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HomeMy WebLinkAboutMinutes - Planning Commission - 04/23/2019 SOUTH BURLINGTON PLANNING COMMISSION MEETING MINUTES 23 APRIL 2019 The South Burlington Planning Commission held a regular meeting on Tuesday, 23 April 2019, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: J. Louisos, Chair; B. Gagnon, T. Riehle, M. Ostby, M. Mittag ALSO PRESENT: P. Conner, Director of Planning and Zoning; S. Murray, Consultant; E. Nosse-Leirer, CCRPC; D. Albrecht, CCRPC; Leo Nadeau, residents 1. Directions on emergency evacuation procedures from conference room: Ms. Louisos provided directions on emergency evacuation procedures. 2. Agenda: Additions, deletions or changes in order of agenda items: No changes were made to the agenda. 3. Open to the public for items not related to the Agenda: No issues were raised. 4. Planning Commissioner announcements and staff report: Ms. Ostby – Attended the Steering Committee meeting last night. She would like more information on stormwater compliance and wondered if there is anything the Commission should be looking at simultaneously. She also questioned whether there is some kind of grouping that could happen for small businesses. Mr. Conner’s staff report was submitted in written form. 5. Land Development Regulations: Review initial drafts of Subdivision Standards, Environmental Protection Standards, and River Corridor Standards: Ms. Louisos said the goal is to have something to pass onto other committees for their feedback. Mr. Conner asked if members are comfortable with how primary and secondary resources are treated differently. He noted that with secondary resources, there can be a building envelope that avoids the resource. Ms. Murray said a more basic questions is whether to define a protection strategy for each resource instead of using “primary” and “secondary” terminology. She noted that there can be different strategies for different resources. Mr. Riehle noted that every natural area is not the same. He felt that a slope with nothing below it (i.e., a stream) could be built on because there is not impact. Ms. Murray said that 90% of the communities she works with limit development on slopes because they are not stable without a lot of engineering. Some communities allow encroachment of a driveway and some require an engineering study as well as a hydraulic study. Ms. Nosse- Leirer said there are lingering broad questions but these are the usual standards for this kind of resource. Members viewed a map indicating slopes of 25% or more. Ms. Louisos noted that not all of them are near streams. Mr. Gagnon said it seems that steeper slopes have very little applicability to South Burlington so he had no issue precluding development there. He suggested setting an upper limit of 20-25%, then have restrictions at 15-20% and allow anything below 15%. Ms. Ostby suggested just prohibiting anything at 20% or more. Mr. Riehle said he would opt for a study if there is no impact below. Mr. Conner asked if there would be any exceptions. Ms. Murray said road connections are often exceptions to maintain connectivity as well as utility crossings. The exception language also includes how these are designed. Mr. Gagnon asked about bike/rec paths and noted there are some steep portions of the city’s bike paths. Ms. Murray said there might be exceptions for these as well as for ski trails, etc. Ms. Murray noted some of the proposed language where she felt “may” should read “shall.” Regarding stream/surface waters, Mr. Gagnon said regulations should be consistent with the state regulations. Mr. Conner cautioned against use of the word “or” which might make it seem like the applicant has a choice. Members agreed that buffers should be measured from the highest point. Ms. Louisos asked about “drainageways.” Ms. Murray noted they are sometimes referred to as “intermittent streams.” Mr. Conner added that good site design can make an improvement to a drainageway. Ms. Louisos did not feel a roadside ditch should be a natural resource and these should come out of the regulations. Mr. Conner stressed that if everything becomes a buffer, it is difficult to meet other goals. Ms. Ostby felt that any naturally occurring water will have a natural environment around it and should have a setback. Ms. Murray said that in very densely developed areas, it may be difficult to conserve every one. Ms. Louisos did not consider a ditch to be a stream, and she wasn’t sure the Commission should include all intermittent waterways in the regulations. Mr. Gagnon agreed that something that flows once a year when there is snow melt shouldn’t require a buffer. Ms. Murray said that some communities use the qualification of a “clearly defined channel.” Ms. Louisos suggested language such as “a naturally occurring intermittent stream with a clearly defined channel,” not to include a drainageway. Ms. Nosse-Leirer said that the current setback from Lake Champlain could be better served by using the State standards. Mr. Gagnon asked how the current regulations are working. Mr. Conner said the current setback is 150 feet. The State is more restrictive but has exceptions. Mr. Conner said the 50‐foot setback hasn’t gotten a lot of feedback, but the 10‐foot has evoked some concerns. He stressed the desire to have a cohesive stormwater plan for a property. Mr. Conner also noted that hydro-electric power generation is exempt from the standards if it is connected to the grid. Mr. Riehle asked who regulates if someone mows where they shouldn’t, and what is the penalty? Mr. Conner said it is a zoning violation under the Zoning Administrator. Ms. Murray said some communities involve their Arborist. Mr. Conner did not know what the city Arborist’s work load is. Mr. Mittag asked to add to “general standards” language regarding climate change mitigation. Mr. Conner suggested adding rec paths to #G in this section. Regarding water course alteration, Ms. Nosse-Leirer said the language proposed is not new; it has just been moved from its present location. Mr. Albrecht said the main reason for river corridor standards is economic. In the case of a disaster, the city gets an extra bonus if there are river corridor standards. He noted that the State is also moving toward river corridor adoption to continue to get the extra money. This is called “a hazard overlay district.” Mr. Conner showed a map indicating the river corridor and the floor plain. He said it would be helpful to have a single set of standards to review. Mr. Gagnon suggested saying that the more stringent regulations apply. Mr. Albrecht said they might also say if you’re within the map’s definition, you are in it. Ms. Louisos noted that currently buildings can be built in a river corridor where there is already building. She would allow no new buildings. She said this doesn’t apply to may places in the city. Mr. Conner suggested staff work with Mr. Albrecht to see how many buildings there are. Regarding river course alteration, Mr. Mittag suggested that on p. 19, the DRB be “required” to invoke technical review. Ms. Louisos said that if a stream alteration permit has been acquired, it should not require technical review. Regarding wetland protection standards, Mr. Mittag felt the wetland report should be gotten as early as possible. Mr. Conner noted it is required for the next step after sketch plan review. He suggested removing the word “initial.” Mr. Conner noted that under today’s regulation, you can put a lot line through a wetland. He said Ms. Murray advises against this. Mr. Mittag said the Comprehensive Plan said there should be no building in class I and class II wetlands. Mr. Conner said the LDRs allow it if the applicant can get a State Wetland Permit. He added there wouldn’t be a City Center if there was no building in a wetland as that area is all wetland. Mr. Gagnon asked if allowing what the State allows reasonable. Mr. Louisos said the city can still regulate that. Mr. Conner noted that a 50-foot buffer is not required for a Class 3 wetland, but this creates a conflict with the desire for neighborhood connectivity. Re: stormwater management, Ms. Louisos noted that the City’s standards are stricter than the State standards. Regarding rare/threatened/endangered species: Ms. Ostby said there should be a requirement to consult with a qualified environmental specialist. Mr. Conner then briefly reviewed the maps from the on-line mapping tool. These were distributed to members for their review. 6. Meeting Minutes of 9 April 2019: Mr. Gagnon moved to approve the Minutes of 9 April 2019 as written. Mr. Mittag seconded. Motion passed 5-0. 7. Other Business: Members agreed that the next meeting will be 14 May. As there was no further business to come before the Commission, the meeting was adjourned by common consent at 9:35 p.m. Minutes approved by the Planning Commission on May 14, 2019 Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com TO: South Burlington Planning Commission FROM: Paul Conner, Director of Planning & Zoning Cathyann LaRose, City Planner SUBJECT: PC Staff Memo DATE: April 23, 2019 Planning Commission meeting 1. Directions on emergency evacuation procedures from conference room (7:00 pm) 2. Agenda: Additions, deletions or changes in order of agenda items (7:02 pm) 3. Open to the public for items not related to the agenda (7:03 pm) 4. Planning Commissioner announcements and staff report (7:06 pm) Staff report: Green Mountain Transit NextGen Plan: Green Mountain Transit (formerly CCTA) has been developing an update to its region-wide transit plan. Over the past month, a series of public meetings have been held to gather feedback on proposed changes to the system and routes. Notably for us in South Burlington: • For ease of use, major routes are being linked together (example: the Essex route to Burlington and Shelburne Road route to Burlington are proposed to be combined into a single line called the “Blue Line - Essex / Shelburne”) • The South Burlington circulator and College Street shuttle are proposed to be combined into a single route, providing frequent service from the waterfront to the Airport and areas in between, including Kennedy & Dorset Street • Timing of schedules are being evened out to provide more regular service on weekends and throughout the day, with a little less emphasis on peak hours) Based on community input, the proposed routes are being revised from what is presently on the NextGen website. Airport Noise Exposure Maps Update: Staff checked in with the Airport regarding the status of the Noise Exposure Maps that will include the anticipated F-35 aircraft. The draft maps are new scheduled to be ready at the end of May and released to the public at that time. City Center Parking & Movement Analysis: Staff is continuing to work with the CCRPC and Stantec on an assessment of current conditions, future needs, and parking & movement recommendations for City Center. We’re presently gathering build-out projections for the consulting team and completing additional parking counts of current conditions around City Center to have an understanding of present-day use of the parking. Committee Leadership, Work Plans; and Committee Fall Conference: Staff liaisons for all committees in the City have recently met a few times to revamp the committee coordination & training programs we’ve done over the past couple of years. We are working towards a leadership meeting to be held at the end of May (for chairs, vice chairs, and staff), and the a committee-wide (ie, all members) evening “conference” in the fall. This will include time for committees to interact with the City Council and, training sessions on a variety of topics, and likely a “poster session” whereby committees can share what they’ve been working on with one another and what their work plans are for the next year. In May, we’ll be gathering feedback from committee / commission / board members on what kinds of training would be of interest to you! Annual Committee Appointments: A quick reminder that with spring upon us, annual advertisements for appointments to all committees will be going out. Interviews before Council are expected to take place in May. Staff will reach out to individuals whose terms are up on the Commission to let you know and invite you to apply for another term! New Public Outreach Tool: We’re excited to share that the City has partnered with Champlain College and Consensus AI on a citizen data pilot program to help our community members engage with the City. Read more about it in the April 4th Other Paper article! Future Street Name Outreach: With planning & design well underway for the new City Hall / Library building on Market Street, we’re also working on the new formal street to enter into the Middle School property. That new street will need a name, of course! We have a request from the City Manager’s office to make use of the new public outreach tool – described above – to help with the naming of the new street. The final decision will of course rest with the Planning Commission as always, but we thought this would be a great way to both involve the community and help with the roll-out of the new Consensus mobile app. The new app is expected to be released in early June. We would anticipate that we would have the results from the community by the end of summer, to forward to the Planning Commission in early September. 5. Land Development Regulations: Review initial drafts of Subdivision Standards, Environmental Protection Standards, and River Corridor Standards, Sharon Murray, Front Porch Community Planning & Design, Emily Nosse-Leirer, Chittenden County Regional Planning Commission (7:15 pm) See the attached staff memo and documents. 6. Report from Committee Liaisons: (8:50 pm) a. Transferable Development Rights IZ Committee, Michael Mittag (8:40 pm) b. Open Space IZ Committee, Bernie Gagnon (8:50 pm) c. Form Based Codes Subcommittee, Art Klugo (8:50 pm) 7. Meeting Minutes (9:05 pm) 8. Other business (9:07 pm) 9. Adjourn (9:08 pm) 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com MEMORANDUM TO: South Burlington Planning Commission FROM: Cathyann LaRose, AICP, City Planner Paul Conner, AICP, Director of Planning & Zoning SUBJECT: Natural Resource Regulations – VERY Preliminary Draft DATE: April 23, 2019 Planning Commission meeting Attached are three PRELIMINARY DRAFT regulatory documents. These are raw drafts, meaning that while staff has given them an initial read, what you’re looking at is essentially the first complete draft from our various outside assistance. Per the Commission’s request, we’re providing these drafts to you to get the discussion started and to have something for you to respond to. But we ask that you keep in mind that this is only a first draft and is subject to significant change based on your review, community input, legal review, and how these standards align with the goals of the Comprehensive Plan. The drafts include the following: • Draft Subdivision standards from Sharon Murray These include how Primary and Secondary Resources are to be addressed at the time of subdivision of land. Specifically, it details if and when a resource may be included in a newly-created development lot, how much overall encroachment is permitted (for secondary resources), and how a building envelope (ie, the area of a lot that can have buildings on it) must be laid out in regards to resources on the lot. This is the same document that you saw in March. For this meeting, we’re recommending that the Commission focus on the standards associated with “Secondary Resources.” It is here that the big- picture requirements for whichever resources are laid out, by setting standards for how lots are formed, whether and how development lots can contain natural resources, and how much total impact on these resources are allowable. This section sets the stage for the resource-specific requirements contained in the Draft Environmental Protection Standards, below. • Draft Environmental Protection Standards from the CCRPC Contained in this document is a PRELIMINARY draft set of standards for each of the resources contained in the 2014 Open Space Report and based on the prior work done way back in 2012. When Nat Resources Page 1 2 limited encroachment is allowed, as outlined in the subdivision / PUD chapter, or when a proposal involves no subdivision, these standards apply. Since secondary resources do allow for limited incursions, the standards for these resources in this chapter focus on where and how incursions are allowable, whereas with primary resources the standards are much more precise regarding exact circumstances under which the resource can be impacted at all. • Draft River Corridor Standards River corridor standards are essentially a part of the Primary Resources, but are treated a little bit differently because they are following some recent best-practice model language generated here in the state. In addition, while they play an important role in natural resource conservation, they are looking at the subject from the perspective of hazard avoidance related to development. Mapping these resources With the assistance of the CCRPC, and using the chart that was prepared for your last meeting, staff and the CCRPC have put together maps showing Primary Resources and Secondary Resources as enumerated in these draft regulations. Commissioners are encouraged to use the online Map Viewer to turn layers on and off, to add or remove from your own primary or secondary list, etc. Prior to the meeting, staff will pre-populate a series of maps showing the resources that are contained in the different categories enumerated in the preliminary draft. Meeting objectives 1. The primary objective of this meeting, and/or any necessary follow-ons, is to get feedback as which resources to move towards regulating in the City, and, where applicable, the level of regulation (primary or secondary, or however they might be categorized). Specifically: • The starting point for this work was the categorization laid out in the 2014 Open Space Report. With draft regulations now prepared for each of these resources, do the categories match the city’s overall objectives? • Should certain resources be moved from one category to another? • Do certain resources overlap to the extent that they need not be regulated in multiple manners? • Are there resources that the City should not regulate, and instead examine and pursue through other means as needed? As you consider these questions, staff recommend that you examine the overall goals and objectives of the City’s Comprehensive Plan and how regulating these resources will implement and affect (good and bad) these overall objectives. 