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HomeMy WebLinkAboutAgenda - City Council - 02/05/2024CITY COUNCIL MEETING AGENDA FEBRUARY 5, 2024 Participation Options In Person: 180 Market Street, Main Floor, Auditorium Assistive Listening Service Devices available upon request Electronically: https://meet.goto.com/SouthBurlingtonVT/citycouncilmeeting02-05-2024 You can also dial in using your phone. (571) 317-3122 Access Code: 140-245-837 Regular Session 6:30 p.m. 1.Pledge of Allegiance (6:30 p.m.) 2.Instructions on exiting building in case of emergency and review of technology options – Jessie Baker, City Manager (6:31–6:32 p.m.) 3.Agenda Review: Additions, deletions or changes in order of agenda items (6:33–6:34 p.m.) 4.Comments and questions from the public not related to the agenda (6:35–6:45 p.m.) 5.Councilors’ Announcements and Reports on Committee assignments and City Manager’s Report (6:45–6:55 p.m.) 6.Consent Agenda: (6:55–7:00 p.m.) A.*** Consider and Sign Disbursements B.*** Approve minutes from November 20, 2023, December 18, 2023, January 16, 2024 and January 22, 2024 CC Meeting. C.*** Approve Resolution #2024-06 on the allocation of Fund Balance to support the FY25 Budget D.*** Receive and accept the Certification of Increment and Presentation of the FY 2023 TIF Annual Report E.*** Approve a Letter of Commitment to UVM to support the Vermont Gallium Nitride Semiconductor Tech Hub (V-GaN) F.*** Approve the award of a contract to Anything Grows for the Ash Tree Interplanting project G.*** In accordance with 24A V.S.A. § 13-1702, approve a comprehensive update to the Employee Handbook H.*** Accept the following easements for the construction and future maintenance of the Dorset Street Shared Use Path between Old Cross Road and Sadie Lane and associated drainage and utility infrastructure: 1.Three temporary and three permanent easements on parcel 0570-01530 granted to the City by Warranty Deed signed November 15, 2023 180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4107 | WWW.SOUTHBURLINGTONVT.GOV 2. One permanent easement on parcel 0570-01700 granted to the City by Warranty Deed signed December 28, 2023 3. Two temporary and two permanent easements on parcel 0570-01620 granted to the City by Warranty Deed signed January 15, 2024 7. *** Warned for 7:00 PM: Second Reading and Public Hearing on South Burlington City Code Enacting Ordinance and new City Code of Ordinances – Colin McNeil, City Attorney (7:00–7:20 p.m.) 8. *** Possible adoption of South Burlington City Code Enacting Ordinance and new City Code of Ordinances – Colin McNeil, City Attorney (7:20–7:30 p.m.) 9. Introduce Evelyn Monje and hear about her experience working as a social work intern for the Library – Jennifer Murray, Library Director (7:30–7:40 p.m.) 10. *** Receive the annual update from Green Mountain Transit (GMT) and hear about the return to fares plan – Clayton Clark, GMT General Manager (7:40–8:00 p.m.) 11. *** Convene as the South Burlington Liquor Control Commission to consider: 104 Jolley Shelburne Road South, Second Class License, Tobacco License & Tobacco Substitute Endorsement; 105 Jolley Williston Road, Second Class License, Tobacco License & Tobacco Substitute Endorsement; 107 Jolley Shelburne Road North, Second Class License & Tobacco Substitute Endorsement; 146 Shelburne Road Center Jolley, Second Class License, Tobacco License & Tobacco Substitute Endorsement; Green Mountain Suites Hotel, First Class License & Outside Consumption Permit; Healthy Living Market, Second Class License; Jiffy Mart #445, Second Class License & Tobacco License; Koto Restaurant, First Class License, Third Class License & Outdoor Consumption Permit; Red Barn Market, Second class License; Zen Gardens, First Class License & Third Class License (8:00–8:05 p.m.) 12. Other Business (8:05–8:15 p.m.) 13. Consider entering into executive session for the purposes of discussing the following: a. The negotiation or securing of real estate purchase or lease options, and specifically the Long property (1 V.S.A. § 313(a)(2)). b. The negotiation or securing of real estate purchase or lease options, and specifically the right of way for TIF projects (1 V.S.A. § 313(a)(2)). c. Labor relations agreements with employees and specifically the collective bargaining agreement with the South Burlington Career Fire Fighters Association Local 3671 (1 V.S.A. §313(a)(1)(B)). d. The review of a public official and specifically the City Manager (1 V.S.A. §313(a)(3)). 