HomeMy WebLinkAboutAgenda - City Council - 07/06/2021AGENDA
SOUTH BURLINGTON CITY COUNCIL Community Room – 2nd Floor 19 Gregory Drive SOUTH BURLINGTON, VERMONT
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Regular Session 6:30 P.M. Tuesday, July 6, 2021
1.Welcome & Pledge of Allegiance. (6:30 - 6:31 PM)
2.Agenda Review: Additions, deletions or changes in order of agenda items. (6:32 - 6:33 PM)
3.Comments and questions from the public not related to the agenda. (6:34 – 6:44)
4.Announcements and City Manager’s Report. (6:45 – 6:55)
5.Consent Agenda: (6:56 – 6:57 PM)
A. *** Consider and Sign Disbursements
B. *** Consider and possibly approve application for Building Better Communities Grant fromCity ClerkC.*** Authorize the City to award Public Works Engineering Services contracts in the eightcategories outlined in the attached document to the qualified consultants as outlinedD.*** Appoint Councilor Tim Barritt to Queen City Park Road Bike/Ped Scoping Study AdvisoryCommittee
E. *** Approve Resolution Honoring the Service of Tom Hubbard and naming the park at SpearStreet and Nowland Farm Road the Thomas H. Hubbard Recreation and Natural AreaF.*** Approve and accept the Coronavirus Local Fiscal Recovery Fund Certification includingthe appointing Jessie Baker as the Authorized Representative and Martha Machar as theContact Person
6.*** Discussion and consideration of the Planning Commission’s guidance for the land use intentionsin the Southeast Quadrant – Paul Conner, Director of Planning & Zoning (6:58 – 7:30 PM)
7.*** Public Hearing on the proposed Ordinance Regulating the Use of the Public and Private Sanitary
Sewerage and Stormwater Systems and the Stormwater Upgrade Feasibility Analysis. Following thepublic hearing, possible approval of Ordinance and Analysis as presented. – David Wheeler,
Stormwater Superintendent. (Warned for 7:30 PM) (7:30 – 7:45 PM)
8.*** Council consideration and possible action on a Resolution to Establish a Committee on CommonAreas For Dogs – Councilor Meaghan Emery (7:46 – 8:00 PM)
9.*** Council consideration and possible action on a Resolution related to the City’s Fair and Impartial
Policing Policy (FIPP) – Councilor Meaghan Emery (8:01 - 8:15 PM)
10.*** Discuss and provide direction to staff on the Trinity Education Center’s proposal to start theINFINITE Center - a daily youth drop-in center and after-school program – Councilor Meaghan Emery
(8:16 – 8:30 PM)
11.*** Convene as Liquor Control Commission to consider the following: The Old Post (outdoor music)update to Approved Entertainment License (8:31 – 8:35 PM)
12.Reports from Councilors on Committee assignments (8:36 – 9:00 PM)
13. Adjourn (9:00 PM)
Respectfully Submitted:
Jessie Baker
City Manager
*** Attachments Included
South Burlington City Council Meeting Participation Guidelines
City Council meetings are the only time we have to discuss and decide on City matters. We want to be as open and informal as possible; but Council meetings are not town meetings. In an effort to conduct orderly and efficient meetings, we kindly request your cooperation and compliance with the following guidelines.
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MEMORANDUM
To: City Council From: Martha Lyons, Director Tax Collection & Assessment Date: July 6, 2021 Re: Property Tax Over-payment/refunds
Please note that in the July 6, 2021 regular council meeting warrant this week are our annual reimbursements for tax overpayments. You may notice that the $272,686.98 value is much higher than last years’ value of $153,091.72. The primary reason for this difference is because of the interim tax bills that went out before the final tax bill when the School Budget passed. A number of residents paid both the interim bill in full and then the revised bill as well.
As with every year, there were also a number of those that did not realize their property taxes are escrowed and still pay an installment.
Champlain Water District
Check/Voucher Register - Check Report by Fund
From 7/1/2021 Through 7/7/2021
Check Date Check Number Vendor Name Invoice Description Check Amount Invoice Number
7/7/2021 4264 FirstLight Fiber Account 101167 21.43 9351679
7/7/2021 4265 F.W. Webb Company Service Brass 3,188.75 71732012
7/7/2021 4266 Masterson & Son Excavation, LLC Mobilized to hydrant replacement 4,830.00 5134
7/7/2021 4267 City of South Burlington General Insurance Liability for FY20/21 3,595.00 288
7/7/2021 4268 Ti-Sales, Inc.Meters 50,239.93 INV0132085
7/7/2021 4269 Marc E. Wiener Law Offices PLLC Refund - Account 6294 - Overpayment 166.69 REFUND - 6294
Total 70 - South Burlington Water
Department
62,041.80
Report Total 62,041.80
70 - South Burlington Water Department
1015 - South Burlington Water Checking Account
SOUTH BURLINGTON CITY COUNCIL
Page: 1
City Of South Burlington, Grant Request Form
Prior to applying for a grant please complete this form and submit to Assistant City Manager..
Please submit at least two weeks prior to City Council approval meeting. Extenuating circumstances which do not permit two
weeks notice should be brought to the attention of the Assistant City Manager as soon as possible.
Please attach actual grant application form – either blank or completed
___Donna Kinville, City Clerk and City Sexton ____06/10/2021
Name and title of person completing this form (Project Manager) Date
1.Name/title of grant and submittal deadline date: Vermont Building Better Communities Grant July 30,
2021
2.What specifically is the grant’s purpose?
To highlight the history of the cemetery by a historic sign as well as a, sign for the cemetery and allow
benches for people to sit, relax and visit with their deceased loved ones.
3.What does the grant fund and not fund (be specific)? This grant is geared to education of Vermont
residents and there are no limitations on what it can be spent on. Therefore it is pretty open about what it
can be used for.
4.Total Project Cost:
a.Amount of grant: $4,000
b.Is there a City match required, how much and in what fiscal year(s)? 1:1 match, FY22 but funds
already reserved in cemetery fund account #602
c.Are there other grants “tied into” or being used as a match for this grant of which are matching
funds for this grant? No
5.From what budget line will match be paid, and is there unencumbered money to pay it? Match will be paid
through the special fund for cemetery funds, account #602.
6.Is there a cost to the city upon grant conclusion, and if yes, please describe? No
7.Is grant for stand alone project, and if no, how does grant fit into another project (describe in some detail)?
This grant is for a stand-alone project although the cemetery sextons are working on bringing the
Shelburne Road cemetery back to a condition that honors those buried there.
8.Length of grant - will the grant cross fiscal year(s)? No, will be in summer/fall of 2021
9.Who will apply for grant (name/title)? Cemetery sextons on behalf of the Cemetery Commission.
10.How much time will it take to complete grant application form? 2-3 hours
11.How likely is it that we will receive grant? In an attempt not to have competing grant applications through
Building Better Communities, this grant would be submitted to the Educational Facilities Grant Program,
leaving Recreation to apply through the Recreational Facilities Grant Program. Not sure if it will be
accepted although it maybe a unique request that might draw some interest especially if I can get some
good history to put with the grant. The Educational Grant Program it has a high percentage approval
rating for acceptance.
12.Who will manage (project manager) grant and grant paperwork if approved (if different person than who is
filling out this form), what are any grant compliance requirements, how much time will this take and how is
that time available? Are there funds available in the grant to pay for our administrative costs? Can in-kind
service be used as part of the City match? Donna Kinville. The amount of time will be dependent on the
sexton’s conversation on what to put up for a historical sign, Shelburne Rd Cemetery sign and the type of
benches but their time is not a city expense. There are no funds to pay for administrative costs and in-kind
cannot be used for the City match requirement.
13.Describe grant payment process – method of cash flow: If the grant is not paid up front, fund 602 has
enough funds in it to cover the cost of the vendors until the grant payment is received.
14.Should a Council-appointed Committee, Board, or Commission review this request?
If yes, please update status: The cemetery sextons will meet and invite the Cemetery Commission to discuss
the historical sign as well as layout of the sign and benches
15.In terms of priority, with 5 being highest and 1 being lowest, please rate this grant in terms of how it fits
into your primary mission as approved by City Council and current projects to complete that mission: 5
___________________________________ _______________________________
Reviewed by Asst. City Manager, Date If approved, grant money will be in this fund
____________________________________ _______________________________
Approved by City Manager, Date Not Approved By City Manager, Date
___________________________________________ ______________________________________
Approved By City Council, Date Not Approved By City Council, Date
2/17/11
Procedure Regarding Grant Request Form
1)No City of South Burlington staff member or volunteer shall apply for a grant without completing
and receiving approval of the attached Form.
2)All Form questions must be answered – if you need assistance on financial questions please
contact the Assistant City Manager (846-4112).
3)As a rule the Form needs to be submitted to the Assistant City Manager at least two (2) weeks
before the City Council Meeting where the application will be reviewed. Exceptions can be made
especially when the funding source(s) do not provide sufficient lead time
4)Attach any supporting documentation to the Form.
5)Assistant City Manager will review Form for accuracy and completeness – Assistant City
Manager does not approve or reject application.
6)After being reviewed if the Form is complete the Assistant City Manager will submit form to City
Manager for approval or rejection.
7)City Manager may request meeting with applicant for clarification.
8)City Manager will determine whether to approve or reject the application and have the project
manager informed of the decision. Project manager can request a meeting with City Manager
prior to Form being reviewed by Council.
9)Whether Form is approved or rejected by City Manager the Form will be reviewed by the City
Council. Project manager will be given the opportunity to discuss Form with Council.
10)Council will make final decision as to whether to approve or reject grant submission. Council
approval of grant submission also signifies approval and acceptance of the grant unless there is a
significant change in grant terms. If there is a significant change in grant terms the issue of
whether or not to accept the grant will be brought before Council for consideration.
11)If Council approves Form the project manager will be expected to use his/her Form responses to
guide the actual grant application.
12)Project manager will update Assistant City Manager in writing as to grant writing, submittal,
approval, and implementation progress.
13)If grant is accepted by granting authority project manager will submit to Assistant City Manager
and Deputy Finance Officer a monthly progress report on grant implementation and financials –
upon request of project manager report time frame can be modified by Assistant City Manager
based on actual grant conditions.
14)Deputy Finance Officer will maintain a spread sheet of all grants that tracks grant progress related
to financials.
15)Grant spread sheet will be included in yearly Budget Book.
4/4/11
Memo
To:Jessie Baker, City Manager
From: David Wheeler, Stormwater Superintendent
Cc: Justin Rabidoux, Director of Public Works
Tom DiPietro, Deputy Director of Public Works
Andrew Bolduc, Deputy City Manager
Date: June 29, 2021
Re: Department of Public Works Engineering Services Request for
Qualifications (RFQ) Submission Summary
On April 21, 2021 the City of South Burlington issued a Request for Qualifications (RFQ) for
Department of Public Works (DPW) Engineering Services. The RFQ indicated that DPW was seeking
qualified consultants to provide services in eight general categories starting on July 1, 2021 and extending
through June 30, 2025. The eight general categories included:
1) Stormwater & wastewater utility management.
2) Stormwater project scoping, engineering and design.
3) Transportation project scoping and design, including sidewalk and bike paths.
4) Environmental project scoping, engineering and design.
5) Wastewater project engineering and design.
6) Water quality monitoring and testing.
7) Construction phase engineering.
8) GIS Management.
In order to be considered, interested consultants were required to provide a Statement of
Qualifications (SOQ) to the DPW by 3:00 pm on June 4, 2021. In response to this RFQ, the City received
thirteen submissions. The three individuals on the City’s RFQ review committee evaluated these
submissions using the consultant selection procedures outlined in Section 4 of the RFQ document.
Between three and five consultants were qualified for each category. As projects subject to this RFQ
become available the City will work with the firms listed above using the process described in Section 4 of
the RFQ document.
Qualifying firms are listed by category and alphabetically below:
1) Stormwater & sewer utility management
a) Fitzgerald Environmental Associates
b) Geosyntec
c) Stone Environmental
2) Stormwater project scoping, engineering and design.
a) Aldrich + Elliott
b) Geosyntec
c) Hoyle, Tanner & Associates
d) Stone Environmental
e) VHB
3) Transportation project scoping and design, including sidewalk and bike paths.
a) Fuss & O’Neill
b) Green International
c) Hoyle, Tanner & Associates
d) Stantec
e) VHB
4) Environmental project scoping, engineering and design.
a) Fitzgerald Environmental Associates
b) Fuss & O’Neill
c) Stantec
d) Stone Environmental
e) VHB
5) Wastewater project engineering and design.
a) Aldrich + Elliott
b) AES Northeast
c) Hoyle, Tanner & Associates
6) Water quality monitoring and testing.
a) Fitzgerald Environmental Associates
b) Hoyle, Tanner & Associates
c) Stone Environmental
7) Construction phase engineering.
a) Aldrich + Elliott
b) Dubois & King
c) Stantec
d) Stone Environmental
e) VHB
8) GIS Management.
a) Geosyntec
b) VHB
c) Watershed Consulting
Recommended Action
I recommend the Council vote to authorize the City to award work to the list of qualified consultants in
the respective project categories outlined in the Department of Public Works Engineering Services
Request for Qualifications (RFQ) Submission Summary memo.
1
Jessie Baker
From:Paul Conner
Sent:Wednesday, June 16, 2021 11:51 AM
To:Jessie Baker; Helen Riehle; Kevin Dorn; Matt Cota; Meaghan Emery; Tim Barritt; Tom Chittenden; Tom
Hubbard
Subject:Queen City Park Road Bike/Ped Scoping Study Advisory Committee
Councilors:
We’re kicking off a scoping study for improvements to the bicycle & pedestrian network along Queen City Park Road and
Austin Drive (project summary below).
This project will include a 5‐6 member Project Advisory Committee. The Advisory committee will meet ~4 times, once at
the start and then in advance of each stage of public input, to provide high‐level policy guidance on the project and to
help facilitate community input.
With these types of projects, Burlington’s structure typically includes one City Councilor elected from the neighborhood
as a member of the Advisory Committee, alongside a member of their Walk‐Bike Council and a neighborhood resident.
In South Burlington we don’t necessarily have a Councilor serving on Advisory Committees such as this, but given that
this is a joint project with Burlington and they’ll likely assign a Councilor, we’d like to offer for the Council to appoint a
member to serve if you would like. This could be done as a formal appointment or via a volunteer. Regardless we’ll
have a member of the Bike Ped Committee and will put out an offer for a resident of the area to serve as well.
Project summary
The project will be considering options for improving bike/ped access between Shelburne Road in South Burlington and
Oakledge Park in Burlington. In South Burlington, this will include the latest designs for crossing of Shelburne Road,
possible upgrades to the short segment of path west of Shelburne Road, possible installation of a recreation path along
Queen City Park Road to connect to the Burlington Bike Path adjacent to Pine Street and to, one‐lane bridge, and to the
intersection of Queen City Park Road and Central Ave.
This was submitted as a request to the CCRPC under their Unified Planning Work Program in January 2019. As a joint
submittal from Burlington and South Burlington, the CCRPC was able to view this as a project of regional significance and
therefore includes no local municipal match.
2
Paul Conner, AICP
Director of Planning & Zoning
City of South Burlington
575 Dorset Street
South Burlington, VT 05403
(802)846‐4106
www.sbvt.gov
Notice ‐ Under Vermont’s Public Records Act, all e‐mail, e‐mail attachments as well as paper copies of documents received or prepared for use in
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public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in
error, please notify us immediately by return email. Thank you for your cooperation.
CITY COUNCIL RESOLUTION IN RECOGNITION OF THOMAS H. HUBBARD, DEPUTY CITY MANAGER
WHEREAS, Thomas H. Hubbard (Tom) has served the people of South Burlington for over 42 years; and,
WHEREAS, Tom joined the staff of the City of South Burlington immediately after graduating from the University of New Hampshire in 1979 with a
degree in Recreation and Parks Management; and,
WHEREAS, Tom began his service as the Assistant Director to the Department of Recreation and later became the Director of Recreation; and,
WHEREAS, Tom is a Certified Parks & Recreation Professional and has been a member of the Vermont Recreation and Parks Association serving as
President from 1992 through 1994 as well as being a member of the National Recreation & Parks Association; and,
WHEREAS, Tom was honored with the coveted Theresa S. Brungardt Outstanding Vermont Recreational Professional Award in 1996; and,
WHEREAS, during his tenure with the Department, Dorset Park was purchased by the City and transformed into a premier outdoor recreational facility
in Vermont; and,
WHEREAS, during his tenure in the Department, Tom worked with the Veterans Committee to create the Veterans Memorial at Dorset Park, and then
worked to rename the Park as Veterans Memorial Park;
WHEREAS, during his tenure in the Department Tom established the Friends of Dog Parks citizen group and led the effort to create the City’s first
Dog Park; and,
WHEREAS, during his tenure at the Department Tom led the effort for the City to win the coveted Sports Illustrated Sports Town USA Award; and,
WHEREAS, during Tom’s tenure at the Department he was a true advocate for parks and recreation for the City and the entire New England Region; and,
WHEREAS, Tom employed countless South Burlington youth in the many programs he saw provided most with their very first job; and,
WHEREAS, during Tom’s tenure South Burlington was recognized for having one of the premier recreation programs in the state of Vermont; and
WHEREAS, Tom was appointed Deputy City Manager in June 2013, by the City Manager and Treasurer of the City by the City Council; and
WHEREAS, Tom led eight successful efforts building Municipal budgets for the Council and gained support for each, often by large margins, from
the voters; and
WHEREAS, Tom has provided exemplary oversight of all finance, human resource, payroll, banking, auditing, inter-departmental relations, facilities
and other management functions of the City of South Burlington; and,
WHEREAS, Tom led the effort to restore the City Municipal building to excellent condition to include stormwater improvements, painting both inside
and outside and adding windows to the conference rooms, as well as multiple other repairs and improvements under the belief that the
voters and taxpayers may not support other City initiatives if we cannot take care of our own building; and,
WHEREAS, Tom has been a key member of the team that has planned for and supported the development of City Center and the use of Tax Increment
Financing to include the construction of Market Street, City Center Park and the Public Library and City Hall; and,
WHEREAS, Tom has led three successful negotiations with the City’s bargaining units leading to the adoption of three sets of contracts; and
WHEREAS, Tom was honored with the South Burlington Rotary Club “Frederick H. Tuttle Award” for Outstanding Vocational & Community Service
in 1997; and
WHEREAS, Tom was honored with the South Burlington Rotary Club “Paul Harris Fellow Award” in 1997; and,
WHEREAS, Tom and his wife Ann lived in the City of South Burlington for 26 years, raised a family here, and contributed back to their community in a
multitude of ways,
NOW, THEREFORE BE IT RESOLVED, that now and forever more the City-owned property measuring 60.7 acres in size and bounded on the west by
Spear Street and on the north by Nowland Farm Road shall be known as the Thomas H. Hubbard Recreation and Natural Area.
AND LET IT BE FURTHER RESOLVED, that a copy of this resolution will be official recorded in the land records of the City of South Burlington.
AND, LET IT FURTHER BE RESOLVED, that a framed copy of this resolution shall be provided to Tom along with an expression of appreciation for his
hard work, dedication, commitment to quality, and decades of service from the people of South Burlington.
Approved this 30th Day of June, 2021.
_______________________________ ________________________________ _____________________________
Helen Riehle, Chairperson Meaghan Emery, Vice Chair Tim Barritt, Clerk
_______________________________ ________________________________
Thomas Chittenden Matt Cota
575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.southburlingtonvt.gov
To: South Burlington City Council
Jessie Baker, City Manager
From: Martha Machar, Finance Officer
Andrew Bolduc, Deputy City Manager
Subject: Accepting Coronavirus Local Fiscal Recovery Funding (CLFRF) and
appointing an Authorized Representative and Contact Person
Date: July 1, 2021
In order for the city to access potential county CLFRF in the future, the city is required to
complete certification through the State of Vermont’s portal. The certification requires intention
to accept the allocation, authorized representative and contact person be approved by the
governing body of the city.
Consistent with recent guidance from the Vermont League of Cities and Towns, we recommend
that the Council pass the consent item as written in order to:
•Accept the City’s allocation of CLRFR from the US Treasury, along with the Award
Terms & Conditions and Assurances of Compliance with the Civil Rights Requirements
that are requirements of accepting these funds;
•Appoint Jessie Baker to serve as the City of South Burlington Authorized Representative
as required by the CLRGR from the US Treasury, to sign the Award Terms & Conditions
and Assurances of Compliance with the Civil Rights Requirements by 7/15/2021;
•Appoint Martha Machar to be the Contact Person for the City of South Burlington
CLRFR Award from U.S. Treasury.
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
MEMORANDUM
TO: Jessie Baker, City Manager; South Burlington City Council
FROM: Paul Conner, Director of Planning & Zoning
SUBJECT: Land Use / Conservation Objectives in the Southeast Quadrant and beyond
DATE: July 6, 2021 City Council meeting
Background / Summary
The Planning Commission has been developing its proposed changes to the Land Development Regulations
through its work on the Environmental Protection Standards and the Planned Unit Development / Subdivision /
Master Plan standards of the Land Development Regulations. Central to this review, especially in the Southeast
Quadrant, are the City’s objectives for where the City should plan for the retention of open space and for new
neighborhoods.
In April of this year, the Commission provided the Council with a few “big picture” questions related to open
space and development as a follow-up to the joint meeting of the two bodies earlier in the month. Council at its
first meeting in May discussed this with the Planning Commission’s chair and indicated that a follow-up
following the Commission’s public hearing on the proposed Environmental Protection Standards and review of
these objectives would be warranted.
The Commission held its public hearing in mid-May and received substantial feedback on topics broad and
specific. In addition to reviewing individual regulatory tools, the Commission took a half step back to consider
these “big picture” questions about open space and future neighborhood areas in the SEQ.
At their last meeting, Commissioners reviewed a series of eight “areas” in the SEQ that is not (a) already built
upon or conserved, (b) is not presently in the SEQ-Natural Resources Protection zoning district, and (c) is not
restricted from development under the draft Environmental Protection Standards that were considered at the
May public hearing.
For Council Discussion / Direction:
Land that doesn’t fall into one of the above limitations would, in effect, be considered “buildable” under the
draft regulations. The Commission discussed each of the eight “areas” containing significant buildable land at
their June 29th meeting, summarized below.
The Planning Commission and staff are seeking feedback on the Commission’s evaluation of these areas.
Would regulations that implement this accomplish the Council’s big picture objectives under Interim Zoning
for the balance of planned open space and planned neighborhoods for the foreseeable future?
Enclosed are a set of four PDF maps the Commission used in its evaluation.
To view this optimally, this information is also available as an Interactive Online Map showing the eight areas,
parcels, natural resources, and infrastructure: https://arcg.is/18nTnj
2
Summary of Commission Evaluation & Guidance:
Commissioners were asked (individually as homework, and then as a group during the meeting) to provide
direction on the objectives for land that would be considered “buildable” under the present draft regulations.
Specifically, Commissioners were asked the following questions:
1)For largely unbuilt land that is presently described as “buildable” in the draft regulations [ie, not in the
SEQ-NRP, and not a hazard or Level 1 Resource in the draft LDRs], which of the following future land use
patterns best describes the Commission’s goals:
a)All buildable land in this area should become one or more compact neighborhoods, with requisite
civic space and (limited) mix of uses, as envisioned by the Traditional Neighborhood Development
(TND) PUD.
b)Some of the buildable land in this area should become a compact neighborhood (via a conservation
PUD or a small TND on allowable land), and some should be designated as additional retained open
space. If so, please specify the characteristics, amount, or features of land that should be retained as
open space.
c)This land should be predominantly open space in the future, with only very limited allowances for
housing such as in the SEQ-NRP or another predominantly arrangement.