2. A second key objective of this meeting is to have discussion and get feedback about the best ways to ultimately regulate these resources. The focus has started, appropriately, with the mapping, analysis, and examination Nat Resources Page 2 3 of possible regulations “resource level” – ie, regulation of the individual resources. Another approach for some of these resources could be to look at the “landscape level” – ie, establishment of a conservation zoning district that encompasses priority natural resources and establishes a policy-based delineation of boundaries. There are pros and cons to each approach, and we’d like to discuss this with you. 3. Lastly, we’d like for the Commission to spend some time examining how regulating the resources in this draft will / could impact properties throughout the City and when exemptions will be appropriate. For example: o A forested property along a major transportation route o Mapped habitat areas in built-up areas o Land used presently farmed for which the Comprehensive Plan indicates future development Nat Resources Page 3 Draft Subdivision Standards Nat Resources Page 4 Draft Subdivision Standards – Natural Resources 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com (a) Buildable [Developable] Area. For purposes of these regulations, including the platting of building lots, and the calculation of the density or intensity of development allowed within a subdivision, “buildable area” shall be defined as the total area of the tract or parcel to be subdivided, less the area occupied by the following physical site constraints, as indicated on subdivision plans and plats, and verified through site investigation: • Surface waters, [Class I and II] wetlands and associated setbacks and buffers under Article 12; • Floodplains under Section 10.01; • [River corridors under ___]; • Very steep slopes equal to or greater than 25%; and existing and planned road and railroad rights- of way. [SM Note: as commonly defined hazard areas, it is typical under subdivision regulations (and sometimes site plan review) to exclude these areas from development, and from the calculation of the buildable area—which may also affect allowed density, depending on how this is addressed under zoning. Except for rights-of-way, these are also typically included in “Primary Conservation Areas” where defined for purposes of resource protection.] F. Natural, Cultural and Scenic Resources. [SM Note: This section generally follows the approach recommended by CCRPC and in the 2014 Open Space Plan as discussed (e.g., w/ re to defining Primary and Secondary Conservation Areas); however, the regulations could also be more resource- specific. Once more detailed resource protection standards are finalized, it may be appropriate to simply reference these under the subdivision regulations—except as necessary to address resource parcelization/fragmentation—e.g., building envelope requirements may also apply under site plan review. Another option may be to include a matrix of accepted mitigation techniques, by resource] The applicant must demonstrate that the proposed subdivision will be laid out to: • incorporate significant natural, historical and scenic site features located on the parcel or tract to be subdivided in subdivision layout and design; • exclude Primary Conservation Areas from land subdivision and development, and to • minimize and mitigate the impacts of land subdivision and development on Secondary Conservation Areas located on or contiguous to the parcel or tract to be subdivided. (1) Applicability. Resource protections standards under this subsection generally apply to all subdivisions of land [unless waived by the DRB]. (a) The DRB may modify or waive the requirements of this section for a minor subdivision; a transect zone subdivision within the City Center Form-Based Code District…… (b) Where fifty percent or more [other?] of the land in a major subdivision is located within one or more primary or secondary conservation areas, a conservation planned unit development under Article __ is [required/recommended] to allow for the transfer of density, and more flexible resource-based PC Discussion: determine required v recommended for PUD requirement of parcels which are majority conservation area. Staff recollection is yes to primary, but not to secondary. Nat Resources Page 5 2 Draft Subdivision Standards – Natural Resources subdivision lay-out and design, to include the clustering of development outside of Primary and Secondary Conservation areas. (2) Resource Identification. Features or resources to be considered in subdivision layout and design shall [may] be initially identified from imagery, resource inventories and maps available from the City at the time of application, from the Vermont Agency of Natural Resource’s Natural Resource Atlas, and through site investigation. The location and extent of mapped resources, as indicated on subdivision plans and plats, must be field verified and delineated on the ground by the applicant, unless waived by the DRB. (3) Existing Site Features. Existing site features to be considered in subdivision layout and design include: …… (4) Primary Conservation Areas to be incorporated in subdivision layout and design include: • Surface waters and required setbacks/buffers under Article 12 • River Corridors • Shoreline Protection area (buffer area to be determined; 100- and 250-foot buffers have recently been added to the Mapviewer; currently have strong local and state applicable regulations) • Class I and II wetlands and associated setback and buffer areas, required under Article 12; • Mapped floodplains, regulated under Section 10.01; • Very steep slopes equal to or greater than 25%; and • Rare, threatened and endangered species habitat. (data source for application TBD in concert with CCRPC) • Water Source Protection Areas (Zone 1) (a) Delineated Primary Conservation Areas shall be shown on subdivision plans and plats submitted with the application [and permanently marked/pinned/posted on the ground]. (b) Subdivision boundaries and lot lines shall be configured to extend contiguous resource areas on adjoining parcels, and to avoid further subdivision and fragmentation of Primary Conservation Areas. (c) Building lots and building envelopes are prohibited within these areas, except as necessary to accommodate resource-dependent facilities (e.g., water and wastewater treatment facilities, public or community recreation facility). (d) A building lot may incorporate a primary conservation area that is less than the minimum lot size for the district in which it is located. (e) A building envelope must be defined to exclude conserved resources, and limit the siting of buildings and parking areas on the lot, for any building lot that extends into or incorporates a Primary Nat Resources Page 6 3 Draft Subdivision Standards – Natural Resources Conservation Area, as indicated on the subdivision plat, [in supporting legal documentation, and as clearly marked on the ground]. (f) Allowed encroachments within primary conservation areas are restricted to resource-dependent infrastructure and facilities, road and utility corridors, and shared facilities that provide access to conserved resources (e.g., a shared path, driveway, boat ramp, or dock). [SM Note: Review against resource protection standards…] (g) All encroachments must be sited, designed and constructed to avoid very steep slopes, to minimize stream and wetland crossings, and to mitigate adverse impacts to conserved resources, using accepted mitigation techniques. (h) Road surfaces and facilities allowed within mapped flood hazard areas must be elevated at least [2 feet] above the Base Flood Elevation to ensure access and minimize flooding during flood events. All roads, utilities and other infrastructure located within a flood hazard area must be designed and constructed to withstand flooding, and result in no adverse impact to surrounding properties during flood events. (i) Primary Conservation Areas are to be set aside and identified on the subdivision plat, and in associated legal documents, as protected open space to be maintained and managed in single or common ownership. (5) Secondary Conservation Areas to be incorporated in subdivision layout and design include [SM note: in order of priority or functional resource value—could also involve weighting by resource type; mitigation and encroachment permissions will vary as delineated a through l below, and also by resource type, outlined in Chapter 12, with some DRB discretion in accordance with stated goals]: • Scenic areas [to be updated with the Scenic Views project underway- largely a no-build except as currently permitted where the views are not blocked due to topography and distance] • Riparian Connectivity (this will be incorporated below in Significant Wildlife Habitat per conversation with J. Hilke, ANR) • Class III wetlands • Class III wetland buffers • Primary Agricultural Soils (Prime, not “Statewide Importance”) [For PC discussion on 3/26; some concern about patchiness of soils layer in use of this in subdivision design]. • Forest blocks [equal to or greater than ½- acre] • [Farm parcels equal to or greater than 10 acres] • Significant Wildlife Habitat (CCRPC has spoken with ANR; J. Hilke recommendation is to start with VNRC definition of this title, and remove those not relevant to SBurl, including deer wintering areas, black bear habitat, high elevation bird habitat, etc. It would then include Mast stands, riparian areas and surface waters, wetlands and vernal pools, wildlife travel corridors) • [Necessary/ACT 250] Wildlife habitat and travel corridors (see note above, incorporated through there per suggestion of J. Hilke, ANR) • Intermittent stream and swales [added by commission on 12/11/19] • Water source protection areas (Zone 2) • Slopes 15-25% This is a list of how primary conservation areas are considered/ excluded/ avoided in the process of subdivision. This directly addresses the question the Commission asked the project team to address to help understand what impacts it means to be a primary vs secondary resource. Consider this list of impacts and make a recommendation related to primary and secondary conservation lists. Nat Resources Page 7 4 Draft Subdivision Standards – Natural Resources (a) All Secondary Conservation Areas shall be shown on subdivision plans submitted with the application. (b) At minimum [50 - 70%] of the parcel or tract of land within Secondary Conservation Areas shall be identified for protection as open space [in stated order of priority], as incorporated in subdivision layout and design, as shown on subdivision plans and plats submitted with the application [and as permanently marked/pinned/posted on the ground]. [SM Note: the concern here w/ re to specifying percentages are perceived or potential regulatory takings – a clear nexus must exist between the impacts of a subdivision proposal and imposed open space restrictions, and the regulations must allow for some continued, viable economic use of the property – which would also be addressed through an elective Conservation PUD requirement.] (c) Subdivision boundaries and lot lines shall be configured to extend contiguous resource areas on adjoining parcels, and to avoid further subdivision and fragmentation of Secondary Conservation Areas identified for protection as open space. (d) A building lot located entirely within a Secondary Conservation Area identified for protection as open space is prohibited, except as necessary to accommodate resource-dependent facilities (e.g., farm structure, public or community recreation facility). (e) A building lot may extend or encroach within a Secondary Conservation Area identified for protection as open space, only as necessary to meet minimum lot size or frontage requirements for the zoning district in which it is located. (f) A building lot may incorporate a secondary resource area that is less than the minimum lot size for the district in which it is located. (g) A building envelope that excludes conserved resources, and restricts the siting of buildings and parking areas on the lot, must be defined for any building lot that extends into or incorporates a secondary conservation area, as indicated on the subdivision plat, [ in supporting legal documentation, and as clearly marked on the ground]. (h) The DRB may approve a proposed subdivision, though development on one or more building lots in the subdivision would exceed the limitations of the Scenic View Protection Overlay District (“view restrictions”), only as allowed under Section 10.03 (J). (i) All encroachments must be sited, designed and constructed to avoid or otherwise minimize and mitigate adverse impacts to conserved resources, using accepted mitigation techniques. (j) Access roads, driveways and utility corridors must be shared to the extent physically feasible, and follow existing linear features where present (e.g., existing corridors, tree lines, fence lines, field edges), as necessary to minimize the physical fragmentation of conserved resource areas (k) Areas identified for long-term farm or forest management should be of sufficient area to qualify for enrollment in state tax stabilization (Use Value Appraisal) programs, where feasible. Access to conserved farm and forest land shall be maintained as necessary to allow for long-term resource PC Discussion: Consider this new standard. We haven’t previously discussed it. Nat Resources Page 8 5 Draft Subdivision Standards – Natural Resources management. Management plans, prepared by a qualified professional, may be required by the DRB to ensure sustainable, long-term resource management. (l) Unbuilt land within Secondary Conservation Areas are to be set aside and identified on the subdivision plat, and in associated legal documents, as protected open space to be maintained and managed in single or common ownership. Nat Resources Page 9 Draft Environmental Protection Standards Nat Resources Page 10 ARTICLE 2 DEFINITIONS Draft Land Development Regulations – Definitions associated with Environmental Protection Standards 1 DEFINITIONS 2.01 Rules of Construction, Intent and Usage 2.02 Specific Definitions 2.03 Definitions for Flood Hazard Purposes … 2.02 Specific Definitions … Agricultural Soils of Prime Importance. An important farmland soils map unit that the Natural Resources Conservation Service of the U.S. Department of Agriculture (NRCS) has identified and determined to have a rating of prime importance. Prime agricultural soils are those soil units with the best combination of physical and chemical characteristics that have a potential for growing food, feed, forage and oilseed crops. These soils may be identified as Prime, Prime (b) or Prime (f). Maps of these soils can be found on the Vermont Agency of Natural Resources Natural Resources Atlas. … Building envelope. Where required in these regulations, a ‘building envelope’ is the space on a lot within which development may occur. All development, including land clearing, but with the exception of driveways and utility lines that serve development within the building envelope, is confined to the building envelope. Where they are required by these regulations, building envelopes will be shown on approved plans and marked on the lot by permanent survey monuments. … Farm Parcels, 10 Acres or Larger. A parcel, or dedicated portion of a parcel, 10 acres or larger, that meets the definition of a farm. IS THIS DEFINITION IN KEEPING WITH WHAT THE PC WANTED TO REGULATE? … Forest block. Areas of ½ acre or greater of the most highly contiguous forest and other natural habitats that are unfragmented