly mark park and ride parking spaces. (ii) Spaces must be available for public use as park and ride spaces for at least 18 consecutive hours per day. (iii) Park and ride spaces must be built and maintained to the same dimensional and performance standards as the rest of the facility where they are located. (4) Ongoing Actions. (a) Purchase GMT ride credits for employees or residents - 1% reduction per 5 riders. (i) Ride credit must have the equivalent value of at least 25 rides per month. (ii) This action is only available for projects which are eligible for either of the Transit Proximity Credits. (iii) Small Developments are not eligible for this Action. (b) Carsharing on-site – 8% reduction. Applicant must partner with a regional car-sharing service to provide a convenient location for a car sharing vehicle on-site. (i) Applicant must demonstrate proof of a current and ongoing revenue support agreement with a certified car-sharing service at the time of occupation to receive credit for this action. (ii) This Action must be maintained for an initial period of no fewer than 3 consecutive years, beginning on the date of occupation. Page 196 of 346 ARTICLE 13 SUPPLEMENTAL REGULATIONS South Burlington Land Development Regulations (c) Chittenden Area Transportation Management Association (CATMA) trip reduction program(s) – 10% reduction. (i) Applicants for Large Developments may join CATMA as a dues-paying member and establish trip reduction program(s) that will achieve the equivalent of an 10% trip reduction. (ii) Applicants seeking TDM credit via CATMA membership must designate a Transportation Coordinator who will be the primary liaison between CATMA, the City, and users of the building(s). (ii) Applicants must also select and establish at least one program from the following list of suggested program types: - Parking cash-out option (employers), separate parking from rent (residents) - Flextime to avoid typical commuter peaks or facilitate public transit use - Ride matching, vanpool or shuttle program with guaranteed ride home option - Family TDM amenities package (iii) Before obtaining a Certificate of Occupancy for a project subject to a TMP that includes joining CATMA, applicant must prepare a plan that is signed by the applicant and CATMA establishing how the planned reduction of at least 10% will be met. Annually until the first required reporting under Section K below, the applicant shall prepare a report detailing how the selected programs were implemented, evaluating effectiveness, and enumerating planned actions to meet the target if not met. Thereafter said report shall be provided on the schedule of the Reporting under Section K below. (iv) In the event that the report indicates an actual reduction of 5% or less, the Administrative Officer may require annual reporting until the actual reductions reach at least 7.5%. (v) If after a period of underperformance the trip reduction rate has not significantly increased, CATMA staff may recommend that City staff enforce the TMP as per Section K. (vi) CATMA staff may decline to partner with an applicant interested in this Action. (5) Other Undefined Actions. If an applicant cannot reasonably meet their trip reduction target specified in Table 13-2 using the TDM Actions listed in Section G, the applicant may propose alternative TDM Actions. The expected trip reduction of any such Action shall be provided by a professional transportation planner or engineer. The Development Review Board or Administrative Officer shall determine the validity of the such Actions proposed by the applicant to achieve the trip reduction targets. H. Voluntary Additional TDM Reductions. (1) Applicants are encouraged to seek additional TDM credit beyond the minimum requirements of this section. (a) The DRB or Administrative Officer shall grant trip reduction up to a maximum of 30% for applicants using a combination of TDM Credits and Actions listed in Sections F & G. (b) The DRB or Administrative officer may approve trip reduction beyond 30% for applicants using a combination of TDM Credits and Actions listed in Sections F & G., provided that a licensed traffic engineer provides evidence that the combination of selected Actions can practically achieve the applicant’s stated trip reduction rate. Page 197 of 346 SUPPLEMENTAL REGULATIONS ARTICLE 13 South Burlington Land Development Regulations I. Fee-in-lieu (1) An applicant may choose to meet the requirements under this section by paying into a fund in lieu of achieving their minimum requirements on-site. The payment will provide revenues to the City to manage collective efforts to achieve TDM goals and objectives to provide transportation mobility and achieve the goals in the comprehensive plan. (2) The fee shall be assessed as $10,000 for each 1 vehicle trip reduction or 1% reduction in trips, whichever is greater, payable prior to the issuance of the zoning permit. J. Transportation Management Plans (TMPs). (1) TMPs. A TMP shall be created to summarize and account for the TDM options selected by the applicant for standard and large land development projects. Small projects are eligible for a TMP waiver. (a) TMPs shall be provided and approved as part of a site plan approval. (b) A TMP shall include the following information: (i) Land use description including the existing and proposed ITE Land Use Code(s), the existing and proposed size of the development (gross floor area, number of household units, etc.). (ii) Reference to Site Plan Review plan set pages, application, or other mapping that shows multimodal infrastructure adjacent or close to the site including sidewalks, paths, bike lanes, and current transit routes and stops. (iii) Estimated PM peak hour vehicle trips from the site as estimated using the latest available ITE Trip Generation rates, and prior permitted maximum trip generation, if applicable. (iv) TDM Actions proposed for the site, including specific quantity, location, and availability, as applicable. (v) Copies of any agreements made with partnering organizations (i.e. CATMA, GMT, etc). (2) Amendments to TMPS. A TMP may be amended by submitting a new TMP to the Planning & Zoning office. (a) Amendments to TMPs may be made voluntarily or in order to correct a non-compliant TMP. (b) No amendment to a TMP shall reduce the amount of trip mitigation as long as the underlying land use category for the development has not also changed prior to the proposed TMP amendment. K. Monitoring and Enforcement of TDM Plans. (1) Compliance Summary. A TMP Compliance Summary includes short summaries of how the approved TDM actions were installed and remain in fully functioning order or are continually being carried out. (2) Standard and Large Developments. Standard and Large Developments required to submit a TMP Compliance Summary to the City of South Burlington Department of Planning & Zoning on the following schedule starting from the first July 1 after occupancy of the development. (a) Standard Development: every 5 years (b) Large developments: every 2 years Page 198 of 346 ARTICLE 13 SUPPLEMENTAL REGULATIONS South Burlington Land Development Regulations (3) Filing. A TMP Compliance Summary may be filed by the developer, landowner, a homeowners association (HOA), a Transportation Management Association (TMA), or other designated management structure. (4) Compliance. Failure to file a TMP and/or failure of demonstration of continued adherence to a TMP shall be considered a violation of the Land Development Regulations. If a TMP Compliance Summary is incomplete, is not filed, or is found to be inaccurate, the City may, in its discretion, enforce the TMP. (a) If a TMP and/or various TDM Actions are found to be ineffective in reducing the number of PM Peak Hour trips by the minimum required, the DRB or Administrative Officer shall require the applicant to submit an amended TMP detailing which TDM Actions and/or Credits they will use to achieve the minimum required reductio n. (b) Failure to abide by any agreement with partnering agencies shall be considered a failure to adhere to a TMP and shall be enforced as such. L. Vehicle Trip Reduction. Vehicle trips mitigated through TDM Actions as per 13.01(G) will not be assessed for Traffic Impact Fees under the City’s Impact Fee Ordinance. This shall not include the Fee-In-Lieu TDM Action beyond the minimum TDM requirement for the project. 13.02 Off Street Parking and Loading A. Purpose. Parking areas and off-street loading, where provided, shall be designed in a manner that minimizes traffic congestion, air pollution, and the risk of motor vehicle and pedestrian accidents, as well as to promote other elements of sound community planning. B. Determination of Parking Spaces. (1) Minimum Parking Amounts. Except as specifically provided in Table 13-1, there shall be no minimum number of parking spaces. See Article 8 (City Center Form Based Codes) for maximum allowable parking by Transect Zone. Table 13-1: Parking Requirements Use Parking Space Requirement Multi-Family Dwelling (studio or 1 bedroom units) 0.75 spaces per Dwelling Unit (DU) Multi-Family Dwelling (2+ bedroom units) 1.0 spaces per DU Note 1: When the required number of spaces is determined to result in a fraction, it shall be increased to the next highest whole number. (2) Reduction. The DRB may approve fewer than required number of parking spaces established in Table 13-1 if it finds the applicant has demonstrated that fewer parking spaces are necessary to meet the needs of the development. C. Location of Off Street Parking, Loading, and Vehicle Entrances. (1) Vehicle Entrance. No curb cuts or vehicle entrance from any public street shall be constructed or maintained except in conformance with all applicable standards of the City of South Burlington and Vermont Agency of Transportation. (2) The installation of acceleration and/or deceleration lanes on the adjacent public street may be required if deemed necessary by the Development Review Board. Page 199 of 346 SUPPLEMENTAL REGULATIONS ARTICLE 13 South Burlington Land Development Regulations (3) Driveways shall be located more than two hundred (200) feet from signalized street intersections (measured between the near edges of the driveway and intersection), except upon recommendation by the Director of Public Works based on site-specific circumstances Greater distances are encouraged on streets with high traffic volumes. D. Off-Site Parking. The use of any off-site, separately-owned parking by another person or business for adjacent or nearby use shall not require approval under these regulations. Minimum parking requirements for residential uses may be met in off-site, separately-owned parking with consent of the parking site property owner. In no event, however, shall off-site parking and loading space for any non-residential use be located in any LSN, QCP, or NRP district. E. Shared Parking On A Single Lot. As a matter of public policy, the City of South Burlington finds that the coordination of off-street parking between adjoining non-residential sites is desirable (1) to allow for traffic circulation between sites rather than having all traffic entering and exiting the existing road system to proceed from site to site, (2) to allow for improved pedestrian circulation, and (3) to reduce the overall amount of paved surface on a site. This coordination can take various forms, from a simple paved connection to a more elaborate plan to provide both a connection and shared parking arrangements. F. Access Management Requirements. It is the intent of the City to minimize traffic and pedestrian conflicts caused by vehicular driveways on public roadways by reducing the number of required driveways and by minimizing the number of vehicles utilizing such driveways off public roadways. All applicants must make an effort to reduce these impacts. All commercial lots (retail, restaurant, office, service uses, excluding residential, agricultural and industrial uses) located adjacent to other commercial lots must provide a driveway connection to any adjacent commercial lot. If the adjacent property owner does not want to provide for that connection, the applicant must provide an easement to do so in the future when circumstances may change. This driveway connection or easement should be located where the vehicular and pedestrian circulation is most feasible. G. Design Requirements for Parking Spaces, Parking Aisles, Lighting, and Landscaping. (1) New parking spaces shall be nine (9) feet by eighteen (18) feet. The DRB or Administrative Officer may allow a smaller size to accommodate physical obstacles of a building or site. The DRB or Administrative Officer may allow and require a larger space only where ADA-compliant spaces are required. Preexisting parking spaces may continue to exist and count toward minimum requirements. (2) Design requirements for off-street parking and loading are provided in Section 13.04, Landscaping, Screening, and Street Trees, and Section 13.07, Exterior Lighting. All paved parking spaces shall be striped or otherwise physically delimited. (3) The location of parking areas and loading docks shall prevent conflicts with entering and exiting traffic onto a public street and prevent conflicts between vehicles and pedestrians. The distance between access points and parking areas shall be adequate to minimize blockage and prevent back- ups onto the public street. (4) Provision shall be made for access by police, fire and emergency vehicles. Page 200 of 346 ARTICLE 13 SUPPLEMENTAL REGULATIONS South Burlington Land Development Regulations (5) Pedestrian safety. Insofar as practicable, pedestrian and bicycle circulation shall be separated from motor vehicle circulation. Safe and convenient pedestrian circulation, including appropriate sidewalks, shall be provided on the site and its approaches. The pedestrian circulation on site shall be designed to minimize adverse effects of vehicular traffic on sidewalks and recreation paths. (6) Bicycle Parking Or Storage Facility. See Section 13.03 (7) Stormwater management strategies that facilitate infiltration including but not limited to recessed planting islands, bioretention facilities, and pervious parking spaces are encouraged in the design of any off-street parking or loading area. (8) Tandem parking shall be permitted for meeting minimum parking requirements for residential uses. H. Handicapped Accessible Parking Spaces. The size, number, type and location of parking spaces shall comply with the current ADA Accessibility Guidelines. I. Recreational Vehicles. Recreational vehicles shall not be stored on any common open lands other than those specifically approved for such purpose by the DRB through the review process. J. Parking Reserved for Future Use. In order to minimize the construction of unnecessary parking, the Administrative Officer or Development Review Board may approve a site plan with parking reserved for construction at a future date. In such granting such approval, the Administrative Officer or DRB shall specify a timeframe during which said parking may be constructed without receipt of an additional site plan approval. In no case shall such time frame exceed ten (10) years. Removal of parking reserve areas shall require site plan amendment. K. Structured Parking. Structured parking is encouraged. The parking structure may be stand-alone or may be part of or attached to another structure. Such structures typically comprise parking decks, garages, or roof-top parking areas. The Development Review Board may require design elements for parking structures that specifically address safety, security, lighting, landscaping, and visual aesthetics as conditions for approval. L. Reserved Parking Spaces. Reservation of non-residential parking spaces for single tenants or users is strongly discouraged. Reserved parking, and associated signage, shall be permitted only under the following circumstances: (1) To meet or exceed Federal ADA requirements (2) To provide a limited number of courtesy spaces for users (examples: 15-minute only, pick & drop off, seniors, expectant mothers) (3) To provide for electric vehicles, carpool spaces, car-share spaces, or other similar purposes (4) To provide a minimal number of spaces for a small commercial business where other residential or non-residential uses would otherwise dominate parking areas (5) Where the Development Review Board finds that other demonstrated unique circumstances exist that would require a limited number of reserved spaces. In such an instance, the Board shall permit only the minimum number necessary to address the unique circumstances. Page 201 of 346 SUPPLEMENTAL REGULATIONS ARTICLE 13 South Burlington Land Development Regulations M. Modifications of Requirements. The Administrative Officer or Development Review Board may approve minor modifications to parking lot dimensions as specified in Table 13-2 where the applicant can demonstrate necessity of modifications and where safety of the motor vehicle and pedestrian circulation are retained. Table 13-2: Parking Lot Dimensions A W Parking Angle (Degrees) Width of Aisle (Feet) 0° 12’ 20° 12’ 25° 12’ 30° 12’ 35° 12’ 40° 12’ 45° 13’ 50° 13’ 55° 14’ 60° 15’ 65° 17’ 70° 20’ 75° 23’ 80° 24’ 85° 24’ 90° 24’* Note: The width of an aisle serving a single row of 90 degree parking spaces may be reduced to 22 feet. 13.03 Bicycle Parking and Storage A. Purpose. These standards for short term parking and long term storage of bicycles are intended to recognize and promote cycling as a viable means of transportation and recreation for residents, consumers, visitors, and employees. B. Short Term Bicycle Parking. (1) Applicability. These standards apply to any application for development that requires site plan approval under Section 14.03 of the LDRs, and all applications for development of parcels located in the City Center Form Based Codes District. (a) In order to facilitate a reasonable nexus between land development and bicycle parking requirements, applications for development to which these standards apply on parcels with existing development shall be permitted to phase in required short term bicycle parking as follows: (i) For the first application, the applicant shall propose and install at least 50% of the required number of bicycle parking spaces. (ii) Thereafter, any applications for development of the same parcel shall comply with all standards for Short Term Bicycle Parking. Page 202 of 346 ARTICLE 13 SUPPLEMENTAL REGULATIONS South Burlington Land Development Regulations (b) Where pre-approved bicycle racks exist on the site at the time of application, they may be permitted to remain and count towards the minimum requirements of this Section provided: (i) They are compliant with 13.03 B(2)(d)(i) and 13.03(B)(2)(d)(iv) of these regulations; (ii) The bike frame can be attached in at least one place and the bike is supported to stay upright; (iii) The rack is not constructed of wood; (iv) Each space on a rack where a bicycle frame can be attached in at least one place and supported to stay upright shall be considered a bicycle parking space; (v) If parking is on the end or outside of a rack, the parking space must be clear of obstructions in compliance with Appendix G and not obstruct passageways. (2) Standards For Bicycle Parking Spaces (bps). (a) The minimum number of bicycle parking spaces shall be as indicated on Table 13-3. (b) Bicycle parking shall utilize the ‘Inverted U’ style or as shown as acceptable in Appendix G. The rack may not be constructed of wood. (c) If an applicant wishes to install something different, any bps shall meet the following specifications: (i) Allow secure locking of the frame and wheel; (ii) Support a bicycle frame at two points of contact; (iii) Meet the intent of the examples provided in Appendix G. (d) Location & Serviceability. Each bps shall be: (i) Securely anchored to the ground and on a hard, stabilized surface of at least six feet in length and a width sufficient to satisfy the remainder of these regulations; (ii) Spaced to allow easy access to each bicycle (iii) Spaced sufficiently away from obstructions, including walls, doors, posts, columns, landscaping, and other racks, in accordance with Appendix G. (iv) Easily accessible from the street or multi-use path and protected from motor vehicles; (v) Visible to passers-by and well-lit to promote usage and enhance security; especially in retrofitted areas, or where good visibility is not achievable, an applicant may be required to install directional signage. (vi) Located at or nearby principal entrances where reasonably practicable, unless doing so compromises the other directives of this subsection, including visibility and accessibility. (vii) Dedicated bicycle parking areas, identified with striping and protected using bollards or islands, are strongly encouraged. (e) Bicycle parking serving buildings with multiple entrances shall be dispersed so that all principal entrances are served. (f) For office building use, up to 50% of short term bicycle parking requirements may be met by supplementing the (indoor) long term bicycle parking requirements with the required short term bicycle parking spaces. Page 203 of 346 SUPPLEMENTAL REGULATIONS ARTICLE 13 South Burlington Land Development Regulations C. Long Term Bicycle Storage. (1) Applicability. These standards apply to: (a) Construction of new mixed use or commercial buildings and any new residential building with more than 3 dwelling units; (b) Structural alterations involving the replacement, relocation, or removal of, or other similar changes to, more than 50% of all load bearing walls shall require compliance with all standards for long term bicycle storage. (c) Building additions of more than 5,000 gross square feet in area. (2) Standards. (a) For Residential Buildings (i) Secure Storage in bicycle locker, bicycle storage room or private enclosure outside of the private residence that protects entire bicycle, including components and accessories against theft and weather. (ii) Garages which are private to each unit may count towards parking requirements. (b) For Non-Residential Buildings (i) Secure storage in bicycle locker, bicycle storage room or enclosure that protects entire bicycle, including components and accessories against theft and weather, allows secure locking of the frame and wheel and supports a bicycle upright. (ii) Where indicated in Table 13-4, clothes lockers shall be lockable with the following minimum dimensions: 12” wide, 18” deep, 36” high. Lockers do not need to be in same place as bicycle storage; (iii) Secure office space (private offices) may account for up to 50% of the required indoor parking areas and lockers provided they are located on the ground floor of the building, accessible and of sufficient size; (iv) Shower and changing facilities dependent on the number of bicycles required to be stored and as indicated on Table 13-3. Table 13-3: Bicycle Parking Requirements Type of Activity Short Term Bike Parking Long Term Bike Storage Residential buildings with more than 3 units 1 for every 10 units; minimum 41 1 for every unit Warehousing & distribution, Distribution and related storage, lumber and contractor’s yard, and light manufacturing 1 per 20k SF; minimum 2 2 per tenant Retail, restaurant, office, and all other non-residential uses except Educational facility. 1 per 5k SF; minimum 4 50% of required short term bike parking spaces. Educational facility 1 space for each 20 students of planned capacity. For new buildings only, one space for each 20 employees. Note1: May request waiver from minimum per building for buildings with less than 6 units if Development Review Board finds the need is adequately met for visitors. Page 204 of 346 ARTICLE 13 SUPPLEMENTAL REGULATIONS South Burlington Land Development Regulations Table 13-4: Long Term Parking – Shower and Changing Room Facility Requirements Number of protected long term bicycle parking spaces Changing facility Unisex Showers Clothes Lockers 1-3 none none 1 4 - 9 12 12 3 For every 10 12 12 40% of LTB parking Note2: If unisex, units available to any gender; otherwise provide one per gender 13.04 Landscaping, Screening, and Street Trees A. Purpose. The City of South Burlington recognizes the importance of trees, vegetation, and well-planned green spaces in bringing nature into the city and using these as a resource in promoting the health, safety, and welfare of city residents through improved drainage, water supply recharge, flood control, air quality, sun control, shade, and visual relief. Landscaping and screening shall be required for all uses subject to site plan and planned unit development review. Street tree planting shall be required for all public streets in a subdivision or planned unit development. In evaluating landscaping, screening, and street tree plan requirements, the Development Review Board shall promote the retention of existing trees while encouraging the use of recommended plant species. In making its decisions, the Development Review Board may refer to the Vermont Tree Selection Guide, published by the Vermont Urban & Community Forestry Program and/or the recommendation of the City Arborist. B. Landscaping of Parking Areas. Except for parking spaces accessory to a one-family or two-family dwelling, all off-street parking areas subject to review by the Development Review Board, shall be curbed and landscaped with appropriate trees, shrubs, and other plants including ground covers, as approved by the Development Review Board. Sections of recessed curb are permitted if their purpose is to allow stormwater runoff from the adjacent parking area to reach stormwater collection, treatment and management infrastructure. The Development Review Board shall consider the adequacy of the proposed landscaping to assure the establishment of a safe, convenient, and attractive parking area and the privacy and comfort of abutting properties. (1) All off-street parking areas shall be landscaped around the perimeter of the lot with trees, shrubs and other plants. Perimeter planting shall be set back from the curb sufficiently to allow for snow storage. The purpose of perimeter planting shall be to mitigate the view of the parking lot from the public way and from adjacent uses and properties, and to provide shade and canopy for the parking lot. In some situations it may be necessary both for surveillance purposes and for the perception of safety to install the size and type of plants that leave visual access between the parking lot to the public way or other pedestrian areas. (2) In all parking areas containing either or both of (a) twenty-eight (28) or more contiguous parking spaces, or (b) parking lots with more than a single circulation lane, at least ten percent (10%) of the interior of the parking lot shall be landscaped islands planted with trees, shrubs and other plants. Such requirement shall not apply to structured parking or below-ground parking. (3) All interior and perimeter planting shall be protected by curbing unless specifically designed as a collection and treatment area for management of stormwater runoff as per 13.04(B)(5)(c) below. Page 205 of 346 SUPPLEMENTAL REGULATIONS ARTICLE 13 South Burlington Land Development Regulations Interior planted islands shall have a minimum dimension of six (6) feet on any one side, and shall have a minimum square footage of sixty (60) square feet. Large islands are encouraged. (4) Landscaping Requirements. (a) Landscaping shall include a variety of trees, shrubs, grasses and ground covers. All planting shall be species hardy for the region and, if located in areas receiving road runoff or salt spray, shall be salt-tolerant. (b) At least one (1) major deciduous shade tree shall be provided within or near the perimeter of each parking area, for every five (5) parking spaces. The trees shall be placed evenly throughout the parking lot to provide shade and reduce glare. Trees shall be placed a minimum of thirty (30) feet apart. (c) Trees shall have a caliper equal to or greater than two and one-half (2 ½) inches when measured on the tree stem, six (6) inches above the root ball. (d) Where more than ten (10) trees are installed, a mix of species is encouraged; the species should be grouped or located in a manner that reinforces the design and layout of the parking lot and the site. (e) Within the City Center FBC District, landscaping required within this section shall not count towards meeting minimum landscape budget requirements as detailed in Section 13.04(G). Figure 13-2, Parking Area Landscaping From Landscape Guide for Vermont Roadways & Transportation Facilities (5) Planting islands. (a) Curbed planting islands shall be designed and arranged to define major circulation aisles, entrances and exits, provide vegetative focal points, provide shade and canopy, and break up large expanses of asphalt pavement. All islands shall be planted with trees, shrubs, grasses and ground covers. Plant materials judged to be inappropriate by the Development Review Board will not be approved. Page 206 of 346 ARTICLE 13 SUPPLEMENTAL REGULATIONS South Burlington Land Development Regulations (b) Curbs of such islands shall be constructed of concrete or stone and shall be designed to facilitate surface drainage and prevent vehicles from overlapping sidewalks and damaging the plants. Sections of drop curb are permitted if their purpose is to allow stormwater runoff from the adjacent parking area to reach stormwater collection and management infrastructure. (c) Islands are strongly encouraged to be graded and planted to serve as collection and treatment areas for stormwater management. It is recommended that sections of drop curb no greater than five feet in length be installed to allow stormwater to flow off the paved parking lot and onto the island for treatment. At the DRB’s discretion, curbless parking areas and planting islands may be allowed where these are specifically designed for stormwater management. However, ends and corners of such areas must be protected with curbing to prevent cars from driving over or parking on planted areas. (6) Solar Canopies. Where canopies that serve as solar electricity generation facilities are proposed over surface parking areas, the requirements of this section shall be modified as follows: (a) The requirements for interior landscaping and planting islands shall not apply to any area covered by solar panels or their support structures, and; (b) The requirements for perimeter trees shall not apply where such trees would interfere with the installation or function of the panels; instead, alternate means of providing screening and reducing glare from parking area perimeters, including hedges, fencing, or art installations shall be provided. (7) Snow storage areas must be specified and located in an area that minimizes the potential for erosion and contaminated runoff into any adjacent or nearby surface waters. Figure 13-3: Example of Acceptable Perimeter Area Landscaping Illustration by Kathleen Ryan, ASLA Page 207 of 346 SUPPLEMENTAL REGULATIONS ARTICLE 13 South Burlington Land Development Regulations Figure 13-4: Example of Acceptable Internal and Perimeter Landscaping Illustration by Kathleen Ryan, ASLA C. Screening or Buffering. The Development Review Board will require landscaping, fencing, land shaping and/or screening along property boundaries (lot lines) whenever it determines that a) two adjacent sites are dissimilar and should be screened or buffered from each other, or b) a property’s appearance should be improved, which property is covered excessively with pavement or structures or is otherwise insufficiently landscaped, or c) a commercial, industrial, and multi-family use abuts a residential district or institutional use, or (d) a parking or loading area is adjacent to or visible from a public street. (1) There shall be sufficient landscaping, walls, or fencing of sufficient height (minimum of three (3) feet) and opacity to effectively screen the parking or loading area year-round from adjacent public streets. (2) Screening of a parking or loading shall be provided where headlights from vehicles on site may be visible and project parallel to a public street. (3) There shall be sufficient landscaping, walls, or fencing of sufficient height and opacity to effectively screen outdoor storage areas, refuse, recycling, and compost collection (excluding on-site composting) areas. (4) The landscaping shall be designed to minimize erosion and stormwater runoff, and to protect neighboring residential properties from the view of uses and parking areas on the site. The landscaping shall be of such type, height, and spacing, as in the judgment of the Development Review Board, will effectively screen the activities on the lot from the view of persons standing on adjoining properties. The plan and specifications for such planting shall be filed with the approved plan for the use of the lot Page 208 of 346 ARTICLE 13 SUPPLEMENTAL REGULATIONS South Burlington Land Development Regulations (5) Modifications. Where the existing topography and/or landscaping provides adequate screening or would render the normally required screening inadequate, the Development Review Board may modify the planting and/or buffer requirements by, respectively, decreasing or increasing the requirements. (6) Recreational vehicle parking areas shall be screened with evergreen trees and shrubs and such landscaping plan shall be part of the application. (7) Additional landscaping above and beyond the minimum landscape budget formula may be required for the purpose of adding a buffer strip along I-89 to properly screen development from the highway. D. Front Yards of Non-Residential and Multi-Family Uses. In the case of non-residential and multi-family uses, the required front yard and/or the frontage along designated arterial and collector streets (see Article 3, Section 3.06 for this list) shall be suitably landscaped and maintained in good appearance. Landscape elements that reduce stormwater runoff and promote stormwater infiltration are encouraged. The Development Review Board shall require the applicant to meet the provisions of sections 13.04(F) and (G). E. Site Restoration. Grading or seeding shall be required to restore the condition of any portion of a site that is disturbed during construction in compliance with Section 16.03 (Standards for Erosion Control during Construction). F. Landscaping Plan. Landscaping plans shall be prepared by a landscape architect, master gardener, nursery professional, arborist, professional landscape designer, or other landscape professional. See Appendix E, Submission Requirements. G Landscaping Standards. (1) The Development Review Board shall require compliance with any Tree Ordinance or Landscaping Design Standards enacted by the City of South Burlington, subsequent to the effective date of these regulations. (2) Overall, there shall be a mix of large canopy tree species within each landscaping plan. (3) Landscaping Budget Requirements. The Development Review Board shall require minimum planting costs for all site plans, as shown in Table 13-4 below. In evaluating landscaping requirements, some credit may be granted for existing trees or for site improvements other than tree planting as long as the objectives of this section are not reduced. The costs below are cumulative; for example, a landscaping budget shall be required to show a planned expenditure of three percent of the first $250,000 in construction or improvement cost plus two percent of the next $250,000 in construction or improvement cost, plus one percent of the remaining cost over $500,000. The landscaping budget shall be prepared by a landscape architect or professional landscape designer. Table 13-4: Landscaping Value Requirements Total Building Construction or Building Improvement Cost % of Total Construction/ Improvement Cost $0 - $250,000 3% Next $250,000 2% Additional over $500,000 1% Page 209 of 346 SUPPLEMENTAL REGULATIONS ARTICLE 13 South Burlington Land Development Regulations H. Enforcement, Penalties, and Appeals. (1) Inspection. Prior to the expiration of the construction bond or other guarantee and prior to the issuance of the certificate of occupancy, the Administrative Officer shall inspect all landscaping and screening. They shall identify all trees, shrubs, and other plants that are not in a healthy and vigorous condition or have been removed and provide a list of replacement requirements and a deadline for re-planting to the project owner. I. Landscape Maintenance. Maintenance and responsibility. All planting shown on an approved site plan shall be maintained by the property owner in a vigorous growing condition throughout the duration of the use. Plants not so maintained shall be replaced with new plants at the beginning of the next immediately following growing season. Trees with a caliper of less than 5” may be replaced on an inch-by-inch basis with trees of the same genus of at least 2” caliper each. No permit shall be required for such replacements provided they conform to the approved site plan. Replacement of trees with a caliper of greater than 5” shall require an amendment to the site plan. 13.05 Stormwater Management A. Purpose. The purpose of this section is: (1) To promote stormwater management practices that maintain pre-development hydrology through site design, site development, building design and landscape design techniques that infiltrate, filter, store, evaporate and detain stormwater close to its source; (2) To protect water resources, particularly streams, lakes, wetlands, floodplains and other natural aquatic systems on the development site and elsewhere from degradation that could be caused by construction activities and post-construction conditions; (3) To protect other properties from damage that could be caused by stormwater and sediment from improperly managed construction activities and post-construction conditions on the development site; (4) To reduce the impacts on surface waters from impervious surfaces such as streets, parking lots, rooftops and other paved surfaces; and (5) To promote public safety from flooding and streambank erosion, reduce public expenditures in removing sediment from stormwater drainage systems and natural resource areas, and to prevent damage to municipal infrastructure from inadequate stormwater controls. B. Applicability. (1) These regulations will apply to all development within the City of South Burlington where one-half acre or more of impervious surface area exists or is proposed to exist on an applicant’s lot or parcel. (2) If the combination of new impervious surface area created and the redevelopment or substantial reconstruction of existing impervious surfaces is less than 5,000 s.f. then the application is exempt from requirements in this Section 13.05. Page 210 of 346 ARTICLE 13 SUPPLEMENTAL REGULATIONS South Burlington Land Development Regulations (3) Applications meeting the criteria set forth in section 13.05(B)(1), and not exempt under section 13.05(B)(2), shall meet the application requirements in Section 13.05(C) and the site design requirements in section 13.05(D) as follows: (a) If the area of the lot or parcel being redeveloped or substantially reconstructed is less than 50% of the lot’s existing impervious surface area, then only those portions of the lot or parcel that are being redeveloped or substantially reconstructed must comply with all parts of Section 13.05(D). All new impervious surface area must meet the site design requirements of section 13.05(D). (b) If the area of the lot or parcel that is being redeveloped or substantially reconstructed exceeds 50% of the lot or parcel’s existing impervious surface area then all of the lot or parcel’s impervious surfaces must comply with all parts of Section 13.05(D). All new impervious surface area must meet the site design requirements of Section 13.05(D). C. Application Requirements. Applicants required to comply with Section 13.05 shall provide the following information in their application: (1) Sub-watershed boundaries and drainage area delineations for all stormwater treatment practices. (2) Location, type, material, size, elevation data, and specifications for all existing and proposed stormwater collection systems, culverts, and stormwater treatment practices. (3) Soil types and/or hydrologic soil group, including the location and results of any soil borings, infiltration testing, or soil compaction testing. Infiltration testing shall be completed using methods identified in the VSMM (see section 4.3.3.2 in the 2017 VSMM, or as updated). (4) A brief written description of the proposed stormwater treatment and management techniques. Where Tier 1 practices are not proposed (see Section 13.05(C)(1)(a)), the applicant shall provide a full justification and demonstrate why the use of these practices is not possible before proposing to use Tier 2 or Tier 3 practices. (5) A detailed maintenance plan for all proposed stormwater treatment practices. (6) Modeling results that show the existing and post-development hydrographs for the WQv storm event, the one-year, twenty-four hour rain event, and the twenty-five year, twenty-four hour storm event (rainfall amounts to be determined using NOAA, Atlas 14 data and a type II rainfall distribution). Any TR-55 based model shall be suitable for this purpose. The intent of the twenty- five year storm event analysis is to ensure the proposed project does not overload an existing downstream drainage structure(s) and result in damage to private or public infrastructure or property. The analysis is also intended to ensure that stormwater infrastructure installed as a part of a development can accommodate future upstream development. (7) The applicant’s engineer must provide such information as the stormwater superintendent or designee deems necessary to determine the adequacy of all drainage infrastructure. D. Process. (1) Applications for proposed development that solely include development related to stormwater management (Section 13.05) may be reviewed via Administrative Site Plan Review (Section 14.04(B)). (2) Applications involving an Environmental Restoration Project may be reviewed via Administrative Site Plan Review (Section 14.04(B)). E. Design Requirements – On-Site Treatment. Page 211 of 346 SUPPLEMENTAL REGULATIONS ARTICLE 13 South Burlington Land Development Regulations Applicants shall meet the following standards for on-site treatment of stormwater: (1) The Water Quality Volume (WQv) as defined in the Vermont Stormwater Management Manual (VSMM) for the lot or parcel’s impervious surfaces shall not leave the lot via overland runoff and shall be treated using Tier 1 practices as detailed in the VSMM. (a) If it is not possible to treat the volume of stormwater runoff using a Tier 1 practice as specified in Section 13.05(D)(1) due to one or more of the following constraints: (i) Seasonally high or shallow groundwater, (ii) Shallow bedrock, (iii) Soil infiltration rates of less than 0.2 inches per hour, (iv) Soils contaminated with hazardous materials, as that phrase is defined by 10 V.S.A. §6602(16), as amended, (v) The presence of a “stormwater hotspot” as defined in the VSMM, or (vi) Other site conditions prohibitive of on-site infiltration runoff subject to the review and approval of the Development Review Board, then the WQv shall be treated on the lot using Tier 2 practices as described in the most recently adopted version of the VSMM. A site with an existing Tier 3 practice is allowed to evaluate retrofitting/expanding this practice to meet the requirements of Section 13.05(D)(2). Existing Tier 3 practices shall only be used to satisfy the requirements of Section 13.05(D)(1) in accordance with the Water Quality Practice Selection Flowchart in the VSMM. (2) The post-construction peak runoff rate for the one-year, twenty-four hour (rainfall amounts to be determined using NOAA, Atlas 14 data and a type II rainfall distribution) rain event shall not exceed the existing peak runoff rate for the same storm event from the site under conditions existing prior to submittal of an application. (3) Applicants who demonstrate that the required control and/or treatment of stormwater runoff per section 13.05(D)(1) and 13.05(D)(2) cannot be achieved for areas subject to these regulations per Section 13.28(B) may utilize Site Balancing as defined in these Regulations. (4) New drainage structures shall comply with the following standards: (a) All drainage structures must be designed to safely pass the twenty-five year, twenty-four hour (4.0 inch) rain event (rainfall amounts to be determined using NOAA, Atlas 14 data and a type II rainfall distribution); (b) Concrete risers, not brick and mortar, must be used to achieve the necessary drainage structure elevation. (c) Driveway culverts must have a minimum diameter of 18” and 12” of cover above them. F. Design Requirements – Impacts to Municipal System. Stormwater runoff from sites meeting the requirements of Section 13.05(D), or sites that are exempt from Section 13.05(D), may discharge to the municipal stormwater system, or a stormwater system within a proposed future municipal right-of-way, provided that the stormwater system has adequate capacity to convey the twenty-five year storm event from the contributing drainage area. All applicants shall meet the following standards if it is determined that their project may have impacts to municipal stormwater system: Page 212 of 346 ARTICLE 13 SUPPLEMENTAL REGULATIONS South Burlington Land Development Regulations (1) New drainage structures connected to the municipal stormwater system, or a stormwater system within a proposed future municipal right-of-way, shall comply with the following standards: (a) New drainage structures should be located within the street right-of-way (b) All drainage structures must be designed to safely pass the twenty-five year, twenty-four hour (4.0 inch) rain event (rainfall amounts to be determined using NOAA, Atlas 14 data and a type II rainfall distribution); (c) Drainage pipes must have a minimum diameter of 15” and be connected to drainage structures using booted connections. (d) Concrete risers, not brick and mortar, must be used to achieve the necessary drainage structure elevation. (e) House footing drains shall only be connected to drainage facilities located in the street right-of- way when a suitable location to daylight the footing drain cannot be found. (f) Footing drains must not be connected to road underdrain. (g) Any footing drains connected to drainage facilities in the street right-of-way shall be provided with a backflow preventer. (h) Driveway culverts must have a minimum diameter of 18” and 12” of cover above them. (2) Drainage Structures To Accommodate Upstream Development. Culverts, pipes, or other drainage facilities shall be of sufficient size to accommodate potential runoff from the entire upstream drainage area, whether or not all or part of the upstream area is on the applicant’s lot or the parcel subject to the application. In determining the anticipated amount of upstream runoff for which drainage facilities must be sized, the applicant shall design the stormwater drainage system assuming the total potential development of upstream drainage areas. All drainage structures shall be designed to, at a minimum, safely pass the twenty-five year, twenty-four hour rain event (rainfall data to be determined using NOAA, Atlas 14 and a type II rainfall distribution). (3) Responsibility for Downstream Drainage Structures. In instances where the Stormwater Superintendent anticipates that additional runoff incident from a proposed development may overload an existing downstream drainage structure(s) and result in damage to private or public infrastructure or property, the DRB shall impose conditions requiring the applicant to incorporate measures to prevent these conditions, notwithstanding whether such improvements are located on or off the applicant’s property. G. Intermittent Stream Alteration and Relocation Standard. Alteration of Intermittent Streams. When a development incorporates Tier 1 or Tier 2 stormwater treatment practices (as defined in the VSMM) to manage the stormwater that an intermittent stream is conveying in pre-development conditions, the intermittent stream may be altered or relocated as part of stormwater treatment, provided the stormwater management system meets all standards in this Section. An alteration or relocation of an intermittent stream is exempt from the Vermont Stream Alteration Rule. 13.06 Airport Approach Cones All applications for development within the Airport Approach Cones, as shown on the Overlay Districts Map, involving new or expanded buildings or structures shall provide documentation that either a Notice to the Federal Aviation Authority (FAA) is not required, or an application for a Determination of No Hazard Page 213 of 346 SUPPLEMENTAL REGULATIONS ARTICLE 13 South Burlington Land Development Regulations has been submitted to the FAA. Where an application for Determination of No Hazard has been submitted, no zoning permit for construction shall be issued without demonstration of receipt of an issued Determination. 