14. Adjourn Respectfully submitted: Jessie Baker, City Manager ***Attachments included Champlain Water District Check/Voucher Register - Check Report by Fund From 2/6/2024 Through 2/6/2024 Check Date Check Number Vendor Name Invoice Description Check Amount Invoice Number 2/6/2024 4707 E.J. Prescott Rope 63.00 6279895 2/6/2024 4708 F.W. Webb Company Couplings 533.50 84106305 2/6/2024 4709 Office Essentials of Vermont Supplies 34.88 39903 2/6/2024 4710 Ti-Sales, Inc.Air Guard Replacement Meters 10,866.51 INV0166088 2/6/2024 Ti-Sales, Inc.Residential Meters 36,307.20 INV0166315 Total 70 - South Burlington Water Department 47,805.09 Report Total 47,805.09 70 - South Burlington Water Department SOUTH BURLINGTON CITY COUNCIL Date: 1/29/2024 9:31:21 AM Page: 1 PAGE 1 SOUTH BURLINGTON CITY COUNCIL MEETING NOVEMBER 20, 2023 The South Burlington City Council held a regular meeting on Monday, 20 November 2023, at 6:30 p.m., in the Auditorium, 180 Market Street, and by Go to Meeting remote participation. MEMBERS PRESENT: H. Riehle, Chair; M. Emery, T. Barritt, A. Chalnick, L. Kupferman ALSO PRESENT: J. Baker, City Manager; Chief S. Locke, Deputy City Manager; C. McNeil, City Attorney; P. Conner, Director of Planning & Zoning; T. DiPietro, Director of Public Works; R. Fisher, Water Quality Superintendent; M. Machar, Finance Officer; B. Sirvis, B. Connolly, M. Hauser, L. Bailey, D. Bugbee, D. Seff, G. Silverstein, E. Fitzgerald Instructions on exiting building in case of emergency and review of technology option: Ms. Baker provided instructions on emergency exit from the building and reviewed technology options. Additions, deletions or changes in the order of Agenda items: No changes were made to the agenda. Comments and questions from the public not related to the agenda: Mr. Mittag asked about the 2 conservation easements. He felt this should be urgent now. Ms. Baker said it is one of a lot of priorities. The Wheeler survey has been pinned, and there is a 30-day waiting period. The Hubbard property will be discussed with the City Council. Announcements and City Manager’s Report: There were no City Council announcements. Ms. Baker: There has been a lot of progress in City Center. Snyder-Braverman has begun to lease commercial space. They are getting questions regarding paid parking, and staff will be looking into that, so the city doesn’t lose the opportunity for commercial space. NOVEMBER 20, 2023 | PAGE 2 The first meeting of the transportation group will be in January. The city is in need of drivers with a Commercial Driver’s License (CDL). They are down to 5, and they will be needed for snow removal. The Public Art Committee is working toward a public art project in the Chamberlain neighborhood. The library will be closed on Thursday and Friday for the Thanksgiving holiday. It will open on Saturday. Consent Agenda: a. Approve and Sign Disbursements b. Approve minutes from the 2 October 2023, 16 October 2023, and 30 October CC Meetings c. Receive the September and October Financials d. Receive the FY24 Quarter 1 Financials Mr. Barritt moved to approve the Consent Agenda as presented. Mr. Chalnick seconded. Motion passed unanimously. Interview and consider appointments to both Town Meeting TV Board of Trustees and the Energy Committee: The Council interviewed Corey Burdick for appointment to the Town Meeting TV Board of Trustees. Following the interview, Ms. Riehle moved to appoint Corey to the Town Meeting TV Board of Trustees. Mr. Barritt seconded. Motion passed unanimously. The Council then interviewed Brittney Baldwin and Marley Hauser for appointment to the Energy Committee. Public Hearing: Land Development Regulations Amendments #LDR-23-03 Multiple Principal Structures on a lot, #LDR-23-04 Updates to the City Center Form Based Code on Buildings on Outside of Road Corners and Interstate Façade Standards, and #LDR-23-05 Minor and Technical Amendments: Mr. Conner briefly reviewed the amendments. Mr. Barritt moved to open the public hearing. Mr. Kupferman seconded. Motion passed unanimously. Ms. Sirvis said she fully supports more setback from the road. That’s what bothers her about Market Street. It is very dark, and there is no place