by roads, development, or agriculture. While most of what is defined as forest blocks are primarily forests, they may also include wetlands, rivers and streams, lakes and ponds, cliffs, and rock outcrops. Forest blocks may comprise young, early-successional stands, actively managed forests, or mature forests with little or no recent logging activity; the defining factor is that there is little or no permanent habitat fragmentation from roads, agricultural lands and other forms of development a forest block. Fragmentation. The process of roads, land clearing, development, or other land uses dividing forests, agricultural lands, waterways, or other natural resources into smaller and smaller areas. Depending on the location and scale, fragmentation can negatively affect the economic viability of working lands, plant and animal species, wildlife habitat, and water quality. Wildlife habitat fragmentation is exemplified by the division or conversion of large tracts of significant wildlife habitat into smaller pieces leaving remnant Nat Resources Page 11 ARTICLE 2 DEFINITIONS Draft Land Development Regulations – Definitions associated with Environmental Protection Standards patches of habitat that vary in size and isolation separated by developed or, generally, non-forested lands. The reduction in size of significant wildlife habitat as a result of fragmentation can disrupt wildlife corridors and render habitat unsuitable for certain species of plants and animals. … Primary Agricultural Soils. Soils classified by the Natural Resources Conservation Service as prime or statewide important soils for agriculture production. [NOTE: REPLACED WITH AGRICULTURAL SOILS OF PRIME IMPORTANCE] … Rare, Threatened or Endangered Species. A wildlife or plant species identified by the Vermont Department of Fish & Wildlife as being rare, threatened or endangered. … Scenic Viewshed. Views of the Green Mountains, Adirondack Mountains and Lake Champlain from both planned and existing public ways, shown in the Scenic View Protection Overlay District Map. [NEEDS FURTHER INFORMATION AND REFINEMENT THROUGH ONGOING STUDY] … Shoreland Protection Area. The area within 250 feet, measured horizontally, of mean water level on lakes greater than 10 acres. The Lakeside Zone encompasses the first 100 feet back from mean water level. The Upland Zone starts at the edge of the Lakeside Zone (100 feet from mean water level) and extends an additional 150 feet to the outer boundary of the Protected Shoreland Area. … Significant Wildlife Habitat. DEFINITION TO BE DEVELOPED. SOME COMPONENTS THAT ARE TYPICALLY INCLUDED ARE ALREADY SEPARATELY INCLUDED AS PRIMARY CONSERVATION RESOURCES. OTHERS RELAY ON GENERALIZED DATA THAT WILL NEED TO BE SPECIFICALLY DEFINED SO AS TO BE ABLE TO IDENTIFY THROUGH FIELD DELNEATION. … Steep Slopes. Land characterized by a gradient between 15% and 25%. Very Steep Slopes. Land characterized by a gradient of 25% or greater. … 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. Nat Resources Page 12 ARTICLE 2 DEFINITIONS Draft Land Development Regulations – Definitions associated with Environmental Protection Standards 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. A seasonal stream that only flows for part of the year. All streams not defined as perennial streams are defined as intermittent streams. Stream, perennial. A watercourse or portion, segment, or reach of a watercourse, generally exceeding 0.5 square miles in watershed size, in which surface flows are not frequently or consistently interrupted during normal seasonal low flow periods. Perennial streams that begin flowing subsurface during low flow periods, due to natural geologic conditions, remain defined as perennial. A perennial stream shall not include the standing waters in wetlands, lakes, and ponds. … Water Source Protection Areas. Area of land that likely recharges or passes groundwater through it to the public water source. Groundwater Source Protection Area. The land area beneath which groundwater flows to a well, spring, or infiltration gallery. Zone 1 is the area immediately around the water source. This is the area where impacts from contamination are likely to be immediate and certain. For public community water systems, this area is generally 200’ around the well, spring, or infiltration gallery. Zone 2 includes the area where groundwater flows to the source from outside Zone 1 and where there would be probable impacts to the water supply if contamination were to occur. Surface Water Source Protection Areas. The watershed area contributing surface water and groundwater flow to the drinking water intake. Zone 1 is an area immediately around the drinking water withdrawal site. This is the area where impacts from contamination are likely to be immediate and certain. For public community water systems, this area is generally 200 feet around the intake. Zone 2 consists of areas within the watershed located within 200 feet of perennial surface water. Zone 2 is limited to a maximum extent of 17,000 acres. Land uses occurring within this zone are considered to have a greater potential to impact the source than the majority of the watershed. … 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. … 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 as 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 Nat Resources Page 13 ARTICLE 2 DEFINITIONS Draft Land Development Regulations – Definitions associated with Environmental Protection Standards document. Wetlands are classified as Class I, Class II, or Class III wetlands by the most recently adopted Vermont Wetland Rules. … 2.03 Definitions for Flood Hazard Purposes – SEE RIVER CORRIDOR AMENDMENTS Nat Resources Page 14 ARTICLE 12 SURFACE WATERENVIRONMENTAL PROTECTION STANDARDS CCRPC Initial Concept Draft – 4/5/2019 South Burlington Land Development Regulations 12-1 12 SURFACE WATERENVIRONMENTAL PROTECTION STANDARDS 12.01 General Protection Standards and Review Procedures for Primary and Secondary Conservation Areas 12.02 Stream and Surface Waters 12.03 Protected Shoreland 12.04 Wetland Protection Standards and Review Procedures 12.05 Stormwater Management 12.06 Steep Slopes 12.07 Rare, Threatened and Endangered Species 12.08 Water Source Protection Areas 12.09 Farm Parcels 10 Acres or Greater 12.10 Agricultural Soils of Prime Importance 12.11 Significant Wildlife Habitat 12.12 Forest Blocks 12.13 Scenic Resources 12.01 General Stream and Surface Water Protection Standards 12.02 Wetland Protection Standards and Review Procedures 12.03 Stormwater Management Standards 12.04 Stormwater Management Overlay District (SMO) [Reserved] 12.015 GeneralEcological Resource and Working Lands Protection Standards and Review Procedures for Primary and Secondary Conservation Areas A. Purpose. It is the purpose of this Section to provide appropriate protection to the City’s ecological resources, water quality, and working lands in order to reduce the ongoing loss of these resources. This section establishes application requirements and development standards designed to minimize and avoid undue adverse impacts to these resources. B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South Burlington’s adopted comprehensive plan and are in accord with the policies set forth therein. C. Primary and Secondary Conservation Areas. For the purposes of these regulations, resources are grouped into primary and secondary conservation areas. (1) Primary Conservation Areas are South Burlington’s highest priority natural resources. They include environmentally sensitive and hazardous areas that are off-limits to development, regardless of their setting or context. Primary conservation areas are to be excluded from development, except as specified in these regulations. Development shall avoid undue adverse impacts to primary conservation areas. Primary Conservation Areas are: a. Surface waters and required setbacks/buffers b. River corridors, regulated under Section 10.07 (in draft format) c. Class I and II wetlands and associated setback and buffer areas d. Mapped floodplains, regulated under Section 10.01 e. Slopes equal to or greater than 25% f. Rare, threatened and endangered species habitat (data source for application TBD in concert with CCRPC) Nat Resources Page 15 ARTICLE 12 SURFACE WATERENVIRONMENTAL PROTECTION STANDARDS CCRPC Initial Concept Draft – 4/5/2019 South Burlington Land Development Regulations 12-2 g. Water Source Protection Areas (Zone 1 as defined by the Vermont Department of Environmental Conservation) (2) Secondary Conservation Areas are South Burlington’s second highest priority natural resources. They include areas identified for conservation and protection. Development shall minimize undue adverse impacts to secondary conservation areas. Secondary Conservation Areas are: a. Scenic areas b. Protected Shoreland Areas c. Significant Wildlife Habitat [to be defined] d. Class III Wetlands e. Agricultural Soils of Prime Importance f. Forest blocks, ½ acre or greater g. Farm parcels, 10 acres or greater h. Drainage ways and associated setback and buffer areas i. Water source protection areas (Zone 2 as defined by the Vermont Department of Environmental Conservation) a.j. Slopes 15-25% C. Applicability of Standards. All land uses and development requiring Development Review Board approval shall comply with is subject to the provisions of this Article, to minimize adverse impacts on ecological resources, water quality and working lands, unless explicitly waived or amended in this section.Exemptions from Section 12.045 include: (1) All activities identified under Section 3.04 (G) (Farms, Farm Structures and Silvicultural Practices). (2) Accessory structures constructed or placed on existing maintained lawns or impervious surfaces approved in accordance with Section 3.10. (3) The expansion of an existing structure provided that the expansion, or the cumulative total of multiple expansions, does not exceed a total floor area of 100% of the structure in existence as of [date of enactment]. (4) Construction of fences (i) that enclose cleared areas, such as lawn areas surrounding a residence, provided the clearing occurred prior to [effective date of this provision] or was approved by the DRB in accordance with this chapter; or (ii) erected for standard agricultural purposes or, (iii) lower than 4-1/2 feet and that have at least 16 inches of clearance between the lowest horizontal part of the fence and the ground. In all cases, proposed fences shall comply with section 13.17 (Fences) of these Regulations. E. Review Consultation. In reviewing applications for development, the DRB may consult with personnel from the Vermont Department of Fish & Wildlife to assist with the project review. In addition, the Development Review Board may require an applicant to pay for reasonable costs of an independent technical review of the application. The Development Review Board may table review of the application pending receipt of an independent technical review. 12.021 General Stream and Surface Waters Protection Standards Commented [EN1]: Flagged for PC discussion: 1. Is “all development requiring DRB review” the appropriate applicability for all of these resource protections? Should some of these resources only be projected for certain types of development? Should some of these resources be protected regardless of whether DRB review is required? Should other City policies be incentivized by allowing an exemption to some of these regulations (i.e. inclusionary zoning)? 2. Are there specific zoning districts that should be exempt (ex. City Center FBC districts)? 3. Should modifications to submission requirements and/or protection standards be allowed in specific locations? If so, which? Commented [RM2]: Flagged for Planning Commission discussion. We think this is a good threshold. But you may want to discuss if you agree. Nat Resources Page 16 ARTICLE 12 SURFACE WATERENVIRONMENTAL PROTECTION STANDARDS CCRPC Initial Concept Draft – 4/5/2019 South Burlington Land Development Regulations 12-3 A. Purpose. It is the purpose of this Section to provide for the protection and improvement of the surface waters and streams within the City of South Burlington, Lake Champlain and Shelburne Bay, and the watersheds contained wholly or partially within the City. These regulations and standards are intended to lead to the establishment and protection of natural areas along the City’s surface waters and within the city’s watersheds to provide improved protection for water quality and the provision of open space areas and wildlife habitat. It is the further purpose of this Section to provide for the retention of preexisting residential neighborhoods located along Lake Champlain and Potash Brook in a manner consistent with the resource protection goals of this Section and the Comprehensive Plan. B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of sSouth Burlington adopted comprehensive plan and are in accord with the policies set forth therein. C. Surface Water Buffer Standards (“Stream Buffers”) (1) Applicability. The requirements of this Section shall apply to all lands described as follows: (a) All land within one hundred (100) feet horizontal distance from the top of bank or top of slopeof the centerline of major streams, defined as of the Winooski River, Muddy Brook and the main stem of Potash Brook, with the exception of lands within the Queen City Park zoning district which shall be subject to the provisions of (D) below. (b) All land within one hundred (100) feet horizontal distance of the edge of the channel of the Winooski River (c) All land within fifty (50) feet horizontal distance of the centerlinefrom the top of bank or top of slope of any minor stream. (d) All land within ten (10) feet horizontal distance of the centerlinefrom the top of the bank or top of slope of a drainage way. (e) All land within one hundred fifty (150) feet horizontal distance of the high water elevation of Lake Champlain, which for purposes of these regulations shall be one hundred two (102) feet above mean sea level datum. CD. Application Submittal Requirements. In addition to the submittal requirements for the application type, the applicant’s Site Conditions Map shall include the locations of surface waters and associated buffers. Major and minor streams and associated buffers may be mapped with data from the Vermont Natural Resources Atlas. Drainage ways and associated buffers must be mapped through site-specific delineation. Mapping of these resources must be submitted at the time of initial application, or in the case of subdivisions or PUDs, no later than the preliminary application. E. Surface Water Buffer Standards (“Stream Buffers”) All applicable development shall be designed to avoid undue adverse impacts to major and minor streams and associated buffers, and to minimize undue adverse impacts to drainage ways and associated buffers, where these resources are present. (21) General standards. It is the objective of these standards to avoid undue adverse impacts from development on these resources, promote the establishment of heavily vegetated areas of native vegetation and trees in order to reduce the impact of stormwater runoff, reduce sedimentation, and increase infiltration and base flows in the City’s streams and Lake Champlain. Therefore, except as specifically permitted by the DRB pursuant to the standards in Section 12.01(C)(3), (C)(4), (D) and/or (E) below, all lands within a required stream buffer defined above shall be left in an undisturbed, naturally vegetated condition. Supplemental planting and landscaping with appropriate species of vegetation to Commented [EN3]: PC, DEC has advised us to include both top of bank and top of slope in the draft River Corridor regulations (draft Article 10.07). Both indicate the “edge” of a river or stream, but in different ways (see picture below). Do you want to add top of slope to these surface water standards? Jessica, any insights on best practices from an engineering perspective? Commented [EN4]: The appendix with detailed submission requirements will be updated with all information from this article once it’s finalized. Commented [EN5]: PC and Staff: is this the correct timing for submission for all resources? Nat Resources Page 17 ARTICLE 12 SURFACE WATERENVIRONMENTAL PROTECTION STANDARDS CCRPC Initial Concept Draft – 4/5/2019 South Burlington Land Development Regulations 12-4 achieve these objectives shall be permitted. The specific standards for the vegetation and maintenance of stream buffers are as follows: (a) The clearing of trees that are not dead, heavily damaged by ice storms or other natural events, or diseased, and the clearing of any other vegetation other than invasive species, is permitted only in conjunction with DRB approval pursuant to (3) or (4) below. (b) Any areas within a required stream buffer that are not vegetated or that are disturbed during construction shall be seeded with a naturalized mix of grasses rather than standard lawn grass, and shall not be mowed. (c) The creation of new lawn areas within stream buffers is not permitted after the effective date of these regulations. (d) Snow storage areas designated