2)For existing “rural built areas” (areas with one home on 2-5 acres presently) in the SEQ, what level of
infill development is appropriate?
a)A compact subdivision or PUD (4+ dwelling units per acre) [current regulations]
b)SEQ base residential density at ~1.2 dwelling units per acre
3)Are there any other areas of the City that you would like to review the above questions for?
Below is a summary of the Commission’s broad guidance on each of these areas. See below for next steps.
Finally, a note that the guidance represented in each a majority of the Commission, but does not in all cases
represent a unanimous opinion.
Question 1: objectives for each of the “Areas”
Area 1 [Hinesburg Road, vicinity of Van Sicklen]:
•Land adjacent to the west side of Hinesburg Road should be prioritized for additional open space,
because it largely consists of “prime agricultural soils” and because those areas are above the
evevation where the City is able to provide municipal water service.
•Buildable land further to the west should be planned for future compact neighborhood(s).
Area 2 [Hinesburg Road south of Marceau apple orchard]:
•The City should honor agreements associated with the conservation investments made on the
former Auclair land
•High elevation areas should support conservation neighborhoods: clustered in areas that are
buildable and limit in areas served by or in steep slopes
Area immediately surrounded by Cider Mill 2, where able to served by public water, should be planned
for future compact neighborhood(s)
3
Area 3 (Dorset Street / Old Cross Road / Dorset Heights):
•The area designated for open space (SEQ-NRP) on the eastern portion of this area should be
expanded west to the approximate rear of the homes / yards on the east side of Dorset Heights
•Buildable land directly along Dorset Heights and towards Dorset Street should be planned to be
neighborhoods
Area 4 (between Dorset Street and the Great Swamp, south of Nowland Farm Road)
•Land that is bounded on the west by the Great Swamp and on the east by the stream / floodplain
should be targeted to be principally open space.
Area 5 (Dorset Street, in the vicinity of the Mill Market)
•Buildable land should be designated for compact neighborhoods / village
Area 6 (Dorset Street south of Sadie Lane):
•Buildable land adjacent to the village in area 5 should be designated for compact neighborhoods
•Much of the land south of that point is restricted from further neighborhood-scale development,
plan for principally open space
Area 7 (Spear Street north of South Village):
•Area east of the planned roadway connection between South Village and South Pointe should be
designed for open space
•Area west of the planned roadway should be designated for compact neighborhood(s)
Area 8 (Spear Street in the vicinity of Swift Street):
•Much of the area is owned by UVM. Planning Commission has expressed interest in a holistic
discussion with UVM about all land they own in South Burlington. In the meantime, retain current
designation for compact neighborhood(s) in buildable areas
Next Steps: With the Commission & Council’s guidance, staff & our consultant will prepare a map and propose
the regulatory tools that are currently being used or are being developed during Interim Zoning (SEQ-NRP,
Conservation PUD, Traditional Neighborhood PUD, Subdivision amendments) that can best accomplish the
objectives in each area and throughout the SEQ.
Question 2: Existing rural built areas
“Infill” on 2-5 acre parcels presently built with a home to be discussed with City’s consultant at July
meetings.
6/18/2021 ArcGIS - SEQ Conservation & Development
https://sburl.maps.arcgis.com/home/webmap/print.html 1/1
Chittenden County RPC, VCGI, Esri, HERE, Garmin, INCREMENT P, USGS, EPA | Aaron Worthley, GIS Analyst, Arrowwood Environmental, Huntington, Vt.
802-434-7276 | U.S. Department of Agriculture, Natural Resources Conservation Service | Esri, HERE
SEQ Conservation & Development
Analysis Maps of existing and proposed 0.4mi
COLCHESTER
WINOOSKI
SHELBURNE
E S S E X
WILLISTONBURLINGTON BURLINGTONESSEX
JUNCTION
Shelburne
Bay SHELBURNE RDDORSETSTS WIFT ST
WILLISTON RD
SPEARSTHIN
ES
B
U
R
G
R
D
89
189
Map 11
Future Land Use
Comprehensive Plan
City of South Burlington, VT
February 1, 2016
0 0.5 10.25
Miles
Future Use of Land Categories
Planning Underway
Very Low Intensity - Principally Open Space
Lower Intensity - Principally Residential
Medium Intensity - Residential to Mixed-Use
Medium to Higher Intensity - Principally Non-Residential
Medium to Higher Intensity - Mixed Use
Streams
Waterbody
Document Path: P:\Planning&Zoning\Planning\ComprehensivePlanMaps\ComprehensivePlan_2015\Map11_FutureLandUse.mxd
Maps and GPS data (“material”) made available by the City of South
Burlington are for reference purposes only. The City does not
guarantee accuracy. Users release the City from all liability related
to the material and its use. The City shall not be liable for any direct,
indirect, incidental, consequential, or other damages.
Contact GIS@sburl.com with questions
BURLINGTON BURLINGTONESSEX
JUN CTION
Shelburne
Bay
COLCHESTER
WINOOSKI
SHELBURNE
E S S E X
WILLISTONMap 7
Primary Conservation Areas
Comprehensive Plan
City of South Burlington, VT
February 1, 2016
Document Path: P:\Planning&Zoning\Planning\ComprehensivePlanMaps\ComprehensivePlan_2015\Map7_PrimaryConservationArea.mxd
0 0.5 10.25
MilesMaps and GPS data (“material”) made available by the City of South
Burlington are for reference purposes only. The City does not
guarantee accuracy. Users release the City from all liability related
to the material and its use. The City shall not be liable for any direct,
indirect, incidental, consequential, or other damages.
Contact GIS@sburl.com with questions
Data for this map was created by TJ Boyle Associates (2014).
Riparian Connectivity
20 - 25% slope
25%+ slope
Rare Natural Communities
100 Year Flood
Source Protection Areas - Zone 1
Rare Species
Wetlands
BURLINGTON BURLINGTONESSEX
JUNCTION
Shelburne
Bay
COLCHESTER
WINOOSKI
SHELBURNE
E S S E X
WILLISTONMap 8
Secondary Conservation Areas
Comprehensive Plan
City of South Burlington, VT
DRAFT October 2015
Document Path: P:\Planning&Zoning\Planning\ComprehensivePlanMaps\ComprehensivePlan_2015\Map8_SecondaryConservationArea.mxd
0 0.5 10.25
MilesMaps and GPS data (“material”) made available by the City of South
Burlington are for reference purposes only. The City does not
guarantee accuracy. Users release the City from all liability related
to the material and its use. The City shall not be liable for any direct,
indirect, incidental, consequential, or other damages.
Contact GIS@sburl.com with questions
Data for this map was created by TJ Boyle Associates (2014).
15 - 20 % slope
Uncommon Species
Uncommon Natural Communities
500 Year Flood
Habitat Blocks
Primary Ag Soil
Deciduous Forest
Evergreen Forest
Mixed Forest
Grassland and Shrublands
Farm Land
Source Protection Areas - Zone 2
BURLINGTON BURLINGTONESSEX
JUNCTION
Shelburne
Bay
COLCHESTER
WINOOSKI
SHELBURNE
E S S E X
WILLISTONMap 4
Sanitary and Water Systems
Comprehensive Plan
City of South Burlington, VT
February 1, 2016
Document Path: P:\Planning&Zoning\Planning\ComprehensivePlanMaps\ComprehensivePlan_2015\Map4_SewerWater.mxd
0 0.5 10.25
Miles
Maps and GPS data (“material”) made available by the City of South
Burlington are for reference purposes only. The City does not
guarantee accuracy. Users release the City from all liability related
to the material and its use. The City shall not be liable for any direct,
indirect, incidental, consequential, or other damages.
Contact GIS@sburl.com with questions
Waste Water Treatment Plant
Water Plant
Water System
Airport Parkway Sewer System
Bartlett Bay Sewer System
Burlington Sewer System
Memo
To:South Burlington City Council
From: David Wheeler, Stormwater Superintendent
CC: Jessie Baker, City Manager
Tom DiPietro, Deputy Director of Environmental Services
Date: June 29, 2021
Re:3-Acre Rule Update to Stormwater Ordinances
As presented during the June 7, 2021 City Council Meeting, the South Burlington Stormwater
Services is proposing the attached draft amendments to the Ordinance Regulating the Use of
Public and Private Sanitary Sewerage and Stormwater Systems (most recently approved
10/17/16) and the Stormwater Upgrade Feasibility Analysis (approved 10/17/16).
These draft amendments were developed in response to updates made to the Vermont
Stormwater Management Manual in 2017, the State’s Stormwater General Permit 3-9050 that went
into effect on December 1, 2020, and the development of the City’s Phosphorus Control Plan. As
part of the review and amendment process, some minor clarifications and corrections were also
made to the existing ordinances. Specifically, these amendments include:
·Updated construction deadlines to align with the updated State deadlines set in the Flow
Restoration Plans;
·Formalizes a public/private cost-sharing policy for design and construction of stormwater
treatment practices;
·Formalizes practice of requiring all property owners to go through the SUFA process if
they want to roll their permit into the City’s MS4 permit;
·Updated the Stormwater Mitigation Fee structure to incentivize private construction of
stormwater treatment practices on site;
·Updated references in SUFA with references to the State’s tiered structure for stormwater
treatment practice selection contained in the Vermont Stormwater Management Manual;
·Update punctuation, spacing and abbreviations, updates to background language,
inclusion of an indemnification clause for private connections to the municipal systems,
and the removal of the railroad right-of-way exemption from the stormwater fee.
Recommended Action
I recommend Council vote to approve the ordinance amendments as written.
Motion: Move that the Amendments to the Ordinance Regulating the Use of Public and Private
Sanitary Sewerage and Stormwater Systems and the Stormwater Upgrade Feasibility Analysis be
approved.
If you have any questions, please contact me at dwheeler@sburl.com
Ordinance Regulating the Use of
Public and Private Sanitary Sewerage
and Stormwater Systems
ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE
SANITARY SEWERAGE AND STORMWATER SYSTEMS
City of South Burlington Ordinance
2
Table of Contents
ARTICLE I - GENERAL ..................................................................................................................................... 4
1.1 Definitions .................................................................................................................................... 4
1.2 Abbreviations ................................................................................................................................ 9
ARTICLE II - SANITARY SEWER SYSTEM ....................................................................................................... 10
2.1 Use of Public Sanitary Sewer System Required .......................................................................... 10
2.2 Private Sewage Disposal ............................................................................................................. 10
2.3 Building Sewers and Connections .............................................................................................. 11
2.4 Prohibited Discharges into the Public Sanitary Sewer System ................................................... 14
2.5 Protection from Damage ............................................................................................................ 19
ARTICLE III - CAPACITY ALLOCATION .......................................................................................................... 19
3.1 Ownership of Capacity................................................................................................................ 19
3.3 Reserve Capacity Allocation ....................................................................................................... 19
3.4 Preliminary Allocation Determination ........................................................................................ 20
3.5 Final Capacity Allocation............................................................................................................. 20
3.6 Final Allocation Conditions ......................................................................................................... 21
ARTICLE IV - SEWAGE DISPOSAL CHARGES, TIME OF PAYMENT THEREOF, AND PENALTIES FOR NON-
PAYMENT .................................................................................................................................................... 22
4.1 Operation and Maintenance ...................................................................................................... 22
4.2 Sewer Use Rates, Applicability ................................................................................................... 22
4.3 Annual Charges, Basis ................................................................................................................. 22
4.4 Capital Costs ............................................................................................................................... 23
4.5 Collection .................................................................................................................................... 23
4.6 Sinking Fund/Set-Asides for Major Expenditures ....................................................................... 23
ARTICLE V - STORMWATER SYSTEM ........................................................................................................... 24
5.1 Purpose ....................................................................................................................................... 24
5.2 Applicability ................................................................................................................................ 24
5.3 Required Approvals .................................................................................................................... 24
5.4 Compliance with Existing Permits .............................................................................................. 24
5.5 Use of the Public Stormwater System: ....................................................................................... 24
5.6 Best Management Practices ....................................................................................................... 25
ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE
SANITARY SEWERAGE AND STORMWATER SYSTEMS
City of South Burlington Ordinance
3
5.7 Protection from Damage ............................................................................................................ 26
ARTICLE VI - STORMWATER SYSTEM USER FEES ........................................................................................ 26
6.1 Establishment of Stormwater User Fees .................................................................................... 26
6.2 User Fee Credits .......................................................................................................................... 26
6.3 Establishment of ERUs ................................................................................................................ 27
6.4 Billing and Collection .................................................................................................................. 28
6.5 Expenditures ............................................................................................................................... 29
ARTICLE VII – ACCEPTANCE OR INSPECTION OF REGULATED PRIVATE SYSTEMS ...................................... 29
7.1 Exclusively Residential Regulated Private Systems .................................................................... 29
7.2 Regulated Private Systems That Are Not Exclusively Residential ............................................... 31
ARTICLE VIII – MUNICIPAL COST SHARING ................................................................................................. 34
8.1 Purpose ....................................................................................................................................... 34
8.2 Applicability ................................................................................................................................ 34
8.3 Municipal Share of Stormwater Project Costs ........................................................................... 34
ARTICLE IX - INSPECTION AND ENFORCEMENT .......................................................................................... 36
9.1 Power and Authority of Inspectors ............................................................................................ 36
9.2 Administrative Enforcement ...................................................................................................... 37
9.3 Judicial Enforcement .................................................................................................................. 38
9.4 Civil Penalty; Waiver Fee ............................................................................................................ 39
ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE
SANITARY SEWERAGE AND STORMWATER SYSTEMS
City of South Burlington Ordinance
4
The Council of the City of South Burlington hereby ordains:
ARTICLE I - GENERAL
1.1 Definitions
The following words, terms and phrases, when used in this Ordinance, shall have the meanings ascribed to
them in this Section, except where the context clearly indicates a different meaning:
Affordable Housing shall mean either of the following:
(1) Housing that is owned by its inhabitants, whose gross annual household income does not
exceed eighty percent (80%) of the median income for the Burlington-South Burlington
Metropolitan Statistical Area (MSA), as defined by the United States Department of Housing and
Urban Development, and the total annual cost of the housing, including principal, interest, taxes
and insurance, is not more than thirty percent (30%) of the household’s gross annual income; or
(2) Housing that is rented by its inhabitants whose gross annual household income does not
exceed eighty percent (80%) of the median income for the Burlington-South Burlington
Metropolitan Statistical Area (MSA), as defined by the United States Department of Housing and
Urban Development, and the total annual cost of the housing, including rent, utilities, and
condominium association fees, is not more than thirty percent (30%) of the household’s gross
annual income.
Authorized Person The City Manager, Director of Public Works, Deputy Director of Environmental
Services, Stormwater Superintendent, Wastewater Superintendent and such other persons as they
specifically appoint or authorize to perform duties for the Stormwater Division or Wastewater Division.
Best Management Practices (BMPs) Schedules of activities, prohibitions of practices, general good
housekeeping practices, pollution prevention and educational practices, maintenance procedures, and
other management practices to prevent or reduce the discharge of Pollutants directly or indirectly to
the Stormwater System or waters of the State of Vermont or the United States. BMPs also include
treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge
or water disposal, or drainage from raw materials storage.
Biochemical Oxygen Demand (BOD) The quantity of oxygen utilized in the biochemical oxidation of
organic matter under standard laboratory procedure in five (5) days at 20oC expressed in milligrams per
liter.
Building Drain That part of the lowest horizontal piping of a drainage system which receives the
discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to
the Building Sewer. The Building Drain extends five feet beyond the outer face of the building wall.
Building Sewer That part of the sewage system which receives the sewage from the Building Drain and
conveys it to the nearest end of the House Connection unless a House Connection is not available,
ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE
SANITARY SEWERAGE AND STORMWATER SYSTEMS
City of South Burlington Ordinance
5
whereby the Building Sewer shall be extended to the nearest available "Y" branch on the Main Sanitary
Sewer.
City Center Sewer Service Area That area of the City shown in Appendix A, City Center Sewer Service
Area, in this Ordinance.
City Center Uncommitted Reserve Capacity shall be established as 150,000 gallons per day upon the
adoption of this amendment, which amount shall be reduced from time to time upon the granting of
final allocations for development within the City Center Sewer Service Area.
City Manager The City Manager of the City of South Burlington, or his authorized deputy, agent, or
representative.
Combined Sewer A sewer receiving both stormwater runoff and sewage.
Committed Reserve Capacity The total amount of Development Wastewater Flow (gallons per day)
from all projects/buildings for which final allocations have been granted but are not yet discharging to
the SEWER.
Construction Activity shall mean activities including, but not limited to clearing and grubbing, grading,
excavating, and demolition.
Connection Fee A one-time fee imposed on applicants to connect to the municipal sewer system.
Credit An ongoing reduction in the stormwater user fee for certain identified and approved qualifying
and ongoing private actions or activities that reduces the potential impact of increased Stormwater
Discharges that result from development of a property.
Department of Public Works Wastewater Division That City department responsible for construction,
operation and maintenance of the sewage works.
Developed Property Any property that is altered from a natural state by construction or installation of
more than five hundred (500) square feet of Impervious Surface.
Developer Any individual, corporation, association, or other organization engaged in land development
or building construction.
Development Wastewater Flow The flow resulting from full use of the development at its peak
capacity, which flow shall be calculated using flow quantities, adopted as rules by the Vermont
Department of Environmental Conservation, as promulgated at the time a connection permit
application is made.
Discharge Permit A permit issued by the Vermont Department of Environmental Conservation pursuant
to authority granted in 10 V.S.A., Chapter 47, or the U.S. Environmental Protection Agency pursuant to
33 U.S.C. § 1251, et. seq.
Exclusively Residential As used in Article VII of this Ordinance shall mean land development in the City
comprised of properties containing solely residential uses and permitted accessory uses, such as one-
family, two-family and multi-family dwelling units. Land development with commercial, industrial or
other non-residential uses is excluded.
ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE
SANITARY SEWERAGE AND STORMWATER SYSTEMS
City of South Burlington Ordinance
6
Garbage Solid wastes from the domestic and commercial preparation, cooking, and dispensing of food,
and from the handling, storage, and sale of produce.
Hazardous Material Any material, including any substance, waste, or combination thereof, which
because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or
significantly contribute to, a substantial present or potential hazard to human health, safety, property,
or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
House Connection That part of the sewage system that runs from the Main Sanitary Sewer to the
property line and includes all necessary fittings.
Impervious Surface Those manmade surfaces, including, but not limited to, paved and unpaved roads,
parking areas, roofs, driveways, sidewalks, walkways, compacted gravel and soil surfaces, storage areas,
and awnings and other permanent fabric or plastic coverings, from which precipitation runs off rather
than infiltrates.
Illicit Discharge Any direct or indirect Non-Stormwater Discharge to the Stormwater System.
Industrial Activity Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26
(b)(14).
Industrial Wastes The liquid wastes from an industrial manufacturing process, trade, or business.
Industrial Wastes do not include sanitary sewage.
Main Sanitary Sewer The sewers laid longitudinally along the center line or other part of the streets or
other rights-of-way and which all owners or abutting properties have equal rights and which is
controlled by public authority.
MS4 Permit The Vermont Agency of Natural Resources’ General Permit #3-9014, as amended or re-
issued, pursuant to which the City obtained coverage for Stormwater discharges from its municipal
separate storm sewer system.
National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit A permit
issued by EPA (or by a State under authority delegated pursuant to 33 USC § 1342(b)) that authorizes
the discharge of pollutants to waters of the United States, whether the permit is applicable on an
individual, group, or general area-wide basis.
Natural Outlet Any outlet into a Watercourse, pond, ditch, lake, or other body of surface or
groundwater.
Non Single Family Residence (NSFR) All types of Developed Property in the City except Single Family
Residences.
Non-Stormwater Discharge Any discharge to the Stormwater System that is not composed entirely of
Stormwater or such other waters or materials as are specifically authorized herein. It shall also include
placing or depositing any Hazardous Material or Pollutant in the Stormwater System.
ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE
SANITARY SEWERAGE AND STORMWATER SYSTEMS
City of South Burlington Ordinance
7
On-Site Sewage Treatment and Disposal System A septic tank and leaching field system utilizing natural
soil to treat and disperse sewage in such a manner as to protect public health, and both groundwater
and surface water from contamination.
Permitted Wastewater Flow The maximum Plant Wastewater Flow authorized in the Discharge Permit
on an annual average (365 day average) basis, or on the high seasonal use period as defined in the
Discharge Permit.
Person Any individual, firm, company, association, society, corporation, institution, partnership,
governmental entity, group or other entity.
Plant Wastewater Flow The wastewater passing through the treatment plant in gallons per day on an
annual average basis (365 day average) except where flows vary significantly from seasonal
development. In the latter case, Plant Wastewater Flow is determined as the average throughout the
high seasonal use period, as determined by the BOARD.
Plants Municipal sewage treatment plants owned by the City of South Burlington.
Private Sewage System or Facilities All facilities for collecting, pumping, treating, and disposing of
sewage that is not under the control of nor operated by the City of South Burlington.
Public Sewage System or Facilities All facilities for collecting, pumping, treating and disposing of sewage
and is controlled and operated by the City of South Burlington.
Public Stormwater System All elements of the Stormwater System located in the City of South
Burlington that are controlled and operated by the City of South Burlington or that carry water that
drains from any public property, including street rights-of-way.
Pollutant Any introduced substance which causes or contributes to pollution. Pollutants may include,
but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous
liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or
abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution;
floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal
coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that
result from constructing a building or structure; and noxious or offensive matter of any kind.
Regulated Private System Those Stormwater Systems located on privately owned property in the City
that are subject to or required to obtain a permit for Stormwater Discharges under federal or state law,
which permits routinely require installation and maintenance of stormwater management or treatment
improvements.
Reserve Capacity The Permitted Wastewater Flow minus the actual Plant Wastewater Flow during the
preceding 12 months.
Sanitary Sewer A sewer which carries sewage and to which storm, surface, and groundwaters are not
intentionally admitted.
ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE
SANITARY SEWERAGE AND STORMWATER SYSTEMS
City of South Burlington Ordinance
8
Sewage or Wastewater A combination of the water-carried wastes from residences, business buildings,
institutions, and industrial establishments, together with such ground, surface, and stormwaters as may
be present.
Sewage and Stormwater Commissioners (or “Commissioners", or “Board”) Members of the City Council
acting as a Board of Sewage and Stormwater Commissioners under 24 V.S.A., Section 3614.
Sewage Treatment Plant Any arrangement of devices and structures used for treating sewage.
Sewer A pipe, culvert, ditch, swale or other conduit for carrying sewage or Stormwater.
Sewer Service Area That area of the City that is within 200 feet horizontally from existing municipal
collection lines and manholes, excluding the City Center Sewer Service Area, as shown on the Sewer
Service Area Map, dated January 3, 2001, located in Map 5, Public Utilities #2, of the South Burlington
Comprehensive Plan. The Sewer Service Area may be altered by adoption of an amendment to this
Ordinance. If there is any conflict between the Sewer Service Area shown on the above-referenced map
and the City Center Sewer Service Area, as defined herein, the area included within the City Center
Sewer Service Area shall control.
Sewers - The sewage collection and transmission system owned by the City of South Burlington.
Shall is mandatory; "may" is permissive.
Single Family Residence (SFR) Detached single family homes, duplexes, and triplexes.
Slug Any discharge of water, sewage, or Industrial Waste which in concentration of any given
constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes
more than five (5) times the average twenty-four (24) hour concentration or flows during normal
operation.