13.07 Exterior Lighting A. General Requirements. All exterior lighting for all uses in all districts except for one-family and two-family uses shall be of such a type and location and shall have such shielding as will direct the light downward and will prevent the source of light from being visible from any adjacent residential property or street. Light fixtures that are generally acceptable are illustrated in Appendix D. “Source of light” shall be deemed to include any transparent or translucent lighting that is an integral part of the lighting fixture(s). Site illumination for uncovered areas shall be evenly distributed. Where feasible, energy efficient lighting is encouraged. B. Specific Requirements for Parking Areas. Light sources shall comply with the following: (1) The number and spacing of required light pole standards in a parking area or lot shall be determined based on the type of fixture, height of pole, number of fixtures on the pole, and the desired lighting level. Unless the applicant can demonstrate a reasonable alternative, lighting shall be considered evenly distributed if the light fixtures are placed at intervals that equal four times the mounting height. (2) Pole placement, mounting height, and fixture design shall serve to minimize lighting from becoming a nuisance. All light sources shall be arranged so as to reflect away from adjacent properties. All light sources shall be shielded or positioned so as to prevent glare from becoming a hazard or a nuisance, or having a negative impact on site users, adjacent properties, or the traveling public. Excessive spillover of light to nearby properties shall be avoided. Glare shall be minimized to drivers on adjacent streets. (3) Poles shall be rustproof metal, cast iron, fiberglass, finished wood or similar structural material, with a decorative surface or finish. (4) Poles in pedestrian areas shall not be greater than 30 feet in height and shall utilize underground wiring. (5) Poles in all other areas shall not exceed thirty (30) feet in height and shall utilize underground wiring. (6) Light sources on structures shall not exceed thirty (30) feet, or the height of the structure, whichever is less. Exterior lighting for parking garages and structures shall be mounted no higher that the roof of the structure. (7) Safe pole locations: Breakaway poles shall not be used in parking lots. Poles shall not be erected along the outside of roadway and ramp curves or where vehicles must make sharp turns. Poles should not be located where they might be susceptible to collision strikes. Poles located behind longitudinal traffic barriers should be offset sufficiently to allow for barrier deflection under impact. (8) Pole location in parking lots: Pole locations shall be coordinated with stall and aisle layouts. Where practical, poles should be near the end of parking rows or around the perimeter of the lot. When located at parking stall boundaries, light poles should be mounted on concrete pedestals. Where raised medians or islands are used to separate adjacent stalls, light poles should be placed in these Page 214 of 346 ARTICLE 13 SUPPLEMENTAL REGULATIONS South Burlington Land Development Regulations areas unless pedestrian traffic will be inconvenienced. Where light poles are placed between parking rows in the interior of the lot, the poles should be located on the center line of double rows of parking stalls and on the center line of two opposing stalls and should not be placed on the stall line between cars where fender damage might occur. C. Stadium Lighting in the Municipal District (MU). Notwithstanding any other provisions of these Regulations, the DRB may approve as a conditional use the installation of lighting structures not exceeding eighty feet (80’) in height that are used exclusively to illuminate recreation fields in the Municipal District during the conduct of co-curricular competitions, practices and events that are conducted, sponsored and supervised directly by the South Burlington School District which involve participation by students enrolled in the South Burlington School District, subject to the following conditions: (1) A photometric plan prepared by an engineer or professional lighting designer shall be submitted which indicates pole locations and light levels on the property, with maximum light levels, average light levels, and light levels at all property boundaries clearly indicated. (2) There shall be no light trespass from the stadium lighting onto any residentially zoned property. (3) Lighting shall be designed and shielded so as to avoid “hot spots” or other concentrations of high light levels. (4) Cut sheets shall be submitted indicating fixture and bulb types, heights, lighting angles, pole materials, shielding and other pertinent information sufficient for technical review by a qualified lighting consultant. (5) The DRB shall have the authority to seek an independent technical review by a qualified lighting consultant of any such proposal. (6) No stadium lighting may be illuminated after 11:00 PM. D. Specific Requirements for Nighttime Illumination of Governmental Flags. The City encourages those who fly the Flag of the United States to observe the custom prescribed in the United States Flag Code of displaying the flag from sunrise to sunset. However, if governmental flags are to be flown at night and are to be illuminated, the regulations in this Section apply. (1) Application. An applicant for nighttime illumination shall submit to the Administrative Officer an Application for Zoning Permit along with a Lighting Design Plan as described in (9) below. (2) Flag Type. Only governmental flags may be illuminated. Nongovernmental flags shall not be flown on a pole with an illuminated governmental flag. No more than three (3) governmental flags may be flown on the same pole. (3) Dimensional Requirements. A governmental flag to be illuminated may not exceed sixty (60) square feet in size. Flagpoles may not exceed thirty-five (35) feet in height. (4) Lighting Fixtures. A flag shall be illuminated by no more than two (2) fixtures per pole. There shall be no more than two (2) fixtures per property used to illuminate flags, irrespective of the number of flagpoles installed on a property. Only narrow beam spotlights with glare controls (such as but not limited to louvers, grids, full hoods, or "barn door" baffles) may be used. The fifty percent (50%) beam spread of the fixture(s) used shall correspond to the area of the flag(s) to be illuminated. Fixtures may be mounted at grade, on the flagpole to be illuminated, or on stanchions no more than twenty-four (24) inches above grade. Ground- or stanchion-mounted fixtures shall be located no Page 215 of 346 SUPPLEMENTAL REGULATIONS ARTICLE 13 South Burlington Land Development Regulations more than fifteen (15) feet from the base of the flagpole. Wall-mounted fixtures located on adjacent buildings are prohibited. (5) Illumination Level. An application may be based, at the applicant's discretion, on either the maximum total light level on the flag, measured in initial foot-candles and determined by the geometric relationship of the flag to the proposed lighting fixture or fixtures; or the total lumen power of each lamp used to illuminate the flag. Manufacturers' data for lamps and fixtures and the Lighting Plan submitted by the applicant must provide sufficient information to make a determination on one of the applicable criteria. Maximum total illumination levels shall not exceed the following standards: (a) Maximum light level on the flag on properties having a principal frontage on Williston Road, Shelburne Road, or Dorset Street between Williston Road and Kennedy Drive, and properties in the Commercial 1, Commercial 2, Municipal, Mixed Industrial Commercial, and Industrial Open Space Districts with frontage on Interstate Highway 89 or Interstate Highway 189: one hundred (100) initial foot-candles. (b) Maximum light level on the flag, all other lots: fifty (50) initial foot-candles. (c) Total initial lumen power of each lamp used to illuminate the flag on properties having a principal frontage on Williston Road, Shelburne Road, or Dorset Street between Williston Road and Kennedy Drive, and properties in the Commercial 1, Commercial 2, Municipal, Mixed Industrial Commercial, and Industrial Open Space Districts with frontage on Interstate Highway 89 or Interstate Highway 189: 36,000 initial lumens. (d) Total initial lumen power of each lamp used to illuminate the flag, all other lots: 15,000 initial lumens. (6) Setbacks from Residential Properties. Any flagpole to be illuminated per the provisions of this section shall be located a minimum of one hundred (100) feet from all property lines of any adjacent parcel zoned Residential 1, Residential 2, Residential 4, Residential 7, Residential 12, Residential 7 with C- 1, Queen City Park, Lakeshore Neighborhood, and Southeast Quadrant District. (7) Lamp Type. Lamps used shall be metal halide or another type having a Color Rendering Index (CRI) over sixty-five (65). (8) Glare Control. Fixtures shall be aimed directly at the flag(s) to be illuminated. No portion of the lamp(s) or reflective surfaces on the fixture(s) shall be visible from a roadway or from adjoining properties. (9) Lighting Design Plan. An applicant shall submit a Lighting Design Plan with the following information: (a) The location of property boundaries, nearby roadways, the flagpole to be illuminated, and the lighting fixtures to be used. (b) The proposed mounting type, location(s) and dimensions (ground, flagpole or stanchion). (c) A statement of the illumination level measurement to be used (initial foot-candles at the flag or lumen power of the lamps) and a diagram sufficient to determine lighting levels at the flag if initial foot-candles are the measurement to be used to determine compliance. (d) An illustration of the area that will be illuminated by the proposed fixtures. (e) The manufacturer's specifications for the lighting fixture(s) to be used, including lamp type, beam spread, Color Rendering Index, wattage, and glare controls. Page 216 of 346 ARTICLE 13 SUPPLEMENTAL REGULATIONS South Burlington Land Development Regulations 13.08 Outdoor Storage and Display A. Outdoor Storage. Outdoor storage of goods, materials, vehicles for other than daily use, and equipment shall be subject to the following provisions: (1) Any outdoor storage shall be appurtenant to the primary use of the property and shall be allowed only in nonresidential districts and upon approval of the DRB in conjunction with a site plan, conditional use and/or PUD application. (2) The Development Review Board may require that outdoor storage areas in connection with commercial or industrial uses be enclosed and/or screened where the storage area may comprise an attractive nuisance, where the proposed use of the storage areas present opportunities for theft, or where the Board finds that said storage areas are in view of residentially-zoned parcels. B. Outdoor Display. Except for uses within buildings in full compliance with the requirements of the City Center FBC District (i.e., not nonconforming), outdoor display of goods, materials, vehicles for other than daily use, and equipment shall be subject to the following provisions: (1) Any outdoor display shall be appurtenant to the primary use of the property and shall be allowed only in nonresidential districts and upon approval of the DRB in conjunction with a site plan, conditional use and/or PUD application that clearly indicates the location of any outdoor display areas. (2) Outdoor display of equipment is prohibited where such equipment is fitted with arms, lifts, buckets, or other parts that can be elevated and where such parts are displayed in an elevated manner. This does not include boats with masts, bridges, or canopies. 13.09 Solar Radiation A. General Requirements. The Development Review Board may regulate the height and setbacks of any structure, wall, fence, or shrubbery on any lot so as to protect the access of any abutting properties to solar radiation. Access to solar radiation shall be defined as full exposure to the sun along the entire south wall of a principal structure with no obstructions between the base of the wall and a twenty-four degree (24o) angle above horizontal. 13.10 Connections across a Lot A. General Requirements. If structures on two (2) adjacent lots are owned and occupied by a single corporate entity or occupied (but not owned) by a single corporate entity or occupied by two (2) corporate entities between which long term contractual relations have been established which call for frequent movement of goods or people between the buildings, then the Development Review Board may approve construction of a connection between the buildings, even though the connection violates normal setbacks required elsewhere in these regulations, provided: (1) The connection is no larger than fifteen (15) feet in width. Page 217 of 346 SUPPLEMENTAL REGULATIONS ARTICLE 13 South Burlington Land Development Regulations (2) The connector shall be subject to site plan review, and the application shall be signed by all involved property owners. (3) Fire doors shall be installed at both ends of the connection. (4) The connection in conjunction with other buildings and connections in the area will not obstruct emergency access. (5) The connection is designed to be architecturally integral to the design of both connected buildings. (6) The connection shall be securely locked at both ends and exit signs removed or disabled if the occupancy conditions set forth above are not met or if the owner(s) of the buildings determine that the connection is not to be used. (7) The connections shall be removed if the connector is not used and the occupancy requirements set forth above are not met for twelve months. (8) In the event of item (7) above, the Administrative Officer may grant six-month extensions if there is a reasonable expectation that the connector will be placed back in service within that time period. 13.11 Fences A. General Requirements. In this section, fence and wall shall be interchangeable terms. B. Specific Requirements. All fences are subject to the following provisions: (1) A fence shall be erected within the boundaries of the applicant’s property and shall be placed wholly within but not on the property boundaries. (2) A fence shall be erected so that its smooth or finished side faces an abutting property or roadway. All fence posts shall be placed on the inside of the fence, except for a fence to contain livestock. (3) No part of any fence shall be placed in such manner as to visually obstruct vehicular or pedestrian traffic. If determined necessary by the Administrative Officer, the placement of fences near the corner of a property at the intersection of two roads shall provide for a clear vision area defined as a triangular area formed by the street right-of-way lines at points which are thirty (30) feet distant from the intersection of the street right-of-way lines and measured along such lines. (4) A fence over four (4) feet in height shall require a zoning permit from the Administrative Officer. (5) A fence over eight (8) feet in height shall require approval by the Development Review Board as a conditional use subject to the provisions of Article 14, Conditional Use Review. (6) A fence over eight (8) feet in height shall be considered a structure subject to normal setback requirements for the zoning district, unless otherwise approved by the Development Review Board as a conditional use subject to the provisions of Article 14, Conditional Use Review. (7) No fence shall be erected in such a manner as to inhibit or divert the natural drainage flow or cause the blockage or damming of surface water. (8) No fence shall be erected that may create a fire hazard or other dangerous condition or that may result in obstruction to fire fighting. Page 218 of 346 ARTICLE 13 SUPPLEMENTAL REGULATIONS South Burlington Land Development Regulations (9) Fences shall be maintained in a safe and substantial condition. (10) No fence shall be located or constructed on a terrace or wall that will have an overall height of more than that permitted, unless otherwise approved by the Development Review Board as a conditional use subject to the provisions of Article 14, Conditional Use Review. (11) In the QCP District and west of the railroad tracks running north-south to the west of Shelburne Road, generally crossing Holmes Road and Bartlett Bay Road, a fence over four (4) feet in height shall require a zoning permit from the Administrative Officer and shall be subject to the following supplemental requirements: (a) No such fence shall exceed six (6) feet in height; and, (b) The fence shall have a maximum opacity of 50% on all sides. (12) Chain link fencing is prohibited in all Southeast Quadrant subdistricts except: (a) fencing for agricultural purposes, and (b) fencing for recreational purposes, such as baseball diamonds, tennis courts, basketball courts, dog parks, or similar activities. Any chain link fencing installed for these purposes shall be plastic coated in either dark green or black. (13) Notwithstanding any other provisions within these Regulations, applications under this Section 13.11 assigned to the Development Review Board shall be reviewed by the Board in all Zoning Districts and the City Center FBC District. C. Prohibited Fences and Materials. The following fences and fencing materials are specifically prohibited: (1) Barbed, razor or ribbon wire or broken glass as part of any fence, unless specifically permitted. (2) Pointed metal fences. (3) Canvas and/or cloth fences, except when used to protect shrubs and vegetation. (4) Poultry and/or turkey wire fences within minimum front, side and rear setbacks. (5) Temporary fences, unless for snow control. Snow control fences shall be allowed from November 1 through to the following May 1. (6) Expandable fences and collapsible fences, except during construction of a building. (7) Chain link fences erected with the open loop at the top of the fence. D. Exemptions. All existing fences that do not conform to the provisions of these regulations may be continued as they presently exist, except that these fences shall not be altered, extended, replaced or modified except in accordance with these regulations. 13.12 Utility Cabinets and Similar Structures A. General Requirements. In any district, the Development Review Board may grant site plan approval for the construction of a utility cabinet or similar structure according to the following regulations. Page 219 of 346 SUPPLEMENTAL REGULATIONS ARTICLE 13 South Burlington Land Development Regulations B. Specific Standards for Utility Cabinets and Similar Structures. (1) The facility shall serve the City of South Burlington and/or immediately adjacent communities. (2) The minimum required lot for a public utility cabinet, substation, or communication relay station on its own parcel may be reduced from the zoning district requirements, at the discretion of the Development Review Board. In the event that the facility shall be erected on property not owned by the utility, the Development Review Board shall require that the facility be located unobtrusively. (3) If the parcel containing the facility is landlocked, there shall be a recorded easement or permission granting access to the utility or owner of the facility. (4) There shall be sufficient landscaping or fencing of sufficient height and opacity to screen effectively the facility year-round from streets and abutting unaffiliated properties. (5) The location of the facility shall be shown on all relevant site plans. (6) Utility cabinets and similar structures shall be located a minimum of five (5) feet from all existing or planned public roads or rights-of-way. 13.13 Signs A. General Requirements. No signs shall be erected or maintained except in conformance with the Sign Ordinance of the City of South Burlington. 13.14 Subsurface Sewage Disposal Systems. A. General Requirements. No building or structure shall be erected or altered unless an adequate sewage disposal system is provided in compliance with all applicable regulations of the City of South Burlington Sewer Ordinance and the Vermont Agency of Natural Resources. 13.15 Satellite Dishes A. General Requirements. Satellite dishes over three (3) feet in diameter shall not be located within the area between the street line and the building (the front yard). Satellite dishes shall be suitably screened or landscaped. Satellite dishes shall not be placed in the side or rear setbacks. 13.16 Retaining Walls A. General Requirements. In this section, a retaining wall shall be distinct from a fence or wall. B. Specific Requirements. All retaining walls shall be subject to the following requirements: Page 220 of 346 ARTICLE 13 SUPPLEMENTAL REGULATIONS South Burlington Land Development Regulations (1) All retaining walls shall require a zoning permit from the Administrative Officer. (2) A retaining wall shall be erected within the boundaries of the applicant’s property. (3) No part of any retaining wall shall be placed in such manner as to visually obstruct vehicular or pedestrian traffic. If determined necessary by the Administrative Officer, the placement of retaining walls near the corner of a property at the intersection of two roads shall provide for a clear vision area defined as a triangular area formed by the street right-of-way lines at points which are thirty (30) feet distant from the intersection of the street right-of-way lines and measured along such lines. (4) A retaining wall over eight (8) feet in height or proposed to be located within five (5) feet of a property boundary shall require approval by the Development Review Board as a conditional use subject to the provisions of Article 14, Conditional Use Review, and shall include a demonstration by a certified engineer that the retaining wall is structurally sound to serve its intended purpose. (5) Retaining walls shall be maintained in a safe and substantial condition. 13.17 Residential Design for New Homes A. Purpose. It is the purpose of this Section to promote pedestrian-oriented, energy efficient design of buildings that are not otherwise subject to site plan or supplemental design review under these Regulations. It is further the purpose of this Section to discourage repetitive design within and amongst neighborhoods. B. Applicability. This section applies to all new residential or predominantly-residential buildings except: (1) Buildings approved as part of an existing, unexpired subdivision or Planned Unit Development approval, or for which a complete application has been submitted prior to the effective date of these Regulations; (2) Buildings receiving approval as permitted Building Type in conjunction with an application for a Planned Unit Development employing Building Types; (3) Buildings on lots that exceed one (1) acre in size; and, (4) Buildings with the City Center Form Based Code District. C. Standards. (1) Building Orientation. Residential buildings must be oriented to the street, to an approved civic space, or to a courtyard. Primary entries for single family and multi-family buildings must face the street, civic space, or courtyard. Secondary building entries may open onto garages and/or parking areas. Buildings should be oriented to maximize living space and windows to the south, east and west. Residential buildings should orient their rooflines to maximize solar gain potential, to the extent possible within the context of the overall standards of the regulations. (2) Building Façades. Building facades are encouraged to employ a theme and variation approach. Buildings should include common elements to appear unified, but façades should be varied from one building to the next to avoid monotony. Front porches, stoops, and balconies that create semi- private space and are oriented to the street are encouraged. Residential buildings with rear facades that orient towards a public recreation path should employ rear porches, balconies, or other features to enhance their architectural detail. Page 221 of 346 SUPPLEMENTAL REGULATIONS ARTICLE 13 South Burlington Land Development Regulations (3) Placement of Garages and Parking. For garages with a vehicle entrance that faces a front lot line, the face of the garage that includes the vehicle entrance must be set back a minimum of eight feet (8’) behind the front façade of a single or two-family dwelling. For buildings containing three or more dwelling units, the requirements of Section 14.06A shall apply. (a) The DRB or Administrative Officer may waive this provision for garages with vehicle entries facing a side lot line, provided that (i) the garage is visually integrated into the single or two-family dwelling; and (ii) the face of the garage that is oriented to the street is no more than eight feet (8’) in front of the front façade of the house. (b) Rear alleys are encouraged for small lot single-family houses, duplexes and townhouses. (4) Garages as Percentage of Front Façade. Front-facing garages that are part of a principal building shall not exceed 40% of the linear width of the building’s front façade. For buildings containing three or more dwelling units, the requirements of Section 14.06(A) shall apply. (a) For lots with frontage on Lake Champlain that are less than 100’ in width at the front setback line, the non-garage portion of the principal building must be at least ten (10) feet in width at the front building line and the entry facing the street must be prominent. Figure 13-5: Residential Garage Placement Options 13.18 Transportation Standard and Congestion Policy A. Purpose. It is the purpose of the Transportation Standard and Congestion Policy to provide a performance-based approach to traffic and access management associated with development and re-development of properties in high traffic areas of the City. The Transportation Standard and Congestion Policy provides a mechanism to support locally specific mobility and access objectives and provides the means to achieve the Transportation and Land Use goals of the City Plan through site plan design, a local congestion policy, and transportation demand management. B. Applicability. The Transportation Standard and Congestion Policy shall apply to all projects forecast to generate 75 or more trips (all modes) during the Peak Hour between 4 and 6 PM onto the City' roadway network. Page 222 of 346 ARTICLE 13 SUPPLEMENTAL REGULATIONS South Burlington Land Development Regulations C. Authority: The Development Review Board and Zoning Administrator, as applicable, shall have the authority to apply all necessary conditions to implement this section. D. Establishment of Tiered Corridors. The following traffic corridors are established based on their traffic volume and surrounding land use: (1) Tier 1. Tier 1 Corridors include all intersections and segments of) Williston Road (US Route 2), Shelburne Road (US Route 7), Dorset Street north of Kennedy Drive, and the City’s Neighborhood Development Area. Tier 1 Corridors are characterized by their dense, urban land use, pedestrian, bike, and transit-oriented streetscapes, and high volume of multimodal traffic. (2) Tier 2. Tier 2 Corridors include all other public roadways. E. Traffic Impact Study (1) Operational Assessment. An operational assessment of the land use development’s impact shall be performed for any project forecast to generate 75 or more trips (all modes) during the AM and/or PM hour. The study area will include, at the minimum, each intersection that would experience more than 75 trips (all modes) during the PM peak hour. The City (Departments and boards) shall authorize additional study intersections if other factors, such as safety, warrant investigation. This study may follow the application of TDM actions required or permitted under this section. (2) Guidelines. The most recent version of the Vermont Agency of Transportation Traffic Impact Study Guidelines and Level of Service (LOS) Policy shall be followed unless expressly defined herein. Hourly and Daily trip generation estimates of the proposed development (existing land uses and future land uses) using the current ITE Trip Generation manual or other equivalent source of data, as appropriate. (3) Congestion Tolerance Standards. The applicant shall demonstrate that the proposed development does not exceed the Level of Service (LOS) or Volume over Capacity (V/C) thresholds established in Table 13-3. Table 13-3: Congestion tolerance limits Tier 1 Tier 2 Note: Signalized Intersection LOS E LOS D If intersection exceeds threshold at the time of application through existing conditions, development shall not result in an increase of greater than 10% in average delay time Unsignalized Intersection V/C = 0.90 V/C = 0.85 If intersection exceeds threshold at the time of application through existing conditions, development shall not result in an increase of more than 0.03 in V/C and shall not exceed a total of 1.0. Roundabouts V/C = 0.90 V/C = 0.85 If intersection exceeds threshold at the time of application through existing conditions, development shall not result in Page 223 of 346 SUPPLEMENTAL REGULATIONS ARTICLE 13 South Burlington Land Development Regulations an increase of more than 0.03 in V/C and shall not exceed a total of 1.0. F. Mitigation Actions and Priorities (1) Site Specific Improvements. Site specific impacts include those at the access points to the land use development that facilitate safe and efficient egress and ingress such as turn lanes and intersections. The applicant shall demonstrate safe and efficient mobility for the users of the site. The Development Review Board and the Administrative Officer shall have the authority to require site specific improvements to minimize impact on the adjacent public transportation system. (2) Mitigation Priorities. The applicant shall employ mitigation actions to meet congestion tolerance limits in the following order of priority: Priority 1: Evaluate whether additional changes to the site plan layout and land use mix to promote greater internal capture. Priority 2: Evaluate whether additional site specific TDM actions would reduce the impact of the proposed project. Priority 3: Implementation of operational improvements within existing roadway geometry. Priority 4: Construct facilities identified in the city’s CIP and/or Official Map. Priority 5: If Priorities 1-4 fail to achieve sufficient mitigation, the applicant may design and construct additional road capacity with the approval of the Board and the Administrative Officers. Page 224 of 346 ARTICLE 14 SITE PLAN AND CONDITIONAL USE REVIEW South Burlington Land Development Regulations 14 SITE PLAN AND CONDITIONAL USE REVIEW 14.01 General Purpose 14.02 Definition of Site Plan 14.03 Uses and Actions Subject to Site Plan Review 14.04 Authority for Review of Site Plans 14.05 Application Review Procedure 14.06 General Review Standards 14.07 Specific Review Standards 14.08 [Reserved] 14.09 [Reserved] 14.10 Conditional Use Review: General Provisions and Standards 14.11 Site Plan and Conditional Use Review: Specific Uses and Standards 14.01 General Purpose It is the purpose of this Article to regulate site development plans in order to advance high-quality built environments in the City. Site plan and conditional use standards are intended to ensure safe, accessible, and ecologically and environmentally sound site design and layout, efficient use of land, safe access and egress for all users, energy efficiency, and context-sensitive design. The site plan review processes and the conditional use review process will allow the City of South Burlington to review the arrangement, layout, use interrelationships and neighborhood complementation of sites intended for development or redevelopment and to ensure the aesthetic quality of such design to conform to the planned character of the neighborhood and the balance of goals of the City Plan. 14.02 Definition of Site Plan As used in this Article, the term site plan shall mean a rendering, drawing, or sketch prepared to specifications contained in this article. The site plan shall show the arrangement, layout, and design of the proposed use of a single parcel or assembled parcels of land. 14.03 Uses and Actions Subject to Site Plan Review A. Site Plan Approval Required. Site plan approval shall be required prior to issuance of a zoning permit in all districts, except as provided in subsection B, for: (1) Outside of the City Center FBC District: (a) Any new use, change in use, or expansion of use in any district. (b) Uses subject to conditional use permit approval. See Section 14.10 below. (c) Any alteration or change to an approved site plan. (d) New parking lots or expansions of existing parking lots. (e) Any structure formerly used as a residence proposed for conversion to non-residential use. Page 225 of 346 SITE PLAN AND CONDITIONAL USE REVIEW ARTICLE 14 South Burlington Land Development Regulations (f) Any planned unit development. See Article 15, Planned Unit Development, for specific regulations. (g) Landscape feature signs not reviewed as part of a PUD, as set forth in the South Burlington Sign Ordinance. (2) Within the City Center FBC District: (a) Any alteration or change to an approved site plan. (b) Any new structure, or addition to, replacement of, or reduction to a structure. (c) New parking lots or expansions to existing parking lots (d) Any change in use from a non-residential to a residential use or vice-versa. (e) Landscape feature signs, as set forth in the South Burlington Sign Ordinance. B. Excluded from Site Plan Review. Specifically exempted from the provisions of this article are: (1) One-family dwelling on a single lot, its accessory structures, and related features such as decks, pools, sheds, and detached garages. (2) Two-family dwelling on a single lot, its accessory structures, and related features such as decks, pools, sheds, and detached garages. (3) Small multi-family dwelling (3 or 4 units in a single building) on a single lot, its accessory structures, and related features such as decks, pools, sheds, and detached garages. (4) Agricultural, horticultural, and silvicultural uses exempt from local review pursuant to 24 VSA 4413. (5) Minor alterations to a site, such as the addition or bicycle racks or pads, electric vehicle charging stations, mailboxes, not exceeding forty (40) square feet in area each, provided that the applicant provide a mark-up to the Administrative Officer at the time of Zoning Permit application and such alterations do not interfere with access, safety, or circulation on the site. All such alterations must be indicated on the any subsequent applications that involve an amendment to the Site Plan. (6) Renovations that are one hundred percent (100%) internal to an existing building or structure. (7) Exterior renovations to an existing building or structure that do not increase, alter or otherwise modify the outer envelope of said building or structure, except where architectural standards apply. (8) Repair and replacement of existing driveways, curb cuts, aprons, and sidewalks, except where the cumulative disturbance exceeds the thresholds established in Section 13.05 (stormwater management) are exceeded. (9) Repairs to existing swimming pools. (10) Fences and walls as provided in these Land Development Regulations. (11) Any clearance of scrub or brush not including trees, plants or shrubs approved as part of a planting plan for site plan approval. Removal of any trees of caliper greater than 5” shall require site plan approval. See also Section 13.06(I) for maintenance and responsibility for landscaping improvements. 14.04 Authority for Review of Site Plans Page 226 of 346 ARTICLE 14 SITE PLAN AND CONDITIONAL USE REVIEW South Burlington Land Development Regulations A. Authority, Development Review Board (DRB). The DRB has the authority under these Regulations and 24 V.S.A. § 4414 and § 4416 to: (1) Review and approve, approve with modifications or conditions, or disapprove an application for a site plan under the standards of these Regulations. (2) Hold one or more public meetings or hearings warned in accordance with 24 V.S.A. § 4464, and Section 17.08 of these Regulations as required prior to the recording of a subdivision plat. B. [Reserved] C. Modification or Waiver (1) The DRB may modify or waive an improvement or dimensional standard required under this article, subject to conditions, in specific circumstances. (a) The DRB must find the standard proposed to be modified cannot be fully met due to: (i) physical site limitations (including Hazard or Level I Resources) on the property, (ii) other legal or development constraints specific to the land to be subdivided, (iii) a lack of existing or planned connecting facilities or services adjacent to or in proximity to the site, or (iv) existing or planned Development Context in the Planning Area (b) The DRB must find: (i) The improvement or requirement is not necessary to ensure public health, safety, and general welfare; (ii) The modification or waiver as proposed is the minimum necessary to afford relief and represents the least deviation from the standards and requirements of these Regulations; and (iii) The modification or waiver, if granted, will not have the effect of nullifying the intent and purpose of these Regulations, the City Plan, or other municipal bylaws and ordinances in effect. (2) Waiver shall only be granted by the DRB if the only modification that meets the criteria above is to not apply the standard at any level or in any form. (3) Limitations. In granting a modification, in no case shall the DRB permit: (a) the location of a new structure less than five (5) feet from any property boundary; (b) Exceeding applicable lot coverage and/or building coverage maximums allowed within each zoning district except as authorized via use of Transferrable Development Rights in the case of new development; (c) increasing the coverage on sites where the pre-existing condition exceeds the applicable limit; (d) an increase in residential density above the allowed maximum in the applicable zoning district, outside of review as Planned Unit Development (Article 15C), Inclusionary Zoning (Article 18) or via a Transfer of Development Rights (Article 19); or (e) the location of parking not in compliance with Section 14.06 (A)(2). Page 227 of 346 SITE PLAN AND CONDITIONAL USE REVIEW ARTICLE 14 South Burlington Land Development Regulations (f) heights above maximums permitted through use of TDRs and/or Inclusionary Zoning under Articles 18 and 19, and noted in Appendix C. (4) All requests for modification must be submitted in conjunction with the application for site plan. The DRB, in granting a modification under this section, may impose conditions that in its judgment are necessary and appropriate to meet the objectives or to mitigate the adverse impacts of any modified or waived requirement. (5) Context shall be determined by the existing or planned Development Context in the Planning Area. For planning and design purposes, “Planning Area” is defined as the area within ¼-mile of the lot or parcel to be developed, as measured from the lot line of the existing parcel. D. Authority, Administrative Review. The Administrative Officer has the authority under these Regulations and 24 V.S.A. § 4416 and § 4464 to Review and approve, approve with modifications or conditions, or disapprove an application for a site plan under the standards of these Regulations. (1) All areas except within the City Center Form Based Code District. All determinations of eligibility for administrative review are subject to the discretion of the Director of Planning and Zoning. The Administrative Officer shall not approve administrative amendments to master plans, subdivisions, or variances. The Administrative Officer may review, approve, approve with conditions, or disapprove administrative amendments to site plans involving a principal permitted use, site plans involving an approved conditional use, site plans of planned unit developments, site plans for land development related to stormwater management regulated in Section 13.05, site plans for specific types of land development on a as regulated in the Environmental Protection Standards (Article 12), site plans for land development related to the development of an Environmental Restoration Project, if the proposed amendment meets one or more of the following criteria: (a) Relocation of site improvements and/or accessory structures that have been previously approved, provided that such relocations do not alter the approved coverage for the site. (b) Re-approval of plans if a permit issued by the Development Review Board has expired within the preceding six months and no changes or alterations of any kind are proposed, including those outlined in (d) below. (c) Approval of plans showing as-built adjustments beyond standard field adjustments, provided that such adjustments do not require the amendment of any condition of approval in the most recent findings of fact. (d) Minor alterations to an approved landscaping plan such as substitution of appropriate similar species or landscaping or hardscaping materials, provided that the total value of landscaping proposed in the amended plan is equal to or exceeds the amount approved by the Development Review Board. (e) An increase in building area and/or impervious coverage totaling less than five thousand (5,000) square feet or three percent (3%) of the overall site coverage, whichever is smaller. Applicants are advised that the cumulative total increase in building area and/or site coverage cumulatively permitted through all administrative amendments on any one lot shall not exceed five thousand (5,000) square feet or three percent (3%) of the overall site coverage, whichever is smaller. Development Review Board approval shall be required for any amendment exceeding these limits. Page 228 of 346 ARTICLE 14 SITE PLAN AND CONDITIONAL USE REVIEW South Burlington Land Development Regulations (f) All coverage and other limitations pursuant to these regulations shall apply in determining whether an administrative amendment shall be approved. (g) Applications submitted pursuant to Section 3.06(J) of these Regulations. (h) Changes in use of all or part of a building or structure with prior site plan approval to a permitted use in the applicable zoning district, provided the proposed use, whether solely or in combination with other uses subject to the same approval, will not result in any permitting requirement or threshold being exceeded or violated. (2) Within City Center Form Based Code District. The Administrative Officer shall review all applications except: (a) Applications for Subdivision or modifications to subdivisions (except Minor Subdivisions and Minor Lot Line Adjustments); (b) Applications involving new proposed public rights-of-way, parks, or other land proposed to be deeded to the City of South Burlington; (c) Requests for development within any of the water or wetlands resources identified within Article 12 of these Regulations that have been referred to the Development Review Board by the Administrative Officer under Section 12.01D(3); (d) Applications for development within Areas of Special Flood Hazard; or (e) Where specifically stated in these Regulations E. Review Period. Where site plan review by the Development Review Board or Administrative Officer is required, the Development Review Board or the Administrative Officer shall act to approve or disapprove any such site plans within the time required by applicable state law. Failure to so act within said period shall be deemed approval. Copies of the Development Review Board or Administrative Officer’s decision, along with findings of fact, shall be sent to the applicant. 14.05 Application Review Procedure A. Pre-Submission Meeting. Prior to a formal submission, the applicant should meet in person with the Administrative Officer and other City officials as desired to discuss the proposed site plan. The intent of such a conference is to enable the applicant to inform the Department of Planning and Zoning of the proposal prior to the preparation of a detailed site plan and for said Department to review the basic site design concept, advise the applicant as to potential problems and concerns, and to determine generally the type of information to be shown on and submitted with the site plan. B. Submission. A site plan generally shall be prepared by a registered architect, licensed landscape architect, licensed land surveyor, licensed engineer, or professional land planner. The site plan shall be submitted to the Administrative Officer. C. Combined Review & Decisions. (1) Integration of Procedures. Except within the City Center Form Based Code District, there may be applications where the particular circumstances of a proposed development require compliance with Page 229 of 346 SITE PLAN AND CONDITIONAL USE REVIEW ARTICLE 14 South Burlington Land Development Regulations other procedures in these regulations, such as conditional use permit review. In such cases, the Development Review Board shall integrate site plan review as required by this article with the other procedural and/or submission requirements. Such integration of procedures may require, upon mutual written consent of the Development Review Board and the applicant, reasonable modification of the time schedules otherwise stated in this article or in said related regulations or requirements. (2) Combined Decision for Conditional Uses. Where a conditional use permit is required, the Development Review Board shall make the determination on the conditional use permit and on the site plan permit required for the conditional use and shall issue one (1) set of findings of fact pertaining to both. (3) Combined Administrative Review and Zoning Permit. Where a decision issued by the Administrative Officer contains no conditions requiring modifications to plans or supplemental submissions, the Administrative Officer may issue any required zoning permit concurrently with the decision. D. Application for Site Plan. See Appendix E, Submission Requirements. E. Development Review Board / Administrative Officer Action. (1) Outside of the City Center FBC District: The Development Review Board or Administrative Officer shall review the site plan application, pursuant to Section 14.04. The DRB shall review the application against the site plan criteria in this Article 14 and any other applicable standards in these Regulations. If the DRB determines that the site plan and supporting material fail to demonstrate compliance with applicable standards, it shall disapprove the site plan. However, if it further determines that with a minor modification or modifications the site plan and supporting material would comply with applicable standards, the DRB may, in its discretion, impose a condition or conditions requiring such modification or modifications and approve the site plan. For the purpose of this section, a minor modification is one that leaves no part of its implementation to the discretion of the applicant. (2) Within the City Center FBC District: (a) The Administrative Officer or Development Review Board shall review the site plan application, pursuant to Section 14.04. (b) For all applications, except those which meet one or more of the criteria listed in Section 14.09(B)(1-9), an application shall be deemed complete only after all the following actions have been completed by the applicant: (i) Participation in a pre-application meeting with staff of the Department of Planning & Zoning; (ii) Submission of all required information (see Appendix E); (iii) Demonstration of proof that applicant delivered to each of the adjoining landowners notice of the application in accordance with Section 17.06 of these Regulations, and, at a minimum the following information: Page 230 of 346 ARTICLE 14 SITE PLAN AND CONDITIONAL USE REVIEW South Burlington Land Development Regulations (I) A project description and contact information provided by the Administrative Officer; (II) A site plan for the property on a paper size no less than 11” x 17”, and; (III) Invitation to an applicant-sponsored informational and input meeting; (iv) Posting of a notice of the proposed project on a form with project description provided by the Administrative Officer within view from the public right-of-way most nearly adjacent to the property for which the application is made; (v) Demonstration of proof that the applicant held an applicant-sponsored information and feedback meeting, by, at a minimum, providing a copy of summary notes from meeting. The purpose of this meeting is to give residents the opportunity to provide input and feedback to the applicant. Applicants are encouraged to make modifications to the application based on this feedback, so long as such modifications comply with these Regulations. Such meeting shall consist, at a minimum, of: (I) Notice of said meeting no less than seven (7) days in advance to all parties required within this section; (II) Said meeting shall be held in an ADA-accessible public building in the City of South Burlington; (III) Said meeting shall be held at a time that is convenient to the public ( a weekday evening or Saturday), and; (IV) Said meeting shall include an overview of the project by the applicant, an opportunity for all members of the public in attendance to offer oral input, and acceptance of any written input; (vi) The expiration of fifteen (15) days following receipt of the proof of delivery of notification of the application to adjoining landowners as described in this section; and (vii) Issuance of a written statement from the Department of Public Works and Fire Department regarding compliance with these regulations. (c) The applicant may make revisions to an application following initial submittal. (i) Where the Administrative Officer determines that the revisions do not alter the overall description of the project, or that the revisions reduce the scale of the project, no new notification and no new applicant-sponsored information and input meeting shall be required. However, pursuant to 24 VSA §4448, the Administrative Officer shall have 30 days from the date that the applicant submits all revisions to the application to act with regard to the application. (ii) Where the Administrative Officer determines that the changes do alter the overall description of the project, all requirements of this section 14.05(E)(2) shall be met anew. (d) The Administrative Officer shall review the application against the site plan criteria in this Article 14, site plan, and the applicable BES in Article 8 and any other applicable standards in these Regulations, except as stated within this Article or within Article 8, City Center Form Based Code District. (e) Where tasks, actions and responsibilities are assigned to the Development Review Board, such tasks, actions, authorities, and responsibilities shall be administered by the Administrative Page 231 of 346 SITE PLAN AND CONDITIONAL USE REVIEW ARTICLE 14 South Burlington Land Development Regulations Officer unless specifically assigned to the Development Review Board within the City Center FBC District. (f) If the Administrative Officer determines that the site plan and supporting material fail to demonstrate compliance with applicable standards, she/he shall disapprove the site plan. However, if she/he further determines that one or more minor modifications would bring the site plan and supporting material into compliance with applicable standards, the Administrative Officer may, in her/his discretion, impose a condition or conditions requiring such modification or modifications and approve the site plan. For the purpose of this section, a minor modification is one that leaves no part of its implementation to the discretion of the applicant. (g) Any appeal of the Administrative Officer’s action shall be done in accordance with the appeals process for Administrative Officer actions in these Regulations and applicable State law. (3) Upon approval, the applicant shall provide the approved plan in digital form to the Department of Planning and Zoning. A copy of the Development Review Board's decision and findings of fact shall be sent to the applicant and recorded in the City Clerk's office. F. Waiver of Application Requirements. The Development Review Board shall have the authority to, when reasonable, waive any application requirements for site plan approval. Any such waiver may be exercised in the event any such requirements are 1) found not to be requisite in the interest of public health, safety, or general welfare or 2) inappropriate to a particular site plan because of the particular character or limited nature of a new development or change in use or conditions peculiar to a site or 3) will cause extraordinary and unnecessary hardship. G. Expiration of Approval. See Section 17.04. H. Field Changes and As-Built Plans. (1) Field Changes. (a) During construction, the Administrative Officer may authorize or require, in writing, at his/her own determination or upon the request of the applicant, minor adjustments to a site plan which does not affect the substance of the site plan approval. Such minor adjustments shall be consistent with the intent of the approved site plan. All determinations of eligibility for field changes are subject to the discretion of the Administrative Officer. (b) Where conditions are encountered which constitute a material change to an approved site plan or where the developer otherwise wishes to modify the approved site plan, an amendment to the approval shall be filed with the Development Review Board or Administrative Officer for review in accordance with procedures required for such applications. (2) As-Built Plans. (a) Upon completion of any development or redevelopment pursuant to an approved final site plan involving field changes as set forth in (1) above, and prior to the issuance of a certificate of occupancy by the Administrative Officer, the applicant shall submit to the Administrative Officer as-built plans in paper and digital form, prepared and certified by a licensed engineer, architect, landscape architect or surveyor, showing the location of all site improvements as constructed. (b) Said as-built plan shall be reviewed by the Administrative Officer to determine if it is in compliance with the approved site plan, including any field changes authorized under subsection Page 232 of 346 ARTICLE 14 SITE PLAN AND CONDITIONAL USE REVIEW South Burlington Land Development Regulations 1(a) above. The Administrative Officer shall indicate compliance with the Land Development Regulations by signature, and shall file with the Department of Planning and Zoning. I. Technical or Consultant Review of Site Plans. See Section 17.08, Development Review Board. J. Bonding Requirements. The owner or developer shall provide a performance bond, escrow account, or letter of credit in accordance with Section 17.15 of these Regulations. 