pursuant to site plan or PUD review shall not be located within stream buffers unless the applicant can demonstrate that: (i) There is no reasonable alternative location for snow storage on the same property. (ii) Measures such as infiltration areas have been incorporated into the site plan and/or stormwater treatment system to reduce the potential for erosion and contaminated runoff entering the associated stream as a result of snow melt. (e) The placing or storing of cut or cleared trees and other vegetation within the stream buffer is prohibited. (23) Expansion of pre-existing structures within stream buffers. The expansion of pre-existing structures within stream buffers, except as provided in Section D below, shall be permitted only in accordance with the standards for non-complying structures in Article 3, Section 3.11 of these Regulations. (43) New uses and encroachments within stream buffers. The encroachment of new land development activities into the City’s major and minor stream buffers shall be avoided is discouraged. The DRB may authorize the following as conditional uses within stream buffers, subject to the standards and conditions enumerated for each use. The DRB may grant approvals pursuant to this section as part of PUD review without a separate conditional use review. (a) Agriculture, horticulture and forestry including the keeping of livestock, provided that any building or structure appurtenant to such uses is located outside the stream buffer. (b) Clearing of vegetation and filling or excavating of earth materials, only to the extent directly necessitated for the construction or safe operation of a permitted or conditional use on the same property and where the DRB finds that: (i) There is no practicable alternative to the clearing, filling or excavating within the stream buffer; and (ii) The purposes of this Section will be protected through erosion controls, plantings, protection of existing vegetation, and/or other measures. (c) Encroachments necessary to rectify a natural catastrophe for the protection of the public health, safety and welfare. (d) Encroachments necessary for providing for or improving public facilities. (e) Public recreation paths, located at least twenty five (25) feet from the edge of channel of the surface water. Nat Resources Page 18 ARTICLE 12 SURFACE WATERENVIRONMENTAL PROTECTION STANDARDS CCRPC Initial Concept Draft – 4/5/2019 South Burlington Land Development Regulations 12-5 (f) Stormwater treatment facilities meeting the Vermont Agency of Natural Resources stormwater treatment standards, and routine maintenance thereof, including necessary clearing of vegetation and dredging. Evidence of a complete application to the VANR for coverage under the applicable permitting requirements shall be required to meet this criterion for encroachment into a stream buffer. (g) Roadways or access drives for purposes of crossing a stream buffer area to gain access to land on the opposite side of the buffer, or for purposes of providing safe access to an approved use, in cases where there is no feasible alternative for providing safe access and the roadway or access drive is located at least twenty five (25) feet from the edge of the channel of the surface water for all water bodies listed in section 10.01(C)(1)(a) and (b) and ten (10) feet from the edge of channel of the surface water of all other streams. (h) Utility lines, including power, telephone, cable, sewer and water, to the extent necessary to cross or encroach into the stream buffer where there is no feasible alternative for providing or extending utility services. (i) Outdoor recreation, provided any building or structure (including parking and driveways) appurtenant to such use is located outside the stream buffer. (j) Research and educational activities provided any building or structure (including parking and driveways) appurtenant to such use is located outside the stream buffer. (k) Hydro-electric power generation GE. Watercourse Alteration and Relocation. (1) The alteration or relocation of a watercourse is permitted subject to the approval of the Development Review Board provided the alteration or relocation: (a) Is needed to accomplish a clear public purpose or objective; (b) Will not reduce the ability of the watercourse to carry or store flood waters adequately; (c) Will not have an adverse impact on downstream or upstream water quality; (d) Will not affect adversely the use and enjoyment of adjacent properties; (e) Will not affect adversely the habitat value of the watercourse or immediately adjacent areas or wetlands. (2) In making findings relative to these criteria, the DRB shall be authorized to invoke technical review by a professional in hydrology or geomorphology, and/or to rely on the issuance of a Stream Alteration Permit issued by the Vermont Department of Environmental Conservation as evidence that the above criteria have been met. (3) The South Burlington Natural Resources Committee shall in a timely manner review and make advisory comments to the DRB on any application made pursuant to this section. F. Floodplain. All development located in the Floodplain Overlay District is also subject to the requirements of Article 10.01. G. River Corridor. All development located in the River Corridor Overlay District is also subject to the requirements of Article 10.07. Nat Resources Page 19 ARTICLE 12 SURFACE WATERENVIRONMENTAL PROTECTION STANDARDS CCRPC Initial Concept Draft – 4/5/2019 South Burlington Land Development Regulations 12-6 12.03 Protected Shoreland Area PC, this is a placeholder to replace current section 12.01D, “Pre-existing structures along Lake Champlain and within Queen City Park.” Needs additional research G. Watercourse Alteration and Relocation. (1) The alteration or relocation of a watercourse is permitted subject to the approval of the Development Review Board provided the alteration or relocation: (a) Is needed to accomplish a clear public purpose or objective; (b) Will not reduce the ability of the watercourse to carry or store flood waters adequately; (c) Will not have an adverse impact on downstream or upstream water quality; (d) Will not affect adversely the use and enjoyment of adjacent properties; (e) Will not affect adversely the habitat value of the watercourse or immediately adjacent areas or wetlands. (2) In making findings relative to these criteria, the DRB shall be authorized to invoke technical review by a professional in hydrology or geomorphology, and/or to rely on the issuance of a Stream Alteration Permit issued by the Vermont Department of Environmental Conservation as evidence that the above criteria have been met. (3) The South Burlington Natural Resources Committee shall in a timely manner review and make advisory comments to the DRB on any application made pursuant to this section. 12.034 Wetland Protection Standards and Review Procedures A. Purpose. It is the purpose of this Section to provide appropriate protection of the City’s wetland resources in order to protect wetland functions and values related to surface and ground water protection, wildlife habitat, and flood control. B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of Ssouth Burlington adopted comprehensive plan and are in accord with the policies set forth therein. C. Wetlands Map and Applicability and Wetlands Mapof Standards. (1) All Class I and Class II wetland areas within the City of South Burlington, whether identified by the most recent Vermont Significant Wetlands Inventory on the map entitled “Wetlands Map” as set forth in Section 3.02 of these regulations or as identified through field delineation, and a buffer area fifty (50) feet horizontal distance surrounding the boundary of any such wetland, shall be subject to the provisions of this section. (2) In the absence of site-specific delineations, the City’s Wetlands Map shall control as to the location of wetlands and wetland buffer areas subject to the provisions of this section. (2) All Class III wetland areas within the City of South Burlington, as identified through field delineation, shall be subject to the provisions of this section. Commented [RM6]: Make sure this is also deleted in Section 3.02. Nat Resources Page 20 ARTICLE 12 SURFACE WATERENVIRONMENTAL PROTECTION STANDARDS CCRPC Initial Concept Draft – 4/5/2019 South Burlington Land Development Regulations 12-7 D. Application Submittal Requirements and Review of Field Delineation and Wetlands Report (1) For all properties for which any application for development requiring DRB review is made, and on which any wetland areas are indicated on the Wetlands MapVermont Significant Wetland Inventory or field identified, in addition to the submittal requirements for the application type, the applicant’s Site Conditions Map shall include applicants are strongly encouraged to submit site specific field delineations indicating the location, classification, functions and values of all wetland areas (Class I, II and III) and an associated fifty (50) foot buffer area. In the absence of such site-specific delineations and information, the City’s Wetlands Map shall control. (2) Applicants are encouragedshall to submit a field delineation and wetlands report at the time of initial application, or in the case of subdivisions or PUDs, no later than the preliminary applicationas early in the development review process as possible. (3) The DRB shall have the authority to invoke technical review by a qualified wetlands consultant of any field delineation and wetlands report. The City’s wetlands consultant shall submit an evaluation of the field delineation and wetlands report addressing the proposed development’s consistency with the standards in (D) above, and outlining the following: (a) Measures that can be taken to improve the overall effect of the project on wetland resources without altering the layout of the proposed project. (b) Measures that can be taken to improve the overall effect of the project on wetland resources that involve altering the layout of the proposed project. E. Standards for Wetlands Protection (1) Consistent with the purposes of this Section, development shall avoid undue adverse impacts to Class I and Class II wetlands and their associated buffers and minimize undue adverse impacts to Class III wetlands and their associated buffers encroachment into wetlands and buffer areas. is generally discouraged. (2) Encroachment into Class II wetlands is permitted by the City only in conjunction with issuance of a Conditional Use Determination (CUD) by the Vermont Department of Environmental Conservation and positive findings by the DRB pursuant to the criteria in (3) below. (3) Encroachment into Class II wetland buffers, Class III wetlands and Class III wetland buffers, may be permitted by the DRB upon finding that the proposed project’s overall development, erosion control, stormwater treatment system, provisions for stream buffering, and landscaping plan achieve the following standards for wetland protection: (a) The encroachment(s) will not adversely affect the ability of the property to carry or store flood waters adequately; (b) The encroachment(s) will not adversely affect the ability of the proposed stormwater treatment system to reduce sedimentation according to state standards; (c) The impact of the encroachment(s) on the specific wetland functions and values identified in the field delineation and wetland report is minimized and/or offset by appropriate landscaping, stormwater treatment, stream buffering, and/or other mitigation measures. (4) When laying out a subdivision, building lot lines and building envelopes shall be configured to avoid fragmentation of Class I and Class II wetlands and their associated buffers, and to retain connectivity between these wetlands Commented [EN7]: Flagged for PC discussion: is this the right timeline? Commented [EN8]: Flagging for PC review: Are you considering building envelopes for all development or only for subdivision? Nat Resources Page 21 ARTICLE 12 SURFACE WATERENVIRONMENTAL PROTECTION STANDARDS CCRPC Initial Concept Draft – 4/5/2019 South Burlington Land Development Regulations 12-8 (5) When laying out a subdivision, building lot lines and building envelopes are prohibited within Class I and Class II wetlands and associated buffers, except as necessary to accommodate resource-dependent facilities (e.g., water and wastewater treatment facilities, public or community recreation facility). (6) When laying out a subdivision, the fragmentation of Class III wetlands and associated buffers should be minimized. 12.053 Stormwater Management Standards 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. A. Scope and Applicability (1) These regulations shall apply to all land 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 12.03. (3) Applications meeting the criteria set forth in section 12.03(B)(1) and not exempt under section 12.03(B)(2) shall meet the requirements in section 12.03(C) 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 12.03(C). All new impervious surface area must meet the requirements of section 12.03(C). (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 12.03(C). All new impervious surface area must meet the requirements of Section 12.03(C). Commented [EN9]: Flagging for PC review: Should subdivision standards be included in here, with the intention that this section is referenced in the subdivision article? Nat Resources Page 22 ARTICLE 12 SURFACE WATERENVIRONMENTAL PROTECTION STANDARDS CCRPC Initial Concept Draft – 4/5/2019 South Burlington Land Development Regulations 12-9 B. Site Design Requirements fFor New Development (1) The Water Quality Volume (WQv) as defined in the Vermont Stormwater Management Manual for the lot or parcel’s impervious surfaces shall not leave the lot via overland runoff, and shall be infiltrated using Low Impact Development (LID) practices including, but not limited to, practices detailed in the “South Burlington Low Impact Development Guidance Manual”. (a) If it is not possible to infiltrate the volume of stormwater runoff specified in Section 12.03(C)(1) due to one or more of the following constraints: (i) Seasonally high or shallow groundwater as defined in Appendix D1 of the Vermont Stormwater Management Manual, (ii) Shallow bedrock as defined in Appendix D1 of the Vermont Stormwater Management Manual, (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 Section 2.6 of the Vermont Stormwater Management Manual, 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 retained on the lot using other LID strategies and practices such as those detailed in the “South Burlington Low Impact Development Guidance Manual”, or treated by stormwater treatment practices meeting the Water Quality Treatment Standard as described in the most recently adopted version of the Vermont Stormwater Management Manual. (2) The post-construction peak runoff rate for the one-year, twenty-four hour (2.1 inch) 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. LID practices shall be incorporated into the design as necessary to achieve the maximum allowed runoff rate. If constraints prevent the use of LID practices (see Section 12.03(C)(1)(a)), stormwater treatment practices detailed in the Vermont Stormwater Management Manual may be used to achieve the required post construction runoff rate. (3) Applicants who demonstrate that the required control and/or treatment of stormwater runoff per section 12.03(C)(1) and 12.03(C)(2) cannot be achieved for areas subject to these regulations per section 12.03(B) may utilize “site balancing”. C. Additional Site Plan Requirements (1) Applicants required to comply with Section 12.03(C) must include the following information in their site plan submission: (a) Sub-watershed boundaries and drainage area delineations for all stormwater treatment practices. (b) Location, type, material, size, elevation data, and specifications for all existing and proposed stormwater collection systems, culverts, detention basins, LID installations, and other stormwater treatment practices. (c) Soil types and/or hydrologic soil group, including the results of any soil borings, infiltration testing, or soil compaction testing. Nat Resources Page 23 ARTICLE 12 SURFACE WATERENVIRONMENTAL PROTECTION STANDARDS CCRPC Initial Concept Draft – 4/5/2019 South Burlington Land Development Regulations 12-10 (d) A brief written description of the proposed stormwater treatment and management techniques. Where LID design approaches are not proposed (see Section 12.03(C)(1)(a)), the applicant shall provide a full justification and demonstrate why the use of LID approaches is not possible before proposing to use conventional structural stormwater management measures. (e) A detailed maintenance plan for all proposed stormwater treatment practices. (f) Modeling results that show the existing and post-development hydrographs for the WQv (0.9- inch) and the one-year, twenty-four hour (2.1-inch) rain event. Any TR-55 based model shall be suitable for this purpose. D. Drainage Structures (1) Removal of Runoff – The applicant shall remove any impervious surface runoff that exists as a result of the proposed land development. Drainage facilities shall be located in the street right-of-way where feasible. All drainage facilities shall be designed in accordance with Public Works Standards and Specifications. Drainage facilities shall also conform to the provisions of Section 12.01 Surface Water Buffer Standards (“Stream Buffers”). (2) Drainage Structures To Accommodate Upstream Development – Culverts 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 (4.0 inch) rain event. The applicant’s engineer shall provide such information as the Stormwater Superintendent or his designee deems necessary to determine the adequacy of all drainage structures. (3) Responsibility for Downstream Drainage Structures – The applicant shall provide the Stormwater Superintendent or his designee with such information as the Superintendent deems necessary to determine the effects of the application on drainage structures located downstream of the applicant’s lot or the parcel subject to the application, notwithstanding whether these structures are located on land owned or controlled by the applicant. This analysis shall be conducted using the twenty-five year, twenty- four hour (4.0-inch) storm event. In instances where the Superintendent anticipates that additional runoff incident to the application 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. 