Storm Drain A sewer intended to carry only stormwater and surface waters.
Stormwater Excess water from rainfall and snow melt that does not evaporate or penetrate into the
ground, which flows overland and is collected and transported to waters of the State of Vermont or the
United States by the Stormwater System, together with any material that becomes dissolved or
suspended in such water during its overland flow before entering the Stormwater System.
Stormwater Appeal Board The City Manager, Public Works Director, and a third person appointed by
the City Council.
Stormwater Discharge Any Stormwater that is transported, naturally or otherwise, from a Developed
Property to the Public Stormwater System or to a Watercourse.
Stormwater Services Division That City division within the Department of Public Works responsible for
construction, operation and maintenance of the Public Stormwater System.
Stormwater System Natural and man-made drainage structures, conveyances, Storm Drains, catch
basins, and any other appurtenant device or structure where Stormwater is collected, transported,
pumped, treated, or disposed of.
ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE
SANITARY SEWERAGE AND STORMWATER SYSTEMS
City of South Burlington Ordinance
9
Stormwater Superintendent That employee of the City of South Burlington who shall be designated
from time to time by the City Manager to oversee the Stormwater Services Division.
Stormwater Upgrade Feasibility Analysis or SUFA Those standards and procedures, as adopted and
amended by City Council, defining the processes of engineering feasibility analysis for upgrade, repair
and maintenance of Stormwater Systems in the City, which shall be incorporated by reference herein.
Subdivision A tract of land, owned or controlled by a Person as defined herein, which has been
partitioned or is intended to be divided for the purpose of sale or lease into two (2) or more lots. The
dividing of a parcel of land by sale, gift, lease, mortgage foreclosure, court ordered partition or filing of
a plot plan on the city records where the act of division creates one or more parcels of land of less than
10 acres in area, but excluding leases subject to the provisions of Chapter 153 of Title 10 relating to
mobile homes. Subdivision shall be deemed to have occurred on the conveyance of the first lot or the
filing of a plot plan on the city records, whichever shall first occur; or the commencement of building
development with intent to subdivide, such that the building development will be located upon a parcel
of land less than 10 acres in size.
Suspended Solids Solids that either float on the surface of, or are in suspension in water, sewage, or
other liquids, and which are removable by laboratory filtering or use of BMPs.
Uncommitted Reserve Capacity That portion of the Reserve Capacity remaining after subtracting the
Development Wastewater Flow of all projects for which a final allocation has been granted but are not
yet discharging to the SEWER and any capacity reserved by the City Council for allocation to
development in the City Center Sewer Service Area.
VSMM The Vermont Stormwater Management Manual, as amended from time to time by the Agency
of Natural Resources, which shall be incorporated by reference herein.
Wastewater Superintendent That employee of the City of South Burlington who shall be designated
from time to time by the City Manager to oversee the Department of Public Works Wastewater Division.
Watercourse A channel in which a flow of water occurs, either continuously or intermittently.
1.2 Abbreviations
ASTM American Society for Testing and Materials.
WPCF Water Pollution Control Federation.
pH The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of
solution.
Ppm Parts per million.
mg/l Milligrams per liter.
Degrees F Degrees Fahrenheit.
Degrees C Degrees Centigrade.
ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE
SANITARY SEWERAGE AND STORMWATER SYSTEMS
City of South Burlington Ordinance
10
cm.Centimeter.
m.Meter.
l.Liter.
ARTICLE II - SANITARY SEWER SYSTEM
2.1 Use of Public Sanitary Sewer System Required
(A) It shall be unlawful for any Person to place, deposit, or permit to be deposited on public or private
property within the City of South Burlington, or in any area under the jurisdiction of said City, any human or
animal excrement, garbage, or other objectionable waste.
(B) It shall be unlawful to discharge to any Natural Outlet within the City of South Burlington, or in any
area under the jurisdiction of said City, any sewage or other polluted waters, except where suitable
treatment has been provided in accordance with provisions of this Ordinance.
(C) Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault,
septic tank, cesspool, leach field or other facility intended or used for the disposal of sewage.
(D) The owners of all houses, buildings, or properties used for human occupancy, employment,
recreation, or other purposes, situated within the City and abutting on any street, alley, or right-of-way in
which there is located a public sanitary or Combined Sewer of the City, is hereby required at his expense to
install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in
accordance with the provisions of this Ordinance, within one hundred and eighty (180) days after date of
official notice to do so, unless specifically exempted from this provision by the City Council.
2.2 Private Sewage Disposal
(A) Where a public sanitary or combined sewer is not available under the provisions of Section 2.1,
paragraph (D), the Building Sewer shall be connected to a Private Sewage System complying with the
provisions of this Section 2.2
(B) Before commencement of construction of a Private Sewage System the owner shall first obtain a
written permit signed by the City Manager. The application for such permit shall be made on a form
furnished by the City, which the applicant shall supplement by any plans, specifications, and other
information as are deemed necessary by the City Manager. A permit and inspection fee of $25.00 shall be
paid to the City at the time the application is filed.
(C) A permit for a Private Sewage System shall not become effective until the installation is completed
to the satisfaction of the City Manager. He shall be allowed to inspect the work at any stage of construction
and, in any event, the applicant for the permit shall notify the City Manager when the work is ready for final
inspection and before any underground portions are covered. The inspection shall be made within 24 hours
of the receipt of notice by the City Manager, excluding Saturday, Sunday, and holidays.
ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE
SANITARY SEWERAGE AND STORMWATER SYSTEMS
City of South Burlington Ordinance
11
(D) The type, capacities, location, and layout of a Private Sewage System shall comply with all
recommendations of the Vermont Health Regulations, Chapter 5, Sanitary Engineering, Sub Chapter 10
Wastewater Treatment and Disposal, Individual on-site systems. No septic tank or cesspool shall be
permitted to discharge to any Natural Outlet. Amended 5/5/92.
(E) At such time as a public sewer becomes available to a property served by a Private Sewage System,
as provided in Section 2.1, paragraph (D), a direct connection shall be made to the public sewer in
compliance with this Ordinance, and any septic tanks, cesspools, and similar private sewage thoroughly and
properly cleaned, disinfected, and filled in or removed according to good sanitation practice and under the
inspection and direction of the City Manager or his representative.
(F) The owner shall operate and maintain the Private Sewage Facilities in a sanitary manner at all times,
at no expense to the City.
(G) No statement contained in this Section 2.1 shall be construed to interfere with any additional
requirements that may be imposed by the City of South Burlington Health Officer.
2.3 Building Sewers and Connections
(A) No unauthorized Person shall uncover, make any connections with or opening into, use, alter, or
disturb any public sewer or appurtenance thereof without first obtaining a written permit from the
Wastewater Superintendent. Any Person proposing a new discharge into the system or a substantial change
in the volume or character of Pollutants that are being discharged into the system, shall notify the
Wastewater Superintendent at least 45 days prior to the proposed change or connection. No such change
or connection shall be made without written approval from the Wastewater Superintendent, issued in
accordance with Article III of this Ordinance.
(B) There shall be three (3) classes of Building Sewer permits: (i) for residential, (ii) for commercial
service, and (iii) for service to establishments producing Industrial Wastes. In each case, the owner or the
owner’s agent shall make application on a form furnished by the City. The permit application shall be
supplemented by any plans, specifications, or other information considered pertinent in the judgment of
the Wastewater Superintendent. The City Council may establish fees for review and issuance of permits
and approvals, inspections and connections.
(C) All costs and expense incident to the installation, connection, maintenance and repair of the
Building Sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage
that may directly or indirectly be occasioned by the installation, connection, maintenance, and repair of the
Building Sewer.
(D) A separate and independent Building Sewer shall be provided for every building; except where one
building stands at the rear of another or on an interior lot and no private sewer is available or can be
constructed to the rear building through an adjoining alley, court, yard, or driveway, in which case the
Building Sewer from the front building may be extended to the rear building and the whole considered as
one Building Sewer. Use of private sewers which accept and convey flow from more than one building may
not be used except when found, on examination and test by the City, to be in satisfactory condition and
meeting all requirements of this Ordinance. The burden of proof and all expenses incurred by the City to
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determine the condition and adequacy of the private sewer shall be borne by the Owner of said private
sewer.
(E) The City may require the Owner of a project or Developer to install a water meter so recorded flow
can be used to determine the yearly wastewater charge. Water saving fixtures or equalization tanks may
be required by the City for projects/buildings and developments connecting to the sewer system.
(F) Old Building Sewers may be used in connection with new buildings only when they are found, on
examination and test by the Wastewater Superintendent, to meet all requirements of this Ordinance.
(G) The size, slope, location, alignment, materials of construction, of a Building Sewer, and the methods
to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to
the requirements of the building and plumbing code or other applicable rules and regulations of the City
and shall also conform to the rules and requirements of the Wastewater Division and the State of Vermont.
In the absence of code provisions or in amplification thereof, the materials and procedures set forth in
appropriate specifications of the ASTM and the latest edition of the WPCF Manual of Practice No. 9 shall
apply.
(H) Whenever possible, the Building Sewer shall be brought to the building at an elevation below the
basement floor. No Building Sewer shall be laid parallel to or within three (3) feet (91.4 cm) of any bearing
wall which might thereby be weakened. The depth shall be sufficient to afford protection from frost. The
Building Sewer shall be laid at uniform grade in the direction from the main sewer to the building and in a
straight alignment insofar as possible. Change in direction shall be made only with properly curved pipe
and fittings with suitable clean-outs or flush holes as described in paragraph (R) of this Section. In all
buildings in which any Building Drain is too low to permit gravity flow to the public sewer, sanitary sewage
to be carried by such sewer shall be lifted by an approved artificial means and discharged to the Building
Sewer. Such lifting devices shall be located outside the building foundation and have no access or
ventilation through the building.
(I) No Person shall make connection of roof downspouts, exterior and interior foundation drains,
areaway drains, basement sumps or other sources of surface runoff or groundwater to a Building Sewer or
Building Drain which in turn is connected directly or indirectly to a public Sanitary Sewer. All such
connections which exist shall be disconnected by the owner, at his expense within thirty (30) days upon
receipt of notification by the City.
(J) The connection of the Building Sewer into the public sewer shall conform to the requirements of
the building and plumbing code or other applicable rules and regulations of the City and the State of
Vermont, and shall also conform to the rules and requirements of the Wastewater Division, or the
procedures set forth in appropriate specifications of the ASTM and the latest edition of the WPCF Manual
of Practice No. 9. All such connections shall be made gas tight and water tight. Any deviation from the
prescribed procedures and materials must be approved by the Wastewater Superintendent before
installation.
(K) Prior to any connection to the House Connection "Y" or to the main sewer, the City shall be given
two working days notice in order that they may supervise such work. If the City has not been properly
notified, they may require the completed work to be uncovered for examination, at the owner's expense.
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(L) The diameter of the Building Sewer shall not be less than four (4) inches (10.2 cm). The Building
Sewer shall be laid on a uniform grade, wherever practicable, in a straight alignment, of at least one-fourth
(1/4) of an inch per foot (2%). Where, in special cases, a minimum grade of one-fourth (1/4) inch per foot
cannot be maintained, a grade of one-eighth (1/8) inch per foot (1%) may be permitted, but only after the
City gives their written approval for the specific connection.
(M) When installing the Building Sewer, the trenches shall be dug in a careful manner and properly
sheathed where required. The excavated materials shall be placed in a separate pile from road materials
and shall be piled in a compact heap so placed as to cause the least possible inconvenience to the public.
Proper barricades and lights must be maintained around the trench to guard against accidents.
(N) In backfilling, the material under, around and for two (2) feet (61 cm) immediately over the pipe
shall be selected so it contains no stones capable of damaging the installation. This must be carefully
tamped, the balance of the trench to be backfilled in a workmanlike manner, tamping and filling in eight (8)
inch (20.3 cm) layers so as to avoid excessive settlement. When the trench has been filled to the proper
height, the road material is to be replaced and heavily tamped or rolled.
(O) Where the trench is excavated in rock, the rock must be carefully excavated to a depth of six (6)
inches (15.2 cm) below the bottom of the sewer and the trench brought to the proper elevation with gravel
or other material satisfactory to the City. The remainder of the trench must be backfilled with suitable
material as described in paragraph (N) of this Section.
(P) Where subsurface-soil conditions warrant, special precautions must be taken as may be directed by
the City. In quicksand, all pipes must be laid out on pressure treated planking two (2) inches (5.1 cm) thick
by at least six (6) inches (15.2 cm) wide.
(Q) The connection of the Building Sewer to the main sewer shall be made at the house connection at
the property line or, if no House Connection exists, connection shall be made at the nearest available "Y"
connection on the main sewer. The City will designate the position of the end of the House Connection at
the property line or the "Y" connection on the main sewer, whichever is appropriate. If it becomes
necessary to cut into the main sewer, when no other source of connection is available, then such connection
shall be made as directed by and under the supervision of the City. The dead-ends of all pipes not
immediately connected with the house plumbing system must be securely closed by a water-tight cover of
imperishable material and properly marked and located.
(R) The use of clean-outs on the Building Sewer shall be made by installing a "Y" and one-eighth (1/8)
bends. The clean-outs shall ordinarily be installed at the point of connection between the Building Sewer
and the outside part of the house plumbing system, at all curves on the Building Sewer and on the straight
part of the house sewer to the main sewer. The clean-out shall be brought up from the Building Sewer to
four (4) inches (10.2 cm) below ground level and properly capped. Locations of all clean-outs shall be
recorded and turned over to the City. Where the distance from the building to the point of connection at
the main sewer is less than fifty (50) feet (15.2 m), at least one (1) clean-out twenty (20) feet (6.1 m) from
the house shall be provided. Clean-outs shall be of the same diameter as the Building Sewer.
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(S) Before any portion of an existing Building Sewer or the house plumbing system outside of the
building is connected to the main sewer, the owner shall prove, to the satisfaction of the City, that it is clean
and conforms in every respect to this Ordinance and all joints are gas tight and water tight.
(T) Where pipe is installed for Building Sewers, such work shall be performed by a licensed plumber.
(U) The City shall apply appropriate tests to the pipes. The plumber and contractor, at their own
expense, shall furnish all necessary tools, labor, materials and assistance for such tests and shall remove or
repair any defective materials when so ordered by the City.
(V) Any Person performing work on public property for the purpose of installing a Building Sewer shall
file with the City evidence of adequate insurance coverage for liability and property damage. Minimum
amounts of coverage will be established by the City and posted in the City Clerk's Office.
(W) All work shall be adequately guarded with barricades and lights so as to protect the public from
hazard. Streets, sidewalks, curbs, and other public property disturbed in the course of the work shall be
restored in a manner satisfactory to the City and other authorities having jurisdiction.
(X) The Contractor shall not block any driveway, street or road at any time without permission of the
City and other controlling agencies. Every effort shall be made to permit the movement of vehicular traffic
at all times. Whenever it becomes necessary to cross or interfere with roads, walks or drives, whether
public or private, the Contractor shall maintain, at his own expense and subject to the approval of the City,
safe bridges or other means of egress.
(Y) Maintenance of all Private Sewage Disposal Facilities including, but not limited to, (1) house
plumbing systems, (2) Building Sewers to the main sewer, (3) House Connections, (4) sewers and (5)
appurtenances shall be the responsibility of the owner, at his or her expense. The owner shall be solely
responsible for continually maintaining such facilities in satisfactory operating condition. Maintenance shall
include, but not be limited to, (1) maintaining flow, (2) clearing obstructions, (3) maintaining all joints gas
and water-tight, (4) repair or replace collapsed, deteriorated or defective materials, and (5) all other work
which is necessary and essential to maintaining proper operation and preserving the structural integrity and
water-tightness of the system.
(Z) The owner is obligated by sewer and any other permits to construct the
project/building/development to meet all specifications for which the permits/approvals were issued. The
building inspector or some Authorized Person will inspect existing buildings and construction sites from time
to time during each construction phase to assure permit specifications are being met. A final inspection
shall be made prior to the connection from the building to the main sewer line by the City.
2.4 Prohibited Discharges into the Public Sanitary Sewer System
(A) No Person shall discharge or cause to be discharged any Stormwater, surface water, groundwater,
roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to
any Sanitary Sewer.
(B) No Person shall discharge or cause to be discharged any of the following described waters or wastes
to any public Sanitary Sewers:
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(1) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas.
(2) Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity,
either singly or by interaction with other wastes, to injure or interfere with any sewage treatment
process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the
receiving waters of the sewage treatment plant.
(3) Any waters or wastes having a pH lower than 5.5, or higher than 9.5 or having any other
corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the
Public Sewage Facilities.
(4) Solid or viscous substances in quantities or of such size capable of causing obstruction to the
flow in sewers, or other interference with the proper operation of the Public Sewage Facilities such as,
but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics,
wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes,
cups, milk containers, etc. either whole or ground by garbage grinders.
(C) No Person shall discharge or cause to be discharged the following described substances, materials,
waters, or wastes if it appears likely in the opinion of the Wastewater Superintendent that such wastes can
harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving
stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his
opinion as to the acceptability of these wastes, the Wastewater Superintendent will give consideration to
such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials
of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment
plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The
substances prohibited are:
(1) Any liquid or vapor having a temperature higher than one hundred fifty (150)oF (65oC).
(2) Any water or wastes containing fats, wax grease, or oils, whether emulsified or not, in excess of
one hundred (100) mg/l or containing substances which may solidify or become viscous at temperatures
between thirty-two (32) and one hundred fifty (150)oF and (0 and 65oC).
(3) Any garbage that has not been properly shredded. As used herein “properly shredded” means
that the wastes from the preparation, cooking, and dispensing of food that have been shredded to such
a degree that all particles will be carried freely under the flow conditions normally prevailing in public
sewers, with no particle greater than one-half (½) inch (1.27 centimeters) in any dimension. The
installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4)
horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Wastewater
Superintendent.
(4) Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating
solutions whether neutralized or not.
(5) Any waters or wastes containing settleable solids, iron, chromium, copper, zinc, and similar
objectionable or toxic substances; or wastes exerting an excessive chlorine demand, exerting an unusual
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chemical oxygen demand or containing any other material or constituent in concentrations which
exceed the limits established by the Wastewater Superintendent for such materials.
(6) Any waters or wastes containing phenols or other taste-or-odor-producing substances, in such
concentrations exceeding limits which may be established by the Wastewater Superintendent as
necessary, after treatment of the composite sewage, to meet the requirements of the State, Federal,
and other public agencies of jurisdiction for such discharge to the receiving waters.
(7) Any radioactive wastes or isotopes of such half-life, or concentration as may exceed limits
established by the Wastewater Superintendent in compliance with applicable State or Federal
regulations.
(8) Any chemicals or chemical compounds of the following nature or characteristics or having
similarly objectionable characteristics: alcohols, arsenic and arsenicals, phenols or cresols,
formaldehydes, iodine, manganese, cyanide, heavy metals and other metal finishing or plant wastes,
acid pickling waste, mercury and mercurials, silver and silver compounds, sulfonamides, toxic dyes
(organic or mineral), zinc, all strong oxidizing agents such as chromates, dichromates, permanganates,
peroxide and the like, compounds producing hydrogen sulfide, or any other toxic, inflammable or
explosive gases, either upon acidification, alkalization, oxidation or reduction, strong reducing agents
such as nitrites, sulphides, sulphites, and the like, radioactive materials or isotopes, whether neutralized
or not.
(9) Materials which exert or cause:
(a) Unusual concentrations of inert Suspended Solids (such as, but not limited to, Fullers earth,
lime slurries, and lime residues) or of the dissolved solids (such as, but not limited to, sodium
chloride and sodium sulfate).
(b) Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning
solutions).
(c) Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to
constitute a significant load on the sewage treatment works which may cause the effluent
limitations of the Discharge Permit to be exceeded.
(d) Unusual volume of flow or concentration of wastes constituting a Slug as defined herein.
(10) Waters or wastes containing substances which are not amenable to treatment or reduction by
the sewage treatment processes employed, or are amenable to treatment only to such degree that the
sewage treatment plant effluent cannot meet the requirements of its Discharge Permits or of other
agencies having jurisdiction over discharge to the receiving waters.
(11) Any waters or wastes containing Suspended Solids of such character and quantity that unusual
attention or expense is required to handle such materials at the wastewater treatment plant.
(12) Any noxious or malodorous gas or substance capable of creating a public nuisance.
(13) Any waters or wastes if it appears likely, in the opinion of the Wastewater Superintendent, that
such waste can harm either the sewers, treatment plant process or equipment, would have an adverse
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effect on waters of the State of Vermont or the United States, or could otherwise endanger human or
animal life, limb, public property or constitute a nuisance.
(D) The admission into the public Sanitary Sewers of any waters or wastes having (a) a five (5) day BOD
greater than 400 mg/l or (b) containing more than 400 mg/l of Suspended Solids or (c) containing any
quantity of substances having the characteristics described in paragraph (C) and (D) above, having an
average daily flow greater than two percent (2%) of the average daily sewage flow received at the sewage
treatment plant shall be subject to the review and approval of the Wastewater Superintendent. The
Wastewater Superintendent may:
(1) Reject the wastes, or,
(2) Require control over the quantities and rates of discharge, or
(3) Require payment to the City to cover the added cost of handling, treating and disposing of the
wastes not covered by sewer charges established under the provisions of Article IV of this Ordinance,
or
(4) Require pretreatment to an acceptable condition for discharge to the public sewers, or
(5) Require any combination of the foregoing.
If the City Manager permits the pretreatment or equalization of waste flows, the design, plans,
specifications and any other pertinent information relating to proposed equipment and facilities
shall be submitted for the approval of the City Manager and the Agency of Natural Resources and
no construction of such facilities shall be commenced until said approvals are obtained in writing.
Further, such pretreatment facilities must be consistent with the requirements of any state
pretreatment permit issued to the industry.
(E) Grease, oil, and sand interceptors shall be provided when, in the opinion of the Wastewater
Superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive
amounts, or any flammable wastes, sand, and or other harmful ingredients. Such interceptors shall not be
required for private living quarters. All interceptors shall be of a type and capacity approved by the
Wastewater Superintendent, and shall be located as to be readily and easily accessible for cleaning and
inspection. Such interceptors shall be inspected, cleaned and repaired regularly, as needed, by the user at
their expense.
(F) The user shall maintain records (which are subject to review by the Wastewater Superintendent) of
the dates and means of disposal of accumulated interceptor wastes. Any removal and hauling of the
collected materials not performed by the user’s personnel must be performed by currently licensed waste
disposal firms
(G) To facilitate compliance with this Section, the user shall apply for a permit and furnish as part of the
permit application a plan and description of the device. Where grease, oil or sand interceptors or similar
appurtenances are involved, approval must be granted from both the Wastewater Superintendent and the
Public Works Director.
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(H) Grease and oil interceptors shall be constructed of impervious materials capable of withstanding
abrupt and extreme changes in temperature. They shall be of substantial construction and equipped with
easily removable covers which, when bolted in place, shall be gas-tight and water-tight.
(I) Where installed, all grease, oil, hair, and sand interceptors shall be maintained by the owner, at
his/her expense, in continuously efficient operation at all time. Materials collected shall not be introduced
into the Public Sewage System.
(J) Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes,
they shall be maintained continuously in satisfactory and effective operation by the owner at his/her
expense.