14.06 General Review Standards Except within the City Center Form Based Code District, the following general criteria and standards shall be used by the Development Review Board in reviewing applications for site plan approval. They are intended to provide a framework within which the designer of the site development is free to exercise creativity, invention, and innovation while improving the visual appearance of the City of South Burlington. The Development Review Board shall not specify or favor any particular architectural style or design or assist in the design of any of the buildings submitted for approval. The Development Review Board shall restrict itself to a reasonable, professional review, and, except as otherwise provided in the following subsections, the applicant shall retain full responsibility for design. A. Relationship of Proposed Structures to the Site. (1) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. The DRB shall consider the following: (a) Street Frontage. Maintain internally-consistent building setbacks and landscaping along the street. (b) Building Placement, Orientation. Maintain or establish a consistent orientation to the street and, where a prevalent pattern exists, shall continue the manner in which the site’s existing building foundations relate to the site’s topography and grade. (c) Transition Contrast in Scale. Minimize and mitigate abrupt contrasts in scale between existing, planned or approved development, and proposed development. (d) Pedestrian Orientation. Improve and enhance pedestrian connections and walkability within the area proposed for development. (e) Solar Gain. Orient their rooflines to maximize solar gain potential, to the extent possible within the context of the overall standards of these regulations. (2) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or anticipated adjoining buildings. (3) Parking. (a) Parking shall be located to the rear or sides of buildings. Any side of a building facing a public street shall be considered a front side of a building for the purposes of this subsection. (b) The Development Review Board may approve parking between a public street and one or more buildings if the Board finds that one or more of the following criteria are met. The Board shall approve only the minimum necessary to overcome the conditions below. Page 233 of 346 SITE PLAN AND CONDITIONAL USE REVIEW ARTICLE 14 South Burlington Land Development Regulations (i) The parking area is necessary to meet minimum requirements of the Americans with Disabilities Act; (ii) The parking area will serve a single or two-family home; (iii) The lot has unique site conditions, such as a utility easement or unstable soils, that allow for parking, but not a building, to be located adjacent to the public street; (iv) The lot contains one or more existing buildings that are to be re-used and parking needs cannot be accommodated to the rear and sides of the existing building(s); (v) The principal use of the lot is for public recreation; or (vi) The lot is located within the Mixed Industrial-Commercial Zoning District and meets the following criteria: (I) The lot is located in an approved subdivision where the parking on each lot in the subdivision is proposed to be located between the building or buildings on each lot and the public street so that a significant greenspace surrounded by buildings may be incorporated similar to a college campus style “quad”, as detailed below. (II) The parking on any lots that include a part of the greenspace shall be aligned in a similar fashion so that the buildings are located between the greenspace and the parking and so that the parking is located between the buildings and the public street to maintain the integrity and continuity of the greenspace. (III) The minimum required total area of the greenspace shall be 150,000 square feet. For purposes of this subsection 14.07(B) (2)(b)(vi), “greenspace” shall be defined as a consolidated and continuous landscaped area located across more than two lots in the approved subdivision, similar in nature to a common open space, largely surrounded by buildings, but shall not include building or impervious parking areas. The greenspace may extend between buildings, but shall not extend beyond the building line of the principal building on each lot that includes a portion of the greenspace. The greenspace shall consist of pervious surfaces such as lawns, trees, plantings, wetlands, and gardens, and may include impervious landscape features, such as path networks, sculptures, gazebos, water features, footbridges, sitting areas, stone walls, and other features and amenities that may be built within and throughout the greenspace in order to create a more attractive and enjoyable environment. The area of the greenspace shall be calculated by measuring and adding the portion of the total greenspace defined on the site plan for each lot in the approved subdivision that includes a portion of the greenspace. (vii) The lot is located within the Mixed Industrial-Commercial or Industrial & Open Space Zoning Districts, and it is clear that the circulation and layout of the lot cannot reasonably be designed in a manner to avoid conflicts between visitors / employees and the inherent operations of the use(s) on the lot; (I) In order to further reduce the likelihood of such conflicts, this exception to the general requirements for parking is only available when the uses of the lot(s) are limited to: 1. Distribution and related storage 2. Light manufacturing 3. Manufacturing 4. Processing and Storage Page 234 of 346 ARTICLE 14 SITE PLAN AND CONDITIONAL USE REVIEW South Burlington Land Development Regulations 5. Warehousing and Distribution (II) The parking shall be limited as follows: 1. No more than 25% of the total parking on the lot shall be located between a public street and the building(s); 2. Parking shall be predominantly screened from the roadway with landscaping features, and separated from the roadway’s sidewalks or multi-use paths by one or more of the following Qualifying Open Spaces (as defined in Article 11.B, except for the location standards which are superseded by this subsection): Pocket/Mini Park; Wooded area; Community Garden; Enhanced Rain Garden; or Streetfront Open Space. The size of this Open Space shall be sufficient to (1) create or extend a pleasant pedestrian experience on the adjacent public sidewalk or recreation path, (2) largely screen parking from the street right-of-way, and (3) provide for additional usable open space on the parcel. The open space shall represent a minimum of 35% of the total square footage of the parking spaces (not including circulation infrastructure) proposed to be located in front of the building. 3. The minimum required landscaping budget established by the Development Review Board pursuant to Section 13.04 shall increase by a percentage that is equivalent to the percentage of the total parking that is proposed to be located between a public street and the building(s) on a lot. Of this total increased landscaping budget, the percentage that must be dedicated to installation of landscaping in the front yard shall be equivalent to the percentage of the total parking that is proposed to be located between a public street and the building(s) (e.g., if the minimum required landscaping budget before any increase was $100,000, and if 10% of the total parking for the lot is proposed to be located between a public street and the building(s), then the minimum required landscaping budget shall increase by 10%, for a new total landscaping budget of $110,000, and no less than 10% of the new total landscaping budget, or $11,000, must be dedicated to installation of landscaping in the front yard). 4. The applicant shall construct a safe, paved pedestrian access from the street to the building’s main entrance. 5. The parking layout and circulation shall not interfere with safe pedestrian access from the street to the building’s main entrance. (viii) The building, or a portion thereof, being served by the parking area is contained within the Security Identification Display Area of a publicly-owned and operated airport. (c) Parking area width. Surface parking areas and affiliated drive aisles located to the side of buildings shall not exceed the width of building(s), Civic Spaces, and Site Amenities along any street frontage. This may be calculated separately or cumulatively for corner lots. Parking approved pursuant to 14.07(B)(2)(b) shall be exempt from this subsection. (d) For through lots, parking shall be located to the side of the building(s) or to the front of the building adjacent to the public street with the lowest average daily volume of traffic. Where a lot abuts an Interstate or its interchanges, parking shall be located to the side of the building(s) or to the front adjacent to the Interstate. Parking areas adjacent to the Interstate shall be screened with sufficient landscaping to screen the parking from view of the Interstate. B. Relationship of Structures and Site to Adjoining Area. Page 235 of 346 SITE PLAN AND CONDITIONAL USE REVIEW ARTICLE 14 South Burlington Land Development Regulations (1) The Development Review Board shall encourage the use of a combination of common materials and architectural characteristics (e.g., rhythm, color, texture, form or detailing), landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. (2) Proposed structures shall be related harmoniously to themselves, the terrain and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. (3) To accomplish (1) and (2), the DRB shall consider: (a) Pattern and Rhythm. Update or maintain or extend the overall pattern of development defined by the planned or existing street grid, block configurations, position and orientation of principal buildings, prevalence of attached or detached building types. (b) Architectural Features. Respond to recurring or representative architectural features that define neighborhood character, without adhering to a particular architectural style. (c) Privacy. Limit impacts and intrusions to privacy on adjoining properties, including side and back yard areas through context sensitive design. (4) Pedestrian Connection. Pedestrian access must include direct (shortest linear distance) pedestrian sidewalk or path connections from local streets to the main entrances of principal buildings, civic spaces, recreation paths, shared parking areas, and existing or planned transit stops or facilities. C. Site Amenity Requirement. (1) Sites are required to include a specific minimum area for appropriate Site Amenities. This section does not apply to projects within the City Center FBC District (which are governed by Section 8.08). (2) Applicability. Applications for the following shall be required to provide Site Amenities: (a) Any non-residential development over 5,000 SF. (b) Additions or expansions exceeding 5,000 SF for existing non-residential structures. (c) Any residential development, including conversion of non-residential structures to residential use. (3) The required area shall be: (a) For Non-Residential development, a minimum of 6% of non-residential building gross floor area. (b) For Residential development, determined by number of units as: (i) For fewer than 10 units, 100 square feet per unit; (ii) For 10 to 19 units, 85 square feet per unit; or (iii) For 20 or more units, 60 square feet per unit. (4) The DRB may, in its discretion, provide a credit for up to 50% of the required Site Amenity area if the Applicant demonstrates a safe, walkable connection to an existing Civic Space or public park that is accessible by the general public and located within five-hundred (500) feet of at least one pedestrian access point for each building on the lot via a walking route and/or pedestrian way. A “safe, walkable connection” shall not include or require crossing a four-lane road. Page 236 of 346 ARTICLE 14 SITE PLAN AND CONDITIONAL USE REVIEW South Burlington Land Development Regulations (a) The DRB may, in its discretion, give a partial credit for the required Site Amenity area if some but not all the buildings on the lot have pedestrian access points located within five-hundred (500) feet of the Civic Space or public park, as described in Section 14.06(D)(4), above. (b) The DRB cannot provide any credit to replace the remaining 50% of the Site Amenity area. 14.07 Specific Review Standards In all Zoning Districts and the City Center Form Based Codes District, the following standards shall apply: A. Environmental Protection Standards All proposed development shall be subject to the applicable requirements of Article 12, Environmental Protection Standards. B. Site Design Features. All proposed development shall comply with standards for the placement of buildings, parking and loading areas, landscaping and screening, open space, stormwater, lighting, and other applicable standards related to site design pursuant to these Land Development Regulations. C. Access and Circulation. All proposed development shall comply with site access and circulation standards of Section 15.A.14. D. Transportation Demand Management Transportation Demand Management analysis is required for all site plans. See Section 13.01. E. Building Form. Development within the City Center Form Based Code District, the Urban Design Overlay District, and other districts with supplemental building form standards shall adhere to the standards contained therein. F. Streetscape Improvements. A proposed new construction or extension/expansion of an existing structure exceeding the thresholds listed in either (a) Section 14.09(B) or (b) Section 8.11(D) within the City Center Form Based Code, or Section 3.11(D) in all other zoning districts, shall be required to upgrade adjacent sidewalks, greenbelts, and related street furniture (trees, benches, etc.) to the standards contained within the applicable Street Type and Building Envelope Standard. Nothing in this subsection shall be construed to limit requirements for additional upgrades as necessary to meet the requirements of these Regulations. G. Access to Abutting Properties. The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial or collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. H. Utility Services. Electric, telephone and other wire-served utility lines and service connections shall be underground insofar as feasible and subject to state public utilities regulations. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Standards of Section 15.A.18, Infrastructure, Utilities, and Services, shall also be met. Page 237 of 346 SITE PLAN AND CONDITIONAL USE REVIEW ARTICLE 14 South Burlington Land Development Regulations I. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including compliance with any recycling, composting, or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). Small receptacles intended for use by households or the public (i.e., non-dumpster, non-large drum) shall not be required to be fenced or screened. 14.08 [Reserved] 14.09 [Reserved] 14.10 Conditional Use Review: General Provisions and Standards A. City Plan. These regulations hereby implement the relevant provisions of the City of South Burlington adopted City Plan and are in accord with the policies set forth therein. B. Definition of Conditional Use. A conditional use shall be defined as a use permitted in a particular zoning district upon showing that such use in a specified location will comply with all the general and specific standards for the location or operation of the use as specified in these regulations and as authorized by the Development Review Board. Uses requiring a conditional use permit are listed in Table C-1, Table of Uses. In granting approval for a conditional use, the Development Review Board may attach such additional, reasonable conditions and safeguards as it may deem necessary to implement the purposes of these regulations. C. Uses and Actions Subject to Conditional Use Review. Conditional use permit approval shall be required prior to issuance of a zoning permit in all districts where such uses are listed as conditional uses in the District Regulations. Any alteration, extension or other change to an existing conditional use shall require review under the requirements of this section. D. Review and Approval Procedure. A use designated as a conditional use in any district may be permitted by the Development Review Board, after public notice and public hearing, according to the following procedures: (1) Any conditional use shall be either: (a) subject to site plan review, except as provided for in Section 14.03(B), and therefore reviewed under the requirements of Article 14, Site Plan and Conditional Use Review; or, (b) subject to planned unit development review and therefore reviewed under the requirements of Article 15, Planned Unit Development; or, (c) subject to conditional use review only for a conditional use that within or deemed a single or two-family dwelling. (2) The Development Review Board may require submission of plans, data, or other information in addition to the requirements of Article 14, as it deems necessary. Page 238 of 346 ARTICLE 14 SITE PLAN AND CONDITIONAL USE REVIEW South Burlington Land Development Regulations (3) The Development Review Board shall act to approve or disapprove a requested conditional use within forty-five (45) days after the close of the final public hearing held under this section, and failure to so act shall be deemed approval. (4) In approving a conditional use, the Development Review Board may attach additional requirements as it may deem necessary to implement the provisions of the South Burlington Comprehensive Plan and these regulations. E. General Review Standards. The Development Review Board shall review the proposed conditional use for compliance with all applicable standards as contained in these regulations. The proposed conditional use shall not result in an undue adverse effect on any of the following: (1) The capacity of existing or planned community facilities. (2) The character of the area affected, as defined by the purpose or purposes of the zoning district within which the project is located, and specifically stated policies and standards of the municipal plan. (a) A multiunit dwelling project consisting of four or fewer units located in a district allowing multiunit dwellings may not be denied solely due to an undue adverse effect on the character of the area affected. (3) Traffic on roads and highways in the vicinity. (4) Bylaws and ordinances then in effect. (5) Utilization of renewable energy resources. F. Expiration of Conditional Use Permits. A conditional use permit shall be deemed to authorize only one (1) specific conditional use on a subject property and shall expire if the conditional use shall cease for more than six (6) months for any reason, unless an umbrella approval has been granted. 14.11 Site Plan and Conditional Use Review: Specific Uses and Standards A. Parking Garages. Review of such use shall include a review of the proposed structure's aesthetics and potential off-site impacts including but not limited to lighting, traffic, and circulation. B. Drive-Through Facilities. (1) Applicability. Drive-through facilities are prohibited in all districts except where specifically provided for in Article 8 (Form Based Code) and Appendix C – Table of Uses. (2) Supplemental Standards. Where permitted, and in addition to any design, building, or placement requirements within these Regulations, applications for a drive-through facility shall be subject to the following supplemental requirements: (a) Compliance with Traffic Overlay District provisions, if applicable. (b) Compliance with an approved access management plan providing for curb cut consolidation and secondary access. Page 239 of 346 SITE PLAN AND CONDITIONAL USE REVIEW ARTICLE 14 South Burlington Land Development Regulations (c) Mandatory technical review by a traffic consultant to determine adequate stacking lane length and aisle width. C. Convenience Store in Conjunction with a Gasoline Filling Station/Service Station. A service station that is a primary use on its lot may be allowed to have a convenience store as an accessory conditional use, subject to the following: (1) The proposed convenience store shall be an accessory use located on the same lot as primary use service station. (2) Such store shall have retail sales of convenience merchandise, prepared foods, and pre-packaged foods for personal or household consumption. (3) Minimum lot size. The primary use shall have a minimum lot size of thirty thousand (30,000) square feet. (4) Location of primary use. The service station shall have a minimum street frontage of one hundred (100) feet on an arterial road. (5) Hours of operation. The consumer convenience center shall be accessory to the primary use and as such shall be open for business during the same hours as the pumping operation of the service station. (6) Parking. Where parking is located near a residential district boundary, the applicant shall provide landscaping, and/or fencing or screening in the mandatory setback. (7) Lighting. The applicant shall demonstrate to the Development Review Board’s satisfaction that the proposed lighting plan will adequately light the store exterior and related parking area and will not shed light onto abutting residentially zoned land. D. Gasoline Filling Stations/Service Stations. No new gasoline filling stations or service stations shall be permitted within one thousand (1,000) linear feet in any direction from the property boundaries of an existing gasoline filling station or service station. E. Processing and Storage. (1) Hours of operation, including hours of truck delivery or pick-up activities, shall be limited by the DRB consistent with the character of the adjacent neighborhood and proximity to residential areas and residentially-zoned lands. (2) The DRB shall have the authority to limit the total square footage that may be devoted to processing and storage on any lot or within any one building to ensure compatibility with adjacent land uses. F. Alteration of Existing Grade (1) Approval Required. The removal from land or the placing on land of fill, gravel, sand, loam, topsoil, or other similar material in an amount equal to or greater than twenty (20) cubic yards, except when incidental to or in connection with the construction of a structure on the same lot, shall require the approval of the Development Review Board. The Development Review Board may grant such approval where such modification is requested in connection with the approval of a site plan, planned unit development or subdivision plat. This section does not apply to the removal of earth products in connection with a resource extraction operation (see Section 14.11(G), Earth Products.) (2) Standards and Conditions for Approval. Page 240 of 346 ARTICLE 14 SITE PLAN AND CONDITIONAL USE REVIEW South Burlington Land Development Regulations (a) The Development Review Board shall review a request under this Section for compliance with the standards contained in this Section 14.11(F) and Section 3.07, Height of Structures of these regulations. An application under this section shall include the submittal of a site plan, planned unit development or subdivision plat application showing the area to be filled or removed, and the existing grade and proposed grade created by removal or addition of material. (b) The Development Review Board, in granting approval may impose any conditions it deems necessary, including, but not limited to, the following: (i) Duration or phasing of the permit for any length of time. (ii) Submission of an acceptable plan for the rehabilitation of the site at the conclusion of the operations, including grading, seeding and planting, fencing, drainage, and other appropriate measures. (iii) Provision of a suitable bond or other security in accordance with Section 17.15 adequate to assure compliance with the provisions of these Regulations. (iv) Determination of what shall constitute pre-construction grade under Section 3.07, Height of Structures. G. Earth Products (1) General Requirements. The conduct of a resource extraction operation that involves the removal of loam, gravel, stone, fill, topsoil, sod or similar substance, except when incidental to or in connection with the construction of a building on the same lot, shall be permitted in any district, except as limited by the Environmental Resource Protection Standards and Interstate Highway Overlay District, subject to site plan approval by the Development Review Board after public notice. (2) Review Authority. Notwithstanding any other provisions within these Regulations, applications under this Section 14.11(G) shall be reviewed by the Development Review Board in all Zoning Districts and the City Center FBC District. (3) Exemption. The provisions of this section shall not apply to the removal of earth products from an operating farm, nursery, cemetery, or stormwater facility previously approved by the Development Review Board or Administrative Officer, to the extent that such removal is necessary to the operation of same. (4) Site Plan Requirements. An application for the removal of more than twenty (20) cubic yards within one (1) calendar year period shall include the submittal of a site plan showing the area from which earth products are to be removed. Also, the application shall include specific information pertaining to the following factors and such other information as the Development Review Board may require. At minimum, the following information shall be required: (a) Depth of excavation, in proximity to roads or adjacent properties. (b) Existing grade and proposed grade created by removal of material. (c) Effect upon public health and safety. (d) Creation of a nuisance. (e) Effect upon the use of adjacent properties by reason of noise, dust or vibration. (f) Effect upon traffic hazards in residential areas or excessive congestion or physical damage on public ways. Page 241 of 346 SITE PLAN AND CONDITIONAL USE REVIEW ARTICLE 14 South Burlington Land Development Regulations (g) Erosion potential due to removal of vegetative cover. (5) Conditions of Approval. The Development Review Board, in granting its approval, may impose conditions on the following: (a) Duration of the permit for any length of time that the Development Review Board deems appropriate. (b) Submission of an acceptable plan for the rehabilitation of the site at the conclusion of the operations, including grading, seeding and planting, fencing, drainage, and other appropriate measures. (c) Hours of operation, routes of transportation, and amount of material to be removed. (d) Provision of a suitable bond or other security in accordance with Section 15.15 adequate to assure compliance with the provisions of these Regulations. (6) Removal of Earth Products within Flood Plain District. Within the Flood Plain District, excavation of earth products shall be prohibited in such cases where it is anticipated that such excavation will lower the level of the water table or will interfere with the natural flow patterns or reduce the flood storage capacity. H. Accessory Dwelling Units Supplemental Allowance. An Accessory Dwelling Unit (ADU), or portion thereof that is proposed to be within the required setback applicable to a single family home may be approved as a Conditional Use, subject to the following: (1) The ADU must comply with all provisions of Section 3.11 (Accessory Dwelling Units) except setback standards; (2) The ADU shall only be situated where an accessory structure on the lot may be placed; (3) The ADU, and any portion thereof, must not exceed 15’ in height; (4) The ADU must not exceed 600 s.f. gross floor area; (5) The principal entry to the ADU must not be oriented a side or rear lot line; and, (6) The proposed encroachment of the ADU must not have an undue adverse affect on: (a) views of adjoining and/or nearby properties; (b) access to sunlight of adjoining and/or nearby properties; and, (c) privacy of adjoining and/or nearby properties. I. Seasonal Mobile Food Units. Seasonal mobile food units shall be subject to site plan review and the following requirements: (1) A proposed seasonal mobile food unit shall provide evidence of a valid Commercial Caterer License from the Vermont Department of Health. (2) A seasonal mobile food unit may have temporary outdoor seating for a maximum of sixteen (16) people. Temporary outdoor seating shall be placed directly on the ground with no foundation or underlying structure. (3) A seasonal mobile food unit shall not be permitted to operate between the hours of 9:00 pm and 7:00 am. Page 242 of 346 ARTICLE 14 SITE PLAN AND CONDITIONAL USE REVIEW South Burlington Land Development Regulations (4) A seasonal mobile food unit, and any associated seating and accessory items such as dumpsters, shall be removed from the property at the expiry of its permit under these regulations. (5) A seasonal mobile food unit shall be exempt from landscaping requirements under these regulations. (6) Prior to approval of a zoning permit or renewal, a written recommendation shall be sought from the South Burlington Police Department, South Burlington Fire Department, and South Burlington Department of Public Works. Said permit or renewal may be denied, if vehicular access to the property is likely to, or has, created unsafe vehicular or pedestrian traffic conditions adjacent to the property. (7) A zoning permit for a seasonal mobile food unit shall be valid for a maximum of seven (7) months, from April 1 to October 31, after which time it expires. (8) A seasonal mobile food unit zoning permit may be renewed in subsequent calendar years at the request of the applicant. The administrative officer shall approve the renewal upon finding that all aspects of the permit and these regulations have been met to date and in the previous year’s operation of the seasonal mobile food unit. No such renewal shall be issued if no zoning permit was issued in the previous calendar year. (9) Any modifications to an approved site plan shall require an amendment as required by these Regulations. (10) A seasonal mobile food unit shall be exempt from Section 10.01, Traffic Overlay District, of these regulations. (11) Notwithstanding any other provisions within these Regulations, applications under this 14.11(H) assigned to the Development Review Board shall be reviewed by the Board in all Zoning Districts and the City Center FBC District. J. Outdoor Exercise Facilities for Animal Shelters, Commercial Kennels, Pet Day Cares, and Veterinary Hospitals. (1) All outdoor exercise areas shall be fully enclosed and screened on all sides. (2) Animals shall not be permitted in outdoor exercise areas between 9:00 pm and 7:00 am. (3) Where a planned outdoor exercise facility is adjacent to or within fifty (50) feet of the boundary of a residential district or existing residential use, the required side or rear setback for the outdoor exercise facilities shall be sixty-five (65) feet from the residential or residentially-zoned property. A strip not less than fifteen (15) feet wide within the sixty-five (65) foot setback shall be landscaped with dense evergreens, fencing, and/or other plantings as a screen. New external light fixtures shall not be permitted within the fifteen (15) foot wide buffer area. (4) Runoff from any exercise facility shall not drain to any stream or public right-of-way without treatment. (5) For Veterinary Hospitals, any outdoor exercise area shall be limited to one hundred (100) square feet and be designed for and limited to use by one (1) animal at a time as a pet relief facility and limited exercise area. K. Self-Storage in the Mixed Commercial-Industrial (CI) District Within Transit Overlay District. Page 243 of 346 SITE PLAN AND CONDITIONAL USE REVIEW ARTICLE 14 South Burlington Land Development Regulations (1) General Requirements. In the Commercial-Industrial District, where such district is also within the Transit Overlay District, the Development Review Board may grant site plan approval for a self- storage facility, according to the following regulations. (2) Specific Standards: (a) The facility shall be clearly secondary to a permitted principal use in this district (b) The facility shall not occupy more than 20% of the gross floor area of the principal use (c) The facility shall only be accessible through an interior entrance (d) Access to storage units shall only be available during business hours, with an employee on site. L. Auto & Motorcycle Sales, Limited. (1) General Requirements: An auto & motorcycle service and repair business may be granted approval from the Development Review Board to display up to five (5) automobiles and/or motorcycles (combined) at one time for sale to the public, in accordance with the following requirements: (2) Specific Requirements: (a) The site plan shall indicate the location of all parking spaces of vehicles for sale, not to exceed five (5) total; and, (b) No vehicles for sale may be parked in any other location on the property. M. Food Hubs. (1) Specific Standards: (a) Processing activities at the food hub location shall be limited to non-mechanized packaging, provided it is subordinate to the distribution activities. (b) Storage is permissible for terms of less than 30 days. (c) Butchering or killing of livestock shall not be permitted within the designated food hub area. (d) A food hub may be host to- with no greater frequency than once per week- a farmer’s market without additional municipal review or permitting. (e) Edible landscaping is strongly encouraged; the value of edible landscaping used at Food Hub sites shall be counted towards the minimum landscaping budget as 150% of every dollar planted. (2) Permitting. (a) Facilities under 5,000 GFA may be reviewed under Section 14.04(B), Administrative Review. (b) Facilities larger than 5,000 GFA shall require DRB Site Plan review in accordance with Chapter 14 of these Regulations. N. Limited Neighborhood Commercial Use. (1) Limited Neighborhood Commercial is a neighborhood-scale commercial use that primarily serves the needs of a local neighborhood and meets the following criteria: (a) Any use not listed cannot be a LNC use. Specific uses allowed, if the use as proposed complies with the criteria under (2) and (3): (i) Restaurant, Standard (ii) Restaurant, Short-Order Page 244 of 346 ARTICLE 14 SITE PLAN AND CONDITIONAL USE REVIEW South Burlington Land Development Regulations (iii) Retail Sales (iv) Personal instruction facility (b) The use must be limited to: (i) Location on lots fronting on a collector or arterial street, or at an intersection including at least one collector and/or arterial street (ii) Maximum of two (2) uses per lot, including residential (iii) Total 2500 SF total gross floor area of LNC use on a lot (iv) Must have 7000 SF of lot area for a single-use lot or a mixed-use lot with one to four (1-4) housing units. LNC is not allowed on a lot with five (5) or more housing units. (v) Building coverage and lot coverage limits for small multi-family buildings apply to lots with an LNC use, regardless of whether there is residential use on the property. (c) The use must comply with the following specific standards: (i) Hours of operation between 7am and 10pm (ii) Parking must be limited to 6 off-street spaces (iii) Parking areas must be fully screened from adjacent parcels so headlights do not beam onto adjacent lot (iv) Lighting shall be used to illuminate pedestrian crossings and intersections only (v) Outdoor storage is prohibited (2) Limited Neighborhood Commercial uses included in a master plan approved prior to [DATE]that does not meet the above requirements are allowed. Page 245 of 346 ARTICLE 15.A SUBDIVISION REVIEW South Burlington Land Development Regulations 15.A SUBDIVISION REVIEW 15.A.01 Purpose and Authority 15.A.02 Subdivision Applicability 15.A.03 Classification 15.A.04 Sketch Plan Review 15.A.05 Preliminary Review of Major Subdivision 15.A.06 Final Subdivision Review 15.A.07 Subdivision Amendments 15.A.08 General Standards 15.A.09 Resource Protection Standards 15.A.10 Street Network 15.A.11 Sidewalks, Bike Lanes, and Recreation Paths 15.A.12 Blocks and Lots 15.A.13 Mix of Dwelling Unit Types 15.A.14 Infrastructure, Utilities, and Services 15.A.15 Required Improvements 15.A.01 Purpose and Authority A.Purpose. These Regulations, enacted under 24 V.S.A. § 4418 and § 4463, apply to the subdivision of land, and implement the following objectives consistent with the adopted City Plan, Official Map, and Capital Improvement Program: •Ensure orderly, coordinated development within the City of South Burlington; •Promote the comfort, convenience, safety, health and welfare of city residents; •Ensure that the rate of development does not exceed the city’s capacity to provide municipal infrastructure, facilities and services in an efficient and cost-effective manner; •Ensure that a proposed subdivision conforms to the planned pattern, density, and form of development for the zoning district or type of Planned Unit Development in which it is located; •Avoid undue adverse impacts to natural, cultural, scenic, and other open space resources identified for protection under Article 12; •Establish and maintain an integrated, multi-modal transportation network that connects existing and planned development, supports adjacent land uses, minimizes vehicle miles traveled, and maximizes safety and efficiency for all users including pedestrians, cyclists, motorists, and transit riders; •Foster and reinforce compact, walkable residential and mixed-use neighborhoods. •Facilitate integrated, community-based renewable energy production in locations that do not interfere with the City’s development, open space, and resource conservation objectives. B.Authority. (1)The Development Review Board (DRB) has the authority under these Regulations and 24 V.S.A. § 4418 and § 4463 to: (a)Review and approve, approve with modifications or conditions, or deny an application for the subdivision of land under the standards of these Regulations. Page 246 of 346 SUBDIVISION REVIEW ARTICLE 15.A 2 (b) Hold one or more public meetings or hearings warned in accordance with 24 V.S.A. § 4463 and 4464, and Section 17.08 of these Regulations as required prior to the recording of a subdivision plat. (c) Waive or modify, subject to appropriate conditions, the provision of any or all improvements and requirements as in its judgment of the special circumstances of a particular plat or plats are not requisite in the interest of the public health, safety, and general welfare, or are inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the subdivision. (d) Impose reasonable conditions that, in its judgment, are necessary and appropriate to mitigate the adverse impacts of any modification to or waiver of a required improvement or dimensional standard, and to ensure compliance with the standards for the grant of a modification or waiver. (2) The Administrative Officer has the authority under these Regulations and 24 V.S.A. § 4463 to review and approve, approve with modifications or conditions, or deny an application for the minor subdivision of land under the standards of these Regulations. The AO may also refer any minor subdivision of land application for review and decision by the DRB. C. Interpretation. Where a subdivision standard under this Article is superseded by or conflicts with another relevant standard under these Regulations, including Environmental Protection Standards and standards specific to a Planned Unit Development or Transect Zone Subdivision, the more specific, stringent, or restrictive standard shall apply. D. [Reserved] E. Modification or Waiver (1) The DRB may modify or waive an improvement or dimensional standard required under this article, subject to conditions, in specific circumstances. (a) The DRB must find the standard proposed to be modified cannot be fully met due to: (i) physical site limitations (including Hazard or Level I Resources) on the property, (ii) other legal or development constraints specific to the land to be subdivided, (iii) a lack of existing or planned connecting facilities or services adjacent to or in proximity to the subdivision, or (iv) existing or planned Development Context in the Planning Area (b) The DRB must find: (i) The improvement or requirement is not necessary to ensure public health, safety, and general welfare; (ii) The modification or waiver as proposed is the minimum necessary to afford relief and represents the least deviation from the standards and requirements of these Regulations; and (iii) The modification or waiver, if granted, will not have the effect of nullifying the intent and purpose of these Regulations, the City Plan, or other municipal bylaws and ordinances in effect. Page 247 of 346 ARTICLE 15.A SUBDIVISION REVIEW South Burlington Land Development Regulations (2) Waiver shall only be granted by the DRB if the only modification that meets the criteria above is to not apply the standard at any level or in any form. (3) Limitations. In no case shall the DRB vary: (a) Requirements of the Urban Design Overlay District and Transit Overlay District, as applicable. (b) Applicable lot coverage and/or building coverage maximums allowed within each zoning district except as authorized via use of Transferrable Development Rights. (c) Environmental Protection Standards under Article 12, except as authorized within that Article. (4) Context shall be determined by the existing or planned Development Context in the Planning Area. For planning and design purposes, “Planning Area” is defined as the area within ¼-mile of the lot or parcel to be developed, as measured from the lot line of the existing parcel. 15.A.02 Subdivision Applicability A. Applicability. Any subdivision of land subject to these Regulations must meet applicable subdivision standards under this Article unless modified or waived by the DRB under Section 15.A.01(E). (1) The DRB, in determining compliance with these standards, may require: (a) Disclosure of the intended use and development of all land to be subdivided, including subsequent development plans for any retained portion of the existing lot to be subdivided. (b) Modification of subdivision layout and design, the phasing of subdivision and development, or other measures necessary to avoid or mitigate the adverse impacts of a proposed subdivision on adjacent properties and uses; the transportation network; public facilities, infrastructure, and services; and environmental resources identified for protection under Article 12. B. Required Approval. Final subdivision plan and plat approval is required prior to: (1) The sale, lease, or conveyance of any portion of an existing lot; (2) Site preparation, grading, clearing, construction or the installation of site improvements associated with the subdivision of land or the development of a lot to be subdivided, excluding forestry, agricultural and land surveying activities; (3) Recording a subdivision plat or deed for a subdivided lot in City land records; or (4) Issuing a zoning permit for the development of a subdivided parcel. C. Exceptions. The following may be recorded in City land records without subdivision approval from the DRB or Administrative Officer as authorized: Page 248 of 346 SUBDIVISION REVIEW ARTICLE 15.A 4 (1) A right-of-way or easement (such as a trail, conservation, stormwater, or utility easement) that does not subdivide land. (2) A minor lot line adjustment or small lot merger permitted by the Administrative Officer under 15.A.03. (3) The transfer of a portion of a lot to an adjoining public lot or right-of-way for a public purpose conforming with the City Plan, Official Map, or Capital Improvement Program. (4) Technical corrections to a previously-recorded survey plat or deed correcting existing metes, bounds, elevations, or other errors and which not alter a subdivision plat as previously approved by the City. (5) A land lease of less than 400 square feet for the siting of utility infrastructure (electrical, telecommunications, internet, etc.) on a portion of a parcel, in conformance with these Regulations, if a survey plat showing the lease area is recorded in the land records. (6) The division, lease or use of a portion of a lot larger than twenty-five (25) acres solely for agricultural or forestry purposes, which does not require a new highway access or the installation of a permanent road or municipal infrastructure, provided that an instrument which waives development rights, until or unless subdivision review occurs, is approved by the City Attorney and City Council and is recorded in city land records. (7) The notice of a Certificate of Public Good (CPG) issued by the Vermont Public Utility Commission for an in-state energy generation facility with a capacity greater than 15 kilowatts, as required under 30 V.S.A. § 248, which identifies the land on which the facility is to be located by reference to the deed of record for the property as conveyed to the current landowner. 