12.04 Stormwater Management Overlay District (SMO) [Reserved] (1)12.06 Steep Slopes Standards. A. Purpose. It is the purpose of this Section to provide appropriate protection of areas of steep and very steep slopes in order to prevent erosion that may cause adverse impacts to water quality or hazards to life and property. B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of Ssouth Burlington adopted comprehensive plan and are in accord with the policies set forth therein. Nat Resources Page 24 ARTICLE 12 SURFACE WATERENVIRONMENTAL PROTECTION STANDARDS CCRPC Initial Concept Draft – 4/5/2019 South Burlington Land Development Regulations 12-11 C. Applicability. All development requiring DRB review is subject to the standards below where steep slopes or very steep slopes are present. D. Application Submittal Requirements. In addition to the information and data required for the relevant application type, the applicant’s Site Conditions Map shall include locations of the following on or within 200 feet of the project site: (1) Areas of steep slope (slopes between 15% and 25%) (2) Areas of very steep slope (slopes 25% or greater) E. Development Standards. (1) Very Steep Slopes Standards. All applicable development shall be designed to avoid undue adverse impacts to slopes in excess of 25%. Methods for avoiding such undue adverse impacts may include but are not limited to: (a) Excavation and filling on slopes in excess of 25% shall be avoided. (b) In the event that development will impact areas of very steep slopes, the DRB may require i. A hydrologic study prepared by a qualified professional, to be paid for by the applicant, to determine the effects of proposed development on surface waters, wetlands, special flood hazard areas and downstream facilities in the vicinity of the project, and recommended mitigation measures. ii. A stormwater management, erosion prevention and sediment control plan. (c) Building envelopes shall be configured to exclude these features. (d) When laying out a subdivision, building lot lines and building envelopes shall be configured to avoid fragmentation of areas of very steep slopes. (e) During subdivision, areas of very steep slopes should be maintained as open space. (2) Steep Slope Standards. All applicable development shall be designed to minimize undue adverse impact to steep slopes greater than 15%. Methods for minimizing such adverse impacts include but may not be limited to: (a) In the event that the placement of driveways, access roads or utility corridors on areas of steep slopes is necessary to achieve the most desirable subdivision design or site layout, development shall use or share existing accesses and rights-of-way where feasible; follow existing contours to the extent practical to achieve angled ascents, and avoid areas of very steep slope. (b) Building envelopes should be located to exclude these features where possible. (c) In the event that development on slopes 15% or greater is necessary to achieve the most desirable subdivision design or site layout, the Development Review Board may limit clearing, excavation and filling on such lands to the greatest extent practical, and may require the preparation and implementation of an erosion control plan for the property, in accordance with Section 16, as a condition of approval. (d) During subdivision, lot lines should be configured to avoid fragmentation of areas of steep slopes. (e) During subdivision, areas of steep slopes should be maintained as open space. Commented [EN10]: Flagged for PC discussion: Or, maintained as open space when contiguous? Depending on the site, there could be small pockets of these slopes scattered across the sites. Nat Resources Page 25 ARTICLE 12 SURFACE WATERENVIRONMENTAL PROTECTION STANDARDS CCRPC Initial Concept Draft – 4/5/2019 South Burlington Land Development Regulations 12-12 12.07 Rare, Threatened and Endangered Species A. Purpose. It is the purpose of this Section to provide appropriate protection to rare, threatened or endangered plant or animal habitat. B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South Burlington adopted comprehensive plan and are in accordance with the policies set forth therein. C. Applicability. All development requiring DRB review is subject to the standards below where rare, threatened or endangered species habitat is present. D. Application Submittal Requirements. In addition to the submittal requirements for the application type, the applicant’s Site Conditions Map shall include the locations of rare, threatened and endangered species on or within 200 feet of the project site. During Sketch Plan review, data from the Vermont Natural Resources Atlas may be used. If the Vermont Natural Resources Atlas shows the potential for rare, threatened and endangered species, a written opinion confirming the presence or absence of rare, threatened or endangered species will be required from the Vermont Fish and Wildlife Department or a qualified wildlife biologist or ecologist. The applicant must provide the Vermont Fish and Wildlife Department with a map and site plan showing the mapped location of the rare, threatened and endangered species in relation to the proposed development. If a rare, threatened or endangered species is present, the applicant must obtain a written opinion from the Vermont Fish and Wildlife Department indicating what measures must be taken to assure that the proposed development will not result in [undue?] adverse impacts to the rare, threatened or endangered species. E. Development Standards. All development shall be designed to avoid undue adverse impacts to rare, threatened and endangered species. (1) All applicable development shall be designed to avoid any [undue?] adverse impacts to any rare, threatened or endangered plant or animal habitat identified by the Vermont Department of Fish and Wildlife, or through site investigation. a. Building envelopes shall be located to exclude identified areas supporting rare, threatened and endangered species. b. Specific measures identified by the Fish and Wildlife Department’s written opinion may be required. c. The presence of an endangered or threatened species may require an Endangered and Threatened Species Permit from the State of Vermont. 12.08 Water Source Protection Areas A. Purpose. It is the purpose of this Section to provide appropriate protection of areas of ground and surface water recharge in order to protect the quality of public water supplies. B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of Ssouth Burlington adopted comprehensive plan and are in accord with the policies set forth therein. C. Applicability. All development requiring DRB review is subject to the standards below where Zone 1 and Zone 2 Water Source Protection Areas are present. Commented [EN11]: For PC review: VNRC suggests this language to indicate a higher level of protection for rare, threatened and endangered species than what’s currently called for re: any other resource in this draft (protecting from any adverse impact, rather than any undue adverse impact). CCRPC staff agree under this framework where an applicant can confirm the presence of these species, rather than relying only on the inaccurate ANR atlas (i.e. the entire airport is covered under this data layer). However, it might be useful to reword it more clearly in future drafts (ex. “development shall not impact RTE species habitat”). Commented [EN12]: PC, I recommend making this apply to both groundwater and surface water source protection areas, to ensure that the groundwater system serving the Queen City Park neighborhood is also included. Melanie has added this groundwater SPA to the map viewer. Commented [EN13]: PC: I will continue working with DEC staff to confirm the best practices for regulating source protection areas. Nat Resources Page 26 ARTICLE 12 SURFACE WATERENVIRONMENTAL PROTECTION STANDARDS CCRPC Initial Concept Draft – 4/5/2019 South Burlington Land Development Regulations 12-13 D. Application Submittal Requirements. In addition to the information and data requirements for the application type, the applicant’s Site Conditions Map shall include the locations of Zone 1 and Zone 2 Water Source Protection Areas, as shown on the Vermont Natural Resources Atlas or in the Source Protection Plan for the water system. E. Development Standards. All development shall be designed to protect the quality of public water supplies. (1) Zone 1 Water Source Protection Areas: All development shall avoid undue adverse impacts to Zone 1 water source protection areas. a. Methods for avoiding adverse impacts to Zone 1 water source protection areas include but may not be limited to: i. No development shall be allowed within a Zone 1 water source protection area, except for activities, structures and uses that directly relate to the water system. ii. To the extent physically feasible, all on‐site septic systems, including leach fields, shall be located outside of Zone 1 water source protection areas. (2) Zone 2 Water Source Protection Areas: All development shall minimize undue adverse impacts to Zone 2 water source protection areas. All development within designated source protection areas, except for agriculture, forestry, single- and two-family dwellings, associated accessory uses and structures, and uses that are specifically prohibited under Article 12.08 (E)(1)(iv), shall be subject to conditional use review by the Development Review Board under Article 14.10, to include findings that: a. The proposed development is consistent with the Source Protection Plan as most recently adopted and approved by the state, does not include a prohibited activity or use under Subsection B, and does not present a threat to the public water supply. b. There shall be no on‐site discharge of hazardous materials from floor drains; all floor drains will drain into holding tanks. c. All drainage ways and sediment traps shall be regularly maintained in full working order by the owner. d. Site clearing and disturbance, and on‐site paving, roofing, and other impervious surfaces that increase surface runoff and limit water infiltration and recharge, are minimized. All runoff from impervious surfaces shall be diverted to areas covered with vegetation for surface infiltration. e. The storage and application of fertilizers, pesticides, herbicides and other chemicals shall comply with all state and federal regulations and best management practices. f. Above ground storage tanks for oil, gasoline or other petroleum products shall be placed in a building or other impervious containment area to prevent spills and leaks from reaching groundwater g. The use of sodium chloride for ice control shall be minimized. (3) The following uses and activities are specifically prohibited within Zone 1 source protection areas: a. Operations, including home based businesses, which manufacture, use, process, store or dispose of hazardous materials or wastes in amounts that could threaten public water supplies, including but not limited to metal plating, chemical manufacturing, wood preserving, photographic processing, motor vehicle service, auto body repair, furniture stripping, and dry-cleaning materials. b. Solid and hazardous waste landfills, storage and transfer facilities, dumps, and salvage yards. c. Outdoor storage of salt, de‐icing materials, snow dumps, pesticides or herbicides. d. The storage or spreading of sludge from wastewater treatment facilities. Commented [EN14]: PC: I will continue working with DEC staff to confirm the best practices for regulating source protection areas. Commented [EN15]: Flagged for PC review – as noted above, I will continue to coordinate with DEC on best practices. Nat Resources Page 27 ARTICLE 12 SURFACE WATERENVIRONMENTAL PROTECTION STANDARDS CCRPC Initial Concept Draft – 4/5/2019 South Burlington Land Development Regulations 12-14 e. Cemeteries. f. The storage of unregistered vehicles, unless stored in an enclosed structure and parked on an impervious surface or drained of all fluids. g. Installation of floor drains or sumps that discharge directly to the ground. h. Underground storage tanks, and above ground storage tanks that lack an adequate impervious containment area. 12.09 Farm Parcels 10 Acres or Greater A. Purpose. It is the purpose of this Section to provide appropriate protection to farms operating on 10 acres or greater that are currently in use for farming. B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South Burlington adopted comprehensive plan and are in accordance with the policies set forth therein. C. Applicability. All development requiring DRB review is subject to the standards below where farm parcels 10 acres or greater are present. D. Application Submittal Requirements. In addition to the submittal requirements for the application type, the applicant’s Site Conditions Map shall include the location of areas that are currently being farmed [SOURCE?]. E. Development Standards. Farm parcels 10 acres or larger are secondary conservation areas. (1) All applicable development shall be designed to minimize undue adverse impacts to farm parcels 10 acres or larger. Methods for minimizing such adverse impacts include, but may not be limited to, the following: (a) Building envelopes shall be located and configured to minimize the development of farm parcels 10 acres or larger, and subdivision boundaries shall avoid fragmentation of farm parcels 10 acres or larger unless the farmed portion of the subdivided parcels will remain available for future agricultural production. (b) Lot lines, building envelopes, access roads, driveways and utility corridors should be clustered to avoid the fragmentation of farm parcels 10 acres or larger. Where there is no practical alternative to the development of farm parcels 10 acres or larger because of the presence of other primary or secondary resources, development should be limited to the least productive portion of the lot. The Development Review Board is encouraged to grant reduced minimum building setbacks or modifications to other dimensional standards as a means of avoiding impacts to farm land through Planned Unit Development approval under Section 15 of the South Burlington Land Development Regulations. (c) Vegetated buffers may be required between agricultural operations and other uses to minimize land use conflicts. Commented [EN16]: Flagged for PC review Nat Resources Page 28 ARTICLE 12 SURFACE WATERENVIRONMENTAL PROTECTION STANDARDS CCRPC Initial Concept Draft – 4/5/2019 South Burlington Land Development Regulations 12-15 12.10 Agricultural Soils of Prime Importance A. Purpose. It is the purpose of this Section to provide appropriate protection to agricultural soils. B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South Burlington adopted comprehensive plan and are in accordance with the policies set forth therein. C. Applicability. All development requiring DRB review is subject to the standards below where agricultural soils of prime importance are present. D. Application Submittal Requirements. In addition to the submittal requirements for the application type, the applicant’s Site Conditions Map shall include the locations of agricultural soils of prime importance. Data from the Vermont Natural Resources Atlas may be used during Sketch Plan review. If the Vermont Natural Resources Atlas indicates the presence of agricultural soils of prime importance, a site specific delineation will be required during later phases of review, unless it is determined at Sketch review that agricultural operations are not feasible. E. Development Standards. Agricultural soils of prime importance are secondary conservation areas. (2) All applicable development shall be designed to minimize undue adverse impacts agricultural soils of prime importance. Methods for minimizing such adverse impacts include, but may not be limited to, the following: (a) Building envelopes shall be located and configured to minimize the development of prime agricultural soils, and subdivision boundaries shall not fragment land characterized by agricultural soils of prime importance unless the parcel, due to site conditions or prior disturbance, is not viable for future agricultural management, or unless the portion of the subdivided parcels characterized by the soils will remain available for future agricultural production. (b) Lot lines, building envelopes, access roads, driveways and utility corridors should be clustered to avoid the fragmentation of land characterized by prime agricultural soils. Where there is no practical alternative to the development of prime agricultural soils because of the presence of other primary or secondary resources, development should be limited to the least productive portion of the lot. The Development Review Board is encouraged to grant reduced minimum building setbacks or modifications to other dimensional standards as a means of avoiding impacts to farm land through Planned Unit Development approval under Section 15 of the South Burlington Land Development Regulations. (c) Vegetated buffers may be required between agricultural operations and other uses to minimize land use conflicts. 