(K) All industries discharging into a public sewer shall perform such monitoring of their discharges as
the Wastewater Superintendent may reasonably require, including installation, use, and maintenance of
monitoring equipment, keeping records and reporting the results of such monitoring to the Wastewater
Superintendent. Where industrial pretreatment permits are issued by the State of Vermont, monitoring
records must also be submitted to the appropriate agency in accord with such permit. Such records shall
be made available upon request by the Wastewater Superintendent to the State agency or to other agencies
having jurisdiction over discharges to the receiving waters. Records of any monitoring will be supplied by
the Wastewater Superintendent to the Vermont Secretary of the Agency of Natural Resources on request.
(L) All measurements, tests, and analyses of the characteristics of waters and wastes to which
reference is made in this Ordinance shall be determined in accordance with the latest edition of "Standard
Methods for the Examination of Water and Wastewater," published by the American Public Health
Association, and shall be determined at the control manhole provided, or upon suitable samples taken at
said control manhole. In the event that no special manhole has been required, the control manhole shall
be considered to be the nearest downstream manhole in the public sewer to the point at which the Building
Sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of
constituents upon the sewage works and to determine the existence of hazards to life, limb, and property.
The particular analyses involved will determine whether a twenty-four (24) hour flow composite of all
outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but
not always, BOD and Suspended Solids analyses are obtained from 24-hr proportioned composites of all
outfalls whereas pH's are determined from periodic grab samples.
(M) Any industry held in violation of the provisions of this Ordinance may have its disposal authorization
terminated.
(N) When required by the Wastewater Superintendent, the Owner of any property served by a Building
Sewer carrying Industrial Wastes shall install a suitably controlled manhole in the Building Sewer to facilitate
observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessible
and safely located and shall be constructed in accordance with plans approved by the Wastewater
Superintendent. The manhole shall be installed by the Owner, at his/her expense, and shall be maintained
by the owner so as to be safe and accessible at all times.
(O) Scavenger waste consists of septage, sludge or other forms of waste brought to the wastewater
facility for treatment and disposal. The waste must meet all article II requirements.
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(1) The discharge of scavenger wastes at designated septage receiving areas at the City’s
wastewater treatment facilities may be permitted. The discharge of scavenger wastes from sources
outside of the City may be permitted with approval of the Wastewater Superintendent of Wastewater
Division.
(2) There will be a fee charged each time a load of scavenger waste is discharged at the City’s
wastewater treatment facilities. Such fee will be determined by the City Council and will be based upon
the quantity and quality of the discharged waste.
(P) No statement in this Ordinance shall be construed as preventing any special agreement or
arrangement between the City and any industrial concern whereby an Industrial Waste of unusual strength
or character may be accepted by the City for treatment, subject to payment therefore, by the industrial
concern, provided that such agreements do not contravene any requirements of existing Federal laws and
are compatible with any user charge and industrial cost recovery system in effect.
2.5 Protection from Damage
No Person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, or tamper with
any structure, appurtenance, or equipment which is a part of the public sanitary sewage system. Any Person
violating this provision shall be subject to immediate arrest under the charge of unlawful mischief as set
forth in Title 13, Section 3701 of the Vermont Statutes Annotated.
ARTICLE III - CAPACITY ALLOCATION
3.1 Ownership of Capacity
(A) The City of South Burlington owns and operates sewage treatment and disposal plants (PLANTS)
and a sewage collection and transmission system (SEWERS) as defined in 24 V.S.A., Section 3501(6) and
3601. The PLANTS have a permitted capacity, and are operated in accord with discharge permits issued by
the Vermont Department of Environmental Conservation under authority granted in 10 V.S.A., Chapter 47.
The City is obligated by law to comply with conditions of those permits, and to operate and manage the
PLANTS and SEWERS as governmental functions under and pursuant to 24 V.S.A., Chapters 97 and 101.
(B) The permitted capacity of the PLANTS and SEWERS is the property of the City of South Burlington.
3.3 Reserve Capacity Allocation
(A) Determination of Amount of Allocation. All allocations to projects shall be based on the
Development Wastewater Flow. Any differential between actual flows and Development Wastewater Flows
that occurs is not available to the development owner for reallotment to another project or a project
expansion.
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(B) Application Process. Persons seeking an allocation of Uncommitted Reserve Capacity or City Center
Uncommitted Reserve Capacity of the PLANTS and SEWERS, shall apply to the Wastewater Superintendent
for a preliminary allocation on a form prescribed by the Wastewater Division. Such application shall:
(1) Be accompanied by a calculation of the Development Wastewater Flow to be generated by the
project/development;
(2) Include calculations for the volume, flow rate, strength and any other characteristics
determined appropriate by the Wastewater Superintendent;
(3) Unless waived by the Wastewater Superintendent all calculations required in (1) and (2) above
for developments generating over 1000 gpd shall be certified by a Vermont registered engineer.
3.4 Preliminary Allocation Determination
(A) Upon receipt of the application for capacity allocation and supportive documents, the Director of
Public Works shall make a preliminary determination regarding allocation of Uncommitted Reserve Capacity
or City Center Uncommitted Reserve Capacity. The Director of Public Works shall award a preliminary
allocation upon making affirmative findings that:
(1) The proposed wastewater is of domestic, sanitary origin or, the proposed wastewater is not of
domestic sanitary origin and that sufficient evidence has been presented by the applicant to
demonstrate that the flow and character of the wastewater is compatible with the proper operation of
the PLANTS and SEWERS and that the proposed wastewater will not alone or in combination with other
wastes cause a violation of the discharge permit, pass through the PLANTS without treatment, interfere
with or otherwise disrupt the proper quality and disposal of PLANT sludge or be injurious in any other
manner to the PLANT or SEWERS and that there is sufficient Uncommitted Reserve Capacity to
accommodate the strength and volume of the proposed development;
(2) There is sufficient Uncommitted Reserve Capacity or City Center Uncommitted Reserve Capacity
as of the date of the application to accommodate the Development Wastewater Flow of the proposed
development.
(B) A preliminary determination by the Director of Public Works allocating capacity shall not constitute
a binding commitment of capacity to the applicant and may be revoked by the Director of Public Works
before a final allocation of capacity is granted if Uncommitted Reserve Capacity ceases to be available. A
preliminary determination may be used by an applicant as evidence that a proposed development has
sufficient sewer capacity available.
3.5 Final Capacity Allocation
(A) An applicant who holds a preliminary allocation of capacity granted pursuant to Section 3.4 above,
may apply for a final allocation upon occurrence of the following:
(1) Obtained site plan, conditional use and/or variance approval(s), if such approvals are the only
approvals, except a zoning permit, required for the proposed development under City zoning and
subdivision regulations then in effect; or
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(2) Obtained final approval for a Subdivision, PUD or PRD if such approvals are the only approvals,
except a zoning permit, required for the proposed development under City zoning and subdivision
regulations then in effect; or
(3) Obtained all approvals required under sub-paragraphs (1) and (2) above, if such approvals are
required for the proposed development under City zoning and subdivision regulations then in effect; or
(4) Obtained a zoning permit if that is the only approval required under City zoning and subdivision
regulations then in effect; or
(5) Does not require any approvals under City zoning and subdivision regulations then in effect.
(B) Upon receipt of an application for final allocation, the Director of Public Works shall grant a final
allocation upon determination that the applicant has a preliminary allocation which has not been revoked
and that sufficient Uncommitted Reserve Capacity is available for the development.
(C) A grant of final allocation shall constitute a binding commitment of sewer capacity to the applicant
subject to applicant’s compliance with all conditions imposed on such allocation.
3.6 Final Allocation Conditions
(A) A final allocation shall specify the allowed volume, flow rate, strength frequency and any other
characteristics of the proposed discharge determined appropriate by the Director of Public Works.
(B) The capacity allocation is not transferable to any other Person or development, except a successor
in interest of the development for which the allocation has been granted.
(C) The construction of the connection and, if necessary, the municipal SEWER extension, must be
overseen to assure compliance with the plans and specifications and good construction practice in a manner
acceptable to the City.
(D) A final capacity allocation shall expire on the first to occur of the following events unless prior to
such date the development for which the allocation has been granted has commenced discharging into the
SEWER:
(1) the date that any approval required for grant of the final allocation, as identified in Section 3.5
above, expires, unless prior to such date the applicant has applied for any required zoning permit(s) to
construct the development;
(2) the date that any zoning permit authorizing construction of improvements for which the
allocation has been granted expires;
(3) ten (10) years from the date the final allocation is granted, for any development that requires
any approval under the City zoning or subdivision regulations, or two (2) years from the date the final
allocation is granted, for any development that does not require approval under the City zoning or
subdivision regulations.
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(E) An Applicant for development involving a single use or unit shall pay one hundred (100%) percent
of all Connection Fees prior to grant of a final allocation. If the development involves multiple uses and/or
units that will connect to the SEWER, the applicant shall pay fifty (50%) of all Connection Fees prior to grant
of final allocation and the remaining fifty percent (50%) will be prorated based on the development flow for
each use or unit. The prorated payment for a use or unit shall be payable upon issuance of a zoning permit
for construction of improvements for the use or unit. If the development is an Affordable Housing project,
one hundred percent (100%) of all Connection Fees will be prorated based on the number of uses and/or
units. The prorated portion for a use or unit shall be payable upon issuance of a zoning permit for
construction of improvements for the use or unit. If the development does not require issuance of a zoning
permit, applicant shall pay one hundred percent (100%) of all Connection Fees prior to grant of a final
allocation.
ARTICLE IV - SEWAGE DISPOSAL CHARGES, TIME OF PAYMENT THEREOF, AND
PENALTIES FOR NON-PAYMENT
4.1 Operation and Maintenance
An annual charge, which shall be determined by the City Council, is hereby imposed upon every Person
having a building or structure on their premises and who are served by the municipal Public Sewage System
where sewage may be collected for the use of the premises by the owners, or other users of real property
within the City of South Burlington. The annual charge shall be for the purpose of the payment associated
with the costs or operating, maintaining and repairing said system. The City Council may establish annual
charges separately for bond payments, for fixed operating and maintenance costs not dependent on actual
or estimated use and for variable operations and maintenance costs dependent on actual or estimated use.
The charges and/or connector fees shall be set by resolution of the City Council.
4.2 Sewer Use Rates, Applicability
The sewer use rates established in Section 4.1 and defined hereinafter shall be charged whether or not the
property is occupied, when the property is connected to the Public Sewage System by the necessary Building
Sewer as required under the terms of this ORDINANCE. The rate structure shall incorporate the
requirements of 40 CFR, §35.935-13 or §35.2140, as applicable.
4.3 Annual Charges, Basis
The annual charges stipulated in Section 4.1 shall be based upon a water meter measurement. The City
Council will determine the actual charge from measurements of each user so as to yield charges which are
approximately in proportion to the strength and quantity of waste discharged. If the City Council establishes
annual charges separately for bond repayment and fixed operations and maintenance costs, no user will be
billed less than the average single family charge for the fixed charges, plus flow related charges.
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4.4 Capital Costs
The design, construction and development costs of all Public Sewage System expansions and extensions
which have been approved by the Development Review Board shall be borne by the Developers and
property owners requiring, requesting or directly benefitting from such extensions and/or expansions,
unless alternative funding method is approved by the City Council.
4.5 Collection
Collection of the delinquent sewer use rates may be enforced by the City pursuant to 24 V.S.A., Chapter
129; 24 V.S.A., Section 3612; and 24 V.S.A., Section 3615. In the event any sewer rent is not paid within
thirty (30) days from the billing date, a late penalty charge will be added to the sewer rent together with
interest charges. The amount of the late penalty charge and the interest rate on the overdue accounts shall
be the same as those applied to delinquent taxes. If such payment is not made, such sewer rent shall be a
lien upon such real estate and shall be collected according to the procedures allowed for in 24 V.S.A. §§
3504 and 3612. Any payment made to the City for utility fees shall first be allocated to delinquent water,
then delinquent sewer, then delinquent stormwater fees. The remaining amount of the payment shall first
be allocated to current water, then current sewer, then current stormwater fees.
4.6 Sinking Fund/Set-Asides for Major Expenditures
The following provides for and restricts the use of set-aside (sinking) funds to finance future major
maintenance/replacement costs and plant expansion costs.
(A) A separate sinking fund may be utilized for major maintenance/ replacement expenditures and for
expansion/upgrading expenses associated with the wastewater facility in the City of South Burlington.
Sinking fund establishment for maintenance/ replacement expenditures shall be through written policy of
the City. Any sinking fund policy shall contain at least the following in writing: major maintenance/
replacement identification, estimated expenditures, estimated year of expenditure, payment amount, type
of account used to accumulate sinking fund assets, source of funding and when payments are to stop. All
sinking funds shall be established and maintained in accord with 24 V.S.A., Section 3616.
(B) City reserves the right to increase, decrease, stop and/or maintain regular deposits to a sinking fund
not exceeding 15% of the normal total budgeted expenses for maintenance/ replacement in that year. The
fees charged for expansion cost shall be deposited into a separate account and a record shall be kept to
show payment date, person making payment and payment amount. The City Council holding office have
the authority to withdraw sinking fund amounts only for the purpose of paying for major expenditures/plant
expansion for which the fund was established.
(C) sinking fund assets are not disbursed fully for major maintenance/replacement expenditures and/or
plant expansion, excess money shall remain in the sinking fund for future related expenditures similar in
nature. Revenues established for plant expansion dedicated funds may be generated from
connection/impact fees paid by prospective users to defray and pay expansion costs. This fund shall not
exceed the estimated future expansion cost for the wastewater treatment facility. When the City so votes,
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the expansion/upgrade sinking fund may be used to finance major maintenance/replacement expenditures,
but under no circumstances shall the major maintenance replacement sinking fund be used to finance
wastewater expansion/upgrade expenses.
ARTICLE V - STORMWATER SYSTEM
5.1 Purpose
The purpose of this Article is to provide for the health, safety, and general welfare of the citizens of South
Burlington through the regulation of Stormwater Discharges to the Stormwater System.
5.2 Applicability
Any discharge of Stormwater from Developed Property in the City shall be subject to the provisions of this
Article.
5.3 Required Approvals
(A) No owner of Developed Property in the City shall change or alter, or allow to be changed or altered,
the discharge of Stormwater from such property occurring on the effective date of this Article without first
obtaining any permit or approval required under this or any other City Ordinance, state law, or federal law.
As used herein, change or alter shall mean an act done which will result in a direct or indirect impact on the
contribution of Stormwater into the Public Stormwater System.
(B) No unauthorized person shall uncover, make any connections with or opening into, use, alter, or
disturb any public Storm Drain or appurtenance thereof without first obtaining a written permit from the
Stormwater Superintendent. The owner shall indemnify the City for any loss or damage directly or indirectly
occasioned by the construction or installation of the private drain or storm sewer system, including damages
from back flow from the municipal storm sewer system.
5.4 Compliance with Existing Permits
It shall be a violation of this Article for any owner of Developed Property that is subject to any local, state,
or federal permit requirements regarding the discharge of Stormwater to fail to comply with such permit
requirements.
5.5 Use of the Public Stormwater System:
(A) The following may be discharged into the Public Stormwater System, subject to obtaining and
complying with any required permit:
(1) Stormwater;
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(2) Water line flushings; landscape irrigation or lawn watering, provided all pesticides, herbicides,
and fertilizers have been applied in accordance with the approved labeling; diverted stream flows; rising
ground water; uncontaminated ground water; uncontaminated pumped ground water; discharges from
potable water sources; foundation or footing drains where flows are not contaminated with process
materials, and to which there are no floor drain, septic wastewater, or grey water connections;
uncontaminated condensate from air conditioners, coolers/chillers, and other compressors and from
the outside storage of refrigerated gasses or liquids; uncontaminated water from crawl spaces;
irrigation water; spring water; flows from riparian habitats and wetlands; swimming pools (if
dechlorinated - typically less than one PPM chlorine); discharges from emergency/unplanned fire-
fighting activities; fire hydrant flushing; pavement and external building wash waters to which no
detergents or other chemicals have been added; incidental windblown mists; and any other water
source not containing Pollutants;
(3) Discharges specified in writing by an Authorized enforcement Person as being necessary to
protect public health and safety;
(4) Dye testing is an allowable discharge, but requires a verbal notification to the authorized
enforcement agent prior to the time of the test;
(5) Any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge
order issued to the discharger and administered under the authority of the United States Environmental
Protection Agency, provided that the discharger is in full compliance with all requirements of the permit,
waiver, or order and other applicable laws and regulations, and provided that written approval has been
granted for any discharge to the Storm Drain system.
(B) It shall be a violation of this Ordinance for any Person to cause or allow to occur any Illicit Discharge
to the Public Stormwater System or allow any Illicit Discharge existing on the date this Article becomes
effective to continue regardless of whether such existing discharge was permissible under law or practices
applicable or prevailing at the time the discharge commenced.
5.6 Best Management Practices
(A) The Stormwater Superintendent will adopt requirements identifying Best Management Practices
(BMPs) for any activity, operation, or facility which may cause or contribute to an Illicit Discharge to the
Stormwater System. The owner or operator of a commercial or industrial establishment shall provide, at
their own expense, reasonable protection from an accidental Illicit Discharge into the Public Stormwater
System. Further, any Person responsible for a property or premises, which is, or may be, the source of an
Illicit Discharge to the Public Stormwater System, may be required to implement, at said Person's expense,
additional BMPs to prevent or discontinue the Illicit Discharge. Compliance with all terms and conditions of
a valid NPDES permit authorizing the discharge of Stormwater associated with Industrial Activity, to the
extent practicable, shall be deemed in compliance with the provisions of this Section.
(B) Every Person owning property through which a Watercourse passes, or such Person's lessee, shall
keep and maintain that part of the Watercourse within the property free of trash, debris, excessive
vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water
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through the Watercourse. In addition, the owner or lessee shall maintain existing privately owned structures
within or adjacent to a Watercourse, so that such structures will not become a hazard to the use, function,
or physical integrity of the Watercourse.
(C) Notwithstanding other requirements of law, as soon as any Person responsible for a facility or
operation, or responsible for emergency response for a facility or operation has information of any known
or suspected release of materials which are resulting or may result in an Illicit Discharge into the Stormwater
System, said Person shall take all necessary steps to ensure the discovery, containment, and cleanup of such
release. In the event of a release of Hazardous Materials, said Person shall immediately notify emergency
response agencies of the occurrence via emergency dispatch services. In the event of a release of non-
hazardous materials, said Person shall notify the Stormwater Superintendent in person or by phone or
facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by
written notice addressed and mailed to the Stormwater Superintendent within three business days of the
phone notice. If the Illicit Discharge emanates from a commercial or industrial establishment, the owner or
operator of such establishment shall also retain an on-site written record of the discharge and the actions
taken to prevent its recurrence. Such records shall be retained for at least three years.
5.7 Protection from Damage
No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, or tamper with
any structure, appurtenance, or equipment which is a part of the Public Stormwater System.
ARTICLE VI - STORMWATER SYSTEM USER FEES
6.1 Establishment of Stormwater User Fees
(A) A user fee based on an Equivalent Residential Unit (ERU) shall be imposed on every owner of non-
exempt Developed Property within the City. An ERU shall equal that square footage that represents the
median of the area of Impervious Surface for all Single Family Residences in the City. The City Council shall,
by resolution, establish the square footage that constitutes one ERU on a periodic basis.
(B) The City Council shall have the authority to set and modify the user fee rates so that the total
revenue generated by said charges, and any secondary sources of revenue, shall be sufficient to fund the
City’s stormwater program.
(C) The City council shall establish by resolution the monthly rate for each ERU. The monthly user fee
for a specific property is determined by multiplying the rate per ERU times the number of ERUs allocated to
the property.
6.2 User Fee Credits
(A) The Stormwater Superintendent shall prepare for the City Council’s approval, a “Stormwater User
Fee Credit Manual” specifying the design and performance standards of on-site stormwater systems,
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facilities, activities and services which qualify for application of a user fee credit and the method of
calculating Credits. The City Council shall have the authority to approve, modify and approve or disapprove
the Credit Manual.
(B) Following approval of a Credit Manual, the Stormwater Superintendent may, at the request of a
property owner, reduce the user fee established for any property by awarding a Credit based on the policies
and conditions set forth in the Manual. No Credit shall exceed fifty percent (50%) of the applicable monthly
user fee for a given property. Any property owner may appeal the Stormwater Superintendent’s
determination regarding an award of a Credit by filing a written notice of appeal with the Stormwater
Appeal Board within ten (10) business days of the Superintendent’s decision. The Stormwater Appeal Board
shall review such appeal at a meeting preceded by fifteen (15) calendar days written notice of the meeting
date to the property owner. Following the meeting, the Stormwater Appeal Board shall issue its decision
on the appeal in writing, which decision shall be final.
(C) Credits shall be applied to user fees on the next billing period after the completed credit application
is approved.
(D) Any award of Credit shall be conditioned on continuing compliance with the City’s design and
performance standards as stated in the “Stormwater User Fee Credit Manual” and/or upon continuing
provision of the systems, facilities, services, and activities provided, operated, and maintained by the
property owner or owners upon which the Credit is based. The Stormwater Superintendent may revoke or
reduce a Credit at any time for non-compliance by providing thirty (30) days written notice of a non-
complying condition and intent to revoke or reduce the Credit to the property owner. If the non-compliance
is not cured within the thirty (30) day period, the Stormwater Superintendent shall eliminate the Credit for
user fee bills issued to the property owner after such period. A property owner may appeal the Stormwater
Superintendent’s determination regarding Credit revocation or reduction in the same manner set forth in
paragraph (B), above.
6.3 Establishment of ERUs
(A) Each SFR shall be allocated one (1) ERU.
(B) The ERUs allocated to NSFR properties, except City owned roads, shall be determined in the
following manner:
(1) The amount of Impervious Surface on each parcel shall be divided by the gross area of the parcel
resulting in the percent of imperviousness for the parcel.
(2) Based on the percent imperviousness, a “tier factor” shall be determined, based on the following
categories:
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*Fee will be based on actual amount of Impervious Surface, measured in square feet. The gross area of
the parcel shall be multiplied by the tier factor, and then divided by the ERU. The resulting value is
rounded up to the nearest whole number which is the number of ERUs for the property.
(C) The ERUs allocated to properties comprised solely of City owned roadways shall be determined by
dividing two-thirds of the total Impervious Surface for the property by the ERU. The resulting value is then
rounded up to the nearest whole number which is the number of ERUs for the property.
6.4 Billing and Collection
(A) Stormwater user fees will be billed quarterly and shall be reflected on the water and sewer bills for
each property owner, where applicable. The bill shall also state the ERUs allocated to each property.
(B) A property owner may appeal an allocation of ERUs to the Stormwater Superintendent by
submitting a written notice of appeal to the Stormwater Superintendent within fifteen (15) calendar days
of the mailing date of the bill. The Stormwater Superintendent shall promptly meet with the property owner
and issue a decision of the allocation of ERUs. A property owner may appeal the Stormwater
Superintendent’s determination regarding Credit revocation in the same manner set forth in Section 6.2(B).
The filing of an appeal shall not relieve a property owner of the obligation to pay the user fee when due.
(C) In the event any stormwater user fee is not paid within thirty (30) days from the billing date, a late
penalty charge will be added to the fee together with interest charges. The amount of the late penalty
charge and the interest rate on the overdue accounts shall be the same as those applied to delinquent taxes.
If such payment is not made, such stormwater user fee shall be a lien upon such real estate and may be
IMPERVIOUS PERCENTAGE TIER FACTOR
1 to 10.99% * See Below
11 to 20.99% 0.15
21 to 30.99% 0.25
31 to 40.99% 0.35
41 to 50.99% 0.45
51 to 60.99% 0.55
61 to 70.99% 0.65
71 to 80.99% 0.75
81 to 90.99% 0.85
91 to 100% 0.95
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collected in the manner provided in 24 V.S.A., §§ 3504 and 3612. Any payment made to the City for utility
fees shall first be allocated to delinquent water, then delinquent sewer, then delinquent stormwater fees.