for people to stand and talk or for kids to play a bit. NOVEMBER 20, 2023 | PAGE 3 As there was no further public comment, Mr. Barritt moved to close the public hearing. Mr. Chalnick seconded. Motion passed unanimously. Consider approving Land Development Regulations Amendments #LDR-23-03 Multiple Principal Structures on a lot, #LDR-23-04 Updates to the City Center Form Based Code on Buildings on Outside of Road Corners and Interstate Façade Standards, and #LDR-23-05 Minor and Technical Amendments: Mr. Barritt moved to approve the Land Development Regulations Amendments as presented. Mr. Kupferman seconded. Motion passed unanimously. Town Meeting TV Annual Report and funding request: Ms. Mitchell said that Town Meeting TV supported 1300 programs in the past year. They did 51 programs for South Burlington including City Council and DRB meetings and special events. The city is paying for 60 meetings, and Ms. Mitchell said to let them know if there are other meetings or events the city wants covered. The funding request is for $23,152 which represents a 5% increase over last year. They are also asking for a letter of support for the Vermont Access Network. Ms. O’Rourke noted that cable revenue is declining. For 35 years, this was paid for by all able subscribers. They now have services beyond cable which results in increased costs not covered by cable. Two funds will be going before the Legislature. There is a request for legislation to create a definite funding method. There is a potential to rewrite the communication law in Vermont. Mr. Barritt said the Communications Union Group should be included in this discussion. Ms. O’Rourke praised South Burlington’s Travis who is leading Town Meeting TV’s education program, teaching media skills and civic engagement. Ms. Riehle said she felt the 5% increase was warranted. She noted the Council had talked in the past about televising Planning Commission meetings and suggested doing some of them since the city is not using all of its allotted meetings. Ms. O’Rourke said this could be billed on a per meeting basis ($500-700 per meeting). Discussion and possible action on the acceptance of road and stormwater infrastructure on Sadie Lane: Mr. DiPietro explained that the Sadie Lane development is off Dorset Street. It is eligible for city acceptance, but staff is not recommending that at this time because of a stormwater issue. The stormwater system is not built to the 2017 standards regarding phosphorus removal. Mr. DiPietro noted that when the city takes over a property, they become a co-applicant and take care of what is on public property. The permit runs with NOVEMBER 20, 2023 | PAGE 4 the land. If the homeowner’s association does not do what is required, the State could get involved and require compliance. Mr. Thompson of the Homeowners Association Board said the stormwater pond is on the land of Lot #1, and the Association has an agreement with that owner. Mr. Barritt asked if the pond could be subdivided out of that property. Mr. Thompson said the Association is responsible for maintaining the pond. The owner, who is not a member of the Association, wants to keep the pond. Mr. DiPietro said that owner would have to be brought into an agreement. Mr. Thompson said the Association has an easement now which the city could have from them. Mr. McNeil noted that the Association has given the city an irrevocable offer of Sadie Lane and the stormwater system. The city proposed to take over Sadie Lane but not the stormwater system which is not up to standard. The Homeowner’s Association does not want to split it that way, so the city is not accepting Sadie Lane at this time. Mr. Di Pietro added that the needed upgrades are more expensive now than previously. He also noted that there are other ponds in the city where this same issue will arise. Mr. Barritt asked if grants are available to upgrade this pond. Mr. DiPietro said there are. He also noted the city is currently plowing Sadie Lane without authority to be on the road. If there is no possibility of the city taking over that road, there will have to be thought of whether to continue to plow. Mr. Barritt asked if it is correct that the city has not accepted the deed. Mr. McNeill said that is correct. There are 4 irrevocable offers. The language says that there is no obligation for the city