15.A.03 Classification A. Subdivision Classes. For purposes of these Regulations, subdivisions of land shall be classified as by the Administrative Officer as follows: (1) A Minor Subdivision is limited to: (a) The subdivision of one lot into two lots if both lots have either the required street frontage or share highway access via a permanent legal right-of-way; or (b) A lot line adjustment or small lot merger which does not create a new lot but does not meet the criteria for lot line adjustment or small lot merger below. (c) A minor amendment to an approved subdivision defined under 15.A.09 (2) A Major Subdivision is a subdivision of land that involves any of the following: (a) The subdivision of a lot into two lots that is not a minor subdivision; (b) The creation of three or more lots through the subdivision or re-subdivision of an existing lot, tract, or parcel; (c) The installation or extension of one or more streets; (d) The extension of any off-tract municipal or governmental infrastructure, facilities, or other improvements; or Page 249 of 346 ARTICLE 15.A SUBDIVISION REVIEW South Burlington Land Development Regulations (e) A Planned Unit Development (PUD) under Article 15.C, to be reviewed by the DRB concurrently with subdivision review. (3) A Transect Zone Subdivision is any subdivision of land within a designated Transect Zone. Transect Zone Subdivisions are governed by Article 8. B. Lot Line Adjustments, Mergers. A Lot Line Adjustment or Small Merger under this section shall not be considered a subdivision of land and is not subject to other sections of Article 15.A. Other Articles of the Land Development Regulations shall apply. Any Lot Line Adjustment or Small Lot Merger must be administratively reviewed for compliance with this section and recorded in the City of South Burlington Land Records. The Administrative Officer shall have the authority to refer an application under this section to the DRB. (1) Lot Line Adjustment is the adjustment, relocation, or realignment of a lot line between existing lots where: (a) The sale or exchange of land is between adjacent property owners and the application is authorized and signed by the owner of each affected lot; (b) The acreage of land to be transferred is less than the minimum lot area for the applicable zoning district(s); (c) No new, irregularly shaped, or undevelopable building lots are created through the adjustment; (d) The relocated lot line does not result in the creation of a nonconforming lot, structure, or use; increase the existing degree of nonconformity; or affect the ability to develop a lot in conformance with these Regulations; and (e) The proposed adjustment does not violate the terms or conditions of any prior municipal permit or approval. (2) Small Lot Merger is the elimination of a lot line between two contiguous, pre-existing nonconforming small lots that come under common ownership, consistent with 24 V.S.A. § 4412(2), provided that: (a) Either or both lots are undeveloped, or are proposed for redevelopment as a single lot at the time of the merger request; (b) The merged lot will be served by a single water supply and wastewater connections or systems; and (c) Existing highway accesses are consolidated so the merged lot is served by a single highway access. (3) Relocation or elimination of a lot line between two lots that does not meet the definitions under (1) or (2) shall be a minor subdivision (4) Survey Plat. The application for a minor lot line adjustment or merger must be accompanied by a survey plat prepared by a licensed land surveyor that depicts and references each lot to be modified by the adjustment or merger. The survey plat must clearly indicate the area, metes, bounds, and ties for each lot and, as applicable, the merged lot. The survey plat must also clearly depict all existing structures, site improvements, delineated setbacks, parking spaces, lot coverage and other details specified by the Administrative Officer as necessary to determine conformance with this section. C. Review Process by Classification (1) Major Subdivisions and Transect Subdivisions are reviewed and approved by the DRB. Page 250 of 346 SUBDIVISION REVIEW ARTICLE 15.A 6 (2) Minor Subdivisions are reviewed and approved by the Administrative Officer. The Administrative Officer has authority to refer an Application for Minor Subdivision to the DRB. (3) Minor Lot Line Adjustments and Mergers are reviewed and approved by the Administrative Officer. 15.A.04 Sketch Plan Review A. Applicability and Purpose (1) Applicability. Sketch Plan review is required prior to formal application for major subdivision, transect subdivision, and minor subdivision. Lot line adjustment and small lot merger do not require sketch plan review. Minor amendment to an existing Planned Unit Development as defined and regulated under the General PUD regulations in Article 15.C does not require sketch plan review. (2) Purpose. Sketch plan review provides the opportunity for the applicant and DRB to consider and discuss a conceptual subdivision plan under relevant regulations. Sketch plan review is advisory and intended only to guide the application and review process. B. Submission Requirements. As stated in Appendix E. Submission Requirements. C. Review Process. (1) Pre-Application Meeting with Staff. The applicant is encouraged to schedule one or more meetings with the Administrative Officer to discuss the classification of the proposed subdivision, relevant application requirements, review processes and standards under these Regulations, including whether the project may also require or allow for Master Plan review, or review as a Planned Unit Development (PUD). (2) Classification. Upon receipt of a complete sketch plan, the Administrative Officer shall classify the proposed subdivision as a Minor Subdivision, Major Subdivision, or Transect Zone Subdivision. If classified as a Major or Transect Subdivision, the Administrative Officer shall refer the sketch plan to the DRB for consideration at a regularly scheduled DRB meeting. Minor Subdivision Sketch Plan may be reviewed by the Administrative Officer unless referred to the DRB. (3) Sketch Plan Meeting(s). Notice of and subdivider participation in DRB Sketch Plan meetings is required in accordance with Section 17.09(F) of these Regulations. D. DRB Review. Based on the information provided, the DRB may provide guidance regarding necessity of Master Plan review under Article 15.B, review as a PUD under Article 15.C, and general conformity with the Official Map and relevant standards under these Regulations. The DRB may also provide guidance for the applicant in preparing their application, including suggested modifications or changes to subdivision design and layout; and any additional information, studies, or supporting documentation to be included with the application. E. Combined Review. (1) At the Sketch Plan review stage, at applicant’s request, the DRB may combine Preliminary Subdivision with Master Plan review under Article 15.B for one or more phases of subdivision and development if the application, hearing requirements, and standards for each type of review are considered and met. Page 251 of 346 ARTICLE 15.A SUBDIVISION REVIEW South Burlington Land Development Regulations (2) Where either a Master Plan under Article 15.B has been previously approved and is in effect, or where no Master Plan Review under Article 15.B is required, at the request of an applicant, the DRB may agree to combine preliminary and final subdivision review for one or more phases of subdivision and development. F. Effect. Sketch plan review authorizes the subdivider to proceed with an application for subdivision review; it in no way implies subdivision approval by the DRB. G. Next Step(s) (1) Sketch Plan review expires six (6) months after the date of the final sketch plan review meeting by the DRB. To proceed with the application, the Applicant must submit an application for subdivision or master plan before expiration of Sketch Plan review. (2) The next step in development review after sketch plan review differs by application type: (a) Major Subdivision – requires preliminary subdivision review under 15.A.05 (b) Transect Subdivision – requires final subdivision review under Section 15.A.06 (c) Minor Subdivision – requires final subdivision review under 15.A.06 (d) Master Plan Review - requires final Master Plan review under 15.B (3) If the applicant fails to meet the deadlines in this Section or if the application as submitted differs substantially from the sketch plan as reviewed, the Administrative Officer may require submission of a new sketch plan for review. 15.A.05 Preliminary Review of Major Subdivision A. Applicability and Purpose. (1) Applicability. Preliminary Subdivision review by the DRB is required for all Major Subdivisions. It is not required for Minor or Transect Subdivisions. Minor amendment to an existing Planned Unit Development as defined and regulated under the General PUD regulations in Article 15.C does not require preliminary subdivision review. (2) Purpose. This stage of review provides an initial review of the proposed subdivision for compatibility with these Regulations and any approved master plan, and to identify specific issues or concerns that must be addressed or mitigated prior to final subdivision review. B. Application Requirements. (1) Submission Requirements. (a) The application must be submitted on forms provided by the City and include: (i) information and materials listed in Appendix E, Submission Requirements, (ii) additional information requested by the DRB under Sketch Plan Review, and (iii) any requested modifications or waivers under 15.A.01(E), including the stated justification for this request and any supporting documentation. Page 252 of 346 SUBDIVISION REVIEW ARTICLE 15.A 8 (2) Context Report. The applicant must submit a map and narrative describing the existing and planned pattern and type of development in surrounding area, and existing and planned City facilities, services, and infrastructure in the vicinity of the project. (a) If no approved, valid Master Plan applies to the lot(s) to be subdivided, the Context Report must include meet the requirements of a Context Report for Master Plan in 15.B.07B. (b) If an approved, valid Master Plan applies to the lot(s) to be subdivided, this requirement is satisfied by the Master Plan and the Context Report in Master Plan application. C. Decision. When granting approval, the DRB shall state the conditions of approval, if any, with respect to: (1) Specific changes required to the preliminary plat, plans or supporting documents for consideration under final subdivision review. (2) The type and extent of any required improvements or dimensional requirements which may be waived under Section 15.A.01(B); (3) Initial allocations of available water, wastewater, stormwater, and transportation infrastructure capacity, and required system connections or improvements needed to serve the proposed subdivision; (4) Requested or required measures intended to avoid or mitigate the adverse impacts of land subdivision and development on environmental resources identified for protection under Article 12; and on existing and planned public facilities, infrastructure and services; (5) The timing and sequence of subsequent applications for phased or combined subdivision and development review; (6) Additional information the DRB finds necessary to determine compliance with the Regulations as part of final subdivision review; and, (7) Other municipal permits and approvals, performance bonds or other sureties, and development agreements to be obtained in advance of applying for final subdivision review and approval. D. Effect. (1) Preliminary Approval. Preliminary subdivision approval is not final approval of a subdivision plan or plat. It is intended only to guide the preparation of the final survey plat and supporting plans and documents. (2) Duration. A preliminary subdivision approval shall remain in effect for twelve (12) months from the date of approval unless, upon written request of the applicant, the expiration date is extended by the DRB for cause, for example due to an appeal of related permits, or other permitting or seasonal site analysis delays. If an application for final subdivision approval or an extension request is not submitted by the expiration date, the DRB may require resubmission of the preliminary plat, supporting plans and documents for preliminary subdivision review under the regulations in effect at the time of resubmission. 15.A.06 Final Subdivision Review A. Applicability and Purpose. Page 253 of 346 ARTICLE 15.A SUBDIVISION REVIEW South Burlington Land Development Regulations (1) Applicability. Final subdivision review is required for all subdivisions, including Planned Unit Developments (PUDs) under Article 15.C and Transect Zone Subdivisions under Article 8. (2) Purpose. It is intended to determine whether the final survey plat, supporting plans and documents, and proposed improvements comply with these Regulations and, as applicable, with an approved Master Plan, and the conditions of preliminary subdivision approval, prior to recording a survey plat, deeds, easements, and other legal documents in the City’s land records. B. Timeline and Application Requirements. (1) Application Deadline. The application must be submitted within six (6) months of sketch plan approval for a Minor or Transect Zone Subdivision, or twelve (12) months of preliminary subdivision approval for a Major Subdivision, including a PUD. The DRB has authority to extend these deadlines upon applicant request. (2) Submission Requirements. (a) The application may be submitted in one or more phases. If submitted in multiple phases, the phasing plan must be consistent with any approved preliminary subdivision or master plan. (b) The application must be submitted on forms provided by the City, comply with Appendix E, Submission Requirements, and provide any other information requested by the DRB under sketch plan or preliminary subdivision review. (c) The application must include any requested modifications or waivers of required improvements under 15.A.01(E), the preliminary subdivision plat as approved by the DRB, or conditions of preliminary subdivision approval, and include a narrative justification for the request. (d) The application must include a Certificate of Title showing the ownership of all properties and any draft conveyance documents for any easements to be dedicated or acquired by the City. These shall be reviewed by the City Attorney. C. Combined Review. The DRB may combine final subdivision review with Site Plan or Conditional Use Review under Article 14, if the submission and hearing notice requirements for each type of review are met. D. Decision. (1) Any conditions of final subdivision approval for performance bonding or other sureties, phasing, construction or inspection schedules, or the timing of required improvements under Section 17.16, must be specified in the written DRB decision, or in a separate Development Agreement approved by the City Council, as referenced in or attached to the DRB decision. (2) The DRB decision may also, as a condition of final subdivision approval, stipulate changes to the content of the plat, supporting plans or documents that must be completed to the satisfaction of the Administrative Officer before the plat is approved and endorsed by the DRB for recording under 15.A.08. E. Effect. Final subdivision approval by the DRB remains in effect for 180 days from the date of approval, unless extended by the Administrative Officer under 17.05B(3). If the applicant fails to file and record the subdivision plat as approved and endorsed by the DRB in the land records within this period, final subdivision approval shall expire. Page 254 of 346 SUBDIVISION REVIEW ARTICLE 15.A 10 (1) Final subdivision approval by the DRB shall not constitute or be evidence of acceptance by the City of any streets, easements, water and sewer facilities, open space or other public facilities and improvements shown on the subdivision plat or associated plans. 15.A.07 Subdivision Amendments A. Required Review. A subdivision plan and plat that has received final subdivision approval may not be altered, modified, revised, or amended without DRB or Administrative Officer approval, as applicable. The scope of review under this section will be limited, in the discretion of the DRB and Administrative Officer, to those aspects of the approved subdivision plan and plat affected by the proposed amendment. B. Minor Amendments to Subdivision. A minor amendment is an amendment to an approved subdivision which does not result in a substantial change, alteration, revision or modification of the subdivision plat, plans or conditions of final subdivision approval. A minor amendment shall be reviewed by the Administrative Officer for approval and recorded as a final plat, unless referred to the DRB by the Administrative Officer. C. Other Amendment. Any other subdivision amendments shall require final subdivision review by the DRB under Section 15.A.06. 15.A.08 General Standards A. Development Suitability. (1) Physical Site Constraints. For any land proposed to be subdivided for development, the applicant must mitigate any physical site constraints caused by periodic flooding, poor drainage, shallow soils, landslides, environmental site contamination, or other known physical hazards or constraints as necessary to allow the proposed development. (2) Buildable Area. (a) Definition. For purposes of these Regulations, including the platting of building lots, “Buildable Area” is defined as the total area of the lot to be subdivided, less the area occupied by any of the following physical and legal site limitations or constraints: (i) “Hazards” as defined and regulated under Article 12, as indicated on sketch and Master Plans, and as field verified and delineated on preliminary and final subdivision plans and plats, (ii) “Level I Resources” as defined and regulated under Article 12, as indicated on sketch and Master Plans, and as depicted on preliminary and final subdivision plans and plats, (iii) Existing and planned street and railroad rights-of way, and (iv) Transmission line corridors or easements, except upon request of the applicant that it be designated as Buildable Area. Page 255 of 346 ARTICLE 15.A SUBDIVISION REVIEW South Burlington Land Development Regulations (b) Habitat Block Exchange Exception. The land area within a mapped Habitat Block removed from the Habitat Block via exchange of land approved by the DRB under Section 12.04 (Habitat Block Overlay District) or relocation of a Habitat Connector as approved by the DRB under Section 12.05 (Habitat Connector Overlay District) is “Buildable Area” for purposes of subdivision and development calculations. B. Development Context. The applicant must demonstrate that the subdivision conforms to the planned pattern of subdivision and development in the vicinity, as defined by district purpose statements and standards, or as specified for a type of Planned Unit Development (PUD) under Article 15.C. C. Compliance with Zoning Districts. The subdivision must meet applicable Zoning District standards under Article 4 through Article 7, and Appendix C. (1) Overlay Districts. The subdivision must meet applicable overlay district standards under Articles 10 and 12. (a) In all subdivisions and PUDs for which the Traffic Overlay District (Section 10.01) applies, if the Traffic Overlay District provisions conflict with this section, the more restrictive provisions shall apply. (2) Multiple Districts. For the subdivision of a lot located in more than one zoning district, the district regulations specific to that portion of the subdivision within each zoning district shall apply, except as specified for a Planned Unit Development under Article 15.C. (3) Zoning District Boundaries. Subdivision boundaries and new lot lines must be located to avoid creating building lots split by zoning districts except if the DRB finds such split building lots are unavoidable due to pre-existing lot and infrastructure layout. (a) The DRB may approve a request to extend zoning district standards up to fifty (50) feet in either direction as necessary to avoid a subdivision or building lot split by a zoning district boundary. D. Compliance with Other Regulations. Subdivisions, including building lots, dwelling units, and supporting facilities and infrastructure, must be designed, configured, and constructed to comply with other relevant standards under these Regulations and other city ordinances and standards in effect at the time of application, including, but not limited to, those listed below. • Official Map, adopted under 24 V.S.A. § 4421 • Capital Improvement Program, adopted under 24 V.S.A. § 4430 • Department of Public Works Standards • South Burlington Code of Ordinances E. Development Connectivity. (1) The applicant must demonstrate the subdivision is configured and laid out to: (a) Maximize connections with adjoining parcels and neighborhoods (b) Avoid creating disconnected development areas except to separate incompatible land uses or to avoid undue adverse impacts to Article 12 resources, to the extent physically feasible Page 256 of 346 SUBDIVISION REVIEW ARTICLE 15.A 12 (c) Connect with and extend existing and planned streets, sidewalks, recreation paths, transit routes, and utility and greenway corridors located adjacent to or within ½-mile of the subdivision, or as indicated on the City’s Official Map. (d) Off-site improvements necessary to serve the proposed subdivision must be provided in accordance with 15.A.14. F. Civic Space. Unless otherwise specified under these Regulations, a minimum of ten percent (10%) of the total buildable area within the developed portion of any Major Subdivision exceeding two (2) acres in size must be allocated to functionally-integrated civic space lots, as shown on the subdivision plan and plat. (1) Required civic space must incorporate one or more allowed Civic Space Types under Article 11.B and meet associated type requirements. (2) Designated civic space lots must have frontage on or direct pedestrian access from an abutting street. The entrance to a civic space that does not front on an abutting street must be readily visible, apparent, and accessible from the street. (3) For Major Subdivisions under six (6) acres, the DRB may, in its discretion, provide a credit for up to 50% of the required Civic Space area if the Applicant demonstrates a safe, walkable connection to an existing Civic Space or public park that is accessible by the general public and located within five- hundred (500) feet of at least one pedestrian access point for each building in the subdivision, via a walking route or pedestrian way. A “safe, walkable connection” shall not include or require crossing a four-lane road. (a) The DRB may, in its discretion, give a partial credit for the required Civic Space area if some but not all buildings in the subdivision have pedestrian access points located within five-hundred (500) feet of the Civic Space or public park, as described in Section 15.A.12, below. (b) The DRB cannot provide any credit to replace the remaining 50% of the required Civic Space area. (4) Civic space lots must be identified on the subdivision plat, and in associated legal documents, as Civic Space lots to be maintained and managed in single or common ownership. G. Minimum Residential Density (1) For properties with four (4) acres or more of buildable area served by municipal water and sewer, planned residential subdivision layout must demonstrate it reserves adequate space and access to accommodate: (a) Minimum residential density of at least eight (8) units per acre on a contiguous area equal to or greater than 50% of the total buildable area; and (b) Minimum residential density of at least four (4) units per acre on the remaining 50% of the total buildable area. (2) For properties with between two (2) acres and four (4) acres of buildable area served by municipal water and sewer, planned residential subdivision layout must demonstrate it reserves adequate space and access to accommodate: a minimum residential density of at least four (4) units per acre across the total buildable area. (3) Demonstrated residential density must show and take into account any required rights-of-way, streets, stormwater practices, and required Civic Space lots. 15.A.09 Resource Protection Standards Page 257 of 346 ARTICLE 15.A SUBDIVISION REVIEW South Burlington Land Development Regulations A. Resource Identification. Site features (defined in (1), below) and Article 12 Resources on a lot must be identified and included in preliminary and final subdivision plans and plats. (1) Site Features. (a) Site Features are existing site features of significance to the City, to be considered in subdivision layout and design include: (i) Archaeological and historical sites and structures that are eligible for listing on the State Register of Historic Places, and historical landscape features such as stone walls and fences (ii) Prominent shade trees, street trees, or documented specimen or witness trees (iii) Exceptional or unique geological features such as exposed ledges, cliffs, waterfalls, and cascades (b) Listed site features must be considered for retention and incorporation in subdivision layout and design. (c) The DRB may require as a condition of subdivision approval that a listed historical site, structure or landscape feature present on the lot be inventoried, assessed and documented before any site development or any structural relocation, removal, or demolition may occur. (2) Article 12 Resources. (a) Article 12 Resources include Hazards, Level I, and Level II Resources as defined in Article 12 of these Regulations. (b) Article 12 Resources must be field verified and delineated on the ground by the applicant as specified in Article 12 of these Regulations for each resource, and indicated on preliminary and final subdivision plans. B. Resource Protection. (1) Article 12 protects specific natural resources. A subdivision shall not physically fragment, legally subdivide, or develop Hazards and Level I resources contrary to the protections of Article 12. A subdivision shall be configured to minimize and mitigate adverse impacts on Level II resources protected by Article 12. (2) Contiguous Hazard and Level I resource areas that exceed the minimum lot size for the applicable district must be subdivided onto their own lot or lots and be identified on the subdivision plat. (a) These areas must be labeled in associated legal documents as “Conservation Lots” to be maintained and managed in single or common ownership or under a conservation easement held by the City or qualified third party, such as an established land trust. (b) As a condition of subdivision approval, future subdivision of conservation lots shall be prohibited except where all land is being conveyed for conservation purposes. This restriction must noted on the subdivision plat. (3) Contiguous Hazard, Level I, or Level II resource areas that are less than the required minimum lot size for the zoning district can be incorporated into a building lot if the application and subdivision plan include a delineation of a building envelope that excludes the resource area. (4) Encroachments. Page 258 of 346 SUBDIVISION REVIEW ARTICLE 15.A 14 (a) A building lot may extend into a Hazard or Level I resource area up to 10% of the minimum lot size and only to the extent necessary to meet minimum lot size or frontage requirements for the relevant zoning district. (b) Other encroachments within Hazard, Level I, or Level II Resource areas regulated under Article 12 are limited to those allowed, subject to DRB review and approval, under Article 12. (c) An Article 12 resource area may be improved to serve as green infrastructure (e.g., for stormwater management or flood control) or as a civic space serving the subdivision as described in these regulations. (5) Site Features shall be identified and incorporated into subdivision design. Physical fragmentation or legal subdivision shall be minimized; (6) Scenic resources are protected by scenic view overlay districts. 15.A.10 Street Network A. Street Layout. The arrangement of streets serving the subdivision must incorporate and extend the network of existing and planned arterial, collector and local streets in the vicinity, including existing and planned streets serving adjoining subdivisions, and as shown on the City’s Official Map and consistent with any applicable Master Plan. (1) Street Grid. The street grid must: (a) Establish or extend an interconnected street grid that logically relates to existing site topography (b) Maximize connectivity and provide for the future extension of streets of equivalent functional class and other connecting rights-of-way or easements through adjoining properties. (c) Define walkable blocks and produce useable building lots that meet the requirements of these regulations (d) Result in reasonable street grades and safe intersections (e) Incorporate adequate stormwater drainage, and avoids or, where deemed necessary by the DRB, minimizes encroachments within and mitigates adverse impacts to resources identified for protection under Article 12. (f) Incorporate existing and planned public streets, recreation paths and sidewalks in a similar location and alignment as shown on the City’s Official Map and incorporate planned right-of-way widths listed for public streets under Table 3-1. Applicants must provide the City with an irrevocable offer of dedication for any planned right-of-way. (g) Be oriented to maximize solar access and gain on abutting building lots and block faces. Longer streets and block faces should either be aligned east-west or north-south, within 20 degrees of true east or true north. (2) Public Streets. The DRB shall require a street to be offered for dedication to the City as a public street in accordance with the following: (a) The proposed street will or could provide a future extension to an adjoining unaffiliated property or to another existing, proposed, or planned public street. Page 259 of 346 ARTICLE 15.A SUBDIVISION REVIEW South Burlington Land Development Regulations (b) The DRB determines, upon recommendation from the Director of Public Works and Planning & Zoning Director, that the significance of the proposed street within the City’s street network warrants public ownership. (c) Any street proposed or offered to be public must be built to public standards as enumerated in these Regulations or associated Public Works Standards and Specifications. (d) Any action to accept an offer of dedication shall be the sole authority of the City Council. (3) Private Streets. The DRB may approve, or require, a proposed street to be a private street, as clearly marked on the subdivision plat and in any applicable legal documents, in accordance with the following: (a) The proposed street will serve lots within a subdivision, master plan, or Planned Unit Development serving non-residential uses only. (b) The proposed street is a dead end street that cannot connect to an adjacent unaffiliated property or street. (c) Homes built on a private roadway may be required to be sprinklered to the satisfaction of the South Burlington Fire Chief. All proposed sprinkler systems must be reviewed and agreed upon prior to plat approval. This requirement may be waived be the DRB upon recommendation by the City of South Burlington Fire Chief. (4) Street Connections. Street rights-of-way must extend to adjoining property lines to allow for future street, sidewalk, recreation path and utility connections at regular intervals, spaced according to functional class, street type and, where applicable, required block lengths unless modified or waived by the DRB under 15.01(E). (a) The applicant must construct a connecting street or recreation path to the property line or contribute the cost of completing to roadway complete construction. If a street or recreation path is identified in the Impact Fee Ordinance, construction of planned improvements may receive credit pursuant to the Ordinance. (b) For phased development, the DRB may approve a street or other right-of-way on the subdivision plat and condition subdivision approval on physically marking the right-of-way’s existence and with one or more clearly visible signs indicating its location and future use. No further subdivision or development may be allowed until the applicant constructs the street or other right-of-way. (c) The DRB may require temporary turnarounds at subdivision boundaries, designed to City specifications as approved by the City Engineer and Fire Chief. The applicant must then show on the subdivision plat the right-of-way area to be returned to affected lots when street and sidewalk extensions to abutting properties are constructed. (d) Upon applicant request for full waiver of the requirement to build a street connection with right- of-way to the property line, the DRB shall consider substitution of a right-of-way with recreation path, sidewalk, or trail prior to granting any such waiver. (5) Dead-End Streets. Dead-end streets, and cul-de-sacs are prohibited unless the DRB finds that physical right-of-way limitations, legal constraints, incompatible land uses, or Hazards or Level I Resources under Article 12 preclude required street connections. (a) The Fire Chief and Director of Public Works must review and approve any requested waiver of this prohibition. They may consider these Regulations, public works specifications, and applicable fire codes in their review. Page 260 of 346 SUBDIVISION REVIEW ARTICLE 15.A 16 (b) A permanent dead-end street allowed by exception under this provision may not exceed two hundred (200) feet in length measured to the center of the City-approved turnaround. Hammerhead turnaround designs are the City’s preferred dead-end configuration. (c) Gated access to neighborhoods is prohibited in all circumstances and is not waivable. B. Access and Circulation. Unless otherwise specified under these Regulations, the street grid and layout must be designed to: (1) Provide a minimum of two (2) access points from an arterial or collector street to a subdivision with more than fifty (50) dwelling units on four (4) or more lots or within four (4) or more principal buildings, unless otherwise approved or required by the DRB in consultation with the City Engineer and Director of Planning & Zoning. These access points must be at least three hundred and fifty (350) feet apart. (2) Signalized access points must align with existing intersections where possible or be separated from existing, signalized highway intersections (as measured between the near edges of the driveway and the intersection) based on street traffic volumes: Table 15-1: Signalized Intersection Spacing Projected Peak Hour Volume (VPH per access lane) Distance (Feet) Below 450 300’ 450-550 350’ 551-650 400’ 651-750 450’ 751 and greater 500’ (3) Provide for street intersections as close to ninety (90) degrees as possible, accounting for site constraints. (4) Incorporate traffic calming measures as necessary to reduce through traffic and traffic speeds within residential and mixed-use neighborhoods. (a) Include offset “T” intersections where appropriate for traffic calming. Centerline offsets of less than two hundred (200) feet on local streets are not allowed unless specifically approved by the DRB, in consultation with the Fire Chief and Director of Public Works. (5) Provide deceleration, acceleration and turn stacking lanes as necessary to meet specified Level of Service (LOS) standards under (D) below. (6) Design intersections and other access points to City specifications to include curb radii necessary to accommodate anticipated vehicle types and speeds and minimizing pedestrian crossing distances. (7) Provide for safe access to abutting properties for motorists, cyclists, and pedestrians, including safe sight distances, access separation distances, and accommodations for high-accident locations. (8) Minimize vehicular access points (curb cuts) to abutting properties and building lots along pedestrian-oriented street frontage; and provide, where physically feasible, shared vehicular access to frontage and other abutting building lots. C. Street Design. Page 261 of 346 ARTICLE 15.A SUBDIVISION REVIEW South Burlington Land Development Regulations Street Types under Article 11.A specify required standards for designing, redesigning, modifying, or reconstructing a street, except for an existing or proposed public street with separate engineering plans developed by the City. (1) The street type standard applicable to a proposed street or section of roadway shall be determined by the DRB, in consultation with the Department of Public Works and Planning & Zoning Department, based on supporting documentation and the following criteria: (a) Any street type listed for a specific section of roadway, as shown on the Official Map or the Official Zoning Map, shall be the applicable street type for purposes of these regulations. (b) Eligible or allowed street types as specified by Zoning District, Transect Zone Building Envelope Standard, or PUD type. (c) Conformity to the stated intent of an applicable street type and intended uses and activities listed for that type. (d) Consistency with planned, proposed or anticipated connections to or extensions of existing streets. (e) Consistency with the specified design speed and design vehicle and accommodate projected traffic volumes at buildout. (f) Ability to accommodate all anticipated users, including motorists, pedestrians, cyclists and transit riders. (g) Conformity with City Plan policies, and any long range studies, capital plans, and other related city planning and policy documents specific to the street, the location, and the planned pattern of development in the vicinity of the subdivision. (2) All streets, including both public and private streets, must be designed by a Vermont licensed professional engineer and constructed by the applicant or developer to City specifications, unless otherwise specifically authorized by the DRB under final subdivision approval. (3) Proposed street types and functional classifications must be identified on subdivision plans submitted with the application. (4) Street, streetscape, or any other construction or improvements within street rights-of-way must conform to City engineering plans, as modified by the Director of Public Works. D. Complete Streets. Unless otherwise specified by Zoning District, Transect Zone, or PUD type, the subdivision must incorporate sidewalks or recreation paths as required by Street Type under Article 11.A, other City specifications, and Americans with Disabilities Act (ADA) requirements as applicable. (1) Where a subdivision is proposed to front along an existing roadway, all elements of the Street Type not present from the curb inward shall be installed by the applicant. E. Functional Capacity and Transit-Oriented Development. The nearest signalized intersection or those intersections specified by the DRB shall have an overall level of service “D” or better, at the peak street hour, including the anticipated impact of the fully developed proposed PUD or subdivision. In addition, the level of service of each through movement on the major roadway shall have a level of service “D” or better at full buildout. Page 262 of 346 SUBDIVISION REVIEW ARTICLE 15.A 18 (1) The DRB may require the upgrade or improvement of an existing street as necessary to serve the proposed subdivision. F. Street Names and Signs. (1) Names. Proposed streets and their approved street names must be identified on the final subdivision plat submitted with the application. Street names and numbering shall be provided and approved by the Planning Commission in accordance with the City’s E-911 Ordinance prior to submission of the final plat application. (2) Signs. All street signs and posts will be provided and installed by the City at the expense of the applicant. Street and other highway signs must conform to the South Burlington Sign Ordinance and applicable Manual on Uniform Traffic Control Devices (MUTCD standards) in effect at the time of application. 15.A.11 Sidewalks, Bike Lanes, and Recreation Paths A. Purpose and Intent. The subdivision layout, design, and proposed street network must facilitate pedestrian and bicycle access throughout the subdivision and provide direct pedestrian and bicycle connections to the surrounding development and street network. B. Requirements The applicant must demonstrate that subdivision layout, design, and proposed street network, incorporates as applicable: (1) Pedestrian-oriented streetscapes, as defined by Street Type under Article 11.A; (2) Pedestrian sidewalks, crosswalks, and mid-block crossings that meet ADA requirements; (3) Interior block pedestrian passages and walkways; (4) Direct pedestrian access from the street to fronting building lots and civic spaces, and to existing and planned transit stops; (5) Bicycle access to all building lots, and existing and planned transit stops; (6) Bicycle lanes by street type; and (7) Existing and planned pedestrian trails and shared use paths identified in the City Plan or on the Official Map. C. Pedestrian Easement. A permanent pedestrian easement twenty (20) feet wide may be required by the DRB to facilitate pedestrian and bicycle circulation within the subdivision: (1) Through any block that is five hundred (500) feet or more in length; (2) As a continuation of a dead-end street; (3) To provide direct pedestrian access to an existing or planned transit stop within or adjacent to the subdivision; or (4) In conjunction with a utility easement. Page 263 of 346 ARTICLE 15.A SUBDIVISION REVIEW South Burlington Land Development Regulations D. Additional Easements. Additional pedestrian or recreation path easements must be reserved where planned public trail and recreation path systems are located on the Official Map and City Plan and indicated on subdivision plans, and shown on the subdivision plat. 15.A.12 Blocks and Lots A. Blocks. (1) Unless otherwise required under these Regulations, or as approved by the DRB under 15.A.01(B); within residential and mixed use subdivisions: (a) The block perimeter must not exceed 2,000 feet; (b) The minimum block length allowed is 160 feet; and (c) The average block length (for all block sides or faces) must not exceed 500 feet. B. Lots. Building lots must be laid out to be developed in full compliance with their intended use and these Regulations. Unless otherwise specified under these Regulations as applicable to the subdivision: (1) All proposed lots must be numbered, as shown on subdivision plans and plats. (2) Building lots generally must be rectangular in shape, with side lot lines that are perpendicular or radial to the abutting street, and rear lot lines that parallel the street, except as necessary to accommodate existing rights-of-way or other physical site constraints (see Figure 2-1, Lots, Yards and Lot Lines). Irregular or oddly shaped building lots are prohibited, except for: (a) A flag lot only as necessary to accommodate a back-lot subdivision or infill development within an existing lot under 20,000 square feet, compliant with frontage requirements below. (b) A triangular or trapezoidal building lot defined by abutting streets meeting minimum lot are requirements; or (c) A through lot with frontage on two parallel or intersecting streets that cannot be further subdivided under minimum lot requirements, provided that front setback requirements can be met on both streets. (3) Frontage and Orientation. (a) All building lots must front on a public or private street, a designated civic space, or a shared courtyard with pedestrian access to the abutting street, or have a minimum twenty (20)-foot- wide permanent legal right-of-way to access the property from a public street. (i) A new infill flag lot may have less frontage than required for the applicable district with a minimum of ten (10) feet of frontage. (b) Building lots should be oriented and configured to minimize lot width (frontage) along the street. The preferred building lot width to depth ratio is 1:2; however, a ratio of 1:1 to 1:5 may be allowed as necessary to accommodate physical site constraints, stormwater drainage, or rear lot access and parking. (i) A new infill flag lot may be wider than it is deep to accommodate minimum lot size and create a suitable house site on the lot. Page 264 of 346 SUBDIVISION REVIEW ARTICLE 15.A 20 (c) Building lots must be configured to avoid or, where necessary, minimize rear lot lines that abut side lot lines. Unless otherwise specified under these Regulations, corner lots must be configured to meet lot frontage and front setback or build-to-zone requirements on all abutting streets. (4) Future Development Potential. Where proposed building lots exceed minimum lot area requirements, the DRB may require that such lots be configured and developed in a manner that allows for further subdivision and infill development. (5) Building lots must be configured to comply with all relevant lot size, dimensional, and lot coverage requirements under these Regulations, including, as appliable: • Lot requirements under Section 3.05; • Setback and buffer requirements under Section 3.06; • Lot requirements specific to an allowed use under Article 14; • Zoning district dimensional standards under Appendix C-2; • Transect Zone Building Envelope Standards under Article 8; • PUD or Building Type standards under Article 15.C and Article 11.C. • Civic Space requirements under this Article • Stormwater mitigation required under Article 12 (6) Special Cases. (a) Public Dedication. Lots for existing or planned public facilities or uses (including public parks and planned rights-of-way) shown on the City’s Official map or proposed for dedication to the City must be labeled on the subdivision plan and plat. (b) Temporary or permanent surface parking lots, where parking is the principal use, must at minimum meet the minimum lot area requirement applicable to building lots, to allow for future parking lot redevelopment. Such lots must also be shown on subdivision plans and plats submitted with the application. 15.A.13 Mix of Dwelling Unit Types A. Housing Mix. A mix of dwelling unit types and mix of architectural features and styles must be provided within neighborhoods and developments. For any subdivision with more than four (4) residential dwelling units, a mix of two or more dwelling unit types (as allowed within the applicable zoning district) must be provided. Types of dwelling units are differentiated by either housing type under Article 11.C or, within multi-family structures with more than four (4) dwelling units, by number of bedrooms per unit. These must be mixed within blocks, along the street and within neighborhoods rather than compartmentalized into sections of near-identical unit types. An applicant must demonstrate how this mix will be achieved at the preliminary plat stage. Where a Planned Unit Development approved under Article 15C establishes standards for a mix of dwelling unit or building types, those standards shall supersede these requirements. 