The remaining amount of the payment shall first be allocated to current water, then current sewer, then
current stormwater fees.
6.5 Expenditures
(A) The user fees, as well as any secondary sources of revenue, shall be used to fund the City’s efforts
to manage Stormwater. Acceptable expenditures include, but are not limited to, capital construction,
maintenance and operations, engineering and planning, regulation and enforcement, water quality
programs, special services, administration and management, coverage requirements, reserve funds, staff
or labor costs, vehicle and equipment purchases and miscellaneous overhead costs.
(B) Excess revenues will be placed into a sinking fund, and may be retained and expended in the manner
set forth in Section 4.6.
ARTICLE VII – ACCEPTANCE OR INSPECTION OF REGULATED PRIVATE SYSTEMS
7.1 Exclusively Residential Regulated Private Systems
(A) Subject to the terms and conditions of this Ordinance, the City may accept conveyance of and
assume responsibility for Regulated Private Systems that serve Exclusively Residential development in the
City, provided the Owner of such Regulated Private System meets the following conditions:
(1) The Regulated Private System shall comply with the VSMM and the City Ordinance: Stormwater
Upgrade Feasibility Analysis (“SUFA”).
(a) Stormwater improvements projects previously completed in collaboration with the City,
following a separate Engineering Feasibility Analysis (EFA) process, do not need to meet the
requirements of section 7.1(A)(1) if they complete the steps identified in 7.1(B) through 7.1(D) by
12/1/22. This includes the Owner of a Regulated Private System covered by State stormwater
permits 6285-9030, 3153-9010.R, 2-0825, 2-0100, or 2-0848.
(2) Regulated Private Systems shall satisfy the goals outlined in any Agency of Natural Resources-
approved plan for the City to meet MS4 Permit requirements (e.g., Flow Restoration Plan, Phosphorus
Control Plan, etc).
(3) The Superintendent determines that allowing the Regulated Private System to obtain coverage
under the City’s MS4 Permit would not place an undue burden on the City.
(B) The Owner of any Regulated Private System listed in Section (A), above, may offer to convey such
system to the City by:
(1) Applying to the Stormwater Superintendent, using forms developed by the Stormwater
Superintendent;
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(2) Paying the applicable fee as determined from time to time by the South Burlington City Council;
and
(3) Agreeing to reimburse the City for any reasonable costs, fees, expenses and other charges the
City incurs in evaluating the Regulated Private System’s design and inspecting the Regulated Private
System’s Stormwater management and treatment improvements prior to acceptance of such Regulated
Private System.
(C) Upon receipt of a complete application described in Section (B), above, the Stormwater
Superintendent shall determine whether the Regulated Private System meets the applicable standards
which determination shall be final.
(D) Upon a determination that a Regulated Private System meets applicable standards, the Stormwater
Superintendent, working with the City Attorney or the City Attorney’s designee, shall direct the Owner of
the Regulated Private System to prepare all documents, using forms developed by the Stormwater
Superintendent, the City Attorney, or the City Attorney’s designee, necessary to convey the Regulated
Private System, free and clear of all encumbrances, to the City and transfer any applicable permit to the
City. The Stormwater Superintendent, City Attorney or the City Attorney’s designee shall review such
documents to determine their accuracy and completeness.
(1) Regulated Private Systems subject to section 7.1(A)(1)(a) shall complete updated documents
and forms as necessary to comply with this Ordinance.
(E) Upon an Owner of the Regulated Private System’s satisfactory completion of the work required
under paragraphs (A) through (D) above, and payment of any sums due under paragraph (B) above, the
Stormwater Superintendent shall submit to the City Council the Owner’s offer to convey the Regulated
Private System to the City. The City Council may accept such offer if it determines that such acceptance is
in the best interests of the City.
(F) Upon acceptance of a Regulated Private System pursuant to paragraph (E) above, the City shall be
responsible for operating, maintaining, and repairing, the Regulated Private System to comply with any
applicable permit and for renewing or obtaining any permit required for operation and maintenance of the
Regulated Private System, except that the Former Owner of the Regulated Private System shall be
responsible for all costs, fees, charges and expenses for:
(1) Remedying damage caused by the Former Owner of the Regulated Private System; or
(2) In the event that an extreme unforeseen circumstance requires extraordinary repair and
reconstruction measures unique to the Regulated Private System. As used herein, an “extreme
unforeseen circumstance” shall mean an act, event, cause or condition that is beyond the City’s
reasonable control such as a fire, storm, earthquake, flood, lightening, landslide, hurricane, tornado,
war, strike, terrorism, riot or insurrection.
(3) Upgrades to any stormwater treatment practice necessary to comply with any State or Federal
regulatory requirements that the City or property owner is subject to.
(G) For a period of twenty (20) years from the date the City accepts a Regulated Private System and
other than the User Fee described in Article VI hereof, the City shall not impose an assessment or surcharge
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that is unique to the Former Owner of such accepted Regulated Private System to cover all or a portion of
the cost of performing the City’s duties outlined in paragraph (F) above, unless the City imposes a similar
assessment or surcharge on other Former Owners of other similar Regulated Private Systems, or in the
event of a need to remedy damage described in subparagraphs (F)(1) and (F)(2) above, or to reconstruct
the system as described in subparagraph (F)(3) above.
(H) For purposes of this Article VII, the phrase “Former Owner” includes the successors in interest of
Owners of Regulated Private Systems that have been accepted by the City pursuant to the procedures
outlined in paragraphs (B) through (G) of this Section 7.1 If a “Former Owner” is a membership organization,
company, corporation or other entity, whether for profit or not-for-profit, the phrase “Former Owner” shall
also include its officers, members, directors and their respective successors in interest.
7.2 Regulated Private Systems That Are Not Exclusively Residential
(A) Subject to the terms and conditions of this Ordinance, the City may, , allow Regulated Private
Systems that serve properties with non-residential uses to obtain permit coverage under the City’s MS4
Permit provided the Owner of such Regulated Private System meets all of the following conditions:
(1) The Regulated Private System shall comply with the VSMM and the Stormwater Upgrade
Feasibility Analysis (“SUFA”).
(2) Regulated Private Systems shall satisfy the goals outlined in any Agency of Natural Resources-
approved plan for the City to meet MS4 Permit requirements (e.g., Flow Restoration Plan, Phosphorus
Control Plan, etc).
(3) The Owner of a Regulated Private System enters into an agreement with the City obligating the
Owner of the Regulated Private System to maintain the Regulated Private System in accordance with
the MS4 Permit, the VSMM, and the SUFA, as applicable to that Regulated Private System, and grants
the City access by license:
(a) To monitor and inspect the Regulated Private System at regular intervals to confirm
compliance with the MS4 Permit, the VSMM, and the SUFA, as applicable to that Regulated Private
System; or
(b) To maintain the Regulated Private System only in the event the Superintendent determines
that the Owner of the Regulated Private System has failed to perform maintenance of the Regulated
Private System in accordance with the VSMM or the SUFA, as applicable to that Regulated Private
System and that the public good requires the City to perform such maintenance on the Regulated
Private System. The City’s performance of maintenance on a Regulated Private System shall be
performed at its sole discretion and shall not relieve the Owner from complying with the MS4
Permit, the VSMM, and the SUFA, as applicable. If the City chooses to perform such maintenance
after the Owner’s failure or refusal to do so, the Owner shall reimburse the City for its costs, fees,
expenses and other charges it incurs as a result of the Owner’s failure or refusal to perform such
maintenance. If the Owner refuses to reimburse the City within thirty days of the City’s mailing of a
bill for such charges, such charges shall be a lien on the Owner’s property in accordance with 24
V.S.A. § 3504.
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(4) The Superintendent determines that allowing the Regulated Private System to obtain coverage
under the City’s MS4 Permit would not place an undue burden on the City.
(B) The Owner of a Regulated Private System meeting the requirements of paragraph (A), above, may
request coverage under the City’s MS4 Permit by:
(1) Applying to the Superintendent, using forms developed by the Stormwater Superintendent;
(2) Paying the applicable fee as determined from time to time by the South Burlington City Council;
(3) Submitting a plan for maintenance and repair of the Regulated Private System to ensure
compliance with the MS4 Permit, the VSMM, and the SUFA, as applicable to that Regulated Private
System; and
(4) Agreeing to reimburse the City for any reasonable costs, fees, expenses and other charges the
City incurs in evaluating the Regulated Private System’s design and inspecting the Regulated Private
System’s Stormwater management and treatment improvements prior to the City accepting coverage
of such Regulated Private System under its MS4 Permit.
(C) Upon receipt of a complete application as described in paragraph (B) above, the Superintendent
shall determine whether the Regulated Private System meets the VSMM and the SUFA, as applicable to that
Regulated Private System. The Superintendent's determination shall be final.
(D) Upon determination that a Regulated Private System satisfies the VSMM and the SUFA, as
applicable to that Regulated Private System, the Stormwater Superintendent, working with the City
Attorney or the City Attorney’s designee, shall direct the Owner of the Regulated Private System to prepare
all documents, using forms developed by the Stormwater Superintendent, the City Attorney or the City
Attorney’s designee, necessary for the Regulated Private System to obtain coverage under the City’s MS4
Permit. The Stormwater Superintendent, City Attorney or the City Attorney’s designee shall review such
documents to determine their accuracy and completeness.
(E) Upon an Owner of the Regulated Private System’s satisfactory completion of the work required by
paragraphs (A) through (D) above, and payment of any sums due under paragraph (B) above, the
Stormwater Superintendent shall submit to the City Council the Regulated Private System Owner’s request
to obtain coverage under the City’s MS4 Permit. The City Council may approve such request if it determines
that such approval is in the best interests of the City.
(F) Upon allowing a Regulated Private System to obtain coverage under the City’s MS4 Permit pursuant
to paragraph (E) above, the City shall periodically monitor, inspect and report on the Regulated Private
System per the City’s MS4 Permit requirements. Notwithstanding such coverage, the Owner of the
Regulated Private System remains responsible for all costs, fees, charges and expenses for:
(1) Operation, maintenance, repair, improvement or replacement of the Regulated Private System
to ensure compliance with the MS4 Permit and with the VSMM and the SUFA, as applicable to that
Regulated Private System;
(2) Remedying damage caused by the Owner of the Regulated Private System; and
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(3) In the event that an extreme unforeseen circumstance requires extraordinary repair and
reconstruction measures unique to the Regulated Private System. As used herein, an “extreme
unforeseen circumstance” shall mean an act, event, cause or condition that is beyond the City’s
reasonable control such as a fire, storm, earthquake, flood, lightening, landslide, hurricane, tornado,
war, strike, terrorism, riot or insurrection.
(G) For a period of twenty (20) years from the date the City allows a Regulated Private System to obtain
coverage under the City’s MS4 Permit and other than the User Fee described in Article VI hereof, the City
shall not impose an assessment or surcharge that is unique to the Owner of such Regulated Private System
to cover all or a portion of the cost of performing the City’s duties outlined in paragraph (F) above unless
either:
(1) The City imposes a similar assessment or surcharge on Owners of other similar Regulated
Private Systems;
(2) In the event of a need to remedy damage caused by negligence or malfeasance on the part of
the Owner;
(3) In the event that an extreme unforeseen circumstance requires extraordinary repair and
reconstruction measures unique to the Regulated Private System; or
(4) If the City deems in the reasonable exercise of its discretion that the Owner has failed to
maintain, repair or improve the Regulated Private System to comply with the City’s MS4 Permit and
such maintenance, repair or improvement is necessary, as determined by the Stormwater
Superintendent’s sole discretion, to ensure compliance with the City’s MS4 Permit.
(H) For purposes of this Section 7.2, the term “Owner” includes the successors in interest of Owners of
Regulated Private Systems that have obtained coverage under the City’s MS4 Permit. If an “Owner” is a
membership organization, company, corporation or other entity, whether for profit or not-for-profit, the
phrase “Owner” shall also include its officers, members, directors and their respective successors in interest.
(I) In addition to the rights and remedies for non-compliance with this Ordinance provided in Article
VIII below, if the Owner of the Regulated Private System fails to operate, improve, inspect, maintain, repair
and replace its Regulated Private System in accordance with the City’s MS4 Permit, the VSMM or the SUFA,
as applicable to that Regulated Private System, then the Superintendent in his sole discretion and at any
time may terminate the agreement described in Section 7.2(A)(3), above, provided the Superintendent
mailed a notice of termination to the Owner thirty (30) days in advance of such termination.
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ARTICLE VIII – MUNICIPAL COST SHARING
8.1 Purpose
The Purpose of this article is to establish a City policy regarding cost sharing of upgrading or improving
Stormwater Treatment Practices that are required by the MS4 Permit, Flow Restoration Plans (FRPs),
Phosphorus Control Plans (PCPs) or any other future MS4 permit requirement.
8.2 Applicability
(A) This section shall apply to stormwater system upgrades or improvements as required by Article VII
of this document.
8.3 Municipal Share of Stormwater Project Costs
(A) The City shall share in the cost of upgrading or improving Stormwater Treatment Practices (STPs)
that are required by the MS4 Permit, Flow Restoration Plans (FRPs), and/or Phosphorus Control Plans
(PCPs) as follows:
(1) The City shall contribute funds from the stormwater utility budget for the construction of
upgrades or improvements to STPs on a pro rata basis. Cost sharing shall be determined by the
percentage of impervious surface area that is publicly owned and covered by the existing stormwater
permit as compared to the total impervious surface area covered by the existing stormwater permit;
(a) Areas outside of the existing stormwater permit that drain to the STP will not be included
in this calculation unless the additional off-site area is routed to the STP as part of the upgrade or
improvement. If offsite areas are being redirected to the STP as part of the upgrade or
improvement, then these areas will be included as part of the City’s impervious surface area in the
cost sharing calculation.
(2) The City’s share of funding for upgrades or improvement of any particular STP will be
determined on a schedule established by and at the discretion of the City. The City will update this
schedule on an annual basis, as needed, to ensure that expenditures are budgeted in a way that is
sustainable for the stormwater utility sinking fund, stormwater utility rate payers and permit required
objectives.
(3) The City will cost share in the upgrade or improvement of an STP to the minimum design
requirements that achieve the stormwater treatment necessary to satisfy FRPs, PCPs and Vermont
Stormwater Management Manual (VSMM). Work included as part of any upgrade or improvement
that is beyond the minimum necessary to meet the minimum design requirements will be the
responsibility of the Owner of the Regulated Private System. The City will not share in the cost of any
work undertaken that is not directly related to the STP.
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(4) The City shall review and will share in the costs of any change orders during construction until
the total of change order requests exceeds 10% of the estimated total project cost. Change order
requests seeking cost increases beyond 10% of the estimated total project cost will be borne by the
Owner of the Regulated Private System, unless otherwise agreed to by the City and is in the
Stormwater Superintendent’s sole and complete discretion.
(5) The City shall not contribute funds for engineering or design services incurred as part of
upgrades or improvements to STPs unless;
(a) The City obtains grant or other outside funding for the engineering or design project and a
signed stormwater system improvement agreement with the Owner of the Regulated Private
System that addresses engineering or design cost sharing is in place;
(b) The City will not be responsible for engineering or design costs that were incurred prior to
the effective date of a stormwater system improvement agreement for the upgrade or
improvement to the STP.
(6) The City will provide its pro rata share of STP upgrade or improvement costs only after the
Stormwater Superintendent or the Stormwater Superintendent’s designee has inspected the
stormwater treatment system and the STP upgrade or improvement and certified that it has been
constructed in accordance with the previously approved project plans.
(7) The City is not required to obtain grants or other outside funding for any individual project.
Grants will be obtained at the discretion of the Stormwater Superintendent based on staff availability
and other factors.
(8) If a grant or outside funding is obtained by the City for a STP upgrade or improvement project,
such grant or outside funding will first be applied to offset the City’s pro rata share of the STP upgrade
or improvement costs. Any amount in exceedance of the City’s pro rata share may be applied to the
Regulated Private System Owner’s pro rata share of the STP upgrade or improvement project costs at
the discretion of the Stormwater Superintendent.
(9) STP upgrade or improvement projects that are eligible for City cost sharing must follow the
process outlined for inclusion of the stormwater treatment system under the City’s MS4 Permit as
established in Sections VII of this document.
(a) If a Regulated Private System Owner performs an upgrade or improvement to an STP, but
does not intend to obtain coverage under the City’s MS4 Permit and instead obtains permit
coverage directly from the State of Vermont, they may still obtain cost sharing from the City
pursuant the requirements of this Article. In order to be eligible, these projects must:
(i) Submit engineering and design plans for STP upgrade or improvement to the
Stormwater Superintendent and obtain written approval of these plans prior to incurring any
costs that would be eligible for cost sharing; and
(ii) Sign a stormwater system improvement agreement with the City that establishes pro
rata cost sharing for all parties involved; and
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(iii) Obtain the Stormwater Superintendent’s written confirmation that the STP upgrade
or improvement was constructed in conformance with the approved plans once construction
is complete.
ARTICLE IX - INSPECTION AND ENFORCEMENT
9.1 Power and Authority of Inspectors
(A) Any Authorized Person bearing proper credentials and identification shall be permitted to enter all
properties subject to regulation under this Ordinance for the purposes of inspection, observation,
measurement, sampling, and testing in accordance with the provisions of this Ordinance. Authorized
Persons shall have the right to set up such devices as are necessary to conduct monitoring and/or sampling
of any regulated discharge from the property. Authorized Persons may also examine and copy records
required to be kept under any permit subject to this ordinance. Authorized Persons shall have no authority
to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other
industries beyond that point having a direct bearing on the kind and source of discharge to the public
sanitary and stormwater systems.
(B) Any Authorized Person bearing proper credentials and identification shall be permitted to enter all
private properties through which the City holds an easement for the purposes of, but not limited to,
inspection, observation, measurement, sampling, repair, and maintenance or any portion of the Public
Sewage System or Public Stormwater System lying within said easement. All entry and subsequent work, if
any, on said easement, shall be done in full accordance with the terms of the easement pertaining to the
private property involved.
(C) If a property owner has security measures in force which require proper identification and clearance
before entry into onto the property, the owner shall make the necessary arrangements to allow access to
any Authorized Person.
(D) Any temporary or permanent obstruction to safe and easy access to any property to be inspected
and/or sampled shall be promptly removed by the property owner at the written or oral request of any
Authorized Person and shall not be replaced. The costs of clearing such access shall be borne by the
property owner.
(E) Causing an unreasonable delay in allowing an Authorized Person access to a property subject to
regulation under this Ordinance is a violation of this Ordinance.
(F) If an Authorized Person is refused access to any part of the property containing facilities, records or
discharges subject to regulation under this Ordinance, and if the Authorized Person is able to demonstrate
probable cause to believe that there may be a violation of this Ordinance, or that there is a need to inspect
and/or sample as part of a routine inspection and sampling program designed to verify compliance with this
Ordinance or any order issued hereunder, or to protect the overall public health, safety, and welfare of the
ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE
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community, then the Authorized Person may seek issuance of a search warrant from any court of competent
jurisdiction.
(G) While performing the necessary work on private properties referred to in this Section, Authorized
Persons shall observe all safety rules applicable to the premises established by the property owner and the
property owner shall be held harmless for injury or death to the City employees and the City shall indemnify
the property owner against loss or damage to its property for personal injury or property damage asserted
against the property owner and growing out of the gauging and sampling operation, except as may be
caused by negligence or failure of the property owner to maintain safe conditions as required by law.
9.2 Administrative Enforcement
(A) Any condition caused or permitted to exist in violation of any of the provisions of this Ordinance is
a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily
abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the
cessation of such nuisance may be taken.
(B) Any Person found to be violating any provision of this ordinance shall be served by the City with
written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory
correction thereof. Such notice may require without limitation:
(1) The performance of monitoring, analyses, and reporting;
(2) The elimination of Illicit Discharges;
(3) The cessation of improper practices and operations and implementation of proper practices
and operations;
(4) The abatement or remediation of any contamination of the public sewage or Stormwater
System and waters of the State of Vermont or the United States and restoration of any property
impacted by such contamination;
(5) Establishment of time limits for the completion of all required work;
(6) Payment of a fine; and
(7) State that the Notice may be appealed in the manner set forth in paragraph (F), below.
(C) The City has the right to require a property owner found to be in violation of this Ordinance to install
monitoring equipment and maintain such equipment in proper operating condition, including proper
calibration, all at the property owner’s expense.
(D) If a violation has not been corrected pursuant to the requirements set forth in the Notice of
Violation, the City or persons retained by the City may enter upon the subject property to take any and all
measures necessary to abate the violation and/or restore the property. It shall be unlawful for any Person,
owner, agent or Person in possession of any premises to refuse to allow the City or designated persons to
enter upon the premises for the purposes set forth above.
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(E) Within thirty (30) days after abatement of the violation, the owner of the property will be notified
of the cost of abatement, including administrative costs. The property owner may file a written protest
objecting to the amount of the assessment within fifteen (15) days. If the amount due is not paid within a
timely manner as determined by the decision of the City Manager or the City Manager’s designee (“City
Manager”), or by the expiration of the time in which to file an appeal, the charges shall constitute a lien on
the property for the amount of the assessment and shall bear interest at the rate of one percent (1%) per
month, or portion thereof.
(F) The City Manager may, without prior notice, suspend stormwater or sewer system discharge access
to a Person when such suspension is necessary to stop an actual or threatened discharge which presents or
may present imminent and substantial danger to the environment, or to the health or welfare of persons,
or to the Stormwater System, sewer system or waters of the State of Vermont or the United States. If the
violator fails to comply with a suspension order issued in an emergency, the City Manager may take such
steps as deemed necessary to prevent or minimize damage to the Stormwater System, sewer system or
waters of the State of Vermont or United States, or to minimize danger to persons.
(G) Any Person discharging to the stormwater or sewer system in violation of this ordinance may have
their stormwater system or sewer system access terminated if such termination would abate or reduce an
Illicit Discharge. The City Manager will notify a violator of the proposed termination of its stormwater system
or sewer system access. The violator may appeal the City Manager’s determination to the City Council by
filing a written notice of appeal with the City Manager within ten (10) business days of the Manager’s
decision. The City Council shall review such appeal at a meeting of the Council preceded by fifteen (15)
calendar days written notice of the meeting date to the Violator. Following the meeting, the Council shall
issue its decision on the appeal in writing, which decision shall be final.
(H) A Person commits an offense if the Person reinstates stormwater system or sewer system access to
premises terminated pursuant to paragraph (F), above, without the prior approval of the City Manager.
9.3 Judicial Enforcement
(A) This ordinance shall constitute a civil ordinance within the meaning of 24 V.S.A. Chapter 59. Any Person
who violates a provision of this Ordinance or who violates any condition of a permit issued hereunder shall
be subject to a civil penalty of up to $800 per day for each day that such violation continues. Any law
enforcement officer or the Director of Public Works, City Engineer, Deputy Director of Public Works, or
Stormwater Superintendent may act as an Issuing Municipal Official and issue and pursue before the Judicial
Bureau a municipal complaint for any violation of any provision of this Ordinance.
(B) In addition to the enforcement procedures available before the Judicial Bureau, the City Manager
is authorized to commence a civil action to obtain injunctive and other appropriate relief, or to pursue any
other remedy authorized by law. Nothing herein shall be construed to limit other rights, remedies or
penalties available by law.