12.11 Significant Wildlife Habitat A. Purpose. It is the purpose of this Section to provide appropriate protection to significant wildlife habitat. B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South Burlington adopted comprehensive plan and are in accordance with the policies set forth therein. Commented [EN17]: PC: In the City’s 2013 Sustainable Agriculture Report, “Agricultural Soils in South Burlington Available for Farming” are mapped. Would that be a good fit for this instead of all agricultural soils of prime importance? It’s also broken down by category. Page 23 here has the map: http://www.southburlingtonvt.gov/Planning/Regula tions%20&%20Plans/Sustainable%20Agriculture%20 Report%20April%202013.pdf Commented [EN18]: Flagged for PC review Nat Resources Page 29 ARTICLE 12 SURFACE WATERENVIRONMENTAL PROTECTION STANDARDS CCRPC Initial Concept Draft – 4/5/2019 South Burlington Land Development Regulations 12-16 C. Applicability. All development requiring DRB review is subject to the standards below where significant wildlife habitat is present. D. Application Submittal Requirements. In addition to the submittal requirements for the application type, the applicant’s Site Conditions Map shall include the locations of each component of significant wildlife habitat on or within 200 feet of the project site, as shown on the Vermont Natural Resources Atlas, more specific studies, or field delineation. If the Vermont Natural Resources Atlas shows the potential for significant wildlife habitat, the applicant shall contract with a qualified wildlife biologist or ecologist to prepare a Habitat Disturbance Assessment (HDA). If applicable, a Site Plan and Preliminary subdivision or Planned Unit Development application shall not be considered complete until the HDA has been submitted to the DRB. An applicant may provide additional information regarding the ecological and wildlife values associated with a parcel and the likely impacts of development. The HDA prepared for the DRB shall include: (a) An inventory of existing (pre-development) wildlife habitat found on the site, including the presence of significant wildlife habitat, the specific types of habitat 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; (b) An assessment of the relationship of the habitat found on the site relative to other significant wildlife habitat present in the town (e.g., does habitat found on the parcel provide for connectivity between core habitat blocks; is the parcel located contiguous to other significant wildlife habitat, or part of a core habitat block); (c) Identification of the distance of all proposed development activities, including clearing, driveways and infrastructure (e.g., septic systems) and areas of disturbance, from the significant habitat and, if significant habitat is proposed to be disturbed, the total area of disturbance and the total area of the remaining (undisturbed) habitat; (d) 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 areas of core habitat will be disrupted; and (e) A statement identifying specific measures taken to avoid or minimize the proposed development’s impact on the habitat, including possible replacement or provisions for substitute habitats that serves a comparable ecological function to the impacted habitat. E. Development Standards. Areas of significant wildlife habitat are secondary conservation areas. All applicable development shall be designed to minimize undue adverse impacts to areas of significant wildlife habitat. Methods for minimizing such undue adverse impacts include but may not be limited to: (a) Any specific measures identified in the Habitat Disturbance Assessment. (b) Minimize the encroachment of development, including site disturbance, the placement of buildings, and the extension of roads, driveways and utilities, into areas of significant wildlife habitat. Development shall be located as close to existing roads as is possible given development options for the site. (c) To the maximum extent possible, significant wildlife habitat that is contiguous to significant habitat on adjoining properties shall be designated as open space during subdivision. Nat Resources Page 30 ARTICLE 12 SURFACE WATERENVIRONMENTAL PROTECTION STANDARDS CCRPC Initial Concept Draft – 4/5/2019 South Burlington Land Development Regulations 12-17 (d) Incorporate management plans for significant wildlife habitat on the parcel to ensure that the parcel continues to support existing ecological functions after development. (e) In the event that the area of significant wildlife habitat is identified as supporting one or more specific species as identified in the Habitat Disturbance Assessment, a buffer that is adequate to protect that habitat from the impacts of development and associated activities may be required. (f) In the event that the area of significant wildlife habitat is identified as providing connectivity for wildlife, development shall minimize disruption and fragmentation of the identified corridor, and ensure that the development will not prevent the continued use by wildlife species identified in the Habitat Disturbance Assessment as being dependent on the corridor to travel between areas of core habitat. i. Avoid any placement of fences, walls, or substantial changes in grade that would disrupt the movement of wildlife within the corridor. ii. Cluster development to minimize impact on the corridor and avoid encroachment and associated fragmentation along the connectivity corridor travel ways. (f) Incorporate management plans (e.g., tree cutting or mowing restrictions) to maintain, to the greatest extent practical, the ongoing use of the parcel for significant wildlife habitat on the parcel to ensure that the parcel continues to support wildlife travel between areas of core habitat after development. (g) In the event that the parcel includes no land that is practical for development except identified connectivity corridor, the proposed development shall be designed to minimize the impact of the development on the continued viability of the wildlife corridor. 12.12 Forest Blocks A. Purpose. It is the purpose of this Section to provide appropriate protection to forest blocks ½ acre or greater. B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South Burlington adopted comprehensive plan and are in accordance with the policies set forth therein. C. Applicability. All development requiring DRB review is subject to the standards below where forest blocks ½ acre or greater are present. D. Application Submittal Requirements. In addition to the submittal requirements for the application type, the applicant’s Site Conditions Map shall include the locations of forest blocks ½ acre or greater on or within 200 feet of the project site, as shown with aerial photography from the Vermont Natural Resources Atlas or a more recent source. Commented [EN19]: PC: Perhaps the South Burlington Tree Canopy Report from UVM would be a better data source for this? Nat Resources Page 31 ARTICLE 12 SURFACE WATERENVIRONMENTAL PROTECTION STANDARDS CCRPC Initial Concept Draft – 4/5/2019 South Burlington Land Development Regulations 12-18 E. Development Standards. Forest blocks ½ acre or greater are secondary conservation areas. All applicable development shall be designed to minimize undue adverse impacts to forest blocks ½ acre or greater. Methods for minimizing such undue adverse impacts include but may not be limited to: (a) The subdivision of forest land shall, to the extent practical, be configured to allow for ongoing forest management of the parcel after subdivision. Lot boundaries and development envelopes should be laid out to avoid unnecessary fragmentation of productive timber stands, and provision for forest management access should be a consideration of the final plan. (b) The Development Review Board may require setbacks and buffers from adjacent forest land greater than the setbacks and buffers set forth in the South Burlington Land Development Regulations to protect conserved open space, and significant wildlife habitat, and to avoid conflict between new residential development and existing or potential forestry activities on productive forest land (including land enrolled in the current use program within the previous 5 years). (c) Forest cover shall be maintained or established adjacent to proposed structures to interrupt the facade of buildings, provide a forested backdrop to structures, and/or soften the visual impact of new development as viewed from public roads and properties. The Development Review Board shall consider the location of proposed structures relative to existing vegetation, and may require additional planting and/or limit the amount of clearing adjacent to proposed development to provide screening and maintain a forested backdrop. A tree cutting, landscaping and/or forest management plan may be required to ensure that ridges and hill tops remain wooded, and to ensure that trees remain standing immediately adjacent to buildings to visually interrupt facades and reduce reflective glare, as viewed from off site. Such a plan shall address specific measures to be taken to ensure the survival and, if necessary, replacement of designated trees during or after site development and the installation of all site improvements. 12.13 Scenic Resources Placeholder. Needs more information from the Scenic Views project that is currently underway by the Open Space Committee. Nat Resources Page 32 Draft River Corridor Standards Nat Resources Page 33 ARTICLE 1 PURPOSE and TITLE South Burlington Land Development Regulations (CCRPC suggested edits, re: River Corridor) 1 PURPOSE and TITLE 1.01 Purpose and Compliance 1.02 Title 1.03 Separability 1.04 Effective Date of 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 will replace in its entirety the comprehensive revision of the City of South Burlington Land Development Regulations effective May 12, 2003 and as amended through July 16, 2018through Month Day, 2019. draftNat Resources Page 34 ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations (CCRPC suggested edits, re: River Corridor) 2 DEFINITIONS 2.01 Rules of Construction, Intent and Usage 2.02 Specific Definitions 2.03 Definitions for Flood Hazard 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. “Building” shall have the same meaning as “structure.” (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. (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” draftNat Resources Page 35 ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations (CCRPC suggested edits, re: River Corridor) 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. ……………….. ………………. ……………………. ………………………. 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 Abbreviations The following abbreviations shall be the shortened form of the word or phrase indicated, the definitions of which may also be included below: Ac. ........ acre/acreage AMP .... Appropriate Municipal Panel AO……………… Administrative Officer draftNat Resources Page 36 ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations (CCRPC suggested edits, re: River Corridor) ANR ..... Vermont Agency of Natural Resources BFE ...... Base flood elevation CFR ....... Code of Federal Regulations DRB ...... Development Review Board FEMA ... Federal Emergency Management Agency FIRM .... Flood Insurance Rate Map FHA ...... Flood Hazard Area FHBM .. Flood Hazard Boundary Map FHO ...... Flood Hazard Overlay District Ft. ........ Feet/foot LOMA .. Letter of Map Amendment LOMC ... Letter of Map Change LOMR ... Letter of Map Revision NA ....... Not applicable NAI ....... No adverse impact NFIP ..... National Flood Insurance Program RAPs ..... Required Agricultural Practices RCO ...... River Corridor Overlay District SF .......... Square feet VSA ....... Vermont Statutes Annotated VT ......... Vermont ZBA........ Zoning Board of Adjustment The following definitions shall apply to all lands within the Floodplain and River Corridor Overlay District. Accessory dwelling. An efficiency or one-bedroom apartment that is clearly subordinate to a single-family dwelling, and has facilities and provisions for independent living, including sleeping, food preparation, and sanitation. See 24 V.S.A. § 4412(1)(E) for more information. Accessory structure. A structure which is: 1) detached from and clearly incidental and subordinate to the principal use or structure on a lot, 2) located on the same lot as the principal structure or use, 3) clearly and customarily related to the principal structure or use, and 4) only used for vehicle parking, storage, or primarily building access. Examples include, garages, garden and tool sheds, and playhouses, but do not include “accessory dwellings.” Area of special flood hazard. Synonymous in meaning with the term “special flood hazard area” for the purposes of this bylaw. 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 stream1. 1 These do not include state transportation networks or power generation and transmission utility networks subject to the Public Utility Commission jurisdiction, as those are exempt from municipal regulation and are regulated under the State Flood Hazard Area & River Corridor Rule; http://dec.vermont.gov/sites/dec/files/documents/wsmd-fha-and-rc-rule-adopted-2014-10-24.pdf draftNat Resources Page 37 ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations (CCRPC suggested edits, re: River Corridor) 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 periodic 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, on different schedules. Compensatory storage. A volume not previously used for flood storage and which shall be incrementally equal to the theoretical volume of flood water at each elevation, up to and including the base flood elevation, which would be displaced by the proposed project. Such compensatory volume shall have an unrestricted hydraulic connection to the same waterway or water body. Further, with respect to waterways, such compensatory volume shall be provided within the same reach of the river, stream, or creek. Construction trailer. A vehicle which is: (1) built on a single chassis; (2) 500 square feet or less when measured at the largest horizontal projection; (3) designed to be self-propelled or permanently towable; and (4) designed for use as a temporary office facility used to support management of a construction project, and not as a permanent structure. Critical facilities. Facilities that are vital to public health and safety Includinges police stations, fire and rescue facilities, hospitals, and public and private schools, shelters, nursing homes, and buildings associated with water supply and waste treatment 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 Commented [RM1]: Note to PC – currently your critical facility definition does not include “water and wastewater facilities” DEC is suggesting the language here, but this should be thought through carefully. From Rebecca Pfeiffer at DEC: “In our model, we do have the higher standard that specifically addresses new critical facilities being located in the 0.2% chance floodplain (500-year floodplain) as a way to steer critical facilities away from floodplain areas. The communities do not have to adopt this standard that keeps critical facilities from the 500-year floodplain, but we do recommend they consider it. The intent, though, is not to keep the non-building elements of the water supply/wastewater treatment facilities/stormwater treatment out of the 500-year floodplain, but the actual buildings themselves.” CCRPC have not looked at the associated Floodplain Regulations in light of this definition. We can if the PC wants to make this change. Commented [DA2]: DEC also notes that “A community may opt to expand the definition to include other structures as essential to the health and welfare of the population and that are especially important during and after a disaster. For example, the type and location of a business may raise its status to a critical facility, such as a grocery store or gas station.” Commented [DA3]: Note this definition is required by the National Flood Insurance Program and differs from “land development” defined in 24 V.S.A. Chapter 117. draftNat Resources Page 38 ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations (CCRPC suggested edits, re: River Corridor) 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. 