to claim ownership until it makes the decision to do so. The issue now is whether to take ownership now or not at all. Mr. Thompson said it is the Association’s position that they should not have to upgrade the pond/system. There is no financial benefit to them to do so. He added that at an Association meeting, the unanimous feeling was that there was no benefit to them to upgrade the pond. The owner of the pond is not interested in spending any money on the pond. Mr. DiPietro said that at some time the State will require those updates. Ms. Riehle said she thinks there should be some negotiated shared payment if this is to go forward. State requirements still need to be met. If requirements change, you still have to meet them. Mr. Barritt asked if the pond met the standard at the time. Mr. DiPietro said they got a state permit. Mr. Thompson said they believe there is nothing now that says they have to upgrade the pond now. Mr. DiPietro said the issue arises because of taking over the road. Ms. Emery said she hoped there could be room for an agreement. Mr. Barritt asked about a plowing agreement. Mr. DiPietro said they are willing to put together an agreement if they are willing to talk. NOVEMBER 20, 2023 | PAGE 5 Consider a request to put a question on the Town Meeting Day 2024 ballot to expand the number of School Board members and provide direction to staff: Ms. Emery noted this issue was raised by a citizen, not by the School Board, based on the report of the City Charter Committee. Ms. Baker noted the School Board did support this. They did not weigh in on whether to separate this from the question of expanding the City Council. Ms. Emery said the City Council did not feel ready to make any changes. Ms. Baker said that from the staff’s perspective, the decision was made to pause. Community members asked to move this forward, but the School Board hasn’t had the opportunity to weigh in. The question is whether the City Council is willing to decouple this. There is also a time issue to get this on the March ballot. It would have to be warned by the second meeting in January. Ms. Fitzgerald encouraged the Council to decouple this. There are a lot of consensuses to expand the School Board, and she encouraged developing ballot language. Mr. McNeil said State Statute limits the School Board to 5. They would need to override State law (Burlington has 12 members) and would need to know member terms, etc. Ms. Emery said 2- and 3-year terms are what is common in the city. Mr. Barritt suggested adding one more member with a 2-year term and one more with a 3-year term. Mr. Barritt then moved to decouple the School Board expansion from a potential City Council expansion. Mr. Chalnick seconded. Motion passed unanimously. Discuss the use of remaining American Recovery Plan Act and possible action: Ms. Baker said there is $2,100,000 remaining to be allocated. The money must be allocated by December 2024 and spend by December 2026. When she met with Congressman Ballint’s State Director, he didn’t feel the money would be taken back. Funds can be used for any municipal purpose. Ms. Baker also noted there are ARPA implications in the proposed FY25 budget, so she suggested not adding anything new. Ms. Riehle questioned the $400,000 the Council had talked about for childcare. Ms. Baker said this is something the Economic Development Committee is working on. They could issue an RFP to the community to see how providers could expand services. Mr. Barritt said more space could be added, if available. There are also training costs for staff. Ms. Emery said the Council did not add childcare in their most recent list. Ms. Riehle said it doesn’t make the cut for her. It is enormously important, but she saw it more as a regional/statewide concern. Ms. Emery noted the State will be providing pre-K money. Mr. Barritt said the Council has been talking about childcare for a long time, and he felt they should look into it before dropping it. He also didn’t know how the State will distribute funds and if South Burlington would get passed over. He suggested getting back to the Economic Development Committee to see their thoughts. NOVEMBER 20, 2023 | PAGE 6 Ms. Emery suggested the Hinesburg Road/Market Street light could come from there as could DPW lawn mowers. Ms. Baker said the Hinesburg/Market light is