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9.4 Civil Penalty; Waiver Fee
(A) An Issuing Municipal Official is authorized to recover civil penalties in the following amounts for
each violation:
First offense $160
Second offense $320
Third offense $480
Fourth offense $640
Fifth and subsequent offenses $800
(B) An Issuing Municipal Official is authorized to recover a waiver fee, in lieu of a civil penalty, in the
following amounts, for any Person who declines to contest a municipal complaint and pays the waiver fee:
First offense $100
Second offense $250
Third offense $400
Fourth offense $550
Fifth and subsequent offenses $700
Each day the violation continues shall constitute a separate violation.
9.5 Severability
If any portion of this Ordinance is held to be invalid by a court of competent jurisdiction, such finding shall
not invalidate any other part of this Ordinance.
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ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE
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City of South Burlington Ordinance
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Adopted at South Burlington, Vermont this _______day of ______, 2021, and to be effective upon adoption.
SOUTH BURLINGTON CITY COUNCIL
_____________________________ ____________________________
Helen Riehle, Chair Matt Cota
__________________________________ ______________________________
Meaghan Emery, Vice Chair Thomas Chittenden
__________________________________
Tim Barritt, Clerk
Received and recorded this ______ day of ________, 2021.
______________________________
Donna Kinville, City Clerk
City Ordinance: Stormwater
Upgrade Feasibility Analysis (SUFA)
STORMWATER UPGRADE FEASIBILITY ANALYSIS 2
City of South Burlington Ordinance
Table of Contents
1. Background and Introduction ............................................................................................................ 3
2. Installation of Stormwater Treatment Practices ............................................................................... 3
3. Payment of Stormwater Mitigation Fee ............................................................................................ 4
4. Combination STP/Fee Method .......................................................................................................... 5
5. Penalties / Enforcement .................................................................................................................... 5
6. Severability ........................................................................................................................................ 6
Appendix A. Method for Infiltration Testing ................................................................................................ 6
Appendix B. Submission Standards ............................................................................................................. 7
STORMWATER UPGRADE FEASIBILITY ANALYSIS 3
City of South Burlington Ordinance
The Council of the City of South Burlington hereby ordains:
1. Background and Introduction
The City of South Burlington is subject to multiple stormwater Total Maximum Daily Load (TMDL)
requirements established by the Vermont Agency of Natural Resources (ANR). Compliance with these
TMDLs is required by the City’s Municipal Separate Storm Sewer System (MS4) permit, which is also
promulgated by ANR. The MS4 permit requires that the City develop a Flow Restoration Plan (FRP) for
each of the five stormwater impaired watersheds located in the City. In addition, the City’s MS4 permit
requires that the City develop a plan to deal with properties covered by expired State of Vermont
Stormwater permits. On top of these requirements, all of South Burlington ultimately drains to Lake
Champlain. ANR and United States Environmental Protection Agency (EPA) have developed a phosphorus
TMDL for Lake Champlain. The MS4 permit contains a requirement that the City develop a Phosphorus
Control Plan (PCP) to reduce phosphorus loading to the Lake from stormwater discharges.
In order to meet the requirements of these State and Federal regulations it is necessary for the City of
South Burlington, and the properties located within its boundaries, to install Stormwater Treatment
Practices (STPs) capable of addressing the uncontrolled stormwater runoff that contributes to these water
quality impairments. The City’s “Ordinance Regulating the Use of Public and Private Sanitary Sewerage
and Stormwater Systems” (Ordinance), which shall be incorporated by reference herein, provides the
opportunity for properties with existing or expired State stormwater permits, or properties subject to the
“three-acre site” requirement included in §1.3.D of the ANR General Permit 3-9050 to obtain valid State
stormwater permit coverage under the City’s MS4 permit. The ability for the City to provide this permit
coverage was further clarified by the Vermont Department of Environmental Conservation when the MS4
Permit was reissued in 2018.
In order for a property to obtain coverage under the City’s MS4 permit, it must provide a level of
stormwater treatment that will facilitate compliance with the State and Federal regulatory requirements
(MS4 permit and TMDLs) to which the City is subject. The goal of this document is to establish a procedure
by which an existing site can be evaluated for best practicable on-site treatment of stormwater runoff.
The standard is intended to be met through installation of on-site STPs. Alternatively, a site may elect to
pay a stormwater mitigation fee in lieu of installing STPs on their site. These funds will be utilized by the
South Burlington Stormwater Utility (SBSU) to construct the STPs necessary for the City to implement the
FRPs required by its MS4 permit. These funds may also be used to gain access to the land necessary for
the construction of large scale or regional STPs.
2. Installation of Stormwater Treatment Practices
(A) The goal of the SUFA is: (1) to reduce the volume of stormwater runoff and associated pollutants
leaving the site via pipe or overland flow, and (2) to ensure that a site complies with any water quality
plan (e.g. FRP, PCP, etc.) developed for the watershed in which it is located. At a minimum, the site must
install STPs capable of infiltrating the volume of stormwater runoff generated on site during the Water
Quality Volume (WQv) rain event as described in the Vermont Stormwater Management Manual, as
amended from time to time by the Agency of Natural Resources, (VSMM), which shall be incorporated by
reference herein. This volume of water must be infiltrated or reused on site using Tier 1 practices as
defined in the VSMM.
STORMWATER UPGRADE FEASIBILITY ANALYSIS 4
City of South Burlington Ordinance
(B) It is understood that some sites may contain constraints that make the site unsuitable for
infiltration of stormwater runoff. A list of acceptable site constraints is included below (Table 1).
Table 1. Constraints on Use of Infiltration Practices
1. Seasonally high or shallow groundwater (as defined in the VSMM).
2. Shallow bedrock (as defined in the VSMM).
3. Soil infiltration rates of less than 0.2 inches per hour (as demonstrated by infiltration testing
conducted in accordance with the procedure in Appendix A).
4. Contaminated soils subject to review and approval of the Stormwater Superintendent.
5. The presence of a “stormwater hotspot” (as defined in the VSMM).
6. Other site constraints subject to the review and approval of the Stormwater Superintendent.
(C) If it is not possible to infiltrate the volume of stormwater runoff generated by the site during WQv
storm event due to one or more of the constraints listed above (Table 1), then this volume of water can
be detained on-site using Tier 2 practices as described in the VSMM.
(D) A site with existing retention/detention based STPs is allowed to evaluate retrofitting/expanding
these facilities in order to meet the detention requirement indicated above. Retrofit/expansion of these
facilities may be considered prior to evaluation of Tier 1 practices. Existing Tier 3 practices shall be
upgraded to Tier 2 practices, if used for water quality treatment.
(E) FRPs and PCPs for impaired watersheds in the City contain a preliminary assessment of the
stormwater treatment potential of some sites. If an FRP or PCP identifies an STP on a site, then the site
must install either the specified STP or an STP that provides equivalent or greater treatment. Properties
that choose to construct STPs must do so prior to the deadline established by the State’s Agency of Natural
Resources, within 5 years of signing a Stormwater Improvement Agreement with the City, but no later
than November 1, 2028, whichever is sooner.
(F) All proposed STPs must be submitted to the Stormwater Superintendent for review. Standards
for these submissions are included in Appendix B.
3. Payment of Stormwater Mitigation Fee
(A) In lieu of installation of STPs as described above, the property owner may elect to pay a
stormwater mitigation fee. The mitigation fee for a property can be determined utilizing the following
equation, where IA is the impervious area on the site in acres and WQvT is the percent of the Water
Quality Volume treated on site:
Stormwater Mitigation Fee = IA x (1-WQvT)3 x $70,000
(B) Impervious Area (IA) is calculated by measuring the impervious surfaces located on the property
at the time of application. Applicants shall not include any publicly owned impervious area (e.g. public
roads within a City-owned ROW) in their calculation of IA.
(C) Payment of a stormwater mitigation fee does not prevent or exclude a site from being used for
stormwater treatment. If the site contains a project identified in a FRP as a regional stormwater treatment
facility then the City will require an Irrevocable Offer of Dedication to use the land for stormwater
treatment, if deemed feasible.
STORMWATER UPGRADE FEASIBILITY ANALYSIS 5
City of South Burlington Ordinance
(D) Stormwater mitigation fees must be paid in full upon signing an MS4 Permit Coverage Agreement
with the City. Alternatively, the property owner can elect to pay the fee over a 5- or 10-year term. If a 5-
year term is selected, the total value will be assessed at 3.5% interest over that period. If a 10-year term
is selected, the total value will be assessed at 5.5% interest over that period. Fees paid over a 5- or 10-
year term will be included in the property’s stormwater fee for developed properties as established in the
Ordinance.
4. Combination STP/Fee Method
(A) Some sites may install STPs for a portion of the site and pay a stormwater mitigation fee for the
remaining portion of the site. When this method is used, the percent of the Water Quality Volume treated
on site (WQvT) will be factored into the equation. Property owners are encouraged to maximize treatment
on site to the greatest extent possible, as the greater the level of treatment provided on site, the lower
the cost per impervious acre for the portion of the Water Quality Volume not achieved.
5. Penalties/Enforcement
(A) This ordinance shall constitute a civil ordinance within the meaning of 24 V.S.A. Chapter 59. Any
Person who violates a provision of this Ordinance, including but not limited to failure to install a STP prior
to the deadline established by the State’s Agency of Natural Resources or to pay the stormwater
mitigation fee when due, shall be subject to a civil penalty of up to $800 per day for each day that such
violation continues. Any law enforcement officer or the Director of Public Works, City Engineer, Deputy
Director of Public Works, or Stormwater Superintendent may act as an Issuing Municipal Official and issue
and pursue before the Judicial Bureau a municipal complaint for any violation of any provision of this
Ordinance.
(B) In addition to the enforcement procedures available before the Judicial Bureau, the City Manager
is authorized to commence a civil action to obtain injunctive and other appropriate relief, or to pursue
any other remedy authorized by law. Nothing herein shall be construed to limit other rights, remedies or
penalties available by law.
(C) An Issuing Municipal Official is authorized to recover civil penalties in the following amounts for
each violation:
First offense $160
Second offense $320
Third offense $480
Fourth offense $640
Fifth and subsequent offenses $800
(D) An Issuing Municipal Official is authorized to recover a waiver fee, in lieu of a civil penalty,
in the following amounts, for any Person who declines to contest a municipal complaint and pays the
waiver fee:
First offense $100
Second offense $250
Third offense $400
Fourth offense $550
STORMWATER UPGRADE FEASIBILITY ANALYSIS 6
City of South Burlington Ordinance
Fifth and subsequent offenses $700
Each day the violation continues shall constitute a separate violation.
6. Severability
If any portion of this Ordinance is held to be invalid by a court of competent jurisdiction, such finding shall
not invalidate any other part of this Ordinance.
Appendix A. Method for Infiltration Testing
(A) The following requirements apply to any required infiltration testing:
(1) Testing must be performed under the supervision of a qualified professional (i.e.,
registered engineer, site designer licensed in the State of Vermont, a qualified soil scientist, a
qualified geologist, a qualified hydrogeologist, or other person approved in advance by the
Stormwater Superintendent).
(2) Infiltration test methods must assess the saturated hydraulic conductivity under "field-
saturated" conditions (see ASTM D5126-90 Standard Guide for Comparison of Field Methods for
Determining Hydraulic Conductivity in the Vadose Zone).
(3) Infiltration test locations shall correspond to the proposed Stormwater Treatment
Practice (STP) locations, and infiltration tests must be conducted at a minimum depth of the
bottom of the proposed STP.
(4) Design infiltration rates shall be determined by using a factor of safety of 2 from the field-
derived value.
(5) Percolation tests are not acceptable in place of testing for saturated hydraulic
conductivity, as they overestimate saturated hydraulic conductivity values. Acceptable tests
include:
i. Guelph permeameter - ASTM D5126-90 Method
ii. Falling head permeameter – ASTM D5126-90 Method
iii. Double ring permeameter or infiltrometer - ASTM D3385-09, D5093-152, D5126-90
Methods
iv. Amoozemeter or Amoozegar permeameter – Amoozegar 1992
(6) The following information must be documented for any infiltration testing:
i. Date and time of testing.
ii. Name and qualifications of the person conducting the testing.
STORMWATER UPGRADE FEASIBILITY ANALYSIS 7
City of South Burlington Ordinance
iii. Location of infiltration testing.
iv. Method utilized during testing.
v. Results of infiltration testing in inches / hour.
(7) A qualified professional may establish seasonal high groundwater depth in test pits based
on redoximorphic features.
(8) Verify depth to bedrock (if within 4 feet of proposed STP bottom) via test pits or solid
auger probes.
Appendix B. Submission Standards
(A) The following information must be included with a submission:
(1) Complete application form.
(2) A brief written narrative describing the proposed Stormwater Treatment Practice (STP)
and how it meets the SUFA standard. This includes a description of how the proposed STP matches
or differs from what is indicated in any approved Flow Restoration Plan (FRP).
(3) A written description of the ongoing maintenance needs for the drainage system and
proposed STP.
(4) A map delineating the drainage area flowing to each STP. This must include any off-site
areas flowing to the STP.
(5) Site plan and construction details for all proposed STPs. The site plan must include:
i. Location, type, and size of all impervious surfaces.
ii. Location, type, size, elevations, and specifications for all proposed STPs.
iii. Stormwater collection and conveyance systems including swales, culverts, and piping.
iv. Length, diameter, and material for all piping and culverts.
v. Topographic survey and natural resource delineations.
vi. Soil type and/or hydrologic soil group.
vii. The location and results of any infiltration testing conducted.
viii. Tree canopy and changes to landscaping.
(6) Modeling results that show the existing and post-development hydrographs for the storm
events indicated below. Any TR-55 based model shall be suitable for this purpose. Modeling
methods utilized shall be in accordance with the best practices utilized by the State of Vermont
Stormwater Management Section and described in the VSMM.
STORMWATER UPGRADE FEASIBILITY ANALYSIS 8
City of South Burlington Ordinance
i. The Water Quality Volume (WQv) storm event as described in the VSMM.
ii. The one year, twenty-four hour rainfall event as described in the VSMM.
iii. The twenty-five year, twenty-four hour rainfall event (currently 4.0 inches) as described
in the most recent version of the City’s Land Development Regulations.
(7) Applications submitted under the Combined Method must include a stormwater
mitigation fee calculation. The site plan, listed under item 5 above, must indicate the portion of
Impervious Area (IA) being utilized in the stormwater mitigation fee calculation.
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STORMWATER UPGRADE FEASIBILITY ANALYSIS 9
City of South Burlington Ordinance
Adopted at South Burlington, Vermont this _______ day of _______________, 2021, and to be effective
upon adoption.
SOUTH BURLINGTON CITY COUNCIL
_________________________________ ______________________________
Helen Riehle, Chair Matt Cota
__________________________________ ______________________________
Meaghan Emery, Vice Chair Thomas Chittenden
__________________________________
Tim Barritt, Clerk
Received and recorded this ______ day of ________, 2021.
______________________________
Donna Kinville, City Clerk
RESOLUTION TO ESTABLISH A COMMITTEE ON COMMON AREAS FOR DOGS
WHEREAS South Burlington policy is based on quality of life considerations, including
recreation, parks, and open spaces; and,
WHEREAS South Burlington parks and open spaces serve as gathering points; and
WHEREAS the South Burlington Comprehensive Plan supports the development of new parks
for conservation and public use; and,
WHEREAS South Burlington’s City Clerk’s office collects annual fees for the purpose of
registering cats and dogs in the city; and,
WHEREAS South Burlington residents have demonstrated the desire for dog parks and dog-
friendly spaces throughout the city.
NOW, THEREFORE, BE IT RESOLVED that the South Burlington City Council does hereby
rename the Dog Park Committee the Committee on Common Areas for Dogs.
Members will
•Be selected according to the established procedures as set by the Council (including
application and interview)
•Be composed of seven South Burlington residents, representing a cross-section of the
community. Every effort shall be made to include at least one expert on canine behavior
•Include one member, but not more than two members to act as liaisons from both
Recreation & Parks and Natural Resources Committees
•Initial appointments shall be comprised of 2 individuals serving 1-year terms, 2
individuals serving 2-year terms, 3 individuals serving 3-year terms. Upon completion of
their initial term, Committee members may apply for appointment to another term.
•Establish officers (roles of the members) and Open Meeting Law guidelines
BE IT FURTHER RESOLVED
(1)that the Committee on Common Areas for Dogs shall be defined as any facet of
community life pertaining to the interests, health and safety of dogs and citizens, including
their presence in parks, on trails and in open spaces as deemed appropriate, by approval of
the South Burlington City Council.
(2) that the newly assembled Committee on Common Areas for Dogs shall organize, develop
a regular meeting schedule, and work plan, to present within the first two months of its initial
meeting for review by the Council.
(3) that the mission of the Committee on Common Areas for Dogs shall be to review site
selection criteria for future enclosed dog parks and open, off-leash areas in the City, as
proposed by the original Dog Park Task Force, and, to this end, prepare cost estimates,
operational policies and procedures, and maintenance guidelines (including safety, gating,
locking, hours of operation, fees, etc.), review existing ordinances, and hold a community
forum (in collaboration with a community-based Friends association,) prior to making
recommendations to the Council; and to promote a culture that reflects positive features of
everyday life for people and dogs and advocate for the relevant resources necessary to
achieve this vision.
(4) that the vision of the Committee on Common Areas for Dogs shall be to integrate the
needs of dog owners and dogs into South Burlington’s quality-of-life and conservation goals
in our parks, natural areas, and open spaces including Veterans Memorial Park, Red Rocks
Park, Wheeler Nature Park, and other properties and lands either owned or not owned by the
City or the public schools.
BE IT FINALLY RESOLVED that the Committee on Common Areas for Dogs will report
directly and be responsible to the Council and work in concert with the staff of the Recreation
and Parks Department and, through their liaisons, the Natural Resources Committee and the
Recreation and Parks Committee in order to advise the Council on:
•Proposed revisions to city ordinances and fees
•Proposed locations and configurations of dog parks
•Proposed policies and procedures governing dog parks and designated open spaces
•Other pertinent matters as they arise
Signed this ____ day of July 2021.
__________________________________________
Helen Riehle, Chair
__________________________________________
Meaghan Emery, Vice-Chair
__________________________________________
Tim Barritt, Clerk
__________________________________________
Thomas Chittenden
__________________________________________
Matt Cota
RESOLUTION IN SUPPORT OF FAIR AND IMPARTIAL POLICING POLICY
WHEREAS, the South Burlington City Council seeks to support and pursue the vision of the
Vermont Constitution, which founded our State on the principles that all persons are born
equally free and independent, with certain natural, inherent, and unalienable rights, amongst
which are the enjoying and defending of life and liberty, acquiring, possessing and protecting
property, and pursuing and obtaining happiness and safety.
WHEREAS, the South Burlington City Council seeks to encourage City standards of policy and
behavior that pursue and adhere to the inclusive vision of our state.
WHEREAS, policies are important statements of who we are as a community and can drive
action, and as a result, residents of the City of South Burlington, with the support of Migrant
Justice and input from Vermont migrant farm workers, have asked the City Council to review
and support a new Fair and Impartial Policing Policy to promote a culture of inclusiveness and
equity for all who live in and visit South Burlington.
WHEREAS, 20 V.S.A. § 2366(a)(1) states that every State, county, and municipal law
enforcement agency shall adopt a fair and impartial policing policy that includes each component
of the Vermont Criminal Justice Training Council's model fair and impartial policing policy, that
such agencies may include additional restrictions on communication and involvement with
federal immigration authorities or communications regarding citizenship or immigration status,
and that such agencies may not adopt a policy that allows for greater communication or
involvement with federal immigration authorities than permitted under the model policy.
WHEREAS, in the years since the statewide Fair and Impartial Policing Policy was adopted,
Migrant Justice has identified language in both the statewide and past City policies that leaves
South Burlington residents and visitors vulnerable.
WHEREAS, The City of South Burlington continues the commitment to its longstanding and legal practice of not inquiring into the immigration status of individuals during interactions with South Burlington Police Department.
NOW, THEREFORE, BE IT RESOLVED that the City Council of South Burlington supports
the adoption of the following Fair and Impartial Policing Policy by the South Burlington Police
Department. The City Council furthermore encourages the Vermont Legislature to revisit the
current model Fair and Impartial Policing Policy with the goal of implementing a stronger
statewide policy which provides equal protection across the state and uniformity of officer
training.
Signed this ____ day of June, 2021.
___________________________________________
Helen Riehle, Chair
___________________________________________
Meaghan Emery, Vice-Chair
___________________________________________
Tim Barritt, Clerk
___________________________________________
Thomas Chittenden
___________________________________________
Matt Cota
SOUTH BURLINGTON POLICE DEPARTMENT
PR-346: FAIR AND IMPARTIAL POLICING
Effective: 4/12/2021 Updated: 4/2/2021
PR-346 – FAIR AND IMPARTIAL POLICING Page 1 of 8
1.PURPOSE
A.The purpose of this policy is to require that all South Burlington Police Department
employees conduct policing in a fair and impartial manner, to clarify the circumstances
in which officers can consider personal characteristics or immigration status when
making law enforcement decisions and to reinforce processes and procedures that
enable us to provide services and enforce laws in an equitable and impartial way. The
South Burlington Police Department is required to adopt each component of the
Vermont Criminal Justice Training Council’s model fair and impartial policing policy. The
South Burlington Police Department may adopt additional components. Nothing in the
South Burlington Police Department Fair and Impartial Policing Policy is intended to
violate federal law nor interpreted to conflict with any agencies obligations under
Vermont’s Public Records Act.
2.INTRODUCTION
A.Employees are prohibited from engaging in biased policing. This means no member of
South Burlington Police Department shall take actions based on any personal
characteristics, or immigration status, except as described below, in the services our
employees provide to the community in connection with our law enforcement activities.
B.Because partnership with Vermont residents is the most effective way to ensure public
safety, maintaining the public’s trust is a primary concern. To secure this trust personal
characteristics, or immigration status, should have no adverse bearing on an individual’s
treatment by the South Burlington Police Department. Enforcement of civil immigration
law is a federal responsibility and agencies should not engage in such enforcement
except as otherwise outlined in this policy. Vermont residents are more likely to engage
with law enforcement and other officials by reporting emergencies, crimes, and acting
as witnesses; to participate in economic activity; and to be engaged in civic life if they
can be assured they will not be singled out for scrutiny on the basis of the personal
characteristics or immigration status.
C.To achieve these objectives the South Burlington Police Department will implement a
combination of best practices including but not limited to: hiring, in-service training,
policy development, supervision, reporting and investigative processes, appropriate
discipline, and community outreach and partnerships.
3.DEFINITIONS
A.“Biased policing” is conduct by law enforcement officers motivated by an individual’s
actual or perceived or self-identified personal characteristics.
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B.“Personal characteristics”: May include but is not limited to actual or perceived identity,
race, ethnicity, national origin, color, gender, sexual orientation, gender identity, marital
status, mental or physical disability, age, religion and socio-economic status.
C.“Immigration status”: Generally, refers to the legal rights, if any, of a non-citizen to
enter or remain in this country. Examples include, without limitation, “lawful permanent
resident,” “temporary worker,” “refugee,” and “undocumented.”
D.“Reasonable suspicion”: Suspicion, for which an officer can articulate factual reasons,
does not need to rise to the level of probable cause.
E.“Probable cause”: Facts or circumstances that would lead a reasonable person to
believe that a crime has been committed, or is being committed, or is about to occur.
F.“Member” or “employee”: any employee employed by the South Burlington Police
Department, regardless of their assigned tasks or duties.