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 fringe. The portion of the flood hazard area that is outside of the floodway but still inundated by the base flood (the flood having a one percent chance of being equaled or exceeded in any given year). 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”). draftNat Resources Page 39 ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations (CCRPC suggested edits, re: River Corridor) 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. 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 hazard area. Grading results in minor or no changes in topographic elevations. If new material is brought from outside the 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 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; (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: (i) by an approved state program as determined by the Secretary of the Interior or (ii) 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). draftNat Resources Page 40 ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations (CCRPC suggested edits, re: River Corridor) Lowest floor. The lowest floor of the lowest enclosed area, including basement., except an 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 that includes 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 the River Corridor regulations adopted by the community and includes any subsequent improvements to such structures. 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. Structures that were in violation of the regulations in effect at the time of their creation, and remain so, remain violations and are not nonconforming structures. 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 bylaws, including a use improperly authorized as a result of error by the administrative officer. Non-residential. This includes businesses, churches, schools, nursing homes, pool houses, clubhouses, recreational buildings, government buildings, mercantile structures, industrial structures, and warehouses. 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 a 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. draftNat Resources Page 41 ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations (CCRPC suggested edits, re: River Corridor) 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. 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 a dynamic equilibrium condition 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). 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 installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. draftNat Resources Page 42 ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations (CCRPC suggested edits, re: River Corridor) 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. 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. Substantial improvement. 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. 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. 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. draftNat Resources Page 43 ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations (CCRPC suggested edits, re: River Corridor) 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 draftNat Resources Page 44 ARTICLE 3 GENERAL PROVISIONS South Burlington Land Development Regulations (CCRPC suggested edits, re: River Corridor) 3 GENERAL PROVISIONS 3.01 Establishment of Districts and Description of Certain Districts 3.02 Official Maps and Other Maps 3.03 District Boundaries 3.04 Applicability of Regulations 3.05 Lots 3.06 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 Nonconformities 3.12 Alteration of Existing Grade 3.13 General Performance and Maintenance Standards 3.14 Reasonable Accommodation to Ensure Equal Access to Housing 3.15 Residential and Commercial Building Energy Standards 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 zoning code also contains provisions for overlay districts and a floating district. (1) Residential Districts R1 Residential 1 District R1-PRD Residential 1 with Planned Residential Development District R1-Lakeshore Residential 1- Lakeshore District R2 Residential 2 District R4 Residential 4 District R7 Residential 7 District R12 Residential 12 District LN Lakeshore Neighborhood District QCP Queen City Park District SEQ-NRP Southeast Quadrant-Natural Resource Protection District SEQ-NRT Southeast Quadrant-Neighborhood Residential Transition District SEQ-NR Southeast Quadrant-Neighborhood Residential District SEQ-NRN Southeast Quadrant Neighborhood Residential North District SEQ-VR Southeast Quadrant-Village Residential District (2) Commercial Districts C1 Commercial 1 District (also designated “C1-R12” or “C1-R15”) 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 SW Swift Street District draftNat Resources Page 45 ARTICLE 3 GENERAL PROVISIONS South Burlington Land Development Regulations (CCRPC suggested edits, re: River Corridor) AR Allen Road District R7-NC Residential 7-Neighborhood Commercial District SEQ-VC Southeast Quadrant-Village Commercial District (3) Industrial and Airport Districts IC Mixed Industrial and Commercial District AIR Airport District AIR-I Airport Industrial District 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: FP Floodplain Overlay District IHO Interstate Highway Overlay District TO Traffic Overlay District SVP Scenic View Protection Overlay District BBW Bartlett Brook Watershed Protection Overlay District PBW Potash Brook Watershed Protection Overlay District (reserved) RCO River Corridor Overlay District (6) City Center Form Based Codes District 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. The location of the boundary shall be determined by the Administrative Officer (AO). If the applicant disagrees with the determination made by the AO, a Letter of Map Amendment from FEMA shall constitute proof.) (a) Floodplain Overlay (Zones A, AE, and A1-30) Subdistrict. The boundaries of the Floodplain Overlay (Zones A, AE, and A1-30) Subdistrict shall include those areas of special flood hazard designated in and on the above referenced studies and maps as Zones A, AE, or A1-30. draftNat Resources Page 46 ARTICLE 3 GENERAL PROVISIONS South Burlington Land Development Regulations (CCRPC suggested edits, re: River Corridor) (b) Floodplain Overlay (Zone 0.2%) Subdistrict. The boundaries of the Floodplain Overlay (Zone 0.2%) Subdistrict shall include those areas of special flood hazard designated in and on the above referenced studies and maps as Zone 0.2%. (2) Traffic Overlay District. (a) The boundaries of high-volume roadway segments and the balance of restricted roadway segments within the Traffic Overlay District shall include the entire right-of-way of all delineated roadway segments. Cross-streets are not included. (b) The boundaries of major intersections within the Traffic Overlay District shall include all approaches to the intersection. Any dimensional approach as shown on the Traffic Overlay Zone Map shall be measured from the point of intersection of the street centerlines at the major intersection. The first fifty (50) feet of un-dimensioned minor cross-streets shall be included within the boundaries of the major intersection. (3) Park and Recreation District. The boundaries of the Park and Recreation District shall include all City owned or leased parkland and all lands owned by the Winooski Valley Park District; also, all future land granted to or purchased by the City for use as public parkland shall be included in the Park and Recreation District at the time of the grant or purchase. (4) 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 1991 Airport Master Plan Update Burlington International Airport, or most recent update. (5) 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 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 G. (3) Development Standards of Section 10.07 River Corridor Overlay District shall apply to the area measured as 50 feet from the top of the stream bank or slope. 3.02 Official 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 filed in the office of the City Clerk and is incorporated herein by reference. B. Overlay Districts Map. The Overlay Districts Map describes the different and separate overlay districts of the City of South Burlington set forth in Section 3.01. The Overlay Districts Map is filed in the office of the City Clerk and is incorporated herein by reference. C. Southeast Quadrant Official Zoning Map. The Southeast Quadrant Official Zoning Map describes the sub-districts pertaining to the Southeast Quadrant District as set forth in Article 9 of these Regulations and is incorporated into the Official Zoning Map draftNat Resources Page 47 ARTICLE 3 GENERAL PROVISIONS South Burlington Land Development Regulations (CCRPC suggested edits, re: River Corridor) D. Wetlands Map. The Wetlands Map identifies wetland areas throughout the City that are subject to the restrictions set forth in Article 12 of these regulations. The Wetlands Map is filed in the office of the City Clerk and is incorporated herein by reference. E. Scenic View Protection Overlay Districts. The maps identifying overlay districts wherein special standards apply are filed in the office of the City Clerk and are incorporated herein by reference. F. Open Space Plan Areas Map. [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. ………………………… ………………………… …………………………….. ………………….. draftNat Resources Page 48 ARTICLE 10 OVERLAY DISTRICTS South Burlington Land Development Regulations (CCRPC suggested edits, re: River Corridor) 10 OVERLAY DISTRICTS FP, TR, SVP, IHO, TO, UDO, RCO 10.01 Flood Plain Overlay District 10.02 Traffic Overlay District 10.03 Scenic View Protection Overlay District 10.04 Interstate Highway Overlay District 10.05 Transit Overlay District 10.06 Urban Design Overlay District 10.07 River Corridor Overlay District …………………………….. ………………………………. …………………………….. 10.07 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; and (4) Reasonably promote and encourage 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 here shall take precedence. F. RCO District General Provisions draftNat Resources Page 49 ARTICLE 10 OVERLAY DISTRICTS South Burlington Land Development Regulations (CCRPC suggested edits, re: River Corridor) (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 (a) Section 10.07 shall apply to the Statewide River Corridors in the City of South Burlington, Vermont, as published by the Agency of Natural Resources (ANR) including refinements to that data based on field-based assessments which are hereby adopted by reference. (b) On perennial streams with a watershed size greater than half a square mile for which River Corridors are not mapped1, the standards in G (3) below shall apply to the area measured as 50 feet from the top of the stream bank or slope, whichever is applicable based on a field determination. (c) 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 Procedure2. (1)(3) 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: 1. Hire a licensed land surveyor or registered professional engineer to stake out the RCO boundary on the property; or 2. Request a letter of determination from ANR which shall constitute proof of the location of the river corridor boundary.3 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 update4. 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. 1 A GIS map layer is available from DEC Rivers Program indicating the small stream segments that a require a 50-foot setback. 2 http://dec.vermont.gov/sites/dec/files/documents/DEC_FHARCP_Procedure.pdf 3 In support of a letter of determination request, applicants must provide 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. 4 River Corridor map updates are further explained in the Flood Hazard Area & River Corridor Protection Procedure: http://dec.vermont.gov/sites/dec/files/documents/DEC_FHARCP_Procedure.pdf draftNat Resources Page 50 ARTICLE 10 OVERLAY DISTRICTS South Burlington Land Development Regulations (CCRPC suggested edits, re: River Corridor) G. Development Review in River Corridors (1) Permits. A permit is required from the Administrative Officer for all development, as defined in Section 2.03 (Floodplain and River Corridor Definitions), in the River Corridor Overlay District. Development that requires conditional use approval or a variance from the DRB under this bylaw must have such approvals prior to the issuance of a permit by the AO. Any development that is also subject to municipal jurisdiction in the designated flood hazard areas shall meet the criteria in Section 10.01 Flood Plain Overlay District. (a) All permits shall require that a permittee have all other necessary permits from state and federal agencies before work may begin. (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 networks5, 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) 6: a. State-owned and operated institutions and facilities. b. 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. c. 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. d. Public utility power generating plants and transmission facilities regulated under 30 V.S.A. § 248. e. 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). 5 New transportation or utility development that runs parallel to the river is not exempt and shall meet the Development Standards in sub section G. (4) below. 6 State-owned and -operated institutions and facilities, Forestry, Required Agricultural Practices, and Public Utility Commission jurisdictional facilities located in a Flood Hazard Area or River Corridor are regulated under the State Flood Hazard Area & River Corridor Rule, 10 V.S.A. § 754. draftNat Resources Page 51 ARTICLE 10 OVERLAY DISTRICTS South Burlington Land Development Regulations (CCRPC suggested edits, re: River Corridor) (h) Subdivision of land that does not involve or authorize development. (3) Submission requirements. In addition to all information required for permitted and conditional uses, the application shall include: (a) Site Plan. A site plan that depicts the proposed development, all water bodies, all (Hazard 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; (b) Project Review Sheet. A 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. (c) Supplemental Application Requirements. i. Information clearly demonstrating how the proposed development meets the infill or shadowing requirements in subsection G. (4) Development Standards below; or ii. A narrative and supporting technical information from a qualified consultant that demonstrates how the proposal meets the River Corridor Performance Standard in subsection G. (4) Development Standards below; or iii. 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. Please note that ANR may require the applicant to provide technical data from a qualified consultant to justify a map update. (a)(d) Waivers. Upon written request from the applicant, the DRB may waive specific application requirements when the data or information is not needed to comply with Article 10.07 of this bylaw. (4) Development Standards The criteria below are the minimum standards for development in the RCO District. Where more than one district is involved, the most restrictive standard shall take precedence. (a) Development within designated centers shall be allowed within the river corridor if the applicant can demonstrate that the proposed development will not be any closer to the river than pre-existing adjacent development. (b) Development outside of designated centers shall meet the following criteria: draftNat Resources Page 52 ARTICLE 10 OVERLAY DISTRICTS South Burlington Land Development Regulations (CCRPC suggested edits, re: River Corridor) i. In-Fill Between Existing Development: Development must be located no closer to the channel than the adjacent existing primary structures, within a gap that is no more than 300 feet (see Figure 1), or ii. Down River Shadow: An addition to an existing habitable structure, or an accessory structure that is adjacent to an existing structure, shall be located in the shadow area directly behind and further from the channel than the existing structure, or within 50 feet to the downstream side 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 2). Figure 1: In-fill Development Standard draftNat Resources Page 53 ARTICLE 10 OVERLAY DISTRICTS South Burlington Land Development Regulations (CCRPC suggested edits, re: River Corridor) (c) River Corridor Performance Standard i. Proposals that do not meet the infill or shadowing criteria in Development Standards (4)(a)&(b) above must demonstrate and the DRB must find that the proposed development will: a. not be placed on land with a history of fluvial erosion damage or be imminently threatened by fluvial erosion; b. not cause the river reach to depart from or further depart from the channel width, depth, meander pattern, and slope associated with natural stream processes and equilibrium conditions; and c. not result in an immediate need or anticipated future need for stream channelization solely as a result of the proposed development, that would increase flood elevations and velocities or alter the sediment regime triggering channel adjustments and erosion in adjacent and downstream locations. ii. Proposals that meet the infill or shadowing criteria in (3) i. above are presumed to meet the River Corridor Performance Standard. However, The DRB has the option to require an applicant to demonstrate that a proposal meets the River Corridor Performance Standard if there is a concern that the proposed development is at particular risk from fluvial erosion or may increase fluvial erosion, based on location or past flood damage. iii. The DRB may request or consider additional information to determine if the proposal meets the River Corridor Performance Standard, including: a. a description of why the shadowing and infill criteria in (3) i. above cannot be met; b. data and analysis from a consultant qualified in the evaluation of river dynamics and erosion hazards; c. Comments provided by the DEC Regional Floodplain Manager on whether the proposal meets the River Corridor Performance Standard. (d) Referrals Figure 2: Shadow Area Development Standard Commented [DA1]: Note to PC: As written, we are recommending that the City allow some flexibility and infill so long as the standards are met. Depending on community settlement patterns and development plans if the PC wants to flat out prohibit anything in the RC overlay than this entire section can be much simpler. draftNat Resources Page 54 ARTICLE 10 OVERLAY DISTRICTS South Burlington Land Development Regulations (CCRPC suggested edits, re: River Corridor) 1. Upon receipt of a complete application for new construction or a substantial improvement, the AO 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. 