15.A.14 Infrastructure, Utilities, and Services Page 265 of 346 ARTICLE 15.A SUBDIVISION REVIEW South Burlington Land Development Regulations A. Capacity of Community Facilities, Utilities and Services. The applicant must demonstrate the proposed subdivision and development as timed and phased will not exceed the existing or planned capacity of City facilities, utilities and services, including public schools; police, fire protection and ambulance services; street infrastructure and maintenance; parks and recreation facilities, and water supply, wastewater disposal, and stormwater management systems and infrastructure. The DRB has the authority to require any application under this section be phased to not cause a disproportionate or unreasonable burden on any of the above community facilities, utilities, and services. This may include creating more phases, extending the timeline for phases, and/or requiring installation of facilities by the applicant at specific milestones in development. B. Potable Water Supply and Wastewater Systems. The applicant must demonstrate that the proposed development complies with the City of South Burlington Water Ordinance and Wastewater Ordinance. (1) Private community or other onsite systems are not permitted within the City’s public Water and Wastewater Service Areas. A community system outside of an existing service area may be allowed only with approval from the DRB, the Department of Public Works, and the Vermont Department of Environmental Conservation, under the Department’s Environmental Protection Rules and in compliance with City and state standards. (2) Existing or planned water supply and wastewater system capacity must be adequate to meet total water demand and wastewater flows at buildout and at each phase of development, as evidenced by City allocations of available reserve capacity. The applicant must apply to the Department of Public Works for a preliminary allocation of available uncommitted water and wastewater system reserve capacity in advance of or concurrently with submission of application for final subdivision review. (a) Preliminary capacity determinations are not binding on the City but may be used by the applicant and DRB to determine that system reserve capacity, at the time of application, is sufficient. Final capacity allocations will be issued by the Department only after the DRB issues final subdivision approval. (b) Capacity allocations are not transferrable and unused allocations expire in accordance with the City of South Burlington Water Ordinance. (3) Utility corridors and easements must be shown on subdivision plans and plats submitted with the application. Water and sewer mains must be located within public rights-of-way or, with approval of the DRB and the Department of Public Works: (a) within other property owned by the City; or (b) within a restrictive, perpetual utility easement granted to the City of sufficient width to allow access for maintenance and repair work. (4) The DRB, in consultation with the Department of Public Works and Planning & Zoning Department, may also request that the applicant overdesign required system improvements, including pipes and pumping stations, as necessary to also serve adjoining parcels, or to comply with planned system improvements, subject to review and approval by the City Council. Page 266 of 346 SUBDIVISION REVIEW ARTICLE 15.A 22 (a) If requested improvements are approved by the City Council in advance of final subdivision approval, system infrastructure must be installed by the applicant as approved, and the City shall reimburse the applicant or developer for any additional cost in installing a larger system. (b) If the City Council does not approve requested improvements, the applicant will not be required to comply with the DRB or Department request. C. Fire Protection. The subdivision must be laid out to ensure that adequate fire protection can be provided in accordance with City specifications. (1) Fire hydrants connected to the municipal water system must be located and designed to meet City specifications, as determined by the Department of Public Works and City Fire Marshal. For a subdivision that is not connected to the municipal system, the DRB may require the subdivider to install hydrants, fire ponds or other measures necessary to provide adequate fire protection, as recommended by the Fire Marshall. D. Stormwater Facilities. The applicant must demonstrate that stormwater management system serving the subdivision has been designed to meet City standards and specifications under Article 13 of these regulations and the South Burlington Ordinance Regulating the use of Public and Private Sanitary Sewerage and Stormwater Systems. (1) Planned Unit Developments. For the purposes of Section 13.05B, in a Planned Unit Development, the applicant shall calculate the impervious coverage on the entire PUD, rather than lot or parcel E. Utilities and Services. The applicant must demonstrate that subdivision design has been coordinated with utility companies serving the proposed subdivision for the DRB to determine that adequate service capacity exists and that the areas identified for utility installation (shown on subdivision plans and plat) meet the requirements of these Regulations. (1) Utility connections must be provided to each building lot, and to other subdivision lots on which service is necessary or required. (2) Utilities must be located within street rights-of-way, or within permanent utility access and maintenance easements identified on subdivision plans and plats. (3) New electrical, natural gas, telephone, internet, cable television, and outdoor lighting systems must be installed underground, unless prevented by ledge or other physical constraints that make burying utility lines cost-prohibitive. (4) Utility lines or corridors must be located and designed in a manner that is compatible with the extension of utilities and services to adjacent properties. F. Street and Sidewalk Lighting. Where provided along local and collector streets, street and sidewalk lighting must be pedestrian-scaled 12 to 14 feet in height to ensure pedestrian safety. Overall illumination levels should be consistent with the character of the neighborhood, have smooth levels of illumination (rather than hotspots) and minimize light trespass to the lowest level consistent with public safety. G. Renewable Energy Facilities. Page 267 of 346 ARTICLE 15.A SUBDIVISION REVIEW South Burlington Land Development Regulations The applicant must demonstrate that, to the extent physically feasible, reasonable, and as appropriate to its development context, the subdivision has been designed to include one or more of the following as indicated on subdivision plans and plats: (1) Street and building lots oriented to maximize solar access and gain, for passive solar construction or rooftop solar installations; (2) Parking lots or structures designed and constructed to accommodate and support electric vehicle infrastructure, including charging stations, solar canopies, and rooftop solar installations; (3) One or more suitable open areas (“solar lots”) within the subdivision specifically designated for a ground-mounted community or neighborhood solar installation; (4) Solar access easements, as necessary to maintain solar access across adjoining building lots or properties; and (5) Covenants, deed restrictions or other legal mechanisms that require “solar-ready” construction within the subdivision. 15.A.15 Required Improvements A. General Standards. All required improvements must be designed and installed in accordance with the design standards, development requirements, specifications and procedures set forth in these Regulations and other applicable City regulations and standards. Installation and design standards apply to both public and privately owned required improvements. Proposed privately owned streets and other improvements shall be marked as such on the final plat. B. Reference Monuments. Permanent reference monuments, as shown on the final subdivision plat, must be set in concrete for all corners and angle points of the boundaries of the subdivision and as required by the City Engineer for new roads. Lot corner markers shall be set at corners and angle points of all lots, plots, or parcels, and located in the ground to finish grade. C. Modification of Design or Improvements after Approval. If at any time after approval before or during the construction of the required improvements, the subdivider demonstrates that unforeseen conditions make it necessary or preferable to modify the location or design of structures, utility cabinets, curb cuts, roads, parking lots, lighting, or landscaping, such minor alterations may be authorized by the Administrative Officer pursuant to the standards in Section 14.05(H) for as-built plans and field changes, upon the advice of the City Engineer. Such authorization may be provided if the proposed changes are within the spirit and intent of the Development Review Board's approval and that they do not waive or substantially alter the function of any improvements previously required by the Development Review Board. The modification of minor engineering or construction details or improvements may be authorized by the City Engineer without further approval, provided such changes do not alter the approved function, location or design of structures, curb cuts, roads, or parking lots. D. Inspection of Improvements. The City Engineer may, at their discretion, perform inspections as needed during the installation of required improvements to verify the satisfactory completion of required work. Page 268 of 346 SUBDIVISION REVIEW ARTICLE 15.A 24 E. Proper Installation of Public Facilities and Improvements. Prior to the release of any bond, escrow account, or letter of credit pursuant to Section 17.16, the subdivider or developer must submit to the City Engineer as-built construction drawings, certified by a licensed engineer. The City Engineer shall then inspect the required public facilities and improvements. In the event deficiencies are found and are not remedied by the subdivider or developer, the Administrative Officer shall notify the holder of the surety and take all necessary steps to preserve the City's rights under any performance bond, escrow account, or letter of credit. F. Acceptance of Required Improvements. The City Council is not required to accept any public street, facility, or improvement. City acceptance of proposed public streets and required public facilities and improvements must conform to procedures established by the City Council. Acceptance shall not take place until after the City Engineer has determined that required public facilities and improvements have been satisfactorily completed and after all bonds, escrow accounts or letters of credit, other than an amount that may be required to cover maintenance and guarantee work for a two-year period, have been released or closed. Page 269 of 346 ARTICLE 15.B MASTER PLAN REVIEW South Burlington Land Development Regulations 15.B MASTER PLAN REVIEW 15.B.01 Purpose 15.B.02 Applicability 15.B.03 Master Plan Review and Approval Process 15.B.04 Review Standards 15.B.05 Master Plan Effect 15.B.06 Amendment 15.B.07 Master Plan Components 15.B.01 Purpose Under these Regulations, a “Master Plan” is a plan for integrated, long-term development of a lot or lots of land prescribing the overall pattern, type, density, form, and timing of development. Master Plan review and approval by the Development Review Board (DRB) is intended to: • Establish the framework for the orderly, well-planned, and integrated development of a large lot or lots of land with clear development potential, phased development projects, and/or projects planned for development over several years; • Identify and address the impacts of more complex or phased development on nearby development and resources protected under Article 12; • Ensure the location, timing, and rate of proposed development does not exceed the capacity of the City to provide, upgrade, or expand municipal infrastructure, facilities, and services in an efficient manner; • Create logical development phasing related to existing and planned infrastructure capacity, required improvements, and provision of open space; • Define roles, responsibilities, and management structures for development and long-term management of a project; • Assure the applicant that a development under an approved, unexpired Master Plan is governed by regulations in effect at the time of master plan approval. 15.B.02 Applicability A. Required Approval. Master plan review and approval by the DRB is required for: (1) Any land subdivision or site development proposed to be constructed over two (2) or more phases, three (3) or more years, or both. (2) Any tract or parcel of land over two (2) acres with clear development potential beyond what is presented in an application. (a) The DRB shall consider the size of the lot, number of potential lots, existing buildings or other development, and difference between the proposed number of lots and the potential lots under the regulations in making this determination. Page 270 of 346 MASTER PLAN REVIEW ARTICLE 15.B South Burlington Land Development Regulations (3) A lot in existence as of [ADOPTION DATE] with four (4) acres or more of buildable area are eligible for a one-time exemption from the Master Plan requirement for subdivision of a single, contiguous development area of two (2) acres or less if two (2) acres of buildable area with clear development potential remain on the original lot. (a) Subdivision review and compliance with subdivision standards under Article 15.A are still required. (b) The two (2) acre development area may be subdivided into any number of lots that otherwise comply with all requirements of Article 15.A and all applicable requirements of these Land Development Regulations. (c) Minimum density requirements of Article 15.A.08G do not apply in the exempted development area. (d) The DRB shall not require an application utilizing this one-time exemption to complete a master plan for the exempted development area. B. Elective Review. An applicant may request Master Plan review for any project that involves two (2) or more acres in any zoning district, except the City Center FBC District. 15.B.03 Master Plan Review and Approval Process The following procedures apply to project for which master plan review is requested or required: A. Sketch Plan Review Sketch Plan Review is required for all Master Plans. (1) Purpose and Effect. Master Plan Sketch Plan review is the mandatory first review of an application by the DRB. At this stage, the DRB will determine Master Plan review is required or not required. The applicant may elect to complete Master Plan even if the DRB determines it is not required. (2) Pre-Application Meeting. The applicant must meet with Planning and Zoning Department Staff to review application requirements, relevant codes and standards, and proposed phasing schedules, prior to submitting an application for sketch plan review. (3) Submission Requirements. Application for Master Plan Sketch Plan review must include, at minimum, a project description under 15.B.04B and development plan under 15.B.04E. Application may include any additional submission materials under 15.B.04 the applicant chooses to support their application. (4) Determination of Master Plan Requirement at Subdivision Sketch Plan. The applicant may be required to submit additional materials required under (3) for the Subdivision Sketch Plan to be considered a complete application for Master Plan Sketch Plan. (5) Combined Review. Any application that proposes to combine Master Plan review with Preliminary Subdivision review for all or part of the Master Plan area must meet submission requirements for both Master Plan Sketch Plan and Subdivision Sketch Plan at this stage. B. Master Plan Application. Page 271 of 346 ARTICLE 15.B MASTER PLAN REVIEW South Burlington Land Development Regulations (1) Timing. Sketch Plan review expires six (6) months after the date of the final sketch plan review meeting by the DRB. To proceed with a Master Plan application, the Applicant must submit an application for subdivision or master plan before expiration of Sketch Plan review. (a) If the Master Plan includes proposed subdivision of land, submission of a Master Plan application must occur before or concurrent with any application for Preliminary Subdivision review under Section 15.A.05 for all or a discrete phase of the area in the Master Plan. (b) If no subdivision of land is proposed, submission of a Master Plan must be before or concurrent with application for Site Plan review under Article 14. (2) Submission Requirements. The Master Plan application must include the components required in 15.B.07. The Master Plan must generally conform to the layout shown on the Sketch Plan, and incorporate recommendations made by the DRB. C. Combined Review. At applicant request, Master Plan review may be combined with Preliminary Subdivision or Site Plan review for the entire development or for a discrete phase. (1) Timing. Any applications to be reviewed concurrently under combined review must be submitted concurrently. (2) Submission Requirements. The requirements for both Master Plan and Preliminary Subdivision or Site Plan must be met for any phase being reviewed concurrently with Master Plan review. (3) Decision and Findings. The DRB must issue separate findings of fact and conditions of approval (if any) specific to Master Plan and Subdivision or Site Plan. D. Public Hearing. Following the submission of a complete application, the Administrative Officer must schedule and the DRB must hold a warned public hearing on the master plan application as required under 24 V.S.A. §§ 4463 and 4464 and Section 17.09(F) of these Regulations. E. Neighborhood Meeting. Master Plan applicants must conduct at least one (1) neighborhood meeting, at the applicant’s expense, in the neighborhood where the project is located to present the proposal, provide opportunity for public questions and comments, and allow the applicant to identify and address potential neighborhood concerns in advance of the formal hearing process. (1) The neighborhood meeting must be held within thirty (30) calendar days before or after filing the master plan application, and no less than seven (7) calendar days prior to the first public hearing. (2) The meeting must be held on a weekday evening or a Saturday, in an ADA-accessible building open to the public in the City of South Burlington, and not on the same day as a regularly-scheduled Development Review Board or City Council meeting. (3) A meeting invitation must posted on the development site and mailed to all property owners with property located within 500 linear feet of the property line at least seven (7) calendar days in advance of the meeting. The invitation must include a brief project description and the date, time, and location of the meeting. A digital copy of the meeting notice must also be provided to the Administrative Officer at least seven (7) calendar days in advance. Page 272 of 346 MASTER PLAN REVIEW ARTICLE 15.B South Burlington Land Development Regulations (4) The meeting must include an overview of the project, an opportunity for all members of the public to offer verbal input, and acceptance of any written input. (5) The applicant must submit the meeting attendance list and meeting minutes to the Administrative Officer for the public hearing record to be reviewed by the DRB. 15.B.04 Review Standards A. Findings. To approve a Master Plan, the DRB must find that: (1) The Master Plan includes all the components required under Article 15.B in sufficient detail to provide the framework and standards for future development under the Plan, unless specifically waived by the DRB as not applicable to the proposed subdivision or development; (2) The overall type, pattern, and planned scale of development, and allocation of land uses, are consistent with these Regulations and other City regulations in effect at the time of application; (3) The proposed Development Plan demonstrates the efficient, coordinated, and integrated development and use of land which: (a) Considers existing topography and physical site constraints; (b) Avoids or minimizes and mitigates the impacts of future development on environmental resources identified for protection, as enumerated in Article 12, and as incorporated into the overall design; (c) Defines an overall pattern of development, including proposed streets and blocks, that is consistent with the zoning district or proposed type of planned unit development; (d) Maintains or improves street, pedestrian, and transit connectivity, and contiguous or accessible open space with the adjoining neighborhood, and within and between each phase of development; (e) Avoids, or minimizes and mitigates the adverse impacts of development on adjacent properties and uses, through the designation of transition areas or buffer areas along the project perimeter; and (f) Includes adequate standards specific to each type and phase of development, to include guidance for the functional and aesthetic integration of development with the surrounding neighborhood, and provisions for buffering or screening incompatible land uses; (4) The Buildout Budget sets reasonable development parameters for the entire project and allocated for each phase of development to coordinate with the City’s planning for infrastructure, facilities, and services; (5) The Phasing Plan and Schedule: (a) are consistent with the City’s adopted Capital Improvement Program; (b) ensure all phases of development will occur in an orderly fashion; and (c) infrastructure and facility improvements necessary to support each phase of development will be provided concurrently with such development; (6) The Management Plan: Page 273 of 346 ARTICLE 15.B MASTER PLAN REVIEW South Burlington Land Development Regulations (a) defines a management structure for the duration of the Master Plan that supports long-term project viability through project buildout; (b) identifies principals or entities responsible for securing necessary municipal permits and approvals for development under the Master Plan; and (c) clearly identifies proposed ownership and responsibilities for the long-term management, maintenance and operation of capital and community assets, including any proposed dedications of land, facilities and infrastructure to the City. 15.B.05 Master Plan Effect A. Decision. When granting approval of a Master Plan, the DRB shall make specific findings of which components of the Master Plan are vested, based on the type, level, and detail of information provided in the Master Plan, and the level of review and review processes required for subsequent applications filed under the Master Plan. The DRB may specify in its decision allowed modifications or changes under the Master Plan which require only administrative review and approval by the Administrative Officer. B. Effect. Once a Master Plan has been approved, all subsequent land subdivision and development must conform to the Master Plan as approved. Master Plan approval is binding upon the applicant, the owner(s), their agents, and successors in interest. C. Subsequent Phases. For any land subject to a current Master Plan: (1) For subsequent regulatory reviews under an approved, valid Master Plan, the regulations in effect at the time of Master Plan approval shall apply to vested elements under Subsection(C)(1). (2) For vested elements, regulations enacted following master plan approval shall apply only as necessary to address public health and safety. (3) A new Sketch Plan review is not required before an application for a Preliminary Subdivision or Site Plan review for a phase of the approved, valid Master Plan if the phase proposed is consistent with the approved, valid Master Plan and conditions of approval. (4) Preliminary Subdivision and/or Site Plan review is required prior to final Subdivision or Site Plan Review and approval, unless Preliminary review occurred concurrently with Master Plan approval, or is waived by the DRB. D. Duration, Expiration. (1) A Master Plan shall expire ten (10) years from the issuance of the first zoning permit under the Master Plan. (2) The Master Plan shall remain in effect until it expires, the development allowed by the plan is completed, or the plan is amended or superseded. (3) An expired Master Plan may not be extended, renewed, or amended. Page 274 of 346 MASTER PLAN REVIEW ARTICLE 15.B South Burlington Land Development Regulations (a) A new Master Plan application identical or substantially similar to an expired Master Plan may be re-submitted for complete Master Plan review under the regulations in effect at time of application. (4) Pursuant to 24 V.S.A. § 4463, any site plan or subdivision plat (with any associated conditions of approval) recorded in City of South Burlington land records governed by an approved Master Plan at time of approval shall remain in effect as recorded following Master Plan expiration. 15.B.06 Amendment Amendments to an approved, valid Master Plan are either minor or substantial, as follows. A. Minor Amendment. A Minor Amendment to an approved Master Plan is any amendment that includes a material change but does not deviate substantially from the approved Master Plan and does not alter the overall buildout budget. It may include reallocation of budgeted development parameters between development phases. (1) A Minor Amendment must be reviewed and approved by the DRB. It does not require full Master Plan review. (2) The DRB will review a Minor Amendment under the Regulations governing the Master Plan. (3) A Minor Amendment may be reviewed and approved concurrently with an application for preliminary or final subdivision or site plan review without Master Plan Sketch Plan review. B. Major Amendment. A Major Amendment to an approved Master Plan is any amendment that significantly differs from the approved Master Plan. Determination of significance shall be made by the Administrative Officer applying the following standards. (1) A difference is significant if it differs in one or more of the following respects: (a) Adding land or properties that were not included in the approved Master Plan; (b) Significantly altering the approved development plan including, but not limited to, a change in the overall pattern of development (e.g., arterial and collector streets, street layout, connectivity), allocated land uses, a significant change to the location and size of permanent open space, designated development areas, or civic spaces, and the allocation of development densities and land uses; (c) Significantly altering the development at full buildout including, but not limited to, a significant increase in total site coverage, a significant increase in peak hour trips, and/or other parameters that require additional infrastructure, facilities, or services; or (d) Significantly altering the approved development plan and phasing schedule. (2) A Major Amendment requires full Master Plan review and approval, including Master Plan Sketch Plan review and required pre-application meetings. 15.B.07 Master Plan Components A Master Plan application must include each of the following unless waived by the DRB as not applicable to a particular project. Higher levels of detail provided at the Master Plan stage may reduce the extent of future review. Requirements are numbered for reference purposes, not to indicate priority, order, or rank. A. Project Description. Page 275 of 346 ARTICLE 15.B MASTER PLAN REVIEW South Burlington Land Development Regulations A map, narrative, and accompanying table(s) describing: (1) The overall vision and scope of the proposed development; (2) The land area and properties in each phase of development; (3) Current property ownership and contact information; (4) Current zoning districts applicable to the Master Plan area; (5) Proposed Planned Unit Development (PUD) type(s) under Article 15.C, as applicable; and (6) Any requested modifications or waivers, as allowed under the Regulations. B. Context Report. A map and narrative describing the existing and planned pattern and type of development in surrounding area, and existing and planned City facilities, services, and infrastructure in the vicinity of the project. This must include: (1) Existing parcels, existing and planned streets and blocks, recreation paths, transit routes, buildings, land uses, parks, civic spaces, and other open spaces and community facilities located within ¼ -mile of project boundaries; (2) Proposed street, recreation path, transit, infrastructure, and open space connections between existing, planned, and proposed development; (3) Hazards, and Level I and Level II Resources regulated under Article 12; (4) Prevalent pattern of land subdivision and development in the Planning Area, as defined by block lengths; lot size and front lot line lengths; front, side, and rear setbacks; building height and coverage; civic spaces, and existing parking arrangements; (5) Streetscape elements, including the placement, orientation, and spacing of buildings along the street, existing and planned sidewalks, and existing or planned landscaping, street furniture, and lighting; (6) Building types and styles, including any prevalent or character-defining architectural features; (7) The planned character of the area as planned by the City as identified in the City Plan; and (8) Approved, to-be-built or recently built (within ten (10) years) development projects in the Planning Area. C. Existing Conditions Report. An Existing Conditions Map and narrative that depicts and describes existing conditions on the full project, including: (1) Geography of the parcel, including elevation contours, surface waters, wetlands, and other natural features; (2) Location of Natural resources regulated under Article 12, mapped as specified in Table 12-01; (3) Existing streets, blocks, and utility corridors, including existing rights-of-way; and (4) Existing land uses and structures, including any historic sites or structures listed or eligible for listing on the Vermont State Register of Historic Places. Page 276 of 346 MASTER PLAN REVIEW ARTICLE 15.B South Burlington Land Development Regulations D. Development Plan. One or more maps and narrative depicting the overall pattern, type, and density of development proposed for the entire project and for each phase of development, including: (1) Any designated Civic Spaces or Site Amenities; (2) Any land area for renewable energy production; (3) Proposed street network, including location of streets by Street Type and any existing or proposed rights-of way, easements, or intersections; (4) Proposed recreation paths, transit routes, infrastructure, and utility corridors and easements between and serving each phase of development; (5) One or more designated Development Areas including designated residential areas, nonresidential areas, mixed use areas, civic space areas by Type under Article 11.B, and principal or shared parking areas; (6) Any proposed transition areas; (7) Existing buildings to be incorporated in proposed development or redevelopment; (8) Typical building lot dimensions and configurations consistent with applicable subdivision and zoning district regulations, or PUD type, and for designated transition areas as necessary to complement or match the adjoining pattern of development; (9) Typical building types, as applicable and referenced under Article 11.C; and (10) Any land, facilities, or improvements proposed for public dedication, consistent with the City’s adopted Official Map. E. Summary Statistics. The following project statistics or metrics must be provided for the entire project area and for each phase of development, unless waived by the DRB as not relevant or applicable to a particular project: (1) Total lot area, and the area associated with each phase of development, in acres; for protection under Article 12 by resource level (Hazard, Level I, Level II); and the area, in acres, of any designated Conservation Area(s) or lots; (2) Total area, in acres and square feet, included in existing and planned street rights-of-way; the number and length in feet of proposed streets by Street Type, and the number of street intersections; (3) Total number of existing and planned blocks; and the block perimeter and block length for each block, in feet; (4) Total Buildable Area, in acres and square feet; (5) Number of proposed dwelling units by housing or building type within each designated Development Area; and (6) Other statistics or data required by the DRB as necessary to determine conformance with relevant standards under these Regulations. F. Buildout Analysis and Budget. Page 277 of 346 ARTICLE 15.B MASTER PLAN REVIEW South Burlington Land Development Regulations Based on the statistics provided under (F) above, the applicant must also provide an analysis for each of the following as allocated for each phase of development, for use in determining the project’s total “Buildout Budget”: (1) Acreage allocations by land use or building type, as percentages of the Buildable Area within designated Development Areas; (2) Total dwelling units; (3) Minimum percentage, and area in square feet, of required civic space(s) within designated Development Areas; (4) Maximum peak hour vehicle trip generation rates, by commercial, residential, industrial, or other use type; (5) Maximum water supply and wastewater system demand, by commercial, residential, industrial, or other use type; (6) Maximum total impervious surface (percentage, total square footage), and volume of stormwater runoff per designated Development Area; and (7) Other measures or parameters required by the DRB as necessary to identify and limit the forecasted impacts of development on municipal facilities, infrastructure and services, and properties and uses within the vicinity of the project. G. Phasing Plan. The application must include a Phasing Plan. The Phasing Plan must: (1) Identify and describe each phase of development, including the properties included, designated development areas by use type, major streets, supporting infrastructure and facility improvements, civic spaces, and other public amenities to be provided prior to or in association with each phase; (2) Schedule for development phases (including timing and sequence) over the period covered by the Master Plan, consistent with the City’s adopted Capital Improvement Program and Official Map, that considers and outlines any long-range planning (longer than ten (10) years) for areas in the Master Plan area; (3) Each proposed phase must incorporate one or more distinct areas and include the infrastructure and facilities necessary to support that phase of development; and (4) Any temporary or interim structures or uses (e.g., buildings, parking, construction, or staging areas) intended for conversion or redevelopment in a subsequent phase must be identified in the phasing plan. H. Management Plan. A narrative description of the proposed management structure responsible for project development including: (1) All principals or entities with direct control over and responsibility for: (a) financing (b) permitting Page 278 of 346 MASTER PLAN REVIEW ARTICLE 15.B South Burlington Land Development Regulations (c) construction (d) long-term ownership (e) management (f) operation (g) maintenance of capital and community assets (h) completion of development under the Master Plan (2) Any property proposed for public dedication under each phase of development for consideration by the DRB or under development agreements to be approved by the City Council, including, but not limited to: (a) streets (b) infrastructure (c) facilities (d) civic spaces (e) other open spaces (f) other property proposed for public dedication consistent with the City’s adopted Official Map and Capital Improvement Plan Page 279 of 346 ARTICLE 15.C PLANNED UNIT DEVELOPMENT South Burlington Land Development Regulations 15.C PLANNED UNIT DEVELOPMENT 15.C.01 Authority and Purpose 15.C.02 Applicability 15.C.03 Planned Unit Development Review 15.C.04 PUD Standards Applicable to All PUD Types 15.C.05 Traditional Neighborhood Development (TND) 15.C.06 General PUD 15.C.01 Authority and Purpose A. Purpose. A Planned Unit Development is a specific type of subdivision that allows flexibility from some Land Development Regulation standards in effective exchange for thoughtful, intentional, community-oriented design. The purpose of a Planned Unit Development (PUD) is to promote more unified and integrated form of planned development to achieve stated community goals and objectives in conformance with the City Plan including developments that specifically: • Promote efficient and cost-effective use of land, infrastructure, facilities and services; • Integrate, complement, and connect with adjoining neighborhoods, properties, and uses; • Foster compact, walkable, pedestrian-oriented residential neighborhoods and mixed-uses; • Incorporate a well-integrated mix of housing types and styles serving a range of incomes, ages, and household sizes; • Incorporate transit-supportive development patterns along existing and planned transit routes; • Infill and redevelop areas of the City served by municipal water, wastewater, and stormwater management systems; and • Develop or redevelop energy-efficiently, including incorporating facility installations appropriate to the development context. B. Authority. (1) The Development Review Board (DRB) has the authority under 24 VSA § 4417 to review, to approve, to approve with modifications and conditions, or to deny an application for a Planned Unit Development (PUD). (2) Under the same statutory authority, the DRB can modify the requirements of the Land Development Regulations subject to the standards and conditions for Planned Unit Development, as regulated under 15.A.01. 15.C.02 Applicability A. Effect. (1) For purposes of these Regulations, a Planned Unit Development (PUD) is an unmapped overlay zoning district or “Floating Zone,” applied to a lot or lots proposed for subdivision and development. (2) Where PUD standards differ from underlying zoning district, site plan, subdivision, or other LDR standards, PUD standards shall apply, except Article 12. Page 280 of 346 PLANNED UNIT DEVELOPMENT ARTICLE 15.C South Burlington Land Development Regulations (3) A PUD may involve one or more contiguous properties incorporated under a common PUD application. All properties must come under the direct control of the applicant as required for subsequent permitting and development. B. PUD Types. The following types of Planned Unit Development are authorized under these Regulations by Zoning District (Table 15.C.1), subject to the associated provisions and standards of review for each PUD type: (1) Traditional Neighborhood Development (TND PUD) under Article 15.C.05 (2) General PUD under Article 15.C.06 C. PUD Availability by Zoning Districts. (1) Availability of PUD review is determined by Zoning District and lot size. (a) TND PUD is allowed in Low-Scale Neighborhood (LSN) and Medium-Scale Neighborhood (MSN) on any lot with buildable area of four (4) acres or more. (b) General PUD is allowed for amendments to existing PUDs pursuant to 15.C.06C(1). (c) General PUD is allowed for new PUDs in Industrial-Agricultural (I-A) and Airport (AIR). (2) A PUD with land in two or more underlying zoning districts must be an allowed PUD type in each zoning district. (a) In association with Master Plan or PUD approval, the DRB may extend underlying district regulations, and associated PUD provisions, by up to fifty (50) feet in either direction of the zoning district line, consistent with Article 15.A.08(C). (3) Civic space(s) for a PUD may be located on a portion of the PUD property in the Natural Resource Protection District (NRP) (as otherwise consistent with these regulations) without the PUD type having to be allowed otherwise in the NRP. 15.C.03 Planned Unit Development Review A. Process, Applicable Regulations, and Combined Review. (1) A PUD is subject to Major Subdivision regulations under Article 15.A. (2) A PUD is subject to Master Plan regulations under Article 15.C. (3) A PUD must comply with any applicable standard in these Regulations not superseded, modified, or waived by the DRB during PUD review. (4) A PUD must comply with other applicable City ordinances and regulations in effect at the time of application, as listed in Article 15.A.08D. (5) Combined Review. (a) Review for compliance with Article 15.A occurs within the same process as review under this Article 15.C. (b) Review under Article 15.C requires Sketch Plan Review (15.A.05), Preliminary Site Plan Review (15.A.06), and Final Subdivision Review (15.A.07). Page 281 of 346 ARTICLE 15.C PLANNED UNIT DEVELOPMENT South Burlington Land Development Regulations (c) If new Master Plan is required, the DRB may combine Master Plan review with Preliminary Subdivision Review for one or more phases of PUD development at applicant request. (d) If no new Master Plan is required, the DRB may combine Preliminary and Final Subdivision Review for one or more phases of PUD development at applicant request. B. Application Requirements. (1) The application for a proposed PUD must include the following: (a) All submission materials required for Subdivision Review under 15.A. (b) All submission materials required for Master Plan review under 15.B, if the applicant requests combined review of PUD and Master Plan. (c) A statement and description of PUD conformance with the City Plan in effect at the time of application, including applicable land use, development, and infrastructure policies specific to the area proposed for development. (d) Documentation of project conformance with any proposed, previously approved or amended Master Plan for the PUD in effect at the time of application. (e) A statement and description of project conformance with the description, intent, defining characteristics, and design standards of the PUD type(s) proposed. (f) A list and description of requested modifications, waivers, or other forms of relief sought that differ from the standards of the selected PUD type. 15.C.04 PUD Standards Applicable to All PUD Types A. Conformance with the City Plan. The proposed PUD must conform to the City Plan in effect at the time of application. Conformance with the Plan in this context means that the proposed PUD must: (1) Advance any clearly stated Plan policies and objectives specific to the type and location of the proposed development; (2) Incorporate preferred settlement patterns, including future land uses and scale of development referenced in the land use plan, consistently with PUD standards specific to PUD type; and (3) Incorporate, as applicable, planned facilities, services and infrastructure identified in the utilities and facilities plan, as implemented under the City’s adopted Capital Improvement Program (CIP) and Official Map. B. Conformance with Master Plan. Each phase of a PUD developed in one or more phases must have and conform to an approved, valid Master Plan, as approved or amended by the DRB under Article 15.B. C. Allowed Uses. Allowed uses within a PUD, unless otherwise expressly allowed or prohibited by PUD type, include any use listed in Appendix C as a permitted or conditional use in the underlying zoning district(s) that can be accommodated within designated land use allocations and allowed building types. Page 282 of 346 PLANNED UNIT DEVELOPMENT ARTICLE 15.C South Burlington Land Development Regulations (1) Conditional uses allowed within the underlying zoning district shall be considered permitted uses within a PUD. Separate conditional use review and approval shall not be required. (2) New drive-through facilities are prohibited in a PUD. D. Development Density. (1) Buildable Area. The “Buildable Area” within a PUD is as defined under 15.A.08(A)(2). (2) Future Development Potential. PUDs must be designed to accommodate future development of any undeveloped or underdeveloped areas of the PUD under 15.A.12(B)(4) and show any future development on the Master Plan as required by the DRB. (3) Maximum Development Density. The maximum development density within a PUD is based on the total buildable area, proposed land uses, the allowed mix of building types, and associated building lot dimensional standards as specified by PUD type or underlying district. (a) The DRB may allow modification under 15.A.01E. E. Street, Building, and Civic Space Types. Where applicable, PUD types include a list of allowed Street Types (Article 11.A), Civic Space Types (Article 11.B), and Building Types (Article 11.C), representing the key elements necessary to achieve the desired form, density and mix of development specific to that PUD type. F. Solar Siting Preferences. Applicants are encouraged to incorporate renewable energy facilities, preferably roof-mounted solar energy facilities compatible with PUD layout and design located on principal structures, accessory structures, and parking structures. Areas reserved for ground-mounted solar installations serving the development must be indicated on the PUD Master Plan and on preliminary and final subdivision plans. 