G.“Federal immigration authorities”: federal agencies, departments, or employees or
contractors thereof, tasked with enforcement of immigration law and border entry,
including without limitation, the Department of Homeland Security (DHS), Immigration
Control and Enforcement (ICE), and U.S. Customs and Border Patrol (CBP).
4.POLICING IMPARTIALLY
A.As required by law, all enforcement actions by law enforcement officers, such as
investigation, detentions, traffic stops, arrests, searches and seizures, etc. must be
based on reasonable suspicion, probable cause or other or relevant exigent
circumstances, supported by articulable facts, circumstances, and conclusions that
support the given action.
B.South Burlington Police Department employees may consider reported race, ethnicity or
other personal characteristics of persons based on credible, reliable, locally relevant,
temporally specific information that links a person of specific description to particular
criminal incidents and is combined with other identifying information.
C.Under federal and state law, law enforcement agencies are required to provide qualified
interpretation services, either in person or telephonically, to any person in need of it.
South Burlington Police Department employees shall not contact federal immigration
authorities for interpretation services, unless a clear emergency requires it and qualified
interpretation services are not available through any other means. Unless one of the
exceptions included in Section 10 applies, the South Burlington Police Department shall
not ask about the immigration status of the person for whom interpretation is sought.
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5.COMMUNITY RELATIONS
To cultivate and foster transparency and trust with all communities each South Burlington Police
Department member shall do the following when conducting pedestrian and vehicle stops or otherwise
interacting with members of the public unless circumstances indicate it would be unsafe to do so:
A.Be courteous and professional;
B.Introduce him/herself to person (providing name and agency affiliation), and state the
reason for the stop as soon as practicable unless providing this information will
compromise officer or public safety, or a criminal investigation;
C.Ensure that a detention is no longer than necessary to take appropriate action for the
known or suspected offense and the South Burlington Police Department conveys the
purpose of the reasonable delays;
D.Provide South Burlington Police Department employee name verbally when requested.
South Burlington Police Department may also provide the information in writing or on a
business card;
E.In addition to the above, employees should answer relevant questions the person may
have if doing so will not compromise safety and/or the investigation.
6.RESPONDING TO BIAS-BASED REPORTS OR REPORTS REGARDING BIAS FROM THE COMMUNITY
A.If any South Burlington Police Department employee receives a call for service that
appears to be based solely on an individual’s perceived personal characteristics or
immigration status, the South Burlington Police Department employee will attempt to
ascertain if there are other circumstances or facts that would constitute reasonable
suspicion or probable cause. If the complainant can offer no further information, the
complainant will be advised that the shift supervisor will be in contact at the first
opportunity.
B.The shift supervisor will be notified and apprised of the circumstances of the call. The
supervisor should attempt to familiarize the caller with the South Burlington Police
Department Fair and Impartial Policing policy and explain that the Department does not
respond to incidents based solely on the personal characteristics of the person(s)
involved.
C.At the conclusion of the call, the shift supervisor will document the contact using the
South Burlington Police Department’s incident report system.
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D.If a South Burlington Police Department employee receives a report of a potentially
biased or hate-motivated incident, employees shall handle the incident as outlined by
PR 310 Hate Crimes – Bias incident Response.
7.TRAINING
A.The South Burlington Police Department will ensure that, at a minimum, all members
and employees are compliant with Council and legislative requirements regarding fair
and impartial policing training.
B.Additional trainings may include but not be limited to instruction on anti-bias, power
and privilege, non-English speaking communities, undocumented communities, and
victim/witness services.
C.It will be the responsibility of the Support Services sergeant to ensure that member will
receive training upon this policy being enacted and then during odd numbered years
thereafter on related issues. Training shall include a review of the Departments policy
on biased based profiling, compliance with the VCJTC and legislative requirements, and
any applicable legal updates that relate to this issue.
8.ACCOUNTABILITY AND COMPLIANCE
A.Accountability and trust are vital elements of inclusive policing. The process for making
a complaint about biased policing shall be readily available to the public. All reasonable
efforts shall be made to accommodate language barriers.
B.All South Burlington Police Department employees are required to promptly report
allegations, complaints or knowledge of biased policing or suspected violations of this
policy to their supervisor and the department’s internal investigation function. Where
appropriate, employees are required to intervene at the time the biased policing
incident occurs. Upon request, South Burlington Police Department employees will
explain how a person can make a complaint regarding an officer’s conduct.
C.State law requires all Vermont law enforcement agencies to conduct valid investigations
of alleged biased law enforcement, even if the named member or employee resigns.
Effective July 1, 2018, South Burlington Police Department is required to report to the
Criminal Justice Training Council instances in which officers have willfully engaged in
biased law enforcement or substantially deviated from policies prohibiting such
enforcement. The regulating authority may, in turn, impose sanctions up to revocation
of officers’ certification.i
D.Violations of the policy shall result in appropriate disciplinary action as set forth in the
South Burlington Police Department rules and regulations. Supervisors shall ensure that
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all employees in their command are familiar and in compliance with the content of this
policy. Supervisors will be alert for and respond to indications of potential biased
policing.
E.Supervisors shall ensure that all personnel in their command are familiar with the
content of this policy. Supervisors should randomly review records such as reports of
video/audio recordings, or otherwise monitor the conduct of the officers in their
command for the purpose of ensuring compliance with this policy and to identify
training issues. Supervisors will be alert and respond to indications of potential biased
policing.
9.ESTABLISHING IDENTITY
A.Notwithstanding other provisions of this policy, South Burlington Police Department
employees may make attempts to identify any person they detain, arrest, or who come into
the custody of the South Burlington Police Department.
B.Acceptable forms of identification, which must include a photograph of the individual,
include, but are not limited to, driver’s licenses from any U.S. state or foreign country,
government-issued IDs by a U.S. jurisdiction, foreign passports, and consular ID cards. All
identification is subject to reasonable scrutiny and follow-up for authentication consistent
with the provisions of this policy.
C.An individual shall not be stopped or detained solely for the purpose of establishing his or
her identity. However, if the individual has already been stopped for a lawful purpose, he or
she may be subject to objectively reasonable additional detention in order to establish
identity (e.g., inquiry into identity during the course of a lawful traffic stop).
D.In exercising their discretion to use federal resources to establish an individual’s identity,
South Burlington Police Department employees should remain mindful that (1) their
enforcement duties do not include civil immigration enforcement and (2) the South
Burlington Police Department stands by its mission to serve all Vermonters, including
immigrant communities, and to ensure trust and cooperation of all victims/witnesses.
Contact with federal authorities made to determine an individual’s identity is restricted to
the purpose of determining his or her identity.
10.FEDERAL CIVIL IMMIGRATION LAW: STOPS, DETENTION, ARRESTS, AND ADMINISTRATIVE
WARRANTS/DETAINERS
South Burlington Police Department employees do not have authority to enforce federal civil
immigration law. The Constitution’s Fourth Amendment and the Vermont Constitution’s Article 11 right
against unreasonable search and seizure apply equally to all individuals residing in Vermont.
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A.South Burlington Police Department employees will not inquire of a person about that
person’s immigration status unless it is necessary to the ongoing investigation of a
criminal offense. Agency members shall not use individual personal characteristics to
ask about or investigate immigration status. See Section 13 below.
B.South Burlington Police Department employees shall not facilitate the detention of
undocumented individuals or individuals suspected of being undocumented by federal
immigration authorities for suspected civil immigration violations. See Section 13 below.
C.South Burlington Police Department employees shall not initiate or prolong stops for the
purpose of enforcing civil immigration matters, such as suspicion of undocumented status,
nor shall they prolong stops for the purpose of allowing federal immigration authorities to
conduct such investigation.
D.South Burlington Police Department employees shall not arrest or detain any individual
based on an immigration "administrative warrant” or “immigration detainer.” These
documents have not been issued or reviewed by a neutral magistrate and do not have the
authority of a judicial warrant. In addition, these documents do not meet the probable
cause requirements of the Fourth Amendment and Article 11 of the Vermont Constitution.
E.South Burlington Police Department employees shall not hold for, or transfer people to,
federal immigration agents unless the federal agents provide a judicial warrant for arrest. An
immigration detainer is not a warrant and is not reviewed by a judge, and therefore is not a
lawful basis to arrest or detain anyone. Valid criminal warrants of arrest, regardless of crime,
shall not be confused with immigration detainers. This provision does not affect the proper
handling of arrests and detentions associated with judicially-issued criminal arrest warrants.
F.Personal characteristics and/or immigration status, including the existence of a civil
immigration detainer shall not affect the detainee’s ability to participate in pre-charge or
police-initiated pre-court processes such as referral to diversion or the Community Justice
Center. Furthermore, personal characteristics and/or immigration status shall not be used as
a criteria for citation, arrest, or continued custody under Rule 3 of he Vermont Rules of
Criminal Procedure.
11.FEDERAL CRIMINAL LAW: BORDER CROSSINGS
South Burlington Police Department officers shall not make warrantless arrests or detain individuals on
suspicion of “unlawful entry” unless the person in question is apprehended in the process of entering
the United States without inspection.
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12.VICTIM AND WITNESS INTERACTION
The cooperation of immigrant communities is essential to prevent and solve crimes and maintain
the safety and security of all residents. The following provisions are intended to support crime
victims/witnesses and enhance trust between the police and community.
A.South Burlington Police Department employees shall not ask about or investigate
immigration status of crime victims/witnesses, except as allowed in subsections (b) and
(c) below. Federal law does not require law enforcement officers to ask about the
immigration status of crime victims/witnesses.
B.To effectively serve immigrant communities and to ensure trust and cooperation of all
victims/witnesses, South Burlington Police Department employees will not ask about, or
investigate, immigration status of crime victims/witnesses unless information regarding
immigration status is an essential element of the crime (such as human trafficking).
C.If a victim/witness is also a suspect, South Burlington Police Department employees
should follow the provisions in Section 9 related to stops, detention and arrest and
Section 10(a) related to ongoing criminal investigations.
D.South Burlington Police Department employees will ensure that individual immigrants
and immigrant communities understand that full victim services are available to
documented and undocumented victims/witnesses. South Burlington Police
Department employees should communicate that they are there to provide assistance
and to ensure safety, and not to deport victims/witnesses. In considering whether to
contact federal authorities South Burlington Police Department employees shall not
share information about crime victims/witnesses with federal immigration authorities,
unless it is with the individual’s consent.
E.South Burlington Police Department members may, in appropriate situations, advise an
individual that if they are undocumented they may be eligible for a temporary visa. For
example, an individual might qualify for a U, S, or T visa if they are a victim or material
witness to certain serious offenses
13.COLLABORATION WITH FEDERAL IMMIGRATION OFFICERS
A.South Burlington Police Department employees shall not contact federal immigration
officials solely on the basis of a suspect’s or arrestee’s race ethnicity, or national origin.
B.Sweeps intended solely to locate and detain undocumented immigrants without
reasonable suspicion or probable cause of a crime shall not be conducted unless acting
in partnership with a federal agency as part of a formal agreement entered into by the
governor.
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C.South Burlington Police Department employees are not permitted to accept requests by
ICE or other agencies to support or assist in operations that are primarily for civil
immigration enforcement.
D.Unless ICE or CBP agents have a judicially-issued criminal warrant, or the South
Burlington Police Department has a legitimate law enforcement purpose exclusive of
the enforcement of civil immigration laws, South Burlington Police Department
employees shall not grant ICE or CBP agents access to individuals in the South Burlington
Police Department’s custody.
E.Officers shall not prolong any detention solely in order to investigate immigration status
or to allow federal immigration officers to investigate immigration status.
F.No information about an individual shall be shared with federal immigration authorities
unless necessary to an ongoing investigation of a felony, for which there is probable
cause, and the investigation is unrelated to the enforcement of federal civil immigration
law. Such information includes but is not limited to the individual’s custody status,
release date/time, court dates, whereabouts, residence, employment, identification
numbers, appearance, telephone number, and familial relations.
G.The Officer in Charge shall be the point of contact for any requests for cooperation from
federal immigration authorities.
14.ADMINISTRATIVE REVIEW
A.The Chief of Police shall direct an annual review of all citizen’s complaints. The review will
make note of any patterns that suggest a need for further investigation and/or additional
training. Any suspicion of bias based policing practice will be handled as set forth in Section
8, Accountability and Compliance.
As required by 20 V.S.A. section 2366, this Fair and Impartial Policing policy includes each
component of the model Fair and Impartial Policing Policy approved and mandated by the Vermont
Criminal Justice Training Council on 12-07-2017.
APPROVED BY: DATE: 04/02/2021
i VT Act 56 (2016), codified in 20 V.S.A. § 2402(2) (biased enforcement as Category B unprofessional
conduct), § 2403 (duty to report to Council), § 2404 (duty to investigate) and § 2406 (Council-issued
sanctions).
Trinity Educational Center, Inc.
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CONFIDENTIAL - DO NOT DISSEMINATE. This business plan contains confidential, trade-secret
information and is shared only with the understanding that you will not share its contents or ideas with
third parties without the express written consent of the plan author.
Business Plan
Trinity Educational Center, Inc.
1702 Shelburne Road Suite 250
South Burlington, VT 05403
802.777.8080
802.419.8248 (Fax)
tec@trinityedcenter.org
www.trinityedcenter.org
EIN #58-2321846
Trinity Educational Center, Inc.
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information and is shared only with the understanding that you will not share its contents or ideas with
third parties without the express written consent of the plan author.
Table of Contents
1.0 Executive Summary ........................................................................ 4
1.1 Mission Statement ..................................................................... 4
1.2 Motto .................................................................................... 4
1.3 TEC Theory & Overview .............................................................. 4
2.0 Services ....................................................................................... 5
2.1 Youth Program ......................................................................... 6
2.2 Educational Program .................................................................. 7
3.0 Operations .................................................................................... 8
3.1 Proposed Location & Staffing ....................................................... 8
3.2 Hours of Operations & Staffing ..................................................... 9
3.3 Safe Space ............................................................................. 10
3.4 Social & Environmental Responsibility ........................................... 12
4.0 Strategic Theory ........................................................................... 13
4.1 Goals .................................................................................... 14
4.2 Philosophy ............................................................................. 15
4.3 Positioning ............................................................................. 16
5.0 Marketing Strategy ......................................................................... 22
5.1 Youth Target Market ................................................................. 22
5.2 Target Population .................................................................... 23
6.0 Management ................................................................................ 24
Trinity Educational Center, Inc.
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information and is shared only with the understanding that you will not share its contents or ideas with
third parties without the express written consent of the plan author.
6.1 Personnel Plan ........................................................................ 25
7.0 Financial Plan ............................................................................... 26
7.1 Assumptions & Projections ......................................................... 26
7.2 Implementation Phases ............................................................. 26
8.0 Startup Budget ............................................................................. 27
Appendix ......................................................................................... 29
Appendix A. NSDUH 2018-2019 Vermont Data Summary by Age Group ........ 29
Appendix B. Drug Use and Health ...................................................... 30
Appendix C. South Burlington School District Demographics ..................... 34
Trinity Educational Center, Inc.
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information and is shared only with the understanding that you will not share its contents or ideas with
third parties without the express written consent of the plan author.
1.0 Executive Summary
1.1 Mission Statement
Trinity Educational Center, Inc. (TEC) mission is to provide youth and young adults in
the community with a safe, inclusive, educational, and empowering space. At TEC
young people are encouraged to develop their strengths and talents to better
themselves and our larger community.
1.2 Motto
Trinity where the limits are INFINITE
1.3 TEC Theory & Overview
TEC is a 501(c)(3) tax-exempt organization and a Vermont registered Domestic Non-
profit Corporation. The Youth and Educational Center’s name is INFINITE, and infinite
is defined as unlimited and boundless, aligning with our motto. TEC is a new way of
thinking by choosing to live a healthy lifestyle, emphasizing healthy alternatives.
These opportunities create a safe environment that helps young people develop a
sense of purpose, boost self-esteem, build skills for success, and be empowered to
choose to live a healthy lifestyle.
TEC strives to empower youth to find their strength, giving them the ability to say
no to drug and alcohol use versus just telling them that the right thing to do is to
say no. TEC believes there is an extreme and powerful difference between the
two. Nearly everyone understands that drugs have negative consequences. Still,
not all youth recognize that they have a choice, especially in Chittenden County
communities where drug (opioids, marijuana) and alcohol use continue to increase,
contributing to lifetime use of drugs and alcohol. Furthermore, the percentage of
students who have tried an electronic vapor product (i.e., e-cigarettes, e-cigars, e-
pipes, vape pipes, vaping pens, e-hookahs, and hookah pens) has significantly
increased since first asked in 2015.1 Giving a young person a choice means giving
them power, which is why TEC chooses to go beyond just acquiring knowledge.
Instead, we focus on using their knowledge through the power of choice and
influence so that young people can withstand traditional peer pressure to make
their own health decisions.
1 Vermont Department of Health.(2019). 2019 Youth Risk Behavior Survey Report. Retrieved from
www.healthvermont.gov/sites/default/files/documents/pdf/HSVR_YRBS_CHITTENDEN_2019.pdf
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2.0 Services
The INFINITE Center will be a daily youth drop-in center with a complete after-school
program for youth from 12 to 19. On Fridays and Saturdays evenings, INFINITE will
stay open later to provide cultural events, comedy, and poetry nights. While TEC will
primarily focus on youth, it will also offer all-ages activities. The Center will provide
a safe space for all South Burlington citizens to connect, grow, and thrive.
While the Youth and Educational Programs are free, other INFINITE components might
have a small fee, such as weekend events. However, we will have fundraising events
to cover these additional events, so money is not a barrier, and all youth can attend.
To start attending the INFINITE Center;
Middle school participants:
Parent(s) or guardian(s) must visit INFINITE to complete the application
and before attending.
High school participants:
1.Participants can show up
2.On the second visit, the youth MUST submit a completed application signed by
their parent(s) or guardian(s) before entering.
TEC will offer two programs in the INFINITE Center; (a) youth and (b) education to
individuals in the community. We will serve youth and young adults between the ages
of 12-24 years old.
∞ Pathfinders: Middle Schoolers (6-8, ages 12-13)
∞ Empowered: High Schoolers (9-12, ages 14-19)
∞ Fearless: Educational Program (19-24)
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2.1 Youth Program
Pathfinders: Middle Schoolers (6-8 grade)
Early Adolescence 10 -14 years of age
∞ Emerging identity shaped by in/external influences; moodiness; improved
speech to express oneself; more likely to express feelings by action than by
words (maybe more true for males)
∞ Close friendships gain importance; less attention shown to parents, with
occasional rudeness; realization parents not perfect
∞ Identification of own faults; search for new people to love in addition to
parents; tendency to return to childish behavior during times of stress; peer
group influence on personal interests and clothing styles.
∞ Rule and limit testing; experimentation with cigarettes, marijuana, and
alcohol; capacity for abstract thought.
∞ Increasing career interests; mostly interested in the present and near future;
greater ability to work.
Empowered: High Schoolers (9-12, ages 14-18)
Middle Adolescence 14-18 years of age
∞ Self-involvement, alternating between unrealistically high expectations and
worries about failure; complaints that parents interfere with independence;
∞ Extremely concerned with appearance and body; feelings of strangeness about
one’s self and body;
∞ The lowered opinion of and withdrawal from parents; effort to make new
friends; strong emphasis on the new peer group; periods of sadness as parents'
psychological loss occurs; examination of inner experiences, including writing a
diary.
∞ Intellectual interests gain importance; some sexual and aggressive energies are
directed into creative and career interests; anxiety can emerge from school
and academic performance.
∞ Development of ideals and selection of role models; more consistent evidence
of conscience; greater goal setting capacity; interest in moral reasoning.
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Fearless (ages 18 -21)
Late Adolescence 18-21 years of age
∞ Firmer identity; ability to delay gratification; ability to think through ideas;
ability to express ideas in words; a more developed sense of humor; interests
and emotions become more stable; ability to make independent decisions;
ability to compromise; pride in one’s work; self-reliance; more significant
concern for others.
∞ More defined work habits; a higher level of concern for the future; thoughts
about their role in life.
∞ Valuable insight; focus on personal dignity and self-esteem; ability to set goals
and follow-through; acceptance of social institutions and cultural traditions;
self-regulation of self-esteem.
The INFINITE Center will offer various activities, including crafts, tutorials, character
building, community outreach, cultural awareness, academic debates & workshops,
and computer software training.
We plan to serve 20-30 (more based on space) teens daily who are alone after school.
Research demonstrates that teens are engaging in at-risk and destructive behaviors.
Youth are more likely to be unsupervised and participate in or be exposed to at-risk
behaviors, substance abuse, and crime. Juvenile violence peaks in the after-school
hours on school days and the evenings on nonschool days.2
2.2 Educational Program
Fearless: Educational Program
The Educational Program begins after the youth have graduated from high school.
The INFINITE Center will offer college application preparations, workshops, meetings,
and classes for young people and parents to gain new skills.
2 OJJDP Statistical Briefing Book. Online. Available:
https://www.ojjdp.gov/ojstatbb/offenders/qa03301.asp?qaDate=2016. Released on October 22, 2018.
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3.0 Operations
3.1 Proposed Location & Staffing
When considering a potential location for the INFINITE Center, there are many
important factors to consider.
1.Related community organizations
2.The proximity of Frederick H. Tuttle (Tuttle) Middle school and South
Burlington High(SBHS)
3.Student demographics
4.Property on the bus line
5.School bus route
We selected South Burlington as the city that we will open the INFINITE Center. This is
because there are no similar community organizations for youth in South Burlington,
Vermont.
Based on low funding due to COVID-19, TEC plans to rent a location for the first year
and then determine the current needs and next steps.
Potential Office Space
I am searching for office space within walking distance of the Tuttle and SBHS. I have
been in contact with Tonia Karnedy, a real estate agent, to locate a space.
However, due to the limited office spaces within walking distance or high rental
costs, we will search for different locations in South Burlington. Furthermore, TEC
will ask community leaders to assist in locating a space.
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3.2 Hours of Operations & Staffing
*Proposed Hours
Youth Program
School Hours School Breaks
Day *Middle
School High School Day *Middle
School High School
Monday 3-6:30pm 2:30-6:30pm Monday 8am-6:30pm 8 am-9pm
Tuesday 3-6:30pm 2:30-6:30pm Tuesday 8am-6:30pm 8 am-9pm
Wednesday 3-6:30pm 2:30-6:30pm Wednesday 8am-6:30pm 8 am-9pm
Thursday 3-6:30pm 2:30-6:30pm Thursday 8am-6:30pm 8 am-9pm
Friday 3-6:30pm 2:30-9pm Friday 8-6:30pm 8 am-9pm
Saturday 8am-6:30pm 8am-9pm Saturday 8am-6:00pm 8am-9pm
Sunday
*Time will be adjusted based on the sun setting. TEC does not want middle schoolers
walking home in the dark.
Educational Program
School Hours Summer/Holiday Hours
Day Ages 18-24 Day Ages 18-24
Monday 8am-2:30pm Monday **TBD
Tuesday 8am-2:30pm Tuesday **TBD
Wednesday 8am-2:30pm Wednesday **TBD
Thursday 8am-2:30pm Thursday **TBD
Friday 8:00-2:30pm Friday **TBD
Saturday **TBD Saturday **TBD
Sunday
**TBD based on the size of the facility and youth events
Staffing
Staffing is a critical piece of the INFINITE Center operations. Our staff are more
than just employees; they are mentors and role models who will help young people
navigate adolescence. Additionally, we plan on having volunteers on site as tutors,
workshop leaders, and mentors. All staff members and volunteers will receive
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training on asset-based youth development and weekly/monthly meetings. Moreover,
hiring at least two part-time college students (same generation) will allow the
activities to remain relevant and with different perspectives.