2. Any application for a proposed conditional use or a request for a variance from these regulations shall be referred to the DRB in accordance with 24 V.S.A. § 4460. 3. 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 River Management Engineer at the Vermont Agency of Natural Resources, and the Army Corps 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. (e) Prohibited Development in the RCO District The following are prohibited in the RCO District 1. New structures, fill, development, and accessory dwellings7 that do not meet the standards in subsection G. (4) Development Standards 2. Any other development that is not exempt, permitted, or listed as a conditional use which would cause or contribute to fluvial erosion hazards. (f) Administrative Review; Permitted Development The following development activities in the RCO District meeting the Development Standards in subsection (4) above require an administrative review from the AO and may receive a permit from the AO without review by the DRB: 1. Small accessory structures not larger than 500 square feet. 2. Improvements to existing utilities that are along an existing right of way and serve a building. 3. Replacement on-site septic systems. 4. An attached deck or patio to an existing structure that is 200 square feet or less and is located no less than 100 feet from the top of bank (or top of slope, if applicable).8 5. River or floodplain restoration projects that do not involve fill, structures, utilities, or other improvements, and which have written confirmation from the ANR Regional Floodplain Manager that the project is designed to meet or exceed the applicable standards in this bylaw.9 (k) Permit Conditions 7 Depending on community settlement patterns, and to ease bylaw administration, some communities may consider simply prohibiting new structures within the river corridor (as opposed to allowing infill and redevelopment). 8 An attached deck or patio does not include enclosed or three-season porches. 9 Applicants should be made aware that any restoration project involving work within the stream channel may require a Stream Alteration Permit under 10 V.S.A. Chapter 41 and the rules adopted thereunder. Formatted: Indent: Left: 0.13", No bullets or numbering Formatted: Font: 11 pt Commented [RM2]: This footnote is describing an option that the PC needs to decide on, it should not be left as a footnote. I’d call it out here for PC discussion, and indicate that, as written, we are recommending that they allow some flexibility and infill so long as the standards are met. If the PC wants to flat out prohibit anything in the RC overlay than this entire section can be much simpler. Formatted: Font: +Body (Calibri), 11 pt Formatted: Font: +Body (Calibri), 11 pt Formatted: Font: 11 pt Formatted: Indent: Left: 0.13", No bullets ornumbering Formatted: Font: 11 pt Commented [DA3]: Added per latest recommendation of DEC. Formatted: Highlight Formatted: Highlight Formatted: List Paragraph, Justified, Indent:Left: 0.75", Numbered + Level: 1 +Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 1" + Indent at: 1.25", Tab stops: Not at 0.75" Formatted: Font: Not Bolddraft Nat Resources Page 55 ARTICLE 10 OVERLAY DISTRICTS South Burlington Land Development Regulations (CCRPC suggested edits, re: River Corridor) 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 section of river to solely protect the public water access from lateral river channel adjustment. draftNat Resources Page 56 SOUTH BURLINGTON PLANNING COMMISSION MEETING MINUTES 9 APRIL 2019 1 The South Burlington Planning Commission held a regular meeting on Tuesday, 9 April 2019, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: J. Louisos, Chair (by phone for first part of meeting); B. Gagnon, Acting Chair for first part of meeting; A. Klugo, T. Riehle, D. MacDonald, M. Ostby, M. Mittag ALSO PRESENT: P. Conner, Director of Planning and Zoning; C. LaRose, City Planner; D. Marshall, D. Kerwin, L. Nadeau, D. Seff, P. Truder 1. Directions on emergency evacuation procedures from conference room: Mr. Gagnon provided directions on emergency evacuation procedures. 2. Agenda: Additions, deletions or changes in order of agenda items: No changes were made to the Agenda. 3. Open to the public for items not related to the Agenda: No issues were raised. 4. Planning Commissioner announcements and staff report: Ms. Ostby: Noted that the Affordable Housing Committee is focusing on Inclusionary Zoning. She asked that members serving on the Form Based Code Committee attend the regional workshop meeting (30 April, 6 p.m.) to provide input. Mr. Riehle: Attended the South Burlington Land Trust Annual Meeting. He noted presentations by the Nature Conservancy and the South Burlington Tracking Project (tracking different wildlife in various parts of the city). Mr. Conner’s staff report was presented to members in written form. 5. Review and discuss Commission feedback on Interim Zoning application #IZ-19-01, seeking approval from the City Council to subdivide a 2.0 acre lot with a single family home into four lots, each with single family homes, 1420 Hinesburg Road: Mr. Marshall said they are trying to understand the Planning Commission’s thinking. He noted that in the past, applications would go to the City Council with plans that were consistent with where Interim Zoning was going. They are now trying to understand the Commission’s different work items to see whether what the Kerwins want to do can be modified to be in line with that work or whether they should hold off or modify the application. 2 Mr. Marshall then provided a brief overview of the proposed project. He noted that the density is 4 units per acre with the potential for up to 8. He said that what they are proposing is consistent with most recent development patterns in the area. Ms. Ostby said her thinking was that this type of parcel may be have more opportunities for the owners because of new PUD concepts. Mr. Riehle agreed. He noted that just south of the Kerwin property there are 3 homes on a similar lot. He didn’t see any other rationale for preventing the Kerwin request other than the potential for more density. Mr. Marshall noted that the Kerwins wish to sell the existing home and utilize the development potential of the back area. He asked whether anything the Commission is working on would preclude this. Ms. Ostby noted there is no current PUD work looing at parcels of less than 4 acres, but that doesn’t take into account what Interim Zoning may come up with. Mr. Klugo said the pattern of development has been established, and this application is consistent with that pattern. He didn’t see why the Commission would hold it up. The Commission’s PUD work doesn’t change this kind of development. Ms. Truder, who lives on the west side of Highland Terrace, noted there is no city water out there, and every home would have to drill a well. Mr. Klugo said that would be a study for the developer to do. Mr. Kerwin said there isn’t room for 20 dwelling units on the west side of Highland Terrace. The second lot north of the Kerwin property has 3 houses on it, similar to what they want to do. The only other properties are immediately north and south of his, and they are smaller than his property. Mr. Kerwin noted that many years ago someone wanted to build 40 or 50 homes on the east side of the road but were not allowed to because of the water situation. Mr. Gagnon noted receipt of a letter from Mark Abrams expressing his concerns. It will be part of the minutes. 6. Review draft elements of Subdivision/PUD/Master Plan project: a. Review Planned Unit Development Chapter Outline b. Commissioner Q&A on definitions, functionality, and regulatory environment of natural resources under consideration to prepare for review of draft regulations at upcoming meeting: Mr. Conner noted that a section for Energy Efficiency has been added to the outline per request of Ms. Ostby at the last meeting. Further, following discussion with Ms. Louisos, members of the Energy Committee will attend the first meeting in May. Ms. Ostby said it would be good to have an understanding of composting which will be required in 2020. Mr. Conner said that the next meeting will focus on natural resources conservation. Staff has been drafting language for this. Ms. LaRose added that they want to be sure that when the Commission 3 discusses policy, they understand the date and have all the data they need. She also noted that the Regional Planning Commission is working on providing information on what other communities are doing. She felt the Commission can be provided with more information regarding best practices, what sort of wildlife habitat is attractive, etc. (Ms. Louisos arrived at this point in the meeting and assumed the Chair.) Ms. Louisos noted that the State is working on river corridors in 2019 and recommended using the 2019 data from the mapping. Mr. Conner encouraged members to look for things that are not covered but to keep in mind that the language is in a very early stage. Mr. Nadeau asked if this information will be on the website. Mr. Conner said the website crashed last week and is being corrected. This information will be there when things are back to normal. Mr. Gagnon noted that the consultants will be at the next meeting to help with the discussion. 7. Overall PUD/Master Plan/Subdivision project status report: Mr. Conner noted that street types, housing and building types, and open space types have been completed. Staff is working on underlying zoning and Form Based Code amendments. Mr. Conner also noted that staff is trying to schedule a joint meeting with the City Council and two Interim Zoning committees for a “here’s where we’re at” discussion and to identify any major policy changes. Mr. Mittag asked if there is reasonable confidence the schedule can be adhered to. Mr. Conner said for each component to get in place, it is ambitious, which is why staff is monitoring it. He also noted that the deadline can also be changed, if needed. 8. Staff Update on re-alignment of Underlying Zoning Districts: Mr. Conner reviewed the history. He showed the existing zoning map of the area and noted there are now 7 different zoning districts in that area. Staff is proposing the following districts: a. All land owned by the city would be designated as Parks/Recreation b. The C-1/R-12 district that was almost eliminated when Form Based Codes were created, would become C-1/R-15 c. The 3 single family houses would be put into the R-4 district to the north (Ms. Ostby felt they don’t feel like R-4. Mr. Conner said staff could look at something more transitional) d. The C-1 Airport district would remain as is. Regarding the 3 houses, Mr. Gagnon said he would like them to stay in a residential district as they are the gateway to a residential district and he didn’t want to see a big commercial use there. Mr. Klugo felt 4 it was a perfect area for 2 or 3-story apartments. Mr. Conner questioned whether the district immediately below that could also have some transitional residential. Mr. Klugo said that restricting residential use is counter to future use which will be more mixed use. Mr. Conner said mixed use is a consideration, but they should hold off on this until the new F-35 mapping is available. Mr. Conner then addressed the areas at Hinesburg Road/Kennedy Drive, Kimball Avenue/Kennedy Drive, and the C-2 districts at the end of Shelburne Road, behind City Hall, Patchen Road across from the landfill, and similar areas. Staff is proposing to zone these as Neighborhood Commercial districts. Mr. Klugo asked if Form Based Code elements would apply there. Ms. LaRose said possibly with building types. Mr. Gagnon said he liked what the Commission did on Shelburne Rd. with “nodes.” Mr. Klugo felt a TDR option would be great and might get something done with those parcels. Mr. Conner noted there is some multi-family housing nearby, and a noise generator would not be a good idea. Mr. Conner then addressed the property north of Old Farm Road. It is currently zoned C-1, Limited Retail. It is also surrounded by a number of different districts. Mr. Klugo felt the north side of Kimball Avenue should be a transitional area as different things are happening on each side of Kimball. Mr. Riehle felt the whole south side of Kimball should be Residential. Mr. MacDonald noted the corner will be commercial/residential mixed use. Ms. LaRose said a PUD does allow for a commercial component in the context of the residential around it. She didn’t think there will be a start up subdivision in this location. Ms. Ostby felt there is a need for land for businesses and wanted to leave the zoning as it is. She was OK if residential is a component of that. Mr. Conner stressed that today you can’t cross zoning lines. The purpose of a PUD is to create a well- though out neighborhood. Mr. Conner then addressed the Hill Farm property and one property south of that. They are now zoned Industrial-Open Space, but it is unknown where the IZ Open Space Committee will land regarding the property. Mr. Mittag said there is a wildlife corridor between the 2 properties. Mr. Conner noted there are 120 acres, so there could be multiple uses. If it is not all prioritized for conservation, there will have to be a zoning designation. Mr. Mittag felt the northeast corner could have dense housing and the rest be conservation. 9. City Council direction on short term Transfer of Development Rights Bylaw Amendments: Mr. Conner reviewed the history and noted the applicant has appealed the Environmental Court decision to the Vermont Supreme Court. The City Council would like to correct the regulations to match the enabling laws, and the City Attorney is working on that. It will eventually go to the IZ TDR Committee and will come to the Planning Commission in the future. Mr. Seff, resident and attorney for the neighbors who brought the case to the Superior Court, advised that the neighbors have filed a cross-appeal to the Supreme Court regarding elements of the TDR process that the Superior Court did not find illegal. He felt the City Council should hold off until the 5 Supreme Court has handed down its decision. Ms. Louisos said she would speak with the City Council Chair to relay this discussion held at this meeting. 10. Review and consider approval of Electric Vehicle Charging Station Grant Application: Mr. Conner noted this is the same application that was not funded in the last round of grants. Mr. Gagnon moved to approve the grant application as presented. Mr. Mittag seconded. Motion passed unanimously. 11. Minutes of 12 March 2019 Mr. Mittag clarified his comment regarding population to note that there are now 7 billion people worldwide today and that number is expected to be 9 billion by 2050. Mr. Gagnon moved to approve the Minutes of 12 March 2019 with the clarification. Mr. MacDonald seconded. Motion passed unanimously. 12. Other Business: There was no other business. As there was no further business to come before the Commission, the meeting was adjourned by common consent at 9:41 p.m. ___________________________________ Clerk