15.C.05 Traditional Neighborhood Development (TND) A. Description, Purpose. A Traditional Neighborhood Development (TND) is a type of planned development intended to create a more compact, pedestrian-oriented neighborhood development with a discernable center; walkable, interconnected residential streets and blocks; a variety of housing types fronting on local streets; and smaller civic spaces and facilities strategically located throughout to serve neighborhood residents. A TND may include one or more distinct, but interconnected neighborhoods that can be traversed from center to edge in a ten- to fifteen-minute walk, approximately ¼ to ½ mile. B. TND Characteristics. Defining characteristics of a Traditional Neighborhood Development (TND) include: • Predominantly residential uses with limited supporting civic and neighborhood commercial uses. • Efficient, highly interconnected local street, sidewalk and path network that accommodates all users, while also limiting through traffic on neighborhood streets. • Walkable, pedestrian-oriented blocks, building lots, and streetscapes that include continuous, uninterrupted, ADA-compliant sidewalks. • Recreation paths within greenways or along busier streets that connect with the adjoining neighborhood. Page 283 of 346 ARTICLE 15.C PLANNED UNIT DEVELOPMENT South Burlington Land Development Regulations • Direct pedestrian access to transit facilities, and neighborhood goods and services located within easy walking distance (¼- to ½-mile) of neighborhood areas. • A variety and integrated mix of housing types oriented to and front directly on local streets, courtyards, or civic spaces. • A well-defined civic space, such as a centrally located square or green, that serves as the focal point of the neighborhood, contributes to neighborhood identity, and accommodates neighborhood gatherings. • Smaller civic spaces and facilities, such as pocket parks and playgrounds, within direct walking distance (¼-mile) of neighborhood residences. • Vehicle access to adjoining lots primarily from a rear alley, side street, or shared service lane or driveway. C. Applicability. There are two types of TNDs, a full TND and an Infill TND. (1) A full TND must incorporate one or more contiguous or highly interconnected Development Areas, with a total Buildable Area of ten (10) acres or more. (2) An infill TND may incorporate a designated Development Area with a Buildable Area of at least four (4) acres but less than ten (10) acres. D. TND Dimensional Standards. A TND must meet TND acreage, land use allocation, density, coverage, height, building, and building lot dimensional standards under Table 15.C.06-1 unless modified or waived by the DRB. Building and building lot standards also vary by Building Type allowed within a TND, as listed under Table 15.C.06-2B. (1) Within an TND under ten (10) acres, the DRB may, in its discretion, provide a credit for up to 50% of the required Civic Space area if the Applicant demonstrates a safe, walkable connection to an existing Civic Space or public park that is accessible by the general public and located within five-hundred (500) feet of at least one pedestrian access point for each building in the TND, via a walking route or pedestrian way. A “safe, walkable connection” shall not include or require crossing a four-lane road. (a) The DRB may, in its discretion, give a partial credit for the required Civic Space area if some but not all buildings in the subdivision have pedestrian access points located within five-hundred (500) feet of the Civic Space or public park, as described in Section 15.A.08F. (b) The DRB cannot provide any credit to replace the remaining 50% of the required Civic Space area. (2) The boundaries of the TND, as indicated on the PUD Master Plan, and more specifically delineated on preliminary and final subdivision plans, must delineate a unified, compact, and walkable form of neighborhood development, typically defined as an area within a ¼- to ½-mile walk from TND center to edge. TND boundaries must include the designated Development Area(s) within the tract to be developed, and exclude large, contiguous Hazard and Level I natural resource areas identified for protection under Article 12, as necessary to maintain a compact and well-integrated form of neighborhood development. E. TND Street, Building and Civic Space Types. Page 284 of 346 PLANNED UNIT DEVELOPMENT ARTICLE 15.C South Burlington Land Development Regulations Street, Building and Civic Space Types allowed within a TND are specified by TND Subzone under Tables 15.C.05-2A through -2C. For any Street, Building, or Civic Space Type proposed in a TND Edge (Transition) Subzone that is not an allowed type within an adjoining Neighborhood Center or Residential Subzone, the DRB must find that the proposed type is compatible with the type and form of adjacent development. Page 285 of 346 ARTICLE 15.C PLANNED UNIT DEVELOPMENT South Burlington Land Development Regulations Table 15.C.05-1 TND Dimensional Standards Minimum Maximum Notes TND Total Buildable Area (Acres) Total contiguous or connected Buildable Area included within the delineated TND boundary (Designated Development Area), as necessary to allow for integrated, unified neighborhood development. Full TND 10 A --- Infill TND 4 A <10 A TND Land Allocation (% Buildable Area) “Unallocated” = Developer option; may also be “Reserved” as shown on the TND Master Plan, subject to allocation under a Master Plan amendment. Residential 65% --- Mixed-Use 5% --- Civic Space 15% --- Resource Land 0% --- Unallocated 0% 15% TND Buildable Area Coverage Limit (% Impervious) --- 60% As applied to total Buildable Area; not to individual building lots. TND Height Limit (FT) --- 35 FT # Stories vary by allowed Building Type. Residential Density (DU/Acre) Residential – Neighborhood Area 4DU/A or District (a) Variable (c) (a) Minimum = Base Density (DU/A), or maximum specified for underlying zoning district (District), whichever is greater. (b) Transit area = Minimum within ½-mile of a transit route identified on Overlay District Map 2. (c) Maximum density variable; dependent on selected Housing Types. Residential –Transit Area 8 DU/A or District (b) Variable (c) Residential – Center 8 DU/A or District (a) Variable (c) Nonresidential Density --- Variable Maximum density variable; dependent on selected Building Type. TND Block Perimeter (FT) 800 FT 2,000 FT Midblock connection, pedestrian pass required for any block length > 500 FT Average Length (FT) 200 FT 500 FT TND Building Lot (a) Area (SF) 2,500 SF 10,000 SF Building lot standards also vary by allowed Building Type; where building lot standards differ, the more restrictive shall apply Width to Depth (Ratio) 1:2 1:5 Frontage Width (FT) 25 FT 80 FT Frontage Buildout (% Width) 35% --- TND Building (a) Front Setback (FT) (b) 10 FT 25 FT (a) Building standards also vary by allowed Building Type; where standards differ, the more restrictive shall apply. (b) Min and max front setbacks define the Build-to Zone (BTZ), measured from street right-of-way or civic space lot line. (c) Minimum side setback (0 FT) applies to attached Building Types, where applicable. Side Setback (FT) (c) 0/5 FT 10 FT Rear Setback – Principal (FT) 10 FT --- Rear Setback – Accessory (FT) 5 FT --- Height– Principal (Stories) 1.5 2.5 Height – Accessory (Stories) 1.0 2.0 Page 286 of 346 PLANNED UNIT DEVELOPMENT ARTICLE 15.C South Burlington Land Development Regulations Table 15.C.05-2B TND Building Types (Also see associated standards under Article 11.C) Center Neighborhood Edge/Transition Residential Cottage ◼ ◼ Detached House ◼ ◼ ◼ Duplex ◼ ◼ ◼ Multiplex, Small ◼ ◼ ◼ Carriage House (ADU) ◼ ◼ ◼ Town House ◼  Live/Work (Variant) ◼  Multiplex, Medium  Nonresidential Civic ◼ ◼ ◼ Cottage Commercial ◼  Neighborhood Storefront ◼  Table 15.C.05-2C TND Civic Space Types (Also see associated standards under Article 11.B) Center Neighborhood Edge/Transition Green ◼  Square ◼  Plaza  Courtyard ◼ ◼ ◼ Neighborhood Park  Pocket Park/Plaza ◼ ◼ ◼ Playground ◼  Greenway ◼  ◼ Allowed;  May be allowed, subject to separate DRB review and approval, in relation to context. F. TND Design Standards. (1) Purpose. The applicant for any TND must demonstrate how the TND is consistent with the stated description, purpose, and defining characteristics of a TND under 15.C.06(A) and (B) above. The term “consistent with,” in this context, means to fulfill the description, purpose, and defining characteristics, read together as a whole; each individual characteristic does not have to be met. Table 15.C.05-2A TND Street Types (Also see associated standards under Article 11.A) Center Neighborhood Edge/Transition Neighborhood – Narrow ◼  Neighborhood ◼ ◼ ◼ Support ◼  Alley ◼ ◼ ◼ Pedestrian Street/Pass ◼ ◼ ◼ Bicycle Boulevard  Page 287 of 346 ARTICLE 15.C PLANNED UNIT DEVELOPMENT South Burlington Land Development Regulations (2) Modifications, Waivers. The plan for a TND must incorporate each of the TND design standards, unless: (a) modified or waived by the Development Review Board as necessary to complement or fully integrate new neighborhood development with existing development in the vicinity of the project; or (3) Context. For planning and design purposes, the “neighborhood area” includes all existing and proposed properties, buildings, and uses located within a ¼-mile “pedestrian shed” or, if located on a transit route identified on Overlay District Map 2, within a ½-mile “transit shed” of the tract or parcel to be developed, as measured from the approximate center of the TND. The TND must be designed to establish or to otherwise incorporate and complement the existing and planned pattern of neighborhood development in the vicinity of the project, consistent with TND connectivity and design standards under this section. (4) TND Subzones: Designated Development Areas must include the following subzones identified on preliminary and final subdivision plans: (a) Neighborhood Center. A distinct, attractive, civic space such as a central square or green that serves as the focal point for the surrounding residential neighborhood intended for access and use by all neighborhood residents and fronted on at least three sides by neighborhood-scale TND development, including local streets. A TND center may be located on or accessed from a collector street, if fully integrated with the surrounding residential neighborhood. (i) For a TND of ten (10) acres or more, selected Housing Types within the Neighborhood Center must accommodate a minimum (base) density of residential development of eight dwelling units/acre (8 DU/A). (b) Neighborhood Residential. One or more compact residential blocks, bounded by local streets, that incorporate an integrated mix of housing types at a density of not less than four dwelling units per acre (4 DU/A); and smaller civic spaces (e.g., pocket parks or playgrounds) strategically located within a ¼-mile mile walking distance of dwelling units within the TND. (c) Neighborhood Edge. A TND must have a clearly defined “edge” that physically and visually distinguishes the TND from the surrounding area (e.g., a greenway, park or conserved area); and/or or include one or more designated “Transition Zones” along the periphery, in which street and path connections to adjoining properties are maintained, but dimensional standards, street and building types may be adjusted as necessary to integrate new development with the adjoining existing or planned form of development. (5) TND Street and Path Network. The TND must incorporate a highly interconnected street grid that meets the relevant connectivity, street and block standards under Article 15.A, meets the supplemental standards below when they exceed the requirements of Article 15.A, and TND block standards and street types in 15.C. The street and path network must include: (a) “T” street intersections to limit through traffic on neighborhood streets and to incorporate terminating views of prominent civic spaces, buildings, or adjoining conserved lands. (b) Direct (shortest linear distance) pedestrian sidewalk and/or off-street walking and shared-use path connections to any off-site facility (e.g., neighborhood park, transit stop, commercial center) within the extended ¼- to ½-mile neighborhood area available to and intended for use by TND residents, and existing or planned facilities on adjoining properties. Page 288 of 346 PLANNED UNIT DEVELOPMENT ARTICLE 15.C South Burlington Land Development Regulations (6) A TND may border or be accessed from an arterial street but must not be traversed or divided by an arterial street. No residential building lots within a TND may front directly on or be individually accessed from an arterial street. (7) Vehicle Access and Parking. A TND must be designed to give pedestrians access and movement priority over vehicle access within blocks, along fronting streets, and to principal buildings and civic spaces. (a) To ensure walkability within a TND, the number and width of curb cuts and driveways on fronting streets must be minimized to the extent physically and functionally feasible, as necessary to avoid breaks in adjoining sidewalks. (i) Rear lot alley, service lane access, or shared driveway access from a fronting or side street, is required for any building lot with a street frontage width of less than 50 feet, and for attached building types with three (3) or more units. (ii) Vehicle access (e.g., driveway) to a building lot from a fronting street must be physically separated and visually distinct from pedestrian street access (sidewalk or path) and the main building entrance. (iii) The width of a driveway from a front or side street must not exceed ten (10) feet where it crosses an adjoining sidewalk along the street; and must not result in a physical or visual interruption in the adjoining sidewalk. The sidewalk must clearly extend across the driveway. (b) Off-site parking within a TND may include a shared parking lot or facility located behind principal buildings; or on-street parking along adjoining building lot frontage, as allowed by Street Type. (c) On-site parking on a building lot within a TND, as also specified by housing or other building type, may include: (i) Driveway parking outside of Build-to-Zone; (ii) Parking spaces located to the rear of the building lot, behind the principal building; (iii) Structured parking within the primary building footprint (underground, tuck-under, pedestal parking), or within an attached or detached accessory structure (garage, carriage house or carport), that meets associated building requirements under (8) below. (d) With the exception of designated handicapped spaces, shared parking and service areas serving any building type other than a single-unit building or duplex must be located to the rear or side of the building lot, behind the principal building; and must be screened from view from the street and from adjoining residential properties by a landscaped fence or dividing wall. (e) No principal parking lot or facility may be located on a corner lot, except as specifically approved by the DRB for a phased development in which the parking lot is reserved for conversion to a building lot under a subsequent phase of development. (8) Housing Mix. The TND must include a well-integrated mix of housing types, as specified by subzone, that also vary in style by block, street, and building lot. (a) A TND of ten (10) acres or more must include a minimum of three (3) allowed housing types, none of which represents more than 50% of the total number of dwelling units within the TND. (b) A TND of at least four (4) acres, but less than ten (10) acres, must include a minimum of two allowed housing types, neither of which represents more than 60% of the total number of dwelling units within the TND. Page 289 of 346 ARTICLE 15.C PLANNED UNIT DEVELOPMENT South Burlington Land Development Regulations (c) Housing types and styles must be mixed within neighborhoods and blocks, along a street or block face, rather than compartmentalized into areas of near-identical housing. Where housing styles are repeated, variations in architectural elements, fenestration, materials, or color must be used to enhance visual variety. (d) A small multi-unit building must be compatible in form and style with other housing types located along the same street or block. Corner lots with rear alley or side street vehicle access are preferred for this housing type. (9) Buildings. Allowed TND building types are specified by Subzone under Table 15.C.06-2B and associated standards under Article 11.C. In addition: (a) All principal buildings’ primary façades and main entrances must front on a street, a designated civic space, or a common courtyard, and not on an adjoining parking area. Secondary entrances may front on side or rear yards, garages, or parking areas. (b) All principal buildings’ primary façade must be oriented parallel to the fronting street or civic space, preferably with the narrower building façade (in proportion to building lot width and depth) facing the street to minimize the distance between adjoining buildings and main building entrances. (c) The primary building façade, and any frontage features such as porches, balconies, stoops, canopies, or awnings, must be located within the Build-to-Zone (BTZ) defined by minimum and maximum front setback distances. The primary building façade must also meet the minimum frontage buildout requirement applicable within the BTZ. (d) Frontage types allowed within the TND, as specified by Building Type, include front yards, dooryards, porches, balconies, and stoops that create a semi-private space oriented to the street, to promote social interaction, and neighborhood safety and security. (i) A front porch must have a functional, minimum width of eight (8) feet, and a minimum depth, as measured horizontally from the building façade, of six (6) feet. (e) Auto-oriented principal uses and buildings, and drive-through facilities are expressly prohibited within a TND. Pedestrian-oriented walkup facilities (e.g., ATMs, take-out windows) are allowed. (f) Accessory buildings allowed within a TND include detached Carriage Houses (accessory dwelling units), garages, garden sheds, and other small accessory buildings or structures typical of and incidental to a residential or civic use. (i) A detached accessory building must be located to the rear of the building lot, behind or to the side of the principal building, must be separated from the main building by at least ten (10) feet, and must meet relevant accessory structure side and rear setback and height requirements. (ii) Garage placement options on a residential building lot are depicted in Fig. 13-5. (10) Civic Spaces. Civic spaces serve as a visual focal point of a PUD used for neighborhood gatherings, local businesses, social engagement and interaction, and outdoor recreation. Civic Space type and size may vary with the development context. (a) A TND must include a minimum fifteen percent (15%) of the total Buildable Area as designated public or commonly held and managed civic spaces. (i) Civic space lots must be physically and visually distinct spaces accessible on foot located within walking distance (¼-mile) of building lots. Page 290 of 346 PLANNED UNIT DEVELOPMENT ARTICLE 15.C South Burlington Land Development Regulations (ii) Civic space lots must be integrated into the fabric of development design (b) Civic Space Types selected for the TND must include: (i) A prominent, well-landscaped, main green or square bordered by neighborhood streets, and fronting residential, mixed-use, or civic buildings; and (ii) Smaller civic spaces such as pocket parks or playgrounds that are strategically located by block or street, within walking distance (no more than ¼-mile) of all neighborhood residences. (I) This may also be met off-site by a public park or similar civic space located within walking distance of neighborhood residences and is available and directly accessible to neighborhood residents as defined in Article 15.A.11E. (II) Other accessible designated open space areas (e.g., resource land or a stormwater facility) with allowed compatible recreational uses may also be considered. 15.C.06 General PUD A. Authority and Limitations. The Development Review Board (DRB) has the authority under 24 VSA § 4417 to review, to approve, to approve with modifications and conditions, or to deny an application for a Planned Unit Development (PUD), as further described in Section 15.C.01. B. General PUD Description, Purpose, and Characteristics. A General PUD is a type of planned development that allows for relief from the strict dimensional standards for individual lots to encourage innovation in design and layout in lands currently governed by a PUD approved prior to November 2021. Defining characteristics of a General PUD include well-planned, well-sited, and well-designed development projects that: • Conform to the goals in the City of South Burlington City Plan and South Burlington City Council’s Resolution on Climate Change dated August 7, 2017. • Support and enable affordable housing development. • Redevelop underperforming properties and commercial strips (retrofits), contaminated sites (brownfields), and large expanses of parking (gray fields) into more compact forms of walkable, pedestrian-oriented, context-sensitive, mixed-use development that contribute to the City’s economic vitality. • Extend or re-establish existing street, sidewalk, and recreation path connections. • Improve the physical appearance, walkability, and amount of civic and green space within existing residential neighborhoods, commercial centers, and commercial strip development. • Introduce missing or complementary uses, facilities, services, amenities, or civic space intended to serve the immediate and surrounding area. • Foster context-sensitive transitions among and between neighborhoods, commercial areas, mixed- use areas, civic spaces, and natural resource areas. C. Applicability. A General PUD is an allowed PUD type: Page 291 of 346 ARTICLE 15.C PLANNED UNIT DEVELOPMENT South Burlington Land Development Regulations (1) For minor amendments to existing PUDs reviewed and approved under the LDRs in effect until November 10, 2021, the final subdivision approval for which has not expired, regardless of zoning district. (a) An amendment shall be considered “minor” if it does not significantly alter the overall intent or scale of the PUD, or the relationship of the approved PUD to its surroundings. A minor amendment may incorporate additional land not in the PUD as previously approved, but only to the extent that the additional land does not cause the PUD to exceed other requirements of this section. (2) For new PUDs in zoning districts I-A and AIR. (3) For amendments to General PUDs approved under this Section. D. Conformance with PUD Standards. In addition to the specific standards under this Section, all standards in Section 15.C.04 shall also apply. Application and review process for a General PUD is governed by Section 15.C.03. E. General PUD Compatibility and Context Analysis. (1) Context. For planning and design purposes, “Planning Area” is defined as the area within ¼-mile of the lot or parcel to be developed, as measured from the lot line or delineated PUD boundary. (2) “Development Context” is defined in Article 15.A (3) Context Analysis. The applicant must submit a written Analysis of the Development Context within the Planning Area. This requirement is described in Article 15.A. (4) Compatibility. PUD compatibility with the Planning Area, as determined from a detailed analysis of the Development Context, shall be a primary consideration in General PUD project design, and for DRB review and approval. F. General PUD Dimensional Standards. Relevant subdivision, site plan, zoning district, and applicable overlay district dimensional standards shall form the basis of the design of a General PUD and shall apply unless modified, reduced, or waived by the DRB as in Article 15.A. (1) The DRB must find an application meets the requirements of 15.A.01(E) to modify, reduce, or waive Site Plan requirements using 14.04(C), Subdivision requirements using 15.A.01(E), and/or Scenic Overlay District requirements using 10.02(I)(2), (J), and/or (K). (2) Height restrictions may be modified, reduced, or waived as allowed in underlying zoning districts identified in 3.07(D)(2) by the DRB. The standards of review in 3.07(D)(2) shall apply. (3) The DRB cannot modify, reduce, or waive standards as listed in 15.A.01(E)(3). G. General PUD Design Standards. (1) Design Standards. The design for a General PUD shall comply with existing Site Plan, Subdivision, and Overlay District regulations and standards, but may allow for variations from applicable regulations that respond to and incorporate the development context within the Planning Area and under the specific circumstances listed in Section 15.C.06(F). (2) Streets. Streets within a General PUD must be compatible with and connect to existing and planned public street, sidewalk, and path networks in the Planning Area. Page 292 of 346 PLANNED UNIT DEVELOPMENT ARTICLE 15.C South Burlington Land Development Regulations (a) Street and block pattern requirements of the Subdivision regulations (Article 15.A) shall apply unless waived by the DRB under Section 15.C.06(F). (3) Parking. Parking design and building location requirements applicable in all underlying zones and districts apply to General PUDs, including all requirements in Section 14.06(A)(3). (4) Buildings. Buildings and associated building lots within a General PUD must be compatible with the development context in the Planning Area as described under Section 15.C.07(E). (5) Civic Spaces and Site Amenities. Civic Spaces and/or Site Amenities must be compatible with the existing or planned development context. General PUDs must comply with applicable Civic Space and/or Site Amenity requirements in Subdivision (Article 15A) and Site Plan (Article 14). Civic Spaces required under Subdivision Regulations and under Site Plan Regulations can be satisfied by a combination of Civic Spaces, Site Amenities, or a combination, applied across the PUD area. (6) Housing Mix. For a General PUD with more than four (4) residential dwelling units, a mix of two or more dwelling unit types (as allowed within the applicable zoning district) must be provided. Types of dwelling units are differentiated by either housing type under Article 11.C or, within multi-family structures with more than four (4) dwelling units, by number of bedrooms per unit. These must be mixed within blocks, along the street and within neighborhoods rather than compartmentalized into sections of near-identical unit types. Page 293 of 346 ARTICLE 16 CONSTRUCTION AND EROSION CONTROL STANDARDS South Burlington Land Development Regulations 16 CONSTRUCTION AND EROSION CONTROL STANDARDS 16.01 Purpose 16.02 Applicability 16.03 Standards for Erosion Control during Construction 16.04 Excavation and Grading 16.01 Purpose It is the purpose of this Article to provide standards for proper erosion control and landscaping during and after land development activity in the City in order to prevent the adverse effects of erosion and runoff on the City’s residents, surface waters, and air quality. 16.02 Applicability Nothing in this Article shall be interpreted to supersede applicable permit conditions in an applicable permit issued by a superseding authority, including but not limited to those issued by the Vermont Department of Environmental Conservation or a permit issued by the Vermont Environmental Board pursuant to 24 VSA Chapter 151 (Act 250). 16.03 Standards for Erosion Control during Construction A. Natural Cover. Land shall be subdivided and improved in reasonable conformity to existing topography in order to minimize grading, cut and fill, and to retain, insofar as possible, the natural contours, and to limit storm water runoff, and to conserve the natural cover and soil. After application for approval has been submitted to the Development Review Board, no topsoil, sand or gravel shall be removed from the subdivision for any other purpose than to meet construction needs of that particular subdivision or to meet any requirements of these regulations. B. Erosion and Sediment Control. (1) The smallest practical area of land should be exposed at any one time during development. When land is exposed during development, the exposure should be kept to the shortest practical period of time. Areas of disturbance must have temporary or permanent stabilization within 21 days of initial disturbance. (2) Land shall not be left exposed between October 15 and April 15. (3) Where necessary, temporary vegetation and/or mulching and structural measures shall be required by the Development Review Board to protect areas exposed during the development. (4) Sediment basins (debris basins, desalting basins, or silt traps) shall be installed and maintained during development to remove sediment from run-off water and from land undergoing development. (5) The permanent final vegetation and structures shall be installed as soon as practical in the subdivision. Exposed soil must be seeded and mulched or covered with erosion control matting within 48 hours of final grading. Page 294 of 346 CONSTRUCTION AND EROSION CONTROL STANDARDS ARTICLE 16 South Burlington Land Development Regulations (6) Adequate and permanent measures shall be taken at culvert outfalls to minimize or prevent erosion and disruption of drainageway areas. C. Site Restoration. After completion of construction, suitable grading or seeding shall be done to restore the condition of any disrupted portion of a site. 16.04 Excavation and Grading A. General. All excavating and filling required for construction of improvements shall be as specified within this Section. The entire area of work shall be brought to the required lines and grades by excavation or filling. Excavation material, if suitable, may be used in making embankments and in filling low areas. A minimum of four (4) inches of top soil shall be provided to cover overall finished slopes. This material shall be spread uniformly over all finished slopes. All streets shall be graded from property lines to property line to approved grade and cross section. B. Fill. No stumps, wood, roots, sod, other fibrous materials or refuse shall be used as fill. C. Embankments. Embankments shall be formed of suitable and acceptable excavated materials and brought to the required lines and grades. The materials for embankment shall be placed in successive horizontal layers not exceeding six (6) inches in depth extending across the entire fill area. They shall be spread by a bulldozer or other acceptable method, and shall be thoroughly compacted. Where embankments are made of rock, the rock shall be so deposited that all voids are filled with earth and in such a way that the compaction specified above may be secured. D. Subgrade. Upon completion of filling and excavating, the subgrade shall be formed to the required grade and contour, and the entire surface again rolled as specified above. High spots shall be removed and low spots filled with the acceptable material and the process of leveling and rolling continued until no further depression results. E. Side Slopes. Side slopes in embankments and on roadside drainage ditches shall descend one (1) foot vertically for at least each two (2) feet horizontally (2 on 1). Surplus material resulting from excavation of the road prism shall be used to flatten slopes of embankment so that they ascend one (1) foot vertically for at least (2) feet horizontally (2 on 1). Side slopes in excavation rock shall ascend six (6) feet vertically for at least each one (1) foot horizontally (1 on 6). Where rock cuts have a face higher than ten (10) feet vertically, a three (3) foot berm shall be provided at each ten (10) foot level above the grade at the edge of the pavement. Side slopes shall not be graded so as to extend beyond the limits of the street right-of-way onto land not part of the subdivision unless a suitable slope easement has been properly established and granted by the affected property owner. Page 295 of 346 ARTICLE 17 ADMINISTRATION AND ENFORCEMENT South Burlington Land Development Regulations 17 ADMINISTRATION AND ENFORCEMENT 17.01 General Provisions 17.02 Zoning Permits 17.03 Certificates of Occupancy 17.04 Plat Recording Requirements 17.05 Expiration of Permits and Approvals 17.06 Revocation of Permits and Approvals [Reserved] 17.07 Fees, Notifications, and Digital Submissions 17.08 Planning Commission 17.09 Development Review Board 17.10 Administrative Officer 17.11 Advisory Committees 17.12 Amendments to Regulations and Maps [Reserved] 17.13 Violations [Reserved] 17.14 Penalties [Reserved] 17.15 Appeals 17.16 Performance Bonds, Escrow Accounts, Letters of Credit 17.01 General Provisions A. Applicability of Vermont Planning and Development Act. Administration and enforcement of these regulations, the effect of the adoption of these regulations, the appointment and powers of the Administrative Officer, the appointment and powers of the Development Review Board, the requirement for zoning permits and certificates of occupancy/compliance, penalties and remedies, administration and finance, public notice, appeals and granting of variances and other related provisions of Chapter 117 and Title 24, Vermont Statutes Annotated, known as the Vermont Planning and development Act, shall be applicable to these regulations, as such provisions now provide or may hereafter be amended. 17.02 Zoning Permits A. Zoning Permit Required. No land development may be commenced within the area affected by these regulations without a zoning permit issued by the Administrative Officer. No zoning permit may be issued by the Administrative Officer except in conformance with these regulations and the provisions of the Vermont Planning and Development Act. Any applicant for a zoning permit shall provide the Administrative Officer with any and all information the Administrative Officer deems necessary to ascertain compliance with these zoning regulations. Such permit shall not be effective until the time for appeal has expired, or such appeal has been adjudicated, in accordance with the Vermont Planning and development Act. Page 296 of 346 ADMINISTRATION AND ENFORCEMENT ARTICLE 17 South Burlington Land Development Regulations 17.03 Certificates of Occupancy A. Certificate of Occupancy Required. It shall be unlawful to use, occupy or permit the use or occupancy of any land or structure or part thereof created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy has been issued therefor by the Administrative Officer conditioned upon the requirements below. B. Certificate of Occupancy Not Required. Certificates of occupancy shall not be required for single-family or two-family dwellings, except as specifically listed below: (1) Certificates of Occupancy are required for single and two family dwellings within the Floodplain Overlay (Zones A, AE, and A1-30) Subdistrict. (2) Certificates of Occupancy are required for single and two-family dwellings that are Inclusionary Units within the applicable locations defined in Section 18.01(B)(1) (Applicability-Zoning Districts and Locations. (3) Certificates of Occupancy are required for dwelling units constructed in accordance with Section 18.03(C)(1) of these Regulations. (4) Certificates of Occupancy are required for replacement dwelling units built in accordance with Section 18.03 of these Regulations. C. Final Inspection and Certificate Issuance. Within thirty (30) days after notification in the form of a complete application made to the Administrative Officer that a building or structure or premises or part thereof is ready for occupancy or use, it shall be the duty of the Administrative Officer to have made a final inspection thereof and issue a certificate of occupancy if the project is found to conform with the provisions of this ordinance. D. Temporary Certificate of Occupancy. Upon written request of the owner or his authorized representative, the Administrative Officer may issue a temporary certificate of occupancy for the purposes described above provided the owner or his authorized representative can demonstrate that any and all City approvals or permits have been obtained and complied with to the fullest extent possible, barring uncontrollable factors such as inclement weather that may have prevented final paving or installation of required landscaping. The temporary certificate of occupancy shall remain in effect for a period not to exceed six (6) months at which time the owner or his representative must obtain a certificate of occupancy as provided in Sections 17.03(A) and (C) above. No more than one (1) temporary certificate of occupancy may be issued per approval. 17.04 Plat Recording Requirements A. Recording Requirements. The final subdivision plat, as approved and endorsed by the DRB or as otherwise deemed approved and certified by the City Clerk under 24 V.S.A. § 4463, must be recorded in the land records of the City within 180 days of the date of DRB approval. The Administrative Officer may extend the date for filing by an additional 90 days if other final municipal or state approvals are pending, and the extension request is filed within this 180-day period. If the plat is not recorded within this period, final subdivision approval shall be deemed null and void, and the plat, supporting plans and documents must be resubmitted for Page 297 of 346 ARTICLE 17 ADMINISTRATION AND ENFORCEMENT South Burlington Land Development Regulations final subdivision approval under Section 15.A.07 under the regulations in effect at the time of resubmission. (1) The survey plat to be recorded in City land records must comply with the requirements of 27 V.S.A. Chapter 17 (Filing of Land Plats), the DRB decision, including any stipulations or required conditions of approval, and adopted city policies and fee schedules. (2) The locations of all permanent surveying monuments, lot corner markers, and building envelope markers must be identified on the final subdivision plat as recorded in the land records. (3) In addition to the original mylar and required copies of the final plat, the applicant must also provide the Administrative Officer with a digital copy of the plat in a format that meets adopted state (Vermont Geographic Information System) and city data standards. (4) Once properly recorded, the survey plat shall become part of the South Burlington Official Map and shall not expire, except as subsequently amended in conformance with these Regulations. B. DRB Endorsement or Clerk Certification. (1) No subdivision plat which requires DRB approval or Administrative approval shall be filed or recorded in the Office of the City Clerk until it has been approved by the DRB, as endorsed in writing on the plat. DRB endorsement shall not take place until all required plats, plans, construction drawings and supporting documents have been submitted to and reviewed by the Administrative Officer for compliance with the conditions of final subdivision approval. (2) The DRB endorsement shall state that “This plat has been approved by Resolution of the Development Review of the City of South Burlington, Vermont.” It must also specify the date of DRB approval, subject to any conditions or requirements specified in the resolution and be signed by the Chair or Clerk of the Development Review Board. (3) For any subdivision plat that was deemed approved for failure of the DRB to issue a decision under 15.A.07(F), the accompanying City Clerk’s Certificate must be attached to the plat as filed and recorded. (4) Any plat that is recorded or subsequently revised without DRB approval and endorsement or Clerk Certification shall be considered null and void, and the Administrative Officer shall institute proceedings to have the plat stricken from city land records. 17.05 Expiration of Permits and Approvals A. Zoning Permits. A zoning permit shall expire one (1) year from its date of issue unless viewed as a whole, the work, time, and expenditures invested in the project demonstrate a continued good faith intent to presently commence upon the permitted project. B. Expiration of Approvals. All site plan, conditional use, variances, design review, and miscellaneous application approvals shall expire six (6) months from the date of their approval by the Development Review Board or Administrative Officer, unless: (1) A zoning permit is issued for the project; Page 298 of 346 ADMINISTRATION AND ENFORCEMENT ARTICLE 17 South Burlington Land Development Regulations (2) The Development Review Board or Administrative Officer has granted a longer period for a multi- phase development or for other projects that may reasonably require a longer period before commencement of the permitted project; or, (3) The Development Review Board or Administrative Officer has approved a request for extension of the approval. The Board or Administrative Officer may approve one (1) extension to an applicant of an approval if reapplication takes place before the approval has expired and if the Board determines that conditions are essentially unchanged from the time of the original approval. In granting such an extension, the Board or Administrative Officer may specify a period of time of up to one (1) year for the extension. (4) The Administrative Officer has the authority under these Regulations and 24 V.S.A. § 4463 to extend the date for filing a plat approved by the DRB or Administrative Officer by an additional 90 days, if final local or State permits or approvals are still pending. 17.06 Revocation of Permits and Approvals [Reserved] 17.07 Fees, Notifications, and Digital Submissions A. Fees And Digital Submissions. The City Council shall prescribe and may revise by resolution reasonable fees to be charged with respect to the administration of these regulations. Such fees shall incorporate the cost of public warning of applications. 17.08 Planning Commission A. Authorization. The Planning Commission is established via the City Charter, 24 V.S.A. App §13-701. B. Members and Terms of Office. Membership and Terms of Office for the Planning Commission are set forth in the City Charter, 24 V.S.A. App §13-701. All members shall be appointed by the City Council. All members may be compensated and reimbursed by the City of South Burlington for necessary and reasonable expenses. All members of the Planning Commission shall be residents of the City of South Burlington. C. Powers, Duties, and Procedural Rules. The Planning Commission shall elect its chair, vice-chair and a clerk and shall exercise all powers and duties as provided for in the City Charter, 24 V.S.A. App. § 13-702. Page 299 of 346 ARTICLE 17 ADMINISTRATION AND ENFORCEMENT South Burlington Land Development Regulations 17.09 Development Review Board A. Authorization. The South Burlington Development Review Board is established by the City Council via resolution in accordance with 24 V.S.A. §4460. B. Members. Board membership is set forth in 24 V.S.A. §4460 and as adopted by City Council resolution. All members may be compensated and reimbursed by the City of South Burlington for necessary and reasonable expenses. C. Term of Office. Four Board members shall have terms of four years and three board members shall have terms of three years. D. Procedural Rules. The Development Review Board shall elect its own officers, adopt rules of procedure, and operate pursuant to 24 V.S.A. §4461. E. Powers and Duties. In connection with any proceeding: (1) The officers of the development review board may administer oaths and compel the attendance of witnesses and the production of material germane to any issue under appeal. (2) The board may set such reasonable fees for filing notices of appeal and other acts as it deems proper; the payment of which shall be a condition to the validity of such filing or act under Title 24, Chapter 117. (3) The board may examine or cause to be examined any property, maps, books, or records bearing upon the matters concerned in such proceeding, (4) The board may require the attendance of any person having knowledge in the premises. (5) The board may take testimony and require proof material for its information. (6) The board may administer oaths or take acknowledgment in respect of such matters. (7) Independent Technical Reviews. Pursuant to 24 V.S.A. § 4440(d), the Development Review Board may require an applicant for land development that requires any type of development review approval to pay for the reasonable costs of an independent technical review of the application. This may include professionals qualified to review traffic studies, environmental impact analyses, fiscal impact analyses, or any other document or study needed to ensure conformance with these regulations. Accordingly: (a) The Development Review Board, with assistance from Department of Planning and Zoning Staff, shall prepare a scope for the technical review. The scope shall address the review criteria upon which the Development Review Board is required to base its decision on the application and require that the review be completed in a timely manner. (b) Department of Planning and Zoning Staff, on behalf of the Development Review Board shall retain a competent consultant, licensed individual or company qualified in the pertinent field(s) to conduct the independent review. Page 300 of 346 ADMINISTRATION AND ENFORCEMENT ARTICLE 17 South Burlington Land Development Regulations (c) The cost of the review shall be paid for by the applicant F. Public Hearings and Meetings. The Development Review Board must schedule and hold a warned public hearing or public meeting for all applications, as required under 24 V.S.A. §§ 4463 and 4464. (1) Public Hearings: (a) All Public Hearings for applications and appeals must be warned in accordance with the provisions of 24 VSA 4464(a). (i) Supplemental to the requirements of 24 VSA 4464(a), applications for Master Plan and Subdivision Preliminary Plat shall be warned in accordance with the provisions of 24 VSA 4464(a)(1). (b) For preliminary and final subdivision applications, in addition to other parties, the hearing notice shall also be sent by the applicant, at least fifteen (15) days prior to the hearing date, to the clerk of an adjoining municipality, if the proposed subdivision is located within 500 feet of a city boundary, as required under § 4463. (c) For all applications and appeals, the DRB may request additional information and testimony during the hearing process as necessary to determine project compliance with these Regulations; and may recess the hearing on an application for a specified period of time, in order to continue review, receive additional testimony or information or determine if additional testimony is required to render a decision. (d) For all applications and appeals, the applicant/appellant or their duly authorized representative must attend all DRB meetings on the application, including scheduled site visits, public meetings, and hearings that are recessed to a specified date and time. The DRB may disapprove the application if the applicant or their authorized representative fails to attend required meetings, provide requested information within a reasonable time period, or actively participate in the hearing process. (2) Public Meetings (Sketch Plan only): (a) Meetings for Sketch Plan applications shall be noticed in accordance with provisions for 24 VSA 4464(a)(2). (b) The DRB may request additional information during the meeting process as necessary to provide guidance on project compliance with these Regulations; and may recess the meeting on an application for a specified period of time, in order to continue review, receive additional information or determine if additional testimony is required to provide sufficient guidance. (c) The applicant or their duly authorized representative must attend the scheduled DRB meeting to present and discuss the proposed subdivision and sketch plan in concept. The DRB may schedule additional meetings as needed, or as requested by the applicant, to consider supplemental information or alternative conceptual designs. G. Decision. The DRB must issue its written findings of fact and decision to approve, approve with conditions or modifications, or deny an application within forty-five (45) days of closure of the hearing. Failure to act within this 45-day period shall constitute approval under 24 VSA § 4464(b), as deemed by the court and certified by the City Clerk. The DRB decision, including findings and information for appeal, shall be sent Page 301 of 346 ARTICLE 17 ADMINISTRATION AND ENFORCEMENT South Burlington Land Development Regulations by certified mail to the applicant, and filed in the City land records. Copies of the decision shall also be mailed to all parties who participated in the public hearing process. H. Notifications. Pursuant to 24 VSA 4464(a)(3), the applicant shall be required to bear the cost and responsibility of notification of adjoining landowners. The applicant shall be required to demonstrate proof of delivery in the form of a listing of all recipients and their addresses, supported by a sworn certificate of service. 17.10 Administrative Officer A. Authorization. The City of South Burlington may appoint an Administrative Officer and Assistant Administrative Officers pursuant to the City Charter. B. Powers & Duties. (1) The Administrative Officer and Assistant Administrative Officers shall have all authorities granted by the City Charter, State Statutes, and these Regulations. (2) The Administrative Officer and Assistant Administrative Officers may require an applicant to pay for reasonable costs of an independent technical review of the application in accordance with the procedures of Section 17.08(E)(7). C. Application Referrals to the DRB. For all applications subject to Development Review Board review, the Administrative Officer must refer a complete application, to the DRB within thirty days of the date of receipt as specified under 24 V.S.A. § 4448. (1) The Administrative Officer must also refer the application to other city officials and departments as applicable to the proposal; (2) The Administrative Officer must also refer the application to advisory committees authorized to review applications under these Regulations as applicable to the proposal, in accordance with 24 V.S.A. § 4464, and adopted city policies, standards and procedures. (3) The Administrative Officer must also refer the application to other applicable state authorities as required by law. An application for land development that requires improvements within or encroaches upon a mapped floodplain or river corridor must be referred to the Agency of Natural Resources or its designee for review and comment under 24 V.S.A. § 4424. 17.11 Advisory Committees A. Authorization. South Burlington City Council may appoint one or more advisory committees in accordance with 24 V.S.A. §4433. B. Membership and Terms of Office. Advisory committee membership and terms of office are set forth in 24 V.S.A. §4433 and as adopted by City Council resolution. Page 302 of 346 ADMINISTRATION AND ENFORCEMENT ARTICLE 17 South Burlington Land Development Regulations C. Powers, Duties, and Procedural Rules. Advisory committees shall elect its own officers, adopt rules of procedure, and operate pursuant to 24 V.S.A. §4433, §4461 and §4464(d). 17.12 Amendments to Regulations and Maps [Reserved] 17.13 Violations [Reserved] 17.14 Penalties [Reserved] 17.15 Appeals An interested party may appeal any decision or act of the Administrative Officer to the Development Review Board within fifteen (15) days of the date of the decision or act in accordance with 24 V.S.A. §4465. 