The staff will be trained to listen to and support the youth as they grow as people.
One of the staff's goals is to help them remain drug and alcohol-free and focus on
their future.
TEC leaders are driven by their passion for helping others and making a difference in
youth lives. A youth center is a perfect place to develop those relationships and
become a consistent positive role model.
3.3 Safe Space
To adequately serve a wide age range of youth, we will include different check-in and
check-out policies. For example, middle school students will not leave the facility
without parental consent, whereas students16 and older can check themselves.
Safety
TEC is committed to providing all youth with a safe and welcoming space. Based on
the Youth Development Institute model, building safety among the group is a top
priority. A safe environment is physically, emotionally, and culturally secure. If the
youth do not feel safe, they will not build relationships and participate fully.
Physical: The surrounding environment is clean, vibrant, comfortable, and secured,
with the necessary resources to protect them from harm.
Emotional/Cultural: A young person feels emotionally safe when welcome, accepted,
appreciated because of cultural differences, heard, and valued as an individual by
adults and peers.
The INFINITE Center is open to all youth of South Burlington and surrounding
communities if space is available. The city comprises of students from different
nationalities (i.e., African, Asian, and Hispanic) and speaks various foreign languages
(i.e., French, Serbo-Croatian, Spanish). Instead of assuming who the teens are, we
get to know them through dialog and activities. For example, some teens may be
homeless, home or private school, come from abusive situations, have drug-addicted
and alcoholic parents, are adopted, have a family member incarcerated, have
learning disabilities, and may have dropped out of school.
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Much can be learned about these issues directly from the person. Some will be eager
to share their experiences, while others will never let anyone know. INFINITE Center
is a drop-in center, but the friendships and conversations that the staff have with the
teens may change their lives. Though the INFINITE Center will not have the means to
help all the teens that come through the door, we can provide them with resources.
Through our procedures, agreements with the youth, positive activities, and
supportive staff, we take safety seriously so that the youth can comfortably express
themselves. We love bringing people together to share similar experiences, but we
also celebrate their differences. We encourage everyone to be themselves and for
everyone to be accepting.
INFINITE Center Rules & Agreements
All youth and young adults attending INFINITE must agree to:
1.You will be respectful of all others and the property of all others at all times.
2.The use of aggressive physical contact (fighting, play fighting, rough-housing,
and wrestling), vulgar gestures, abusive or obscene language, including but not
limited to racial, sexual, or religious references, directed at other members,
guests, volunteers, or staff you WILL BE permanently barred from INFINITE.
3.Appropriate clothing is worn while in the Center or while attending an activity
off-site. This includes but is not limited to sagging, excessively loose, or
revealing clothing, clothing that displays or makes drug, tobacco, or alcohol
references.
4.The facility (including materials and equipment) must be respected at all
times. Anyone identified as purposely defacing and/or damaging any property
WILL BE permanently barred from INFINITE.
5.Keep your displays of affection private. There is no hugging, kissing, holding
hands, sitting on laps, or other displays of affection. Sexual harassment will
not be tolerated, and you WILL BE permanently barred from INFINITE.
6.Theft and acts of vandalism are prohibited and will result in immediate
expulsion. Additionally, INFINITE is not responsible for lost or stolen items.
7.No bullying, hazing, or verbal abuse will be tolerated.
8.No disruption of normal Center activities will be allowed.
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9.Members must receive permission from volunteers before using facility phones.
In addition, the phone is not to used for leisure calls.
10. Clean up after yourself.
3.4 Social & Environmental Responsibility
TEC believes that social and environmental responsibility should be an integral part of
operating an organization and teaching young people.
1.We are committed to operating our organization with a solid commitment to
reducing waste to minimize our carbon footprint and recycle and re-purposed
materials and recycling.
2.Helping the community through service projects will be an essential part of our
efforts.
a.We feel dedicated to bettering the community we serve and because it has
been proven that young people who participate in community service
projects are less likely to use drugs.
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4.0 Strategic Theory
Research in substance abuse and teen health is continuously evolving, especially in
Chittenden County communities. Unfortunately, what were once highly practiced
forms of prevention have proven to be ineffective. What we know now is that one-
shot programs and education alone do not work.
Researchers have changed their focus from examining risks associated with adverse
health choices to protective factors. In addition, these researchers have found that
asset development and resiliency building are effective ways of reducing youth
substance abuse.
The CDC and the Association for Supervision and Curriculum Development (ASCD)
partnered to create the Whole School, Whole Community, Whole Child (WSCC)
model.3
Some school districts have created wellness teams to work on health-related programs
and activities. These teams are often modeled after the components of the Centers
for Disease Control and Prevention’s Coordinated School Health Model or follow the
tenants of the ASCD’s Whole Child Framework. 4 TEC wants to partner with the South
Burlington School District to focus on the Whole Community section in the WSCC
model.
3 Centers for Diesease Control and Prevention.(n.d.). Whole School, Whole Community, Whole Child
(WSCC): https://www.cdc.gov/healthyschools/wscc/index.htm
4 Association for Supervision and Curriculum Development. (n.d.). Whole School, Whole Community,
Whole Child: http://www.ascd.org/programs/learning-and-health/wscc-model.aspx
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Source: CDC
4.1 Goals
1.Create a safe environment that helps young people develop strong
interpersonal skills and a sense of purpose.
2.Help the youth understand the four stages of Adolescent Identity Development;
Identity Diffusion, Identity Foreclosure, Identity Moratorium, Identity
Achievement
3.Use our positive influence to help youth build self-esteem and skills for
success.
4.Empower youth to choose to live a healthy lifestyle.
5.Reduce youth and young adults substance abuse in a State that continues to be
ranked higher than the other 50 States and DC.5
5 Vermont Department of Health. (2016, Feb). NSDUH 2018-2019 Vermont Data Summary:
https://www.healthvermont.gov/sites/default/files/documents/pdf/ADAP-NSDUH-Summary-2018-
2019.pdf
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6.Encourage young people to become the caretakers of their communities.
7.Provide a support system by surrounding the young people in a caring, inclusive
learning environment
4.2 Philosophy
TEC provides opportunities for young people to reach their INFINITE potential and the
skills and confidence to make healthy choices while successfully navigating
adolescents. While TEC's focus is to keep young people drug and alcohol-free, we
believe that the most effective way to do this is by addressing causes that contribute
to drug and alcohol use and abuse. We handle many issues such as suicide,
depression, body image, education, healthy alternatives, and community
responsibility. Together, these efforts combine to provide a comprehensive,
multifaceted approach to build assets and resiliency, ultimately reducing overall drug
and alcohol use.
Key Strategies
∞ Healthy Alternatives – Research supports that one of the biggest complaints
heard from young people about why youth use drugs is nothing else to do. TEC
strives to provide healthy alternatives, such as cultural events and movie
nights. All while encouraging young people to follow their passions.
∞ Empowerment and Personal Growth – The INFINITE Center will be organized
for and by youth. Young people involved with our organization will be
empowered to take on leadership roles and give input on all organizational
facets. We strive to inspire young people to find their passions and achieve
their goals. We believe that there is a monumental difference between telling
young people that the right thing to do is to say no to drug and alcohol use and
empowering them so that when faced with the choice, they can speak out and
say no. We emphasize positive body image, mental and emotional wellbeing,
and peer support as key aspects of youth empowerment.
∞ Environmental Change – TEC strives to change the local climate to one that
embraces all young people. We believe that all youth should voice their
opinions, and build positive youth and multi-generational relationships with
open communication is vital. We also strive to change unfavorable climates of
bullying and intolerance to become positive and aspiring.
One of the main focuses of the Youth Program is Adolescent Identity Development.
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The development of a strong and stable sense of self is widely considered to be one of
the central tasks of adolescence. 6 During adolescence, the youth are much more
self-conscious about their changing identities than at any other stage in their lives.
4.3 Positioning
Based on research, South Burlington has never had a program similar to TEC or any
other program.
What makes us believe that we can successfully start and operate a Youth &
Community Center now? To put it simply, TEC is different.
What makes us unique?
How can organizations that support diversity under cultural competence? Youth
of color need to have someone similar for assimilation
∞ We are for youth by youth – every teen center group we have seen in the past
came from adults trying to do something for young people. While their efforts
are noble and sincere, there is a specific connection missing when adults
develop youth programming. Not only do youth develop a strong bond with an
organization when their input is used, but we are also able to ensure that the
programming is precisely what they want.
∞ We do not believe in “bad” kids - TEC thinks that all kids are good kids, and our
staff will be trained on how to deal with negative behaviors positively. We
believe that we will handle harmful behaviors quickly and effectively by
building positive relationships with the youth. Our staff is not babysitters, but
mentors, here to guide young people on their journeys as they develop into
productive, healthy young adults. (Pathfinders Empowered Fearless)
∞ TEC plan on having a strong staff, which includes college students. We will not
rely on volunteers – some teen centers rely heavily on volunteers who quickly
burn out. Volunteer help is vital and beneficial to the Center, but we will
always have staff on site.
6 Butler, A. (2010). Adolescent Identity Development: Who We Are. Retrieved from
http://www.actforyouth.net/resources/n/n_adol_identity/
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∞ We will not just be a hangout spot – we strive to actively engage young people
in meaningful activities so that they are doing more than hanging out and
gaining essential skills and building self-esteem along the way.
Why now?
Vermont Department of Health publishes numerous reports, including :
1.The Division of Alcohol and Drug Abuse Programs
2.Health Effects of Marijuana Use Among School-Aged Youth
3. National Survey on Drug Use and Health
4. Chittenden County Community Profile
The Division of Alcohol and Drug Abuse Programs, Annual Overview 2019
Individuals ages 12 + use alcohol more than any other drug. In the past month, based
on the report date, 62% of 12 + individuals drunk alcohol, and 57% of the 62% binge
drank.7 (See Appendix B)
Past Month
Alcohol 62%
Cannabis 19
Binge-drank 57%
Past Year
Prescription pain reliever 4%
Heroin 0.70%
7 Vermont Department of Health.(2019). Division of Alcohol and Drug Abuse Programs:
https://www.healthvermont.gov/sites/default/files/documents/pdf/ADAP%20Annual%20Overview%202
019.pdf
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Why we need a Youth & Educational Center?
With the current racial tensions, increased suicide, alcohol and drug usage, youth
need a safe space such as a youth center than ever before. Many parents work
extended hours to pay their bills, leaving youth unsupervised for more extended
amounts of time. Many families can no longer afford to provide their children with
money for entertainment and other activities.
∞ Unsupervised and unengaged teens – Many teens are on their own after school
with no parent or responsible adult around and with nothing to do and/or nothing
expected of them.
∞ Teens are engaging in at-risk and destructive behaviors – Research
demonstrates, youth are more likely to be unsupervised and participate in or be
exposed to at-risk behaviors, substance abuse, and crime. 8
a.Juvenile violence peaks in the after-school hours on school days and the
evenings on nonschool day.
b.On nonschool days, the incidence of juvenile violence increases through
the afternoon and early evening hours, peaking between 7 pm and 9 pm.
c.The number of school days in a year is essentially equal to the number of
nonschool days. Despite this split, most (62%) violent crimes
committed by juveniles occur on school days.
d.Nearly one-fifth (18%) of juvenile violent crimes occur in the 4 hours
between 3 pm and 7 pm on school days.
e.A smaller proportion of juvenile violent crime (13%) occurs during the
standard juvenile curfew hours of 10 pm to 6 am (inclusive of school and
nonschool days).
f.The annual number of hours in the curfew period (i.e., 8 hours every day
in the year) is 4 times greater than the number of hours in the 3 pm to 7
pm period on school days (i.e., 4 hours in half of the days in the year).
Therefore, the rate of juvenile violence in the after-school period is
more than 5 times the juvenile curfew period (inclusive of both school
and nonschool days)
8 OJJDP Statistical Briefing Book. Online. Available:
https://www.ojjdp.gov/ojstatbb/offenders/qa03301.asp?qaDate=2016. Released on October 22, 2018.
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g.Consequently, efforts to reduce juvenile crime after school would
appear to have greater potential to decrease a community’s violent
crime rate than do juvenile curfews.
Source: OJJDP Statistical Briefing Book
∞ Teens do not have an appropriate place to socialize – “Hanging out” is a normal
and healthy part of adolescence. It’s a time when teens have a developmental
need to identify with peers and with adults. They are also seeking knowledge and
skills. If a community does not provide a healthy option for teens, they will find
their own on the streets.
∞ Lack of activities specifically for teens – Reaching and engaging teens is
challenging. It is much easier to serve younger youth. Unfortunately, activities
and programs just for teens are rare. While teens may present challenges, they
desperately want to be included as a part of our community.
∞ Teens want their voices to be heard – Teens need to explore their individuality
and say or find their voice critical in youth engaging with adults and the
community. Youth often feel “why should we care; we don’t count, no one
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listens to us; they just tell us what to do, it’s pointless, why bother.” By
engaging youth, youth show them that they are a valued part of the community
and their opinion matters.
∞ Teens want responsibility and leadership roles – Teens want to learn, connect,
and experience. They have a biological drive to identify with others and gain
knowledge and mastery. If a community doesn’t provide healthy opportunities,
youth will find themselves among peer groups, healthy or not.
∞ Intentional process –Take a proactive approach to promote protective factors in
young people.
∞ To build relationships – INFINITE Center will create an all-ages gathering place,
helping to develop multi-generational solid relationships and a greater
understanding of diversity
How will local Youth & the Community benefit from the Center?
∞Reduce juvenile crime after school, which would appear to have greater
potential to decrease a community’s violent crime rate.
∞It will give the community a safe and inclusive space to socialize.
∞Youth will receive positive guidance and development.
∞Provide a supervised, substance-free place to socialize with peers.
∞Provide healthy activities and prevention programming for youth.
∞Promote ownership and a sense of belonging that would show youth that they
are a valued part of our community.
∞Create community service opportunities for youth to give back to the
community and create lasting connections.
∞Provide youth with leadership roles and job skills training.
∞Give youth a forum to be heard by giving them a chance to voice their
opinions, ideas, and concerns.
∞Youth loitering & harmful activities will be reduced.
∞Improve youth and adult relationships (multi-generational).
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TEC will use the following fundamental principles of Positive Youth Development
(PYD)9 connecting youth to positive experiences.
∞PYD is an intentional process. It is about being proactive to promote protective
factors in young people.
∞PYD complements efforts to prevent risky behaviors and attitudes in youth and
supports efforts to address negative behaviors.
∞PYD acknowledges and further develops (or strengthens) youth assets. All
youth have the capacity for positive growth and development.
∞PYD enables youth to thrive and flourish and prepares them for a healthy,
happy, and safe adulthood.
∞PYD involves youth as active agents. Youth are valued and encouraged to
participate in the design, delivery, and evaluation of the services. Adults and
youth work in partnership.
∞PYD instills leadership qualities in youth, but youth are not required to lead.
However, youth can attend, actively participate, and contribute in PYD
activities.
∞PYD involves civic involvement and civic engagement; youth contribute to their
schools and broader communities through service.
∞PYD involves and engages every community element — schools, homes,
community members, and others. Young people, family members, and
community partners are valued through this process. PYD is an investment that
the community makes in young people. Youth and adults work together to
frame the solutions. Learn more about engaging youth as active participants
and partners.
9 Youth.gov. (2020). Positive Youth Development. Retrieved from https://youth.gov/youth-
topics/positive-youth-development
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5.0 Marketing Strategy
5.1 Youth Target Market
Trinity Educational Center’s primary target market is 12-19-year-olds because it is
a difficult transition time in their lives, and they need support and positive
engagement. As middle school students transition from elementary school to high
school, they face many challenges. Some will desire structure, while others are
ready for independence. No matter where the student is developmentally, it is
crucial to keep them on the right path with caring adults and engagement
opportunities outside school.10 Many risk factors build on each other over time
through the individual, family, school, and community environments. The older the
students become, personal freedom increases, coursework becomes more
intellectually demanding, and teachers seem less supportive. Peer groups become
more significant, and relationships become more complicated during the ages of
12-19.
Furthermore, youth are faced with adult responsibilities, new relationships, and
physical changes. Some youth are not ready for those changes and feel helpless.
Some are ready and want greater responsibilities; however, society refuses to
listen to the younger generation.
Changes such as family problems, including divorce and marital instability, a
significant loss of a loved one or friend, the pressure to succeed, poor self-esteem,
social isolation due to appearance or sexual orientation and new responsibilities
may lead to suicide among youth. While experiencing these changes youth may
feel a wide range of emotions and not know how to deal with them. This critical
period in which youth need caring adults who can offer guidance and help young
people thrive is limited to age and the time of day (school hours).
Hence the names/stages of adolescences; Pathfinders (Middle schoolers),
Empowered (High schoolers), and Fearless (18-24). TEC wants to provide a safe
environment for youth that’s structured and helps youth explore their autonomy
and exercise choices.
TEC will engage students through programming after school and community
weekend events to provide youth with this kind of support. We know that the
program's success depends on specific outcomes, and we have organized our
10 After School Alliance. (2020, February). “21st Century Community Learning Centers.” Retrieved from
http://afterschoolalliance.org/documents/21stCCLC-Research-02202020.pdf
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principles and processes into a coherent structure. Individuals develop bonds to a
group when there are opportunities for involvement, they possess the skills needed
for involvement and receive positive feedback. Through this bond, youth will adopt
the program’s norms which will result in positive behavior11. Through the safe
environment that we will create, youth will gain valuable skills, friendships, caring
adult relationships, and develop a sense of purpose during this challenging
transition in their lives.
5.2 Target Population
The target population is middle and high school students in the South Burlington
School District (SBSD). The SBSD FY21 enrollment number is 2,498, including 504
middle schoolers and 895 high schoolers (See Appendix C).
Tuttles(139) and SBHS (221) have a combined 360 students of color. Those 2 SBSD
schools include over 25.6% (360) students of color compared to Caucasian students
74.4% (1040).
Student Body Total Percentage
Students of Color (AA, Asian, Hispanic, Native American,
Other, Pacific Islander) 360 25.6%
Caucasion Students 1040 74.4%
Total 1400 100%
As the diversity of the SBSD student body continues to change, we must have safe
spaces for ALL students, including students of color. Since the youth are our
future, TEC will include programs that focus on students working together.
11 Duerden, M. and A. Gillard. 2011. “An Approach to Theory-Based Youth Programming.” New
Directions For Youth Development.
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6.0 Management
The TEC Youth & Educational Center will be lead by the founder, and executive
director, Dr. Travia Childs. TEC began as a dream of Dr. Childs as she noticed unsafe
environments and the need for a safe haven in our community.
TEC’s management team will consist of the Board of Directors and the program's
executive director. A team of professional individuals will be assembled to manage
and grow the program.
About Dr. Childs
Dr. Childs has over 20 years of experience working with at-risk (vulnerable) youth and
young adults in different environments.
Her experience includes being a cottage mom (14 girls, ages 13-18), a mentor, and a
high school teacher at an alternative school.
Additionally, Dr. Childs is a professor and teaches learners of all ages and
nationalities. She prefers the title “Professional Educator” some words used to
describe her are natural leader, growth-oriented, value-driven, need analysts,
nurturer, inspirational, passionate, and has a purpose (not occupation) more
prominent than themselves. As a Professional Educator, Dr. Childs’ encourages
collaboration, cultural competency discovering (questions, listening, relating, and
reflecting), applying (acquire knowledge, action, and accountability), integrating,
team-building, and integrity above personal gain.
Dr. Childs has planned and facilitated numerous community events connected to less
fortunate youth and young adults, such as “I AM SOMEBODY” events. Also, she
volunteered at a homeless shelter and was a per diem counselor.
As a disabled United States Navy Lieutenant, she is dedicated and structured, a
financial guru, and a program and operations expert.
Moreover, Dr. Childs has been a mom for over 34 years with four children (3 adults
and one teenager), which means her skills are diverse and relevant.
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6.1 Personnel Plan
The following table summarizes our personnel expenditures for the first three years.
TEC will have the following staff.
•Executive Director
•Assistant Director
•Program Manager (Shelter)
•Program Manager (Nutrition)
Personnel will be trained using the ACT for Youth Center for Community Action
program.
Position YEAR 1 YEAR 2 YEAR 3
Executive Director $50,000 $51,500 $53,045
Assistant Director $40,000 $41,200
Program Manager Emergency Homeless Shelter $40,000
Program Manager Nutrition $40,000
Total Payroll $50,000 $91,500 $174,245
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7.0 Financial Plan
The overall financial plan is for TEC to become self-sustaining.
7.1 Assumptions & Projections
•The South Burlington School District will continue growing while changing
the dynamics of the student body.
•Our community will always need a space for the youth to socialize and
recreate.
•Community organizations will continue to require office spaces.
•The need for items for our youth and young adults will continue to rise.
The financial plan depends on critical assumptions. The key underlying assumptions
are:
•We assume a slow-growth economy without a major recession.
•We assume that there are no unforeseen changes in federal grant funding
availability.
•We assume a continued need for services by at-risk youths.
•We assume broad SB community support
7.2 Implementation Phases
To ensure sustainability, the project will be implemented over 4 phases. Phasing will
allow for the youth center staff to grow slowly over time, allowing for ample
leadership oversight. The implementation phases will also allow the center to operate
sooner. Additionally, TEC staff will be able to mitigate issues before opening the full-
scale operation.
Phase 1 – Open a temporary space
Phase 2 – Purchase of property or long-term lease
Phase 3 – Emergency Homeless shelter for youth and young adults
Phase 4 – Hot and nutritional meals for our youth and young adults
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8.0 Startup Budget
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Appendix
Appendix A. NSDUH 2018-2019 Vermont Data Summary by Age Group
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Appendix B. Drug Use and Health
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Appendix C. South Burlington School District Demographics
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June 26, 2021
Dear Jessie,
Trinity Educational Center, Inc. (TEC) is a 501(c)(3) tax-exempt organization, and a Vermont
registered Domestic Non-profit Corporation.
TEC’s mission is to provide youth and young adults in the community with a safe, inclusive,
educational, and empowering space. At TEC, young people will be encouraged to develop their
strengths and talents to better themselves and our larger community.
TEC strives to empower youth to find their strength, giving them the ability to say no to drug and
alcohol use versus just telling them that the right thing to do is to say no. TEC believes there is an
extreme and powerful difference between the two. Nearly everyone understands that drugs have
negative consequences. Still, not all youth recognize that they have a choice, especially in
Chittenden County communities where drug (opioids, marijuana) and alcohol use continue to
increase, contributing to lifetime use of drugs and alcohol.
I have answered your questions below.
1.TEC asks the SB City Council for;
•Seed money,
•Insurance,
•Facilitate a workshop based on hobbies or specialty, and
•Volunteer support so the youth can get to know SB leadership
2.Sustainability
TEC was founded on June 13, 1997, and we remained operable based on grants and donations.
Moreover, most of the time, we had excessive contributions and donated to other non-profits.
TEC qualifies for more grants because
•the organization focuses on youth and choosing to live a healthy lifestyle,
•I am a minority, and
•I am a woman and disabled veteran.
3.Relationship
I was informed of the new youth loft/area and look forward to building relationships with entities
connected to the middle and high school students.
Please let me know if you have additional questions.
Warmest Regards,
Dr. Travia Childs, DBA, MBA, USNR Supply LT
Trinity Educational Center, Inc.
1702 Shelburne Road
South Burlington, VT ∞ 05403
www.trinityedcenter.org
802.777.8080 (Office)
802.419.8248 (Fax)
tec@trinityedcenter.org