17.16 Performance Bonds, Escrow Accounts, Letters of Credit A. Public Facilities and Improvements. (1) Public facilities and improvements under this Article shall include, without limitation, streets, sidewalks, recreation paths, curbing, water and sewer mains and pipes, stormwater infrastructure, pipes and catch basins, fire hydrants, parks, recreational facilities and other improvements which are public or are intended to become public. (2) Before the issuance of a zoning permit, the applicant, subdivider or developer must furnish the City with a suitable performance bond, escrow account, or letter of credit in an amount sufficient to cover the full costs of all proposed public facilities and improvements and ancillary site improvements and their maintenance for two years after completion. (3) Term. Such bonds, escrow accounts, or letters of credit shall run until the City Engineer has deemed the work to be complete in accordance with City approvals and regulations and for two (2) years thereafter, but in no case for a longer term than three (3) years. However, with the consent of the applicant, subdivider or developer, the term of that bond, escrow account or letter of credit may be extended for an additional period not to exceed three (3) years. If any public facilities and improvements have not been installed or maintained as provided within the term of the bond, escrow account or letter of credit then the amount secured by the bond, escrow account or letter of credit shall be forfeited to the City. (4) Partial Release. Upon a determination by the City Engineer that a phase of the construction of public facilities and improvements is complete as provided in Article 15.A.18(E), the Administrative Officer may recommend that the City Treasurer approve a partial release of the amount of the bond, escrow account or letter of credit equivalent to the phase or portion of the completed construction, up to a maximum of 90% of the original amount. Any amounts that the City Treasurer releases shall not exceed the proportion of the total project that has been built, up to a maximum of 90% of the original amount. The remaining 10% of the original amount of the bond, escrow account or letter of credit only shall be released upon the determination of the City Engineer that the public facilities and Page 303 of 346 ARTICLE 17 ADMINISTRATION AND ENFORCEMENT South Burlington Land Development Regulations improvements have been maintained for two years after the City Engineer determined the public facilities and improvements to be complete. Upon a determination by the City Engineer that the public facilities and improvements have been maintained as provided within the term of the bond, escrow account or letter of credit, the Administrative Officer may recommend that the City Treasurer approve the release of the remaining 10% of the original amount. B. All Other Bonds, Escrow Accounts, or Letters Of Credit Required by These Regulations. All Other Bonds, Escrow Accounts, or Letters Of Credit Required by These Regulations, including but not limited to Landscaping and Site Restorations or rehabilitation, Earth Products and required demolition and removal of buildings. (1) Before issuance of a zoning permit, the applicant, subdivider or developer shall furnish the City with a suitable performance bond, escrow account, or letter of credit in an amount sufficient to guarantee all landscaping and plantings as required under Article 14, and any site restorations or rehabilitations as required under Article 3 or Article 13, for a period as described in this section. (a) For development with a total landscaping budget requirement of $2,000 or less, no performance bond, escrow account, or letter of credit shall be required. (b) For development with a total landscaping budget requirement of over $10,000, the required amount for performance bond, escrow account, or letter of credit shall be $10,000, plus fifty percent (50%) of the landscaping budget amount over $10,000. Example: a development with a total required landscaping budget of $20,000 shall have a performance bond, escrow account, or letter of credit of not less than $15,000. (2) Term for Bonds, Escrow Accounts, or Letters of Credit for demolition and removal of buildings required by Article 3.09. Bonds, escrow accounts or letters of credit for the demolition and removal of a principal building upon the construction and occupancy of a new principal building, as required by Article 3.09 of these Regulations, shall run for a period of two (2) years. The Administrative Officer may recommend that the City Treasurer approve the release of the bond, escrow account or letter of credit upon a demonstration of compliance with Article 3.09(E)(3). If an applicant, subdivider or developer does not demonstrate compliance with Article 3.09(E)(3) as provided within the term of the bond, escrow account or letter of credit, then the amount secured by the bond, escrow account or letter of credit shall be forfeited to the City. (3) Term for Other Bonds, Escrow Accounts, or Letters of Credit required under Articles 3, 13, 14, and 15. All other bonds, escrow accounts, or letters of credit shall run for a period of three (3) years. However, with the consent of the applicant, subdivider or developer, the term of that bond, escrow account or letter of credit may be extended for an additional period not to exceed three years. If any required work has not been constructed, installed, or maintained as provided within the term of the bond, escrow account or letter of credit then the amount secured by the bond, escrow account or letter of credit shall be forfeited to the City. C. Bond Amounts. The amount of such bond, escrow account or letter of credit shall be established by the Development Review Board and shall be equal to 100% of the estimated project costs for public facilities and improvements, plus a 15% contingency; or 100% of the estimated project costs for all other types of bonds required by these Regulations. The applicant, subdivider or developer shall be responsible for providing accurate cost estimates. Where amounts are not specified by these Regulations, the City Engineer shall review all cost estimates and provide a recommendation to the Board. The Board may invoke technical review to confirm the accuracy of estimates. Page 304 of 346 ADMINISTRATION AND ENFORCEMENT ARTICLE 17 South Burlington Land Development Regulations D. Form of Bonds, Other Sureties. The form of any such bond, escrow account, or letter of credit shall be approved by the City Attorney and City Council and shall include procedures for the City to make use of such funds in accordance with 24 VSA § 4464. E. "As-built" construction drawings and plans. “As built” construction drawings and plans shall be submitted in paper and digital form to, and approved by, the City Engineer, prior to the release of any bonds, or portions thereof, for the installation of all required improvements. Page 305 of 346 ARTICLE 18 HOUSING STANDARDS South Burlington Land Development Regulations 18 HOUSING STANDARDS 18.01 Inclusionary Zoning 18.02 [Reserved] 18.03 Housing Preservation 18.01 Inclusionary Zoning A.Purpose. Inclusionary zoning to provide affordable and moderate-income housing in the applicable locations defined in subsection (B)(1) (Applicability – Zoning Districts and Locations) of this article of the City of South Burlington has been adopted pursuant to 24 VSA § 4414(7) for the following purposes: (1)To be a City that is affordable for people of all incomes, lifestyles, and stages of life through the preservation and development of a variety of housing in diverse, accessible neighborhoods, consistent with the South Burlington City Plan, as most recently amended; (2)To implement policies that support achievement of housing goals, objectives, and targets included in the South Burlington City Plan as most recently amended; (3)To affirmatively address the current and anticipated need for affordable housing units among low- and moderate-income South Burlington households that pay more than 30% of their income on housing, as described in state law (24 VSA § 4303(1)); (4)To mitigate the impacts of market-rate housing development that is unaffordable to low- and moderate- income households on the cost and supply of land and infrastructure available for affordable housing development in the applicable locations; (5)To promote the integrated development of mixed-income housing in the applicable locations, including a range of housing options needed to strengthen, diversify, and contribute to the vitality of the South Burlington community; (6)To promote the development of affordable housing opportunities that are available in locations accessible to goods and services and served by existing or planned public transit services; (7)To ensure that affordable housing units developed under inclusionary zoning remain perpetually affordable. (8)To provide integrated development incentives that contribute to the economic feasibility of providing affordable housing units. B.Applicability. (1)Zoning Districts and Locations. Inclusionary Zoning shall apply in all zoning districts that permit residential uses. (2)Covered Development. (a)Except as otherwise provided in this Article, the provisions of this Article shall apply to any land development in areas defined in (1) above that will result in the creation of ten (10) or more total dwelling units through subdivision, Planned Unit Development, new construction, or conversion of Page 306 of 346 HOUSING STANDARDS ARTICLE 18 South Burlington Land Development Regulations an existing structure or structures from non-residential to residential use. All approved phases of development shall be counted toward to the total dwelling units. (b) Congregate Care. This section shall apply to a congregate care facility that meets the applicability requirements of (1) and (2)(a), except as under (3)(b) below. Housing units in a congregate care facility shall be treated as rental dwelling units for purposes of this Section. When a development includes both dwelling units and housing units permitted as congregate care housing, the number of required inclusionary units shall be determined by the sum of the dwelling units and the housing units contained in the congregate care facility, and distributed proportionally between the two uses. (c) Aggregated Developments. For purposes of this Article, two or more developments shall be aggregated and considered together if: (i) The developments are located on abutting properties; and (ii) The developments are owned or controlled by the same person; and (iii) Each of the developments is located in an area subject to these Inclusionary Zoning requirements; and (iv) One or more of the developments consists of fewer than ten (10) dwelling units; and, (v) Either: (I) Both developments will apply for subdivision, construction, or conversion of an existing structure or structures from non-residential to residential use within five (5) years from the date a complete application is first submitted for one of the developments, or (II) An approved Master Plan exists including the two or more developments. (d) Previously Approved Master Plans. (i) This section shall apply to any portion of a Master Plan approved after January 1, 2020, that meet the applicability requirements of 15.B.02 for which the City has not received a complete application for preliminary plat approval and/or site plan approval. The use of bonuses allowed under Section F of this Article shall not be considered a deviation of an approved master plan approved prior to November 10, 2021. (ii) The provisions of this section shall apply to any portion of an approved master plan that meets the applicability requirements of 15.B.02 proposed for an amendment that includes an increase in the number of dwelling units and/or adding land to the master plan. (3) Exemptions. The following are exempt from the requirements of this Article: (a) Projects developed by or for an educational institution for the exclusive residential use and occupancy of its students. (b) Institutional, group homes, or group quarters housing, including long-term care facilities. (c) The redevelopment of existing dwelling units that produces no additional units. C. Inclusionary Units. (1) Calculation of Inclusionary Units. For covered development, a minimum number of units must be Inclusionary Units. (a) For a covered development with 10 to 24 total rental dwelling units, 10% must be Inclusionary Rental Units Page 307 of 346 ARTICLE 18 AFFORDABLE HOUSING STANDARDS South Burlington Land Development Regulations (b) For a covered development with 25 or more total rental dwelling units, 20% of the total units must be Inclusionary Rental Units (c) For a covered development with more than 10 total units to be offered for sale, 10% of any units offered for sale must be Inclusionary Ownership Units. This includes units offered for sale in fee simple, shared, condominium, or cooperative ownership. (d) If a covered development contains a mix of rental and ownership units totaling 10 units or more, the development must have at least 10% Inclusionary Rental Units unless (b) also applies. If either type of units has less than 10 units, the total development must still meet at least 10% of total units. (i) Example: Building has 30 units, with 8 ownership and 22 rental units. 10% of the rental units must be inclusionary (2.2 units, so 2 units) and also 10% of the units total must be inclusionary (3 units). The additional inclusionary unit can be rental or ownership. (2) Where the calculation of Inclusionary Units results in a fractional dwelling unit, that fractional dwelling unit shall be rounded to the nearest whole number (fractions that are greater than n.00 but less than n.50 are rounded down; fractions that are greater than or equal to n.50 but less than n+1.00 are rounded up). (3) When a covered development results in 10 or more lots that are sold prior to development, 10% of the lots must include deed restrictions that satisfy these inclusionary zoning requirements. (4) Prior to or upon request for the Certificate of Occupancy, the applicant shall notify the City whether the units will be Inclusionary Rental Units or Inclusionary Ownership Units so that the City, or its designee, may confirm that the proposed costs meet these requirements prior to issuance of the Certificate of Occupancy. (5) Inclusionary units required under this section shall be: (a) Constructed on site, unless off-site construction is approved under Section 18.01(E)(1)(c) (Off-Site Construction). (b) Integrated into the overall project layout and similar to market rate units in the proposed development. Inclusionary units shall, at a minimum, meet the following requirements. (i) Be physically integrated into the overall layout, scale, and massing of the proposed development; this criterion may be achieved in a single building or multiple buildings. (ii) Be constructed with the same exterior materials and have architectural design details of the same quality as those of the market rate units. The exterior dimensions of the inclusionary units may differ from the market rate units. (iii) Have similar accessory structures or other exterior structures (e.g. garages (whether attached or detached), storage spaces, sheds, decks, and other similar structures) as market rate units. (I) These may vary in their existence, size, and style to the same extent they vary amongst market rate units. Being offered to a buyer but declined will be considered compliance with this requirement. (iv) Be no less energy efficient than market rate units; (c) Habitable Area. (i) Inclusionary units shall have a minimum Habitable Area of 450 square feet for studios, 650 square feet for 1-bedroom units, 900 square feet for 2-bedroom units and 1,200 square feet for three (3) or more bedrooms. Page 308 of 346 HOUSING STANDARDS ARTICLE 18 South Burlington Land Development Regulations (ii) If the average (mean) Habitable Area of the market rate units is less than the minimum area required for inclusionary units, then the Habitable Area of the inclusionary units may be less than required above, but shall be no less than 90% of the average (mean) Habitable Area of the market rate units. (iii) Habitable Area of inclusionary units may differ from market rate units. (I) The average (mean) number of bedrooms in the inclusionary units shall be no fewer than the average number of bedrooms in the market rate units. (II) For projects involving 50 or more dwelling units, the applicant shall provide a revised estimate to the Administrative Officer at each interval of 50 dwelling units; the revised estimate shall account for the differences in estimates vs. actuals for the units permitted to date and shall apply to inclusionary units for which the Administrative Officer has not issued a zoning permit. (III) Unfinished space within an Inclusionary Ownership Unit that is not initially constructed as bedroom, but which can be converted to such, may count as a bedroom. No more than one (1) bedroom per inclusionary ownership unit may be counted in this manner. (IV) Inclusionary units developed as part of a housing development of predominantly market rate multi-family dwellings may be of varied types. Inclusionary units developed as part of a predominantly-single-family or duplex housing development may be accommodated in buildings containing up to four (4) dwelling units that have the appearance of single-family or duplex homes through their scale, massing, and architectural style. There shall be no indications from common areas that these units are inclusionary units. (d) Timing. Constructed and made available for occupancy concurrently with market rate units. The applicant shall provide a proposed phasing plan demonstrating concurrent development and occupancy of the market rate units and the inclusionary units. The Development Review Board may attach conditions necessary to assure compliance with this section and may, based on documentation from a financial institution denying financing or on physical site constraints, approve a plan allowing non-concurrent construction of the inclusionary units. D. Bonuses (1) Bonuses for State-Defined Affordable Housing Development. If a development meets the definition of an Affordable Housing Development as defined under 24 V.S.A. §4303(2), the development shall be granted an additional floor in total building height for any building in the development containing inclusionary units, as required under 24 V.S.A. §4412(13). (2) Bonuses for Exceeding Inclusionary Housing Requirements. If an applicant voluntarily exceeds requirements of this section to the levels described below, the development shall be granted an additional floor, up to the maximums allowed under Article 19. This is a floor in addition to any extra floor granted under 24 V.S.A. § 4412(13). (a) Including an additional 50% of the requirement to qualify as an Affordable Housing Development under 24 V.S.A. §4303(2). (i) For any development of 25 units or less, 8 units must be affordable (ii) For any development more than 25 units, 30% must be affordable (b) Inclusion of one (1) or more affordable units in a development of less than 10 total units. Page 309 of 346 ARTICLE 18 AFFORDABLE HOUSING STANDARDS South Burlington Land Development Regulations E. Additional Compliance Options. (1) Hardship or Physical Limitation. If necessary to address documented financial hardships or physical site constraints that limit or preclude the incorporation of inclusionary units within a covered development, a developer may elect Dedication and/or Off-Site Construction at his or her discretion. A payment or contribution in lieu of constructing required inclusionary units shall be prohibited. (a) Documentation. Financial hardship must be based on documentation from a financial institution denying adequate financing. (b) Dedication. The South Burlington City Council, in consultation with South Burlington Affordable Housing Committee, may accept as an alternative to the development of inclusionary units, a dedication by the developer of equal or greater value, including land and expected inclusionary unit value, that furthers the purposes of this section. (c) Off-Site Construction. Within two years of the date of the decision approving the covered development, the developer of the covered development must construct (or contract with another entity to construct) the required number of inclusionary units on another parcel within the same contiguous zoning district as the covered development. This condition shall not be considered satisfied until certificates of occupancy have been issued for all off-site inclusionary units. (2) Three or More Bedrooms. A developer who constructs inclusionary units having three or more bedrooms shall receive additional credit as follows. (a) Every two (2) three-bedroom inclusionary units constructed shall be credited for three inclusionary units for purposes of meeting the requirements of Article 18. (b) Every two (2) four-bedroom inclusionary units constructed shall be credited for four inclusionary units for purposes of meeting the requirements of Article 18. (c) These weighted credits apply to both rental and ownership units. F. Affordability Requirements. The basis for determining maximum rental and purchase prices for inclusionary units and applicant rental or purchaser household eligibility for accessing inclusionary units under this section are described below. The data used to determine the incomes, rents and purchase prices is updated annually by U.S. Department of Housing and Urban Development (HUD). The Vermont specific data is updated annually on the Vermont Housing Data website, managed by the Vermont Housing Finance Agency, in a table titled “Maximum rent and purchase price affordability thresholds by income and household size”. Refer to this table in administration of this section. (1) Maximum Rent and Purchase Prices. (a) For Inclusionary Rental Units, the maximum monthly rent that may be charged is one-twelfth of the total annual cost of renting an Affordable Housing unit as defined in these Regulations. When any component of the rental housing costs is excluded, the maximum rent that may be charged is reduced accordingly. (b) For Inclusionary Ownership Units, the maximum monthly housing cost that the owner(s) may be required to pay is one-twelfth the total annual cost of ownership of an Affordable Housing unit as defined in these Regulations. Page 310 of 346 HOUSING STANDARDS ARTICLE 18 South Burlington Land Development Regulations (c) Number of bedrooms. Rental and purchase prices of inclusionary units are not linked to the size of the household that rents or purchases the inclusionary unit. Number of bedrooms is used to define a household size linked to the specific unit. The use of “number of bedrooms” for this purpose is explained under the Vermont Housing Data website’s annual maximum rent and purchase price tables entitled “Maximum rent and purchase price affordability thresholds by income and household size”. (2) Renter and Home-buyer Income Eligibility. Income eligibility for an applicant household is determined based on three components: Household Size, Household Income and Annual Median Income (AMI) targets for Inclusionary Units. The AMI amounts for applicants seeking to rent or purchase an Inclusionary Unit shall be determined using the most recent HUD-published income guidelines available at the time the unit is available for occupancy. (a) For renters, households, regardless of household size, are eligible for inclusionary rental units so long as their combined household income does not exceed 80% AMI at time of execution of initial rental agreement or lease. (b) For home-buyers, households, regardless of household size, are eligible for inclusionary ownership units so long as their combined household income does not exceed 100% AMI at time of purchase. (3) Flexibility between maximum rent and purchase prices and eligible households. (a) An eligible household may rent or purchase an Inclusionary Unit with a rent or purchase price set by household size that differs from the eligible household’s actual size. (b) An eligible household may rent or purchase an Inclusionary Unit with an AMI target that is higher than the eligible Household’s AMI percentage. (c) Eligible renter or purchaser households may rent or purchase an Inclusionary Unit for which the housing costs exceed 30% of the eligible Household’s income. (4) Alternative Eligibility Criteria. When an affordable housing organization is a partner in a covered development, eligibility may be determined in accordance with program-based eligibility requirements established by the partner housing organization. (5) Continued Affordability. An inclusionary unit shall remain affordable in perpetuity commencing from the date of initial occupancy, through a deed restriction, restrictive covenant, or through purchase by or a contractual agreement with a local, state, or federal housing authority, or nonprofit housing agency, to be reviewed by the City Attorney and approved by the City Manager, or their designees, prior to recording in the City of South Burlington Land Records. Any deed restriction, covenant or other instrument or agreement ensuring the continued affordability of inclusionary units shall include: (a) Resale Restrictions. Provision(s) to ensure the affordability of units offered for sale shall include a formula for the resale price to the greater of the purchase price the seller paid plus 2% for each year of ownership (non-compounding) or what is affordable to a household at 80% AMI at the time of resale. (i) The City must be granted the option to purchase or transfer its option to purchase Inclusionary Ownership Units at each future time of resale. (ii) Any covenant shall have language to ensure the continuing affordability of a unit if the Inclusionary Ownershp unit(s) or property will be offered for rental. (iii) The seller or his/her representative shall notify the City Manager or his/her designee of the prospective sale of an Inclusionary Ownership Unit; Page 311 of 346 ARTICLE 18 AFFORDABLE HOUSING STANDARDS South Burlington Land Development Regulations (iv) The City Manager or his/her designee, in consultation with the members of the Housing Trust Fund Committee, shall then have thirty (30) days to exercise the option and purchase the Inclusionary Ownership Unit from the seller at a price consistent with the requirements of this subsection unless the City Manager or his/her designee waives the option by declaring in writing an intent not to exercise the option, or transfers the option as described in [reference][ of this Article; (v) If the City Manager or his/her designee, in consultation with the members of the Housing Trust Fund Committee, fails to exercise its option by failing to negotiate and sign a purchase and sale agreement for purchase of the Inclusionary Ownership Unit, or fails to declare an intent not to exercise its option, the seller shall offer the Inclusionary Ownership Unit for purchase to income- eligible households in accordance with the requirements of subsection 18.01(D)(5)(a) (Affordability Requirements). (vi) On or before the execution of a purchase and sale agreement between the seller and the City, the City Council may assign the City’s option to purchase the Inclusionary Ownership Unit to a 501(c)(3) organization with a primary purpose of supplying affordable housing in perpetuity. Upon the decision to transfer the option, the City Manager or his/her designee shall notify the seller of such assignment. The organization to which the City has assigned the option shall deal directly with the seller and shall have all of the authority of the City Council, as provided under this subsection. (b) Rent Changes. Annual rent changes must not exceed the percentage change in the median household income within the Burlington-South Burlington MSA, when the change is an increase; and annual rent changes must match the percentage change in the median household income within the Burlington-South Burlington MSA, when the changes is a decrease. This limitation on rent change must be included in legal documents required by this Section and in any lease or rental agreement for the property. An exception to the limit on increases or required decreases is permitted to the extent that further increases or delayed decreases, are made necessary by documented hardship or other unusual conditions. Such exceptions may not take effect until approved in writing by the City Manager or his/her designee; (c) Sublet Restrictions. Provisions for inclusionary rental units shall prohibit the subletting of units at rental rates and/or to households that exceed affordability limits established pursuant to this section. (6) Annual Reporting Requirement. The owner of a property that includes inclusionary rental units shall prepare and submit a report to the City Manager that lists the gross rents charged for inclusionary units and household incomes at move-in based on documentation provided by tenant for owner’s completion of form provided by the City, to certify that Inclusionary Rental Unit rent maximums and household income maximums have been maintained as required. G. Administration and Compliance. (1) Application Requirements. In addition to other submission requirements applicable to proposed projects specified within this bylaw, applications to which this Subsection applies shall also include the following information: (a) A site or subdivision plan that identifies the number, locations, types, and sizes of inclusionary units; (b) Documentation supporting the allocation of inclusionary and market rate units, including inclusionary unit calculations; Page 312 of 346 HOUSING STANDARDS ARTICLE 18 South Burlington Land Development Regulations (c) A description of each unit’s type, floor area, number of bedrooms, estimated housing costs, and other data necessary to determine unit affordability; (d) A list of proposed options, if any, to be incorporated in the plan, as provided for under Subsection (E) (Additional Compliance Options) of this Article; (e) Documentation regarding household income eligibility; (f) Information regarding the long-term management of inclusionary units, including the responsible party or parties, as required to ensure continued affordability; (g) Draft legal documents required under this section to ensure continued affordability; (h) Construction timeline for both inclusionary and market rate units; and (i) Other information as requested by the Administrative Officer to determine project compliance with inclusionary zoning requirements. (2) Ongoing Compliance. The City of South Burlington Housing Authority, if any; or City Manager or his/her designee or another municipal entity; or a bona fide qualified non-profit organization, as determined by the South Burlington City Council, shall be responsible for the on-going administration of the inclusionary units as well as for the promulgation of such rules, regulations, and/or procedures as may be necessary to implement this program. The Housing Authority, or City Manager or his/her designee, or other municipal entity, or non-profit organization shall define and implement eligibility priorities, continuing eligibility standards and enforcement, and rental and sales procedures. H. Maximum Bonus Achievable with Inclusionary Zoning and Transferable Development Rights. Maximum stories, building coverage, and lot coverage in Table 19-1 can be achieved through receipt of TDRs, use of Inclusionary Zoning, or a combination of TDRs and Inclusionary Zoning. 18.02 [Reserved] 18.03 Housing Preservation A. Purpose. The intent of this Section is to achieve one or more of these goals: (1) To promote the health, safety and general welfare of the community by preserving existing housing stock in residential neighborhoods, particularly the supply of affordable and moderately-priced homes through the use of housing retention requirements as referenced in South Burlington’s 2016 Comprehensive Plan; (2) To reduce and mitigate the demolition and conversion to nonresidential use or nonuse of residential structures, and to maintain housing that meets the needs of all economic groups within the City particularly for those of low- and moderate-income; (3) To meet the specific mandates of 24 V.S.A. Section 4302(11) related to housing opportunities for safe and affordable housing for all Vermonters and to meet the needs of the diverse social and income groups in each Vermont community; (4) To support the retention of housing units in the City; (5) To promote the health safety and welfare of the community by preserving the residential character of neighborhoods; and, Page 313 of 346 ARTICLE 18 AFFORDABLE HOUSING STANDARDS South Burlington Land Development Regulations (6) To offset the loss of housing by requiring replacement of housing units with new construction, conversion of nonresidential to residential use or a contribution to the City of South Burlington Housing Trust Fund. B. Applicability. This Section 18.03 of these Regulations is applicable to the loss, demolition, or conversion to a nonresidential use of any dwelling unit in the City, except as otherwise provided in subsection C (Exemptions). This includes, but is not limited to, the following: (1) any dwelling unit demolished, removed, or declared unfit for habitation pursuant to any order, decision, or other action of the City or State caused by unreasonable neglect or deferred maintenance of an existing or prior owner(s); (2) any dwelling unit demolished or removed pursuant to any municipal, State or Federal program, including any air traffic or airport noise mitigation and compatibility program; and/or, (3) the loss, demolition or conversion to nonresidential use of any other form of permanent housing, including, but not limited to, housing units contained within a housing facility that is permitted as a congregate care facility, except group homes, residential care facilities, or skilled nursing facilities as defined in these Regulations. C. Exemptions. This Section shall not be applicable to: (1) The redevelopment of a dwelling unit or any other form of permanent housing including, but not limited to, housing units contained within a permitted congregate care facility within a two (2) year period of demolition of an existing dwelling unit. Any applicant utilizing this exemption must obtain a Certificate of Occupancy within two (2) years of the date of issuance of the demolition permit demonstrating redevelopment of the dwelling unit and restoration of the residential use on the same parcel. (2) Any dwelling unit ordered demolished or declared unfit for habitation because of damage caused by civil commotion, malicious mischief, vandalism, natural disaster, fire, flood or other causes beyond the owner’s control. (3) Dwelling units existing in the following zoning districts: City Center Form Based Code, Industrial – Open Space, Mixed Industrial & Commercial, Swift Street, Institutional-Agricultural, Parks & Recreation, Municipal, Commercial 1-AIR, Airport, and Airport-Industrial. (4) The conversion of a duplex to a single-family home. (5) As of the initial effective date of this Section, any dwelling units: (a) For which the Burlington International Airport / City of Burlington has obtained Federal Aviation Administration (FAA) Airport Improvement Program (AIP) grant funding approval for the acquisition, demolition or removal pursuant to the FAA’s Part 150 Noise Compatibility Program. This includes the dwelling units identified in FAA AIP grant numbers, AIP-94, AIP-105, and AIP-109 whether or not these dwelling units have been purchased or removed as of January 1, 2018. (b) Indicated on the 2009 Burlington International Airport Part 150 Noise Inventory and Re-Use Plan “Proposed Property Acquisition Program” map, Figure 4: Detailed Acquisition Plan, dated April 23, 2009. See Appendix H for a complete listing of properties by address. (6) The removal of accessory dwelling units. Page 314 of 346 HOUSING STANDARDS ARTICLE 18 South Burlington Land Development Regulations (7) Conversion of a dwelling unit to a licensed, non-residential childcare facility. Any approval for such a conversion, however, shall be accompanied by the following: (a) A calculation of the amount of the Contribution to the Housing Trust Fund, as specified in Section 18.03E(3), that would otherwise have applied; and, (b) A condition that any subsequent conversion to another non-residential use will require compliance with the housing replacement requirements of Section 18.03E. If the applicant at that time selects the Contribution option specified in Section 18.03E(3), the contribution amount shall be that calculated pursuant to this subsection 18.07C(7)(a). D. Approval. Notwithstanding any other provision of these Regulations and unless otherwise exempt under sub-section C of this Section, no dwelling unit shall be removed, demolished, or converted to a nonresidential use or nonuse, without receipt of a zoning permit in accordance with this Section. The applicant shall submit as part of a zoning permit application under this Section: (1) A statement certifying the number of dwelling units to be demolished or converted to nonresidential use and the number of bedrooms in each of unit; (2) A demonstration of compliance with tenant or occupant notice and relocation provisions of applicable state and federal law; and (3) A demonstration of compliance with sub-section E, F and G (if applicable) of this Section. E. Housing Replacement Requirement. Approval of a zoning permit issued subject to subsection D requires replacement of each dwelling unit to be removed, demolished, or converted to nonresidential use or nonuse. Any dwelling unit approved under Section 18.01 or 18.02 shall not qualify as a replacement dwelling unit. This replacement requirement may be satisfied in one of the following ways: (1) Construction of a new dwelling unit (subsection F); (2) Conversion of a non-residential building to residential use in accordance with subsection F; or, (3) Contribution to the Housing Trust Fund. (a) Payment to the City of South Burlington’s Housing Trust Fund for each dwelling unit that is removed, demolished, or converted to nonresidential uses or nonuse in an amount equal to twenty-five percent (25%) of the higher of (1) the most recent assed valuation the premises as modified by the CLA (Common Level of Appraisal) or (2) the most recent sales price of the premises. F. Replacement Dwelling Unit Requirement. All replacement dwelling units built pursuant to this Section must meet the following requirements. Each replacement dwelling unit: (1) Shall have at least the same number of bedrooms as the dwelling unit being replaced; (2) Shall be located within the City of South Burlington; (3) Must receive a Certificate of Occupancy within eighteen (18) months of the approval date of the zoning permit referenced in subsection D; (4) If rental, must be maintained either as a Group Home or as a leased “Affordable Housing” unit, as defined in Article 2. Page 315 of 346 ARTICLE 18 AFFORDABLE HOUSING STANDARDS South Burlington Land Development Regulations (5) If non-rental, must be offered for sale either: (a) At or below the fair market value of the dwelling unit that was removed, demolished, or converted to nonresidential use or nonuse, as determined either (i) by an appraisal provided by the applicant, or (ii) by the City’s latest assessed value of the premises including the dwelling unit that was removed, demolished, or converted to nonresidential use or to nonuse; or (b) As an “Affordable Housing” unit, as defined in Article 2, to prospective purchaser/occupants who are income eligible at the time they purchase the unit. G. Performance Guaranty/Letter of Credit. When an applicant proposes to construct a new replacement dwelling unit or convert a non-residential building to a replacement residential unit, the applicant must post a performance guaranty in the form of a letter of credit, or other security acceptable to the City Attorney, in the amount equivalent to the amount the applicant would have been required to contribute to the City of South Burlington’s Housing Trust Fund if the applicant had chosen that option pursuant to subsection E(3). Such a performance guaranty shall be valid for no more than two (2) years, after which the full amount due shall be provided to the City of South Burlington’s Housing Trust Fund if a replacement dwelling unit satisfying this Section has not been granted a Certificate of Occupancy as a dwelling unit. H. Administration. The City of South Burlington Housing Authority, if any, or a bona fide qualified non-profit organization approved by the City of South Burlington shall be responsible for the on-going administration of this section as well as for the promulgation of such rules and regulations as may be necessary to implement this section. The Housing Authority or non-profit organization will determine and implement eligibility priorities, continuing eligibility standards and enforcement, and rental and sales procedures. I. Violations. In the event of a violation of this Section, an enforcement action in accordance with Article 17 shall commence and the requirements of this Section shall apply in addition to any other remedies available to the City by law. Page 316 of 346 ARTICLE 19 TRANSFERABLE DEVELOPMENT RIGHTS South Burlington Land Development Regulations 19 TRANSFERABLE DEVELOPMENT RIGHTS 19.01 Authority & Purpose 19.02 Severance of Transferable Development Rights 19.03 Receipt of Transferable Development Rights 19.04 Determination of Transferable Development Rights 19.01 Authority & Purpose A. Authority. The City of South Burlington has the authority under 24 V.S.A. § 4423 to establish bylaws governing the Transfer of Development Rights (“TDRs”). TDRs are hereby authorized in order to encourage the conservation of open space, natural resources, scenic views and agricultural lands, and to direct development to priority areas within the City as indicated in Table 19-1. B. Purpose. The purpose of this section is to regulate the use of TDRs to encourage preservation of open space. Specifically, it is the intention of this section to regulate the transfer of development rights from areas where land conservation is a priority to priority areas for development within the City. 19.02 Severance of Transferable Development Rights A. Sending Area and Sending Properties. (1) Sending Area. Lands within the NRP District are designated as the Sending Area. (a) Hazards under Article 12 of these Regulations are not considered Sending Areas and are omitted from calculation of TDRs B. Assigned Density and Severing Rights. (1) For the purposes of Transferable Development Rights, lands in the Sending Area have one (1) TDR per 0.83 acres, less any areas defined as Hazards under these Regulations. (2) TDRs must be severed as whole numbers. Less than one TDR cannot be severed, therefore a minimum of development rights from 0.83 acres can be severed from a sending property. (3) Severance of development rights from each 0.83 acres will equal one (1) TDR for receipt on a receiving property. C. Process for Severing Development Rights. (1) Severance of development rights occurs when the owner of the sending property executes a deed of severance of development rights. (2) Deeds of severance of TDRs must include the written determination by the Administrative Officer indicating the number of development rights being severed and the number of development rights remaining on the property. (3) The deed of severance of TDRs must be recorded in the City of South Burlington Land Records. Page 317 of 346 TRANSFERABLE DEVELOPMENT RIGHTS ARTICLE 19 South Burlington Land Development Regulations (4) The deed of severance of TDRs shall be in a form that is approved by the City Attorney and must recite that it is a conveyance under 24 V.S.A. § 4423 and recites the number of acres affected, as required by 24 V.S.A. § 4423(b)(3). (5) Severance of development rights must include a perpetual density reduction easement granted to the City of South Burlington under 10 V.S.A. §§ 6301 et seq. (a) The density reduction easement must be recorded in the City of South Burlington Land Records. (b) The density reduction easement shall limit the possible uses of the affected area of the sending parcel to agriculture, forestry, natural area, and outdoor non-motorized recreation. 19.03 Receipt of Transferable Development Rights A. Receiving Areas and Receiving Properties. (1) Receiving Areas. Lands within the following areas are designated as Receiving Areas: (a) All districts listed in Table 19-1. B. Receiving Development Rights. (1) All properties within a receiving area are eligible to receive TDRs, up to the limits in Table 19-1. (2) TDRs must be received as whole numbers. (3) TDR value on a receiving property is defined by Table 19-2. (4) TDRs can be used for any combination of bonuses as allowed by the zoning district in Table 19-2 on a single property up to the limits in Table 19-1. C. Process for Receiving Development Rights. (1) Receipt of transferable development rights occurs when the owner of a receiving property executes a deed of receipt, which shall include or reference a deed from the owner of TDR conveying said TDR to the owner of the receiving property, attaching the development right(s) to the receiving property. (2) The DRB shall have discretion to determine when an applicant must receive development rights on a property to enable approval of an application. (3) A deed of receipt must be recorded in the City of South Burlington Land Records, including the number of TDRs applied to the property. (4) The deed of receipt shall be in a form that is approved by the City Attorney and must recite that it is a conveyance under 24 V.S.A. § 4423. (5) Nothing in this Article precludes combination of a deed of severance of TDR and a deed of receipt. (6) Any transfer of development rights to a receiving property pursuant to this Article only authorizes the uses selected from Table 19-1 up to the limits in the same table. It does not alter any other regulations applicable to the receiving property. D. Maximum Stories, Building Coverage, and Lot Coverage Achievable Through Transferable Development Rights and Inclusionary Zoning. (1) Maximum stories, building coverage, and lot coverage in Table 19-1 can be achieved through receipt of TDRs, use of Inclusionary Zoning, or a combination of TDRs and Inclusionary Zoning. Page 318 of 346 ARTICLE 19 TRANSFERABLE DEVELOPMENT RIGHTS South Burlington Land Development Regulations (2) Total density through use of TDRs and Inclusionary Zoning cannot exceed the limits in Table 19-1. Table 19-1: Maximum Density Increases with TDRs and Inclusionary Zoning Zoning District(s) Max. Allowable Building Coverage Max. Allowable Lot Coverage Max. Allowable Stories Higher-Scale Mixed Use (HSMU), C1-Auto, C1-LR, C-2 20 percentage points above existing maximum 10 percentage points above existing maximum 7 stories I-O, Mixed I-C, C1-Air 10 percentage points above existing maximum 10 percentage points above existing maximum 4 stories Table 19-2: Bonuses per TDR Received Zoning District(s) Increase in Square Feet of Lot coverage square feet or Building floor area per TDR Higher-Scale Mixed Use (HSMU), C1-Auto, C1-LR, C-2 2,000 SF x 1 story I-O, Mixed I-C, C1-Air 2,000 SF x 1 story 19.04 Determination of Transferable Development Rights A. Recording System. The City shall establish and maintain a system for recording and monitoring the severance, ownership and receipt of transferable development rights. B. Administrative Authority. The Administrative Officer has authority to determine the transferable development rights available. C. Application Requirements. An application for a determination of the transferable development rights available to be severed from a sending property must include: (1) Completed application form(s). (2) A tax map, plat, or site plan showing the boundaries of each lot, tract or parcel from which development rights are sought to be severed. (3) Hazards delineation or affirmation pursuant to Article 12. (4) Determination of the existing zoning of the property. (5) A copy of the deed for the sending property. (6) A calculation of the estimated number of development rights available to be severed from the property and the number of those development rights proposed to be severed. (7) All applicable fees. D. Calculation of Development Rights. Development rights shall be calculated to the nearest whole number. Where the application of this formula results in a fractional dwelling unit, that fractional dwelling unit shall be rounded to the nearest whole number (fractions that are greater than n.00 but less than n.50 are rounded down; fractions that are greater than or equal to n.50 but less than n+1.00 are rounded up). Page 319 of 346 APPENDIX C USES AND DIMENSIONAL STANDARDS APPENDIX A PERFORMANCE STANDARDS A.1 Fire and Explosion Hazards A.2 Vibration A.3 Noise A.4 Air Pollution A.5 Odors A.6 Electromagnetic Radiation A.7 Radioactive Radiation A.8 Heat A.9 Direct Glare A.10 Indirect Glare A.11 Liquid and Solid Wastes A.12 Other Requirements A.1 Fire and Explosion Hazards (a) All activities involving storage of flammable and explosive materials shall be provided with adequate safety and fire-fighting devices in accordance with all applicable state and local laws and regulations. (b) Burning of waste materials in open fires is prohibited. A.2 Vibration (a) No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instrument at or beyond the lot lines, nor shall any vibration produced exceed 0.002g peak at up to 60 cps frequency, measured at or beyond the lot lines using either seismic or electronic vibration measuring equipment. (b) Vibrations occurring at higher than 50 cps frequency or random vibrations shall not induce accelerations exceeding .001g. Single impulse random vibrations occurring at an average interval greater than 5 minutes shall not induce accelerations exceeding .01g. 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 operation of any automobile or motorcycle in such a manner as to create squealing, or squealing of tires, or loud and unnecessary grating, grinding, exploding-type, rattling, or other noises. (ii) Loud speakers, amplifiers for advertising. The using, operating 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 advertising or attracting the attention 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 creation, by means of any other signaling device, Page 320 of 346 South Burlington Land Development Regulations of any unreasonable loud or harsh sound; and the sounding of any such device for unnecessary and/or unreasonable periods of time. (iv) Radios, phonographs, etc. The using, operating 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 time 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 combustion engine, motor boat, or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. (vi) Noise in General. Any noise which is deemed objectionable because of volume, frequency or beat and is not muffled or otherwise controlled. (b) Specific Standards. (i) The creation of, permitting or operation 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 fifty feet (50’) from the building, structure or vehicle from which noise emanates shall be prima facie evidence of a nuisance and a violation of these Regulations. (ii) It shall be a violation of these Regulations for any property owner to create or allow the creation 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 residential 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 time (e.g. one hour) found by the general rule of combination of sound levels. Also called “equivalent sound level.” (c) Exemptions. (i) Speakers, sound trucks, amplifiers, etc. used for commercial purposes as advertising for which a proper permit has been issued are specifically exempt from the provisions of these Regulations. (ii) Emergency vehicles operated by fire, rescue and police agencies are specifically exempt from the provisions of these Regulations. (iii) Temporary actions benefiting the public, including but not limited to roadway construction, sewer and water line construction, and special public events, are specifically exempt from the provisions of these Regulations upon approval of such an exemption by the City Manager. Page 321 of 346 APPENDIX C USES AND DIMENSIONAL STANDARDS (d) Sound Measurement Standards. Sound shall be measured in accordance with the standards specified by the American National Standards Institute. A.4 Air Pollution (a) Visible Emissions. There shall not be discharged into the atmosphere from any source at any time any air pollutant in excess of specified darkness standards (No. 1 on the Ringlemann Chart, except under specified conditions contained within air pollution standards). This shall include emissions of air pollutants of such capacity as to obscure an observer’s view to a degree equal to or greater than the above visible emission standard. Visible emission of any kind at ground level past the lot line of the property on which the source of the emissions is located are prohibited. (b) Pollutants. All discharge or emission of potentially dangerous or offensive elements into the air shall be subject to the requirements of all applicable local, state, and federal regulations. A.5 Odors (a) No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detected or as to interfere unreasonably with the comfort of the public. (b) Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail. (c) Table III, Odor Thresholds in Chapter 5 of the Air Pollution Abatement Manual, copyright 1951 by the Manufacturing Chemists’ Association, Inc. or its equivalent shall serve as a guide to determining such quantities of offensive odors. A.6 Electromagnetic Radiation (a) It shall be unlawful to operate, or cause to be operated, a planned or intentional source of electromagnetic radiation except in compliance with the applicable regulations of the Federal Communications Commission or the Inter-department Radio Advisory Committee regarding such sources of electromagnetic radiation. Said operation shall be unlawful if such radiation causes an abnormal degradation in performance of other electromagnetic radiators or electromagnetic receptors of quality and design because of proximity, primary field, blanketing, spurious re-radiation, harmonic content, modulation or energy conducted by power or telephone lines. (b) The determination of “abnormal degradation in performance” and “of quality and property design” shall be made in accordance with good engineering practices as defined in the most current principles and standards of the Institute of Electrical and Electronic Engineers. A.7 Radioactive Radiation (a) No activities shall be permitted which emit dangerous radioactivity at any point beyond the property line. (b) The handling of radioactive materials, the discharge of such materials into air and water, and the disposal of radioactive materials shall be in conformance with all applicable state and federal regulations. A.8 Heat (a) For the purposes of these Regulations, heat is defined as thermal energy of a radioactive, conductive, or convective nature. Page 322 of 346 South Burlington Land Development Regulations (b) Heat emitted at any or all points shall not at any time cause a temperature increase on any adjacent property, whether such change be in the air or the ground, in a natural stream or lake, or in any structure on such adjacent property. A.9 Direct Glare (a) Direct glare is defined for the purposes of these Regulations as illumination within property lines caused by direct or spectrally reflected rays from incandescent, fluorescent, or arc lighting, or from such high temperature processes as welding or petroleum or metallurgical refining. (b) No such direct glare shall be permitted, except that parking areas and walkways may be illuminated by luminaries so hooded or shielded that the angle of maximum candlepower shall be sixty degrees (60o) drawn perpendicular to the ground. Such luminaries shall be placed not more than thirty feet (30’) above ground level and the maximum illumination at ground level shall not be in excess of an average of three (3) foot candles. A.10 Indirect Glare (a) Indirect glare is defined for the purposes of these Regulations as illumination beyond property lines caused by diffuse reflection from a surface such as a wall or roof of a structure. (b) Indirect glare produced by illumination at ground level shall not exceed 0.3 foot candles maximum, and 0.1 foot candles average. (c) Deliberately induced sky-reflected glare, as by casting a beam upward for advertising purposes, is specifically prohibited. A.11 Liquid and Solid Wastes No discharge or emission of any potentially dangerous or offensive elements shall be permitted at any point into any sewage disposal system, water supply system, watercourse, or lake, or into the ground or air, except in accord with all applicable local, state and federal regulations. A.12 Other Requirements Where the requirements of these performance standards may be replaced by newer standards or may conflict with other local, state or federal statutes or regulations, the stricter standards shall apply. Page 323 of 346 APPENDIX B USES AND DIMENSIONAL STANDARDS APPENDIX B: TRAFFIC GENERATION DATA and CALCULATION PROCEDURES The City of South Burlington uses the ITE TRIP GENERATION manual (the 11th Edition of 2021 and subsequent editions) to calculate the traffic generation of a proposed use. The ITE manual shall be the default source of data for calculating traffic generation except in certain circumstances described below. Choice of Independent Variable. The independent variable is the characteristic of the proposed project that is used to estimate the project’s traffic generation. For many uses the ITE manual gives a choice of independent variables that can be used. For instance, for office buildings one can use the gross building floor area or the number of employees as an independent variable. For the purposes of these land development regulations it is recommended that a primary measurement be used as the independent variable, not a derived measurement. For instance, for office buildings the floor area is a primary measurement, whereas the number of employees is generally an estimate based on the floor area. The independent variable should be easily verifiable and should be related to the land use type, not to the characteristics of the tenant/operator. The independent variable that relates to the size of the use and that is the best trip generation predictor for the PM Peak Hour of the Adjacent Street Traffic, One Hour between 4 PM and 6 PM, has to be used. See the ITE Trip Generation Handbook, an ITE Recommended Practice, September 2021, for more explanations and guidance. Use of Regression Equations or Average Rates. The ITE TRIP GENERATION manual gives weighted average trip generation rates for each use compiled in the manual. The use of average rates implies a linear relationship between the size of the use and traffic generation, i.e. traffic generation changes in direct proportion to its size. For some uses ITE also provides a regression equation that represents a non-linear curve that best fits the data. The use of the regression equation takes into consideration the fact that traffic generation is not always in direct proportion to the size of the use. The use of the regression equation is recommended when: a) a regression equation is provided, b) the independent variable is within the range of data given by ITE, and c) either, the data plot has at least 20 points (studies), or the coefficient of determination (R²) is greater or equal to 0.75, and the standard deviation is greater than 110% of the weighted average rate. The use of weighted average rates is recommended when: a) there are at least 4 data points (studies), b) the independent variable is within the range of data given by ITE, c) the standard deviation is less or equal to 110% of the weighted average rate, and d) R²<0.75 or no equation is provided. Small Commercial Uses. Commercial uses not exceeding 5,000 square feet total within a single building shall be calculated at a rate of 3.48 trips per 1,000 square feet. For the purposes of this section, a small commercial use shall be those found in Land Use Code 822, Strip Retail Plaza. City Center Commercial Uses. Uses occurring the non-residential portion of the mixed-use buildings located within the T5 Transect Zone and/or along those sections of Market Street located in the T4 Transect Zone, without addition to the square footage, shall be calculated to have a PM Peak Hour Trip Generation Rate of 3.48 trips per 1,000 square feet, inclusive of pass-by, diverted, and internal-capture trips. An applicant for either the Small Commercial or the City Center Commercial Use(s) may at their sole discretion and expense conduct a custom traffic study as an alternative to the 3.48 PM Peak Hour Trip Generation Rate. When Custom Traffic Generation Studies are Required or Authorized. ITE Trip Generation rates and in the case of City Center & Small Commercial Uses, the rate established in this Appendix, are the baseline for these regulations because they are considered to be an appropriate Page 324 of 346 measurement of the traffic impacts of a particular use category. There are, however, situations when other traffic generation sources may be used or required. Other sources may include professionally conducted traffic generation studies not included in the ITE TRIP GENERATION manual or custom trip generation studies conducted for the particular use. Custom Trip Generation Studies. Custom trip generation studies are required when: a) the particular land use is not covered by ITE; b) there are fewer than 4 data points (studies) in the ITE TRIP GENERATION manual; or c) the size of the use falls outside the range of the TRIP GENERATION data points. Four data points are suggested as a minimum for the purposes of this zoning code. If ITE provides only two data points, the Development Review Board may require traffic generation studies at two additional sites. An applicant may additionally prepare and submit a Custom Trip Generation Study at their sole expense. A custom Trip Generation Study shall be prepared by a licensed engineer and should collect trip generation data at a minimum of three local sites. Collecting data at five or more sites is preferable. Daily Traffic Variation. Typically traffic generation rates are for an average weekday, and are collected on a Tuesday through Thursday. If a use has a regular peak on Fridays (such as shopping centers) the Friday rate needs to be taken into consideration. The procedures given in the ITE manual and handbook should be followed. Traffic Generation of Multiple Uses on One Site (Internal Capture). Whenever more than one use or more than one commercial establishment is proposed on one site, there is the potential for some vehicle trips to remain internal within the site. The total net traffic generation for that site may therefore be less than the sum of the traffic generation volumes for each use or establishment. This is sometimes referred to as the shopping center effect: as shopping centers increase in size the traffic generation rate per 1000 square feet of floor area decreases. To take this effect into consideration it is recommended that the percentage of internal trips be estimated for each trip interchange between the different uses. Exhibit B1 shows a calculation example for a site with townhouses, with a health club and with an office building. The percentage of internal trips varies according to the market of that particular use. Some uses are more oriented to custom customers or users and may have a higher percentage of internal trips, whereas other uses may draw from a larger distance and would therefore have a lower percentage of internal trips. For example a health club tends to draw its customers from a smaller area than the employees in an office building. Therefore the percentage of internal trips would be higher for the home-to-health club trips, than for the home-to-office trips. Exhibit B1 shows the percentages of internal trips to range from 5% to 15% for the individual interchanges. This is a reasonable range for most situations, although there may be cases with higher percentages. The Trip Generation Handbook, An ITE Recommended Practice, September 2021 may be consulted for further guidance. The percentage of internal trips is applied to the lowest number of each trip interchange. For instance, for the interchange of trips from the town houses to the health club (in Exhibit B1) 54 trips exit from the town houses and 66 trips enter the health club. The 15% is applied to the lowest of the two numbers, 54 in this case. The resulting trip ends (8.1 in this case) are deducted from both inbound and outbound trips. The example in Exhibit B1 shows that the total gross traffic generation before credit for internal trips was 396 (164 plus 232) for the P.M. peak hour. This gross generation was then reduced by 58 vehicle trips (29 plus 29) to account for internal traffic, to yield a net generation of 338 trips (135 plus 203). This represents an overall reduction for internal trips of 14.65%. As the number of uses or establishments increases the overall percentage of internal trips will increase. Page 325 of 346 APPENDIX B USES AND DIMENSIONAL STANDARDS Calculation Example of Mixed-Use Traffic Generation Size ITE Category 1000 Sq. Ft. or Dwelling Unit In Out In Out 231 150 0.47 0.36 Rate 71 54 71 54 493 25.0 2.62 1.68 Rate 66 42 710 75.0 0.37 1.81 Equation 28 136 93 178 Subtotal 164 232 Minus Internal Trips Internal % Residential to Health Club 15%8.1 8.1 Residential to Office 5%1.4 1.4 Office to Health Club 10%6.6 6.6 Office to Residential 5%3.5 3.5 Health Club to Residential 15%6.3 6.3 Health Club to Office 10%2.8 2.8 Internal Trips 29 29 Net Subtotal 135 203 BFJ December 5, 2003 Note: The percentage of internal trips is applied to the lowest number of each trip interchange. For instance, for the interchange of trips from residential to healthclub 54 trips exit from the residential uses and 66 trips enter the healthclub use. The 15% is applied to the lowest of the two numbers, 54 in this case. The resulting trip ends are deducted from both inbound and outbound trips. The percentage of internal trips varies according to the types of uses, and ranges in most cases between 5 and 15%. PM Peak Hour PM Peak Hour Trips Low-Rise Equation or Average Rate ITE Rate Residential Non-Residential Residential Total Non-Residential Total Health Club General Office Exhibit B1 Page 326 of 346 Calculating the Benefits of Connecting to an Adjacent Parcel Size ITE Category 1000 Sq. Ft. or Dwelling Unit In Out In Out 493 25.0 2.62 1.68 Rate 66 42 710 75.0 0.37 1.81 Equation 28 136 93 178 Minus Trips Internal to Parcel A Internal % Office to Health Club 10%6.6 6.6 Health Club to Office 10%2.8 2.8 Parcel A Internal Trips 9 9 Parcel A Net Subtotal 84 168 231 150 0.47 0.36 Rate 71 54 71 54 Minus Trips between Parcel A and Parcel B % Between two Parcels Residential to Health Club 15%8.1 8.1 Residential to Office 5%1.4 1.4 Office to Residential 5%3.5 3.5 Health Club to Residential 15%6.3 6.3 Total Trips between Parcel A and Parcel B 19 19 BFJ December 5, 2003 Parcel B Subtotal Low-Rise Condo/Townhouse Equation or Average Rate ITE Rate Parcel B Parcel A Subject to Parcel A Gross Subtotal: Health Club General Office Exhibit B2 PM Peak Hour PM Peak Hour Trips Page 327 of 346 APPENDIX C USES AND DIMENSIONAL STANDARDS South Burlington Land Development Regulations APPENDIX C: USES AND DIMENSIONAL STANDARDS The tables on the following pages describe the allowable uses in each zoning district in the City, and the specific dimensional standards applicable to each. The tables are C-1, Table of Uses and C-2, Table of Dimensional Standards. TABLE C-2: DIMENSIONAL STANDARDS APPLICABLE IN ALL DISTRICTS Use Specific Dimensional Standard Additional dwellings for farm employees Standards for single family dwelling in same zoning district Bed and breakfast Standards for single family dwelling in same zoning district. Minimum lot size 1 acre, except SEQ-VC zoning district where there is no minimum lot size. Non-Residential Child Care Facility Minimum lot size 12,000 SF or minimum for two-family dwelling in same zoning district, whichever is greater. Other dimensional standards for two-family dwelling in same zoning district apply. Horticulture and forestry with on- premise retail sales Minimum lot size three (3) acres. Retail uses must be set back a minimum of twenty (20) feet from all property lines. Horticulture and forestry without on-premise retail sales No minimum standards Keeping of livestock Minimum lot size ten (10) acres Single family dwelling related to agriculture Standards for single family dwelling in the same zoning district. Page 328 of 346 South Burlington C-1 Uses RESIDENTIAL USES NRP LSN MSN QCP HSMU C1-LR C1-AIR C1-AUTO C-2 I-O Mixed I-C AIR I-A MUN PARK Single-unit Building P P P P P Duplex (2 units) P P P P P Divided Duplex (side by side) P P P P P Townhouses (3-4 units) P P P Small Multi-Unit Building (3-4 units) P P P P P P P P P Medium Multi-Unit Building (5-12 units) P P P P P P Large Multi-Unit Building (13 or more units)P P P P P Accessory residential units Group home or Residential Care Home P P P P P P P P P P C PUBLIC & QUASI-PUBLIC NRP LSN MSN QCP HSMU C1-LR C1-AIR C1-AUTO C-2 I-O Mixed I-C AIR I-A MUN PARK Cemeteries P P P P P P P P P P P P P P P Community center C P C P P P P P P Congregate care, assisted living, or continuum of care facility P-TO P P P P Cultural facility P P P P P (11) P Educational facility P P P P P P Educational support facilities P (5) P (5) P Funeral homes, mortuaries, and crematoriums C C C C C C C Group quarters P P (11) Municipal facility P P P P C C P C Parks P P P P P P P P P P P P P P P Place of worship P P P P P P P P P P (11) Recreation paths P P P P P P P P P P P P P P P Skilled nursing facility P P P P P P Social services C-TO C C C C C P COMMERCIAL NRP LSN MSN QCP HSMU C1-LR C1-AIR C1-AUTO C-2 I-O Mixed I-C AIR I-A MUN PARK Adult use Agriculture & construction equipment sales, service & rental P P Airport Uses P Animal shelter C P Artist production studio P P P P P P P P Auto & motorcycle sales P P P Auto & motorcycle service and repair, accessory use, no fueling pumps P P P Auto rental, with private accessory car wash & fueling P P P P Bank or Credit Union with drive-through P P P P Bed and breakfast, min. 1 acre lot C P P P Cannabis Dispensary P P P P P-TO Cannabis Cultivation P P Car wash P P Child care facility, licensed non-residential P (4) P P P P P P P P P P (12) P (12) Commercial greenhouse C-ACC P P P P Commercial kennel and pet day care P P P P P P Commercial or public parking facility C C C C C C C N P (11) C See ADU Regulations Page 329 of 346 South Burlington C-1 Uses Contractor or building trade facility P P P P Distribution and related storage, with >15% of GFA in office or other principal permitted use by same tenant P P P Equipment service, repair & rental P P Family child care home, registered or licensed P P P P P P P P Financial institution P P P P P ACC P Food Hub P (6) P (6) P (6) P (6) P (6) P (7) P (7) P (7) P (7) Golf course C Hotel P P P P P Hotel, extended stay P P P P Indoor theater P P P Indoor vehicle storage, max. 10,000 square ft P-ACC Junk yard Light manufacturing P P P P P Limited Neighborhood Commercial P P P P P P P P P Lumber and contractor’s yard P P P Mobile home, RV and boat sales, repair & service P P Motor freight terminal C P Office, general P-TO P P P P P P P P P (11) P (10) Office, medical P-TO P P P P P P-TO P-TO P (11) Personal instruction facility P P P P P P P P P Personal or business service P P P (7) P P P P (7) P N P(7)(10) Pet grooming P P P P P P Photocopy & printing shops with accessory retail P P P P P P-ACC P N P(11) Printing & binding production facilities P P P P Processing and storage P P P P Radio & television studio P P P P P Recreation facility, indoor P P P P P P P-ACC P N P(11) P P Recreation facility, outdoor C P C C C C C N P(11) P P Research facility or laboratory P P P P P P P-ACC P P (11) Restaurant, short order P P P P P P-ACC P-ACC P-ACC N P(11) Restaurant, standard P P P P P P-ACC P (11) Retail sales P P P (8) P P (9) P (7) P (8) P-ACC N P(11) Retail warehouse outlet P P Seasonal Mobile Food Unit P P P P P P Self-storage P Service station C Shopping center P Taverns, night clubs & private clubs P P P P P P Veterinary Hospital P P P P P Transportation services P P Warehousing & distribution P P P Waste transfer stations C Wholesale establishments P P P P ACC, P-Non-TO Page 330 of 346 South Burlington C-1 Uses Notes N = North subdistrict of Institutional-Agricultural (2) & (3) - reserved (4) Permitted within a structure exsiting and approved for use as an 'educational facility' as of July 1, 2013. The structure existing as of July 1, 2013, may be expanded, enlarged, or extended by an area that does not exceed 20% of its Gross Floor Area (5) Educational support facilities in C1 are subject to the dimensional standards of the IA-North District. See Article 7. (6) Use is limited to 3,000 SF GFA per tenant with a maximum 9,000 SF GFA total footprint for the building. Tenants shall have separate entries from one another and no direct passageways from one to another. (7) Use is limited to 5,000 SF GFA per tenant with a maximum 15,000 SF GFA total footprint for the building. Tenants shall have separate entries from one another and no direct passageways from one to another. (8) Use is limited to 15,000 SF GFA per tenant with a maximum 25,000 SF GFA total footprint for the building. Tenants shall have separate entries from one another and no direct passageways from one to another. (9) Use is limited to 30,000 SF GFA per tenant with a maximum 30,000 SF GFA total footprint for the building. Tenants shall have separate entries from one another and no direct passageways from one to another. (10) Use is restricted to not-for-profit organization whose primary purpose is the provision of educational or research services related to agriculture, horticulture, forestry, natural resource preservation, arts or recreation (11) Use is allowed only as an Educational Support Facility. See Section 7.01(E) (12) Allowable only as a municipally-operated facility. (13) Unless otherwise enabled or restricted, all uses within a Planned Unit Development are allowable under the same provisions as for the underlying district; Key and Notes to the Table above: P = Permitted PUD = Allowable within a Planned Unit Development TO = Allowable only in the Transit Overlay District C = Conditional Use ACC = Allowable as an accessory use Non-TO = Allowable only outside of the Transit Overlay District Page 331 of 346 TABLE C-2 DIMENSIONAL STANDARDS APPLICABLE IN ALL DISTRICTS (WITHOUT PLANNED UNIT DEVELOPMENT) District District Minimum Lot Size (SF) Building Coverage Lot Coverage Front(s) Side yard(s) Rear Accessory Principal (flat) Principal (pitched) Stories Facing Street Stories Below Roofline Roofline Stories [see 3.07(B)] Total Stories Max Stories Increase per Table 19-1†† Max Stories Increase per Table 19-1†† Single-Unit 5000 30% 50% 20 or AFS* 5 15*** 15 25 28 2 3 1 4 Duplex 5000 30% 50% 20 or AFS* 5 15*** 15 25 28 2 3 1 4 Divided Duplex 2500 per unit 30% 50% 20 or AFS* 0 or 5** 15*** 15 25 28 2 3 1 4 Townhouse (3-4 units)5000 30% 50% 20 or AFS* 0 or 5** 15*** 15 25 28 2 3 1 4 Small Multi-Unit (3-4 units)5000 40% 60% 20 10 15*** 15 25 28 2 3 1 4 1 12 Medium Multi-Unit (5- 12 units)9000 50% 70% 20 10 30 15 25 28 2 3 1 4 1 12 Large Multi-Unit (13+ units)n/a 50% 70% 20 10 30 15 - - - - - 5 2 - 7000 residential districts 15 35 40 - - - - - - 0 commercial districts 15 - - - - - 5 2 - IC ALL 40000 40% 70% 30 10 30 15 35 40 - - - - - 28 AIR ALL 3 acres 30% 50% 50 35 50 15 35 40 - - - - - 28 IO ALL 3 acres 30% 50% 50 35 50 15 35 40 - - - - - 28 IA-N ALL 10 acres 20% 40% 75 50 50 15 35 40 - - - - - 28 IA-S ALL 10 acres 10% 20% 75 50 50 15 35 40 - - - - - 28 PR ALL n/a 15% 25% 40 15 30 15 35 40 - - - - - 28 MU ALL n/a 30% 70% 40 15 30 15 35 40 - - - - - 28 City Center FBC District AFS = average front setback * = allowed to be the lesser of 20 feet or the AFS ** = 5 feet on non-attached side, 0 feet on attached side*** = 10 feet in Queen City Park (QCP) † = except in Traditional Neighborhood Development (TND) PUD †† = by use of inclusionary zoning and/or transferable development rights Please see Article 8, City Center FBC District Standard Setbacks (Feet) Maximum Building Height Residential and Commercial Districts† See Article 18 for Inclusionary Zoning bonuses All other uses (incl. mixed-use)50% 70% 20 10 30 Page 332 of 346 APPENDIX D LIGHTING South Burlington Land Development Regulations APPENDIX D LIGHTING Page 333 of 346 APPENDIX E SUBMISSION REQUIREMENTS All Districts Except City Center FBC City Center FBC District Site Plan Sketch Plan Master Plan Major Prelim Major Final Minor Final Subdiv Sketch Subdiv Final DRB Non- subdiv. Admin / Site Plan Submittal requirement PROJECT DESCRIPTION √ √ √ √ √ √ √ √ √ √Completed application form √ √ √ √ √ √ √ √ √ √ Digital copy of plans, with sheets saved as individual files and names to include sheet number and plan date. Plans must include name and address of engineer(s), architect(s), landscape architect(s) preparing plans, plan preparation date, and date and description of all revisions shown on all plan sheets √ √ √ √ √ √ √ √ √ √Name and address of the owner of record, applicant, and owners of record of abutting properties; √ √ √ √ √ √ √ √ √ √ Date, true north arrow and scale (numerical and graphic). The preferred scale shall be not more than one hundred (100) feet to the inch, or not more than sixty (60) feet to the inch where lots have less than one hundred (100) feet of frontage. √ √ √ √ √ √ √ √ √ √ Narrative accompanying the application to include the following: (a) description of the project; (b) demonstration of compliance with applicable review standards; (c) list of submission elements; and (d) list of any changes made to plans from previous submittals under the same application √ √ √ √ √ √ √ List of waivers the applicant desires from the requirements of these regulations and accompanying narrative describing the request(s), detailing the City's authority to grant the request(s) and describing why the waiver(s) should be granted, or statement that no waivers are requested. √ √ √ √Project phasing plan or statement that no phasing is requested. √ √ √ Estimated project construction schedule, construction phasing, and date of completion, and estimated cost of all site improvements. (note: for FBC subdivisions, only public infrastructure information required) √ √ √ √ √ √ √ √ √ √ Any other information or data that the Administrative Officer or Development Review Board shall require for a full assessment of the project pursuant to the Land Development Regulations √ √ √ √ √ √ √ √ √ √ Location map, showing relation of subject property to adjacent properties and surrounding area. √ √ √ √ √ √ √ √ √ √ Boundaries and area of existing subject property(ies), proposed property lines, continues properties, and lots within the proposed subdivision numbered. √ √ √ √ √ √ √ √ √ √ Boundaries of all zoning districts, transects, and overlay districts, and all designations on the City's Official Map, √ √ √ √ √ √ √ √ √ √ Location of existing restrictions on land, such as easements and covenants, including but not limited to access ways and utility easements. √ √ √ √ √ √ Location of planned restrictions on land, such as easements and covenants, including but not limited to access ways and utility easements. √ √ √ √ A complete survey of the subdivision, prepared by a licensed land surveyor, showing the location, bearing and length of every street line, lot line and boundary line √ √ √ Existing and proposed permanent reference monuments. Where applicable, this information shall be tied to reference points previously established by the City. √ √ √ Copies of proposed deeds, deed restrictions, covenants, agreements or other documents showing the manner in which open space, including park and recreational areas, and school site areas are to be dedicated, reserved and maintained. √ √ √ √In the case of a subdivision or development served by a privately owned and/or maintained street: A draft document suitable for recording regarding the number of lots or dwelling units to be served by the proposed right-of-way or private street stating the responsible party for roadway maintenance and a copy of all proposed deeds, agreements, or other documents which convey or relate to the use of a privately owned street or right-of- way. √ √ √ √ √ √ √ √ √ √Lot area in square feet and acres √ √ √ √ √ √ Location of existing structures on the site, and showing all site conditions to remain. SITE INFORMATION South Burlington Land Development Regulations Page 334 of 346 APPENDIX E SUBMISSION REQUIREMENTS All Districts Except City Center FBC City Center FBC District Site Plan Sketch Plan Master Plan Major Prelim Major Final Minor Final Subdiv Sketch Subdiv Final DRB Non- subdiv. Admin / Site Plan Submittal requirement √ √ √ √ √ √ √ √ √ √Existing contours at a maximum vertical interval of two (2) feet. √ √ √Proposed contours at a maximum vertical interval of two (2) feet. √ √Location, dimensions, and layout of any off-street parking or loading areas, traffic circulation areas, pedestrian walkways, and fire lanes. √ √ Point-by-point lighting plan and cut sheets for all proposed outdoor lighting within the site √ √ √ Preliminary grading and drainage plan √ √ √ √ √ √ Preliminary landscaping plan Profiles and cross sections of roads √ √ The location of any outdoor storage for equipment and materials if any √ √Location, type and design of all solid waste-related facilities, including dumpsters and recycling bins. √ √ √ √Preliminary civic and site amenity plan √ √ √ √ √ √ √ √ √ √Existing water courses & buffers, wetlands & buffers, base flood elevations if located in an area of special flood hazad √ √ √ √ √ √ √ √ √ √ Wooded areas, ledge outcrops, and other natural features √ √ √ √ √ √Boundaries and design of existing and proposed designated open spaces, including by propoer designation on plat all public spaces for which offers of cession are made by the applicant √ √ √ √A general concept of areas designated for landscaping. √ √ Detailed specifications and locations of planting, landscaping, screening, and/or buffering materials. √ √ A plan of existing vegetation, with the type, and size of existing trees of six inches or greater in caliper. √ √ Detailed landscaping plan, including vegetation to remain, types of new plant materials, identified by common name and botanical name, sizes of all new plant materials by height and/or diameter at time of planting and at maturity, quantities of each of the planting materials, and treatment of the ground surface (paving, seeding, or groundcover) for all plantings, screening, buffering, and stormwater infiltration. √ √ Detailed breakdown of landscaping cost by plant demonstrating compliance with minimum required landscpaing budget √ √ Landscaping Phasing Plan including list of plants and cost to be included in each phase √ √Detailed erosion control plan demonstrating compliance with these regulations and Department of Public Works Specifications, including protection of significant existing vegetation during and after construction and location of interceptor swales and sediment ponds √ √ √ √ √ √ √ √ Location of proposed structures √ √ Plans, elevations, floor plans, and sections of proposed structures. Plans shall be dimensioned to show height measured from average pre-construction grade. Plans shall also show any proposed division of buildings into units of separate occupancy. √ √Location, type, and dimensions of roads, access points, and other roadway elements √ √Location of loading docks √ √ Location and limits of outdoor storage areas √ √ Location and layout of sewage disposal areas √ Detailed elevations to demonstrate compliance with Building Envelope Standards and material requirements √ √Rooftop solar readiness zones and supporting computations √ √ As required under 24 V.S.A. § 4416(b), letter of intent from the Agency of Transportation confirming that the Agency has reviewed the proposed plan and is prepared to issue an access permit under 19 V.S.A. § 1111, and setting out any conditions that the Agency proposes to attach to the section 1111 permit. √ √ √ √ Plans and profiles showing proposed street pavements including stationing, proposed elevations along center lines of all streets including manholes, catch basins, and culverts √ √ √ √ The length of all straight lines, the deflection angles, radii, length of curves and central angles of all curves tangent distance and tangent bearings for each street. √ √ √ √ Roadway cross sections including curbs, gutters, and sidewalks South Burlington Land Development Regulations Page 335 of 346 APPENDIX E SUBMISSION REQUIREMENTS All Districts Except City Center FBC City Center FBC District Site Plan Sketch Plan Master Plan Major Prelim Major Final Minor Final Subdiv Sketch Subdiv Final DRB Non- subdiv. Admin / Site Plan Submittal requirement √ √ √ √ Plans showing the location, size and invert elevations of existing and planned sanitary sewers, storm water drains, and fire hydrants and location and size of water, gas, electricity and any other utilities or structures. √ √ √ Location of existing septic systems and wells. √ √ Existing and proposed water and wastewater usage √ √Location and design of pump stations √ √ Location and size of transformers and other aboveground utility infrastructure √ √Construction details of all required improvements. √ √ Analysis of traffic impacts, if located in the traffic overlay district and/or required by the DRB. √ √ Proposed stormwater management system, including (as applicable) supporting design data and copies of computations used as a basis for the design capacities and performance of stormwater management facilities. √ √Finished grades of retaining walls, steps, and ramps. √Master Plan: See Article 15.B Final PUD applications must provide both requirements of Site Plan and Major Final Subdivision review * note: the Land Development Regulations may contian additional submission requirements for specific requests and applications Required maps must be prepared to scale by a qualified professional (e.g. engineer, architect, landscape architect, or urban designer) using the most current data and South Burlington Land Development Regulations Page 336 of 346 Bicycle Parking Dimensions 24”  30”  30”1  39”2  24”  30”1 39”2  30”  30”  24”  30”  1 If measured between center points of u/hoop  2 If measured between outside edges of bracket  All distances listed as minimums.  30 30”  Page 337 of 346 1 If measured between center points of u/hoop  2 If measured between outside edges of bracket  Where more than one rack is to be placed perpendicular to the parking stall side lines, addiƟonal space is needed. This may come from:   Combining two exisƟng parking spaces  CreaƟng a dedicated parking space at least 11 feet wide  UƟlizing, for required access space only, the reserved space adjacent to handicap accessible parking.  Reserving and marking a space at least 2 feet in width‐ and as long as the parking space‐ adjacent to the bike parking space.   Where bicycle parking is immediately adjacent to vehicle parking, yellow bollards or  rubber curb stops shall be used.   All distances listed as minimums.  Bicycle Parking in Standard Vehicle Parking Spaces 18’  9’  24”  30”  301”  392”  24”  72”  30”  30”  60”  Page 338 of 346 ƉƉĞŶĚŝdž'ŝĐLJĐůĞWĂƌŬŝŶŐ džĂŵƉůĞƐ ĐĐĞƉƚĂďůĞEŽƚĐĐĞƉƚĂďůĞ INVERTED U SERIES/CORRAL Post & Ring  INVERTED U Bike lockers Vertical Two-Tier  'ƌĂƉŚŝĐƐƵƐĞĚǁŝƚŚƉĞƌŵŝƐƐŝŽŶ͘ƌĞĚŝƚ͗ƐƐŽĐŝĂƟŽŶŽĨWĞĚĞƐƚƌŝĂŶĂŶĚŝĐLJĐůĞWƌŽĨĞƐƐŝŽŶĂůƐ͕ƐƐĞŶƟĂůƐŽĨŝŬĞWĂƌŬŝŶŐ͕ϮϬϭϱ Page 339 of 346 APPENDIX H HOUSING PRESERVATION South Burlington Land Development Regulations APPENDIX H: HOUSING PRESERVATION Pre-Existing Dwelling Units Exempt from Housing Preservation per Section 18.03(C)(5) 1141 Airport Drive 1155 Airport Drive 1195 Airport Drive 98 Airport Parkway 115 Airport Parkway 121 Airport Parkway 127 Airport Parkway 165 Airport Parkway 221 Airport Parkway 223 Airport Parkway 225 Airport Parkway 1 Delaware Street 11 Dumont Avenue 32 Dumont Avenue 38 Dumont Avenue 44 Dumont Avenue 65 Dumont Avenue 52 Kirby Road 80 Kirby Road 110 Kirby Road 181 Kirby Road 184 Kirby Road 191 Kirby Road 199 Kirby Road 100-102 Kirby Road 114-116 Kirby Road 195 ½ Kirby Road 196 Kirby Road 12 Ledoux Terrace 10 Lily Lane 12 Lily Lane 14 Lily Lane 16 Lily Lane 18 Lily Lane 20 Lily Lane 22 Lily Lane 1 Patrick Street 9 Shamrock Road 35 South Henry Court 21 South Henry Court 384 White Street 390 White Street Page 340 of 346 Page 341 of 346 C I T Y O F S O U T H B U R L I N G T O N C I T Y O F B U R L I N G T O N DR DO R S ET ST S H E R R Y R D G AR D E N S T H IN E SB U R G R D COTTAG E G R O V E A V E Commercial Boulevard Garden Street See 11.02(C)(1) Support Street Market Street See 11.02(C)(1) Neighborhood Street Narrow W H I T E S T PA T C H E N RD WILLISTONRD P R O U T Y P K W Y PI N E S T PINE T R E E T E R R DEANE S T HOPK IN S S T HELEN AV SH EPA R D L N L IL A C L N HEATHST MIDAS DR S UN S E T A V W O O D L A N DPL EXECUTIVE MARY ST MARKET ST GILBERT ST M Y E R S C T C H A R L ES S T IBY ST S PE A R S T E L S O M P K W YBARRETT S T HAYDEN PKWY INTERSTATE 89 O B R I E N D R S L O C U M ST S A N R E M O D R E A S T T E R R Neighborhood Street Support Street Neighborhood/ Support Street Support Street Neighborhood Street Neighborhood Street/ Bike Boulevard Commercial Boulevard Legend Existing Road Parcels Planned Recreation Path Primary Existing Streets Primary Planned Streets Secondary Existing Streets Secondary Planned Streets Planned Street Right of Way Proposed City Center Zoning Transect Zones T-1 T-3 T-3+ T-4 T-5 Park/Civic E \\PWSERVER\GISdata\Planning&Zoning\Zoning\FBC\FBC_PRim_SecRoads_BlockStndrd.mxd exported by:mbrumberg On 6/26/2017 City Center Form Based Code - Primary & Secondary Streets & Block Standard Applicability Effective Date: July 10, 2017 *Approximate locations of proposed roads, to be used for planning purposes only. Please refer to original studies for exact road centerlines. 0 700 1,400350 Feet Street Designation Label Page 342 of 346 §¨¦89 §¨¦89 §¨¦189 ¬«116 £¤2 £¤7 SWIFT ST WHITE S T WILLISTON RD AIRPOR T P K W Y CENTRAL AVE P A T C H E N R D SPEAR S T DO R S E T S T K I M B A LL AVE NOWL ANDF A R MRD K E N N E D Y D R A I R P O R T D R C H E E S E F A C T O R Y R D OLD FARM RD Natural Resources Map South Burlington, Vermont Adopted February 7, 2022 0 0.75 1.5 2.25 30.38 Miles Disclaimer:The accuracy of theinformation this map presentsis determined by its sources.The City does not guaranteeaccuracy, but for the purposes of the South Burlington Land Development Regulations, the information presented is presumed to be accurate. Any uncertainty regarding aresource boundary may beresolved as provided by theLand DevelopmentRegulations, as amended fromtime to time. The Chittenden County Regional Planning Commission is not responsiblefor any errors or omissions.Data Source:Parcel Boundary- SouthBurlington, 2018Special Flood Hazard Area, VSWI Class and Advisory, River Corridor (2019)-ANR Slope-LIDAR, VCGI Map Prepared by M. Needle using ArcGIS Pro. All Data isin VT State Plan NAD 1983. F Legend Parcel Boundary City Boundary Stream or River Centerline Hazards Wetland and 50 ft. or 100 ft. Buffer B2: 500 Year Flood/0.2% Annaul Chance of Flood Hazard River Corridor Special Flood Hazard Area or 100 Year Flood Very Steep Slopes (25%+ Slope) Level II Resources B1: 500 Year Flood/0.2% Annaul Chance of Flood Hazard Steep Slopes (15% to 25%) Page 343 of 346 Page 344 of 346 BurlingtonInternational Airport NOT A VPZ HINESBURGRD. - NORTH DORSETPARK SPEAR ST. -OVERLOOK PARK DORSETPARKSPEAR ST. -OVERLOOK PARK SPEAR ST. -OVERLOOK PARK DORSET PARK SPEAR ST.- RIDGE DORSETPARKDORSETPARK HINESBURGRD. - SOUTH Overlay Districts- Map 1 ¹ Disclaimer:Some areas may be subject to more than one overlay district.The accuracy of information presented is determined by its sources.Errors and omissions may exist. The City of South Burlington is not responsible for these. Questions of on-the-ground location can beresolved by site inspections and/or surveys by registered surveyors.This map is not sufficient for delineation of features on the gound. This map identifies the presence of features, and may indicate relationships between features, but it is not a replacement for surveyed information or engineering studies.Map updated by South Burlington GIS. All data is in State Plane Coordinate System, NAD 1983. 0 2,000 4,0001,000 Feet Effective August 6, 2018 \\pwserver\GISdata\Planning&Zoning\mapRequests\LDR\OverlayDistricts_Map_1_20180810.mxd South Burlington, Vermont Urban Design Overlay Primary Node Secondary Node Form Based Code Gateway Area Gateway Area Flood Plain Overlay District Zone A - 100-year Flood Plain Scenic View Protection Overlay District Dorset Park Hinesburg Road - North Hinesburg Road - South Spear Street - Overlook Park Spear Street - Ridge Map Features Roads Tax Parcel Boundaries Urban Design Overlay District Page 345 of 346 BurlingtonInternational Airport Overlay Districts- Map 2 ¹ Disclaimer:Some areas may be subject to more than one overlay district.The accuracy of information presented is determined by its sources.Errors and omissions may exist. The City of South Burlington is not responsible for these. Questions of on-the-ground location can beresolved by site inspections and/or surveys by registered surveyors.This map is not sufficient for delineation of features on the gound. This map identifies the presence of features, and may indicate relationships between features, but it is not a replacement for surveyed information or engineering studies.Map updated by South Burlington GIS. All data is in Vermont State Plane Coordinate System, NAD 1983. 0 2,000 4,0001,000 Feet Effective August 6, 2018 \\pwserver\GISdata\Planning&Zoning\mapRequests\LDR\OverlayDistricts_Map_2_20180807_1006..mxd South Burlington, Vermont Map Features Roads Tax Parcel Boundaries Traffic Overlay DistrictMajor Intersections - Zone 1 High Volume Roadway Segments - Zones 2A, 2B, 2C Balance of Restricted Roads - Zone 3 Transit Overlay District Transit Route Transit Overlay District Airport Approach Corridors Airport Approach Corridors Page 346 of 346 MEMORANDUM To: South City Council From: Martha Machar, Finance Director CC: Jessie Baker, City Manager Date: August 15, 2024 Re: South Burlington American Rescue Plan Act (ARPA) Funds – Obligation This memo provides an overview of the City’s discussions and decisions around the use of the American Rescue Plan Act (ARPA) funds. With the recently updated US Treasury guidance, the memo also provides a management process recommendation on the remainder ARPA revenues. ARPA funds rules and regulations require all awarded funds be obligated by December 31, 2024. In order to meet this deadline and avoid the need to return the funds to the Treasury, we are recommending the Council, via the motion below, approve to spend the remaining ARPA funds on the CIP projects/items and create an intentional surplus on the general fund budget that the Council can allocate/assign to projects without restrictions on spending timelines. Background The American Rescue Plan Act (ARPA) is a federal stimulus package intended to aid public health and economic recovery from the COVID-19 pandemic. ARPA funds included a total of $360 billion in pandemic-related aid for state and local governments. Vermont received more than $1.25 billion with $200 million allocated directly to Vermont’s cities, towns, and villages. The legislature and the governor determined how the $105 billion was allocated. The City of South Burlington received a total allocation of $5,656,533.00. Under the Act, these funds must be obligated by December 31, 2024 and expended by December 31, 2026. The Act specifies that these funds can be used for several different purposes. These purposes include responding to public health concerns raised by the pandemic, responding to negative economic impacts of the pandemic, providing services to communities disproportionately impacted by the pandemic, providing premium pay to essential workers, replacing lost revenues, recouping administrative costs directly attributable to the pandemic, and improving water, sewer and broadband infrastructure. The ARPA Revenue Lost Provision recognizes state and local governments’ responsibility to respond to the pandemic and its economic effects and to replace revenue lost due to the public health emergency and prevent cuts to government services. It gives Cities and Towns the option to elect a standard allowance of up to $10 million of their ARPA fund allocation and spend on general 180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4112 | WWW.SOUTHBURLINGTONVT.GOV government services. South Burlington elected to take the full ARPA allocation ($5.6M) as a standard allowance and therefore the funds can be used for any municipal purpose The US Treasury recently provided a definition of obligation requirement for the ARPA revenues and clarification on what the local governments need to do to meet the December 31, 2024, deadline. The updated definition clarifies that ARPA allocation/appropriation is not considered an obligation. An obligation is an order placed for property and services and entry into contracts, subawards, and similar transactions that require payment, which may include certain interagency agreements. Per this clarification, any unobligated ARPA funds by December 31, 2024, will be returned to the US Treasury Department. This presents a new timeline challenge that wasn’t previously in place. Balance and Summary of Current Allocations The remaining unallocated funds from the South Burlington ARPA award are $979,853. ARPA funds are kept in a separate interest-bearing bank account. To date, the interest earned on ARPA revenues totals $410,298. This brings the total unallocated ARPA revenues balance to $1,390,151. The summary of all allocations including Council approval dates is included in the table below. The table also includes actual spending to-date, current allocations that will meet obligation requirements by December 31, 2024 and the remainder that need Council action. The ARPA funds payments made by the Treasury to states, territories, the District of Columbia through State and Local Fiscal Recovery Funds (SLFRF) program are not subject to the requirement of the Cash Management Improvement Act and Treasury’s implementing regulations at 31 CFR Part 205 to remit interest to Treasury. Additionally, interest earned on SLFRF award funds is not subject to program restrictions. With this clarification, the interest revenue ($410,298) earned on the ARPA funds is not subject to obligation/spending deadlines. The table below does not include the interest earned revenue. This is because interest earned revenues do not have to be obligated by December 31, 2024. It is important to point out that the Council approved the use of ARPA funds to re-instate three City staff positions and fund deferred capital projects with a step-down approach to phase out the impact on the general fund budget. Restoring and funding the three positions that were frozen during the COVID-19 pandemic with ARPA funds was one of the first recommendations the Council considered and approved during their July 19, 2021 Council meeting. With the step-down approach, the related wages and benefit costs over a five-year period are spread out with an annual downscale of 20%. The amount shown on the table below is the total over 5 years. Per the ARPA rule, if a position is approved and filled prior to December 31, 2024, the related personnel costs are considered incurred and obligated through December 31, 2026. During the FY23 budget process, the Council approved use of ARPA revenues to fund deferred, one-time, capital projects. During FY24 budget process, the management presented to Council options of how the Capital Improvement Plan funding capacity created with ARPA funds can be phased into the general fund budget. One of those options was a step-down approach (75% for FY24, 50% for FY25, and 25% for FY26), the Council approved this option. The amount shown on the table below is the total over 4 years. 180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4112 | WWW.SOUTHBURLINGTONVT.GOV Total ARPA Award $5,654,533.00 Total ARPA Revenues $5,654,533.00 Council Approved Allocations Date Approved Allocated Amount Spent to-date Contracted Allocated but not Contracted Re-fund and restore 3 City staff (total over 5 years (FY22-FY26) step down approach) 7/19/2021 $860,679.73 $610,546.47 $250,133.26 Grant match - for Illuminate VT 11/1/2021 $32,000.00 $32,000.00 Fund deferred capital projects & expenses total over 4 years (FY23-FY26) step down approach) 1/18/2022, 1/17/2023, 1/16/2024 $1,755,000.00 $427,980.00 $1,146,520.00 $180,500.00 Grant Match - Affordable Housing Investment 9/6/2022 $1,000,000.00 $600,000.00 $400,000.00 Grant match - Ash tree replacement 1/3/2023 $20,000.00 $19,440.00 $560.00 City Green-for place making 8/7/2023 $35,000.00 $11,986.86 $23,013.14 Hinesburg Road and Market Street Signal 10/16/2023 $80,000.00 $12,002.67 $67,997.33 Climate CIP Projects 1/16/2024 $417,000.00 $417,000.00 Park Master Plan 1/16/2024 $125,000.00 $125,000.00 Hinesburg Shared Used Path 1/16/2024 $200,000.00 $200,000.00 Development of a Cultural Plan 7/1/2024 $50,000.00 $50,000.00 Development of an Economic Development Plan 7/1/2024 $100,000.00 $100,000.00 Total $(4,674,679.73) $1,713,956.00 $2,229,663.73 $731,060.00 Award-unallocated Balance $979,853.27 $979,853.27 Total to Obligate by 12/31/2024 $1,710,913.27 *The ARPA funds must be obligated by December 2024 and spend by December 2026 Management Process Recommendation The current unallocated ARPA award funds are $979,853. This balance does not include the interest earned ($410,298) to-date on the ARPA revenues. Interest earned is not subjected to obligation requirements and therefore is not included on the table above. The total ARPA revenues allocated to-date but will not meet the December 31, 2024 obligation requirement add to $731,060. This brings the total ARPA award funds that need to be obligated by December 31, 2024, to $1,710,913 ($979,853+$731,060). 180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4112 | WWW.SOUTHBURLINGTONVT.GOV To meet the Treasury’s ARPA funds obligation guidelines, we are recommending that the remainder unobligated ARPA funds be allocated to approved CIP items/projects which are currently under contract and create an intentional surplus in general fund budget. This surplus will be tracked separate from general fund budget surplus. Creating the intentional surplus by using ARPA revenues to pay for already approved CIP projects/items will give Council spending flexibility without deadline restrictions. Council allocation discussions for the total unallocated ARPA funds, both awarded balance and interest earned, will be included on the future Council meeting agenda. Below is a listing of FY25 projects/items budgeted to be funded with general funds that will meet the December 31, 2024 Treasury’s deadline. The remainder ARPA funds that will not meet the obligation deadline can be allocated to these projects to avoid returning the funds to the US Treasury. • Fire truck • Ambulance • Paving • Fire Station alerting software • New traffic signal on Hinesburg Road and Market Street intersection Motion The recommended motion is as follows: Move to allocate the remaining $1,710,913 of unobligated ARPA funds to current contracted Capital Improvement Plan projects/items as outlined in the foregoing memo, in order to meet the ARPA obligation requirements.