budgeted at $650,000 with $100,000 from the CIP and use of some impact fees. Mr. Barritt said he would like to take out the proposed money for a village green. Ms. Emery said the people she talks to want it. Ms. Sirvis said there is a deep need of play space for kids, so some space needs to be protected. Mr. Barritt said he didn’t feel anyone expected the City Center to be a large open space. Other Business: Mr. Barritt said people think Williston Road is now better. Ms. Baker said the City’s home page has an article on the lane shift. Mr. Chalnick said the 5th National Climate Assessment has come out. There is now irrefutable evidence that people are causing climate change and progress is insufficient nation-wide. He was proud of what South Burlington is doing. Ms. Emery noted that Montreal has added neighborhood geothermal. Mr. Chalnick said most of those are owned by the municipality, but municipalities don’t yet have the authority to do that in Vermont though there is a bill being introduced that may make that possible. Mr. Barritt noted it is expensive. Consider entering executive session for the purpose of discussing the negotiation or securing of real estate purchase or lease options, and specifically 1) the Scott property, and 2) the Long property: Mr. Barritt moved that the Council enter into executive session for the purpose of discussing the negotiation or securing of real estate purchase or lease options relating to the Scott and Long properties, and inviting into the session Ms. Baker, Chief Locke, Mr. Conner and Mr. McNeill. Mr. Chalnick seconded. Motion passed unanimously. The Council entered executive session at 9:05 p.m. Following the Executive Session, as there was no further business to come before the Council, Mr. Barritt moved to adjourn. Mr. Chalnick seconded. Motion passed unanimously. The meeting was adjourned at 10:27 p.m. _________________________________ Clerk PAGE 1 SOUTH BURLINGTON CITY COUNCIL MEETING 18 DECEMBER 2023 The South Burlington City Council held a regular meeting on Monday, 18 December 2023, at 6:30 p.m., in the Auditorium, 180 Market Street, and by Go To Meeting remote participation. Members present: H. Riehle, Chair; M. Emery, T. Barritt, A. Chalnick, L. Kupferman Also present: J. Baker, City Manager; Chief S. Locke, Deputy City Manager; C. McNeill, City Attorney; T. Francis, Fire Marshal; M. Machar, Finance Officer; C. Baker, CCRPC; B. Sirvis, R. Doyle, L. Bailey, D. Campbell, K. Ryder, K. Bailey, D. Philibert, C. Trombly, E. Krasnow, B. Milizia, C. Shaw, B. Britt, C. McQuillen, T. Warren, H. Gagne, M. Cota, S. Dopp, S. Dooley, D. Albrecht, M. Simoneau Instructions on exiting building in case of emergency and review of technology option: Ms. Baker provided instructions on emergency exit from the building and reviewed technology options. Additions, deletions or changes in the order of Agenda items: No changes were made to the Agenda. Comments and questions from the public not related to the agenda: No issues were raised. Announcements and City Manager’s Report: Council members reported on meetings and events they had attended. Ms. Baker: Thanked the Council for the budget retreat. Municipalities are again going through flooding events; some roads in South Burlington are closed. Attended an all-day meeting in Waterbury with Chief Burke regarding statewide issues regarding people feeling safe in their communities. The city did not get the first of 4 grants applied for for the bike/ped bridge. CITY COUNCIL MEETING DECEMBER 18, 2023 | PAGE 2 There will be a meeting tomorrow with a state delegation regarding projects to benefit Chittenden County. There will be an upgrade to the laser fiche next week which will result in the system being down all day. The light in front of the schools on Dorset Street will be put in next week. City Hall will be closed on 25 December. 70 seniors attended the Senior Holiday event. The Center will be closed all of next week. Reservations are now available for the Valentine Dance. The Illuminate Vermont event will be held on 5 and 6 April 2024, the weekend before the eclipse. This should result in a lot of people being in the area. Consent Agenda: 1.a.a. Approve and Sign Disbursement 1.a.b. Approve minutes from 6 November 2023 and 4 December 2023 City Council meetings 1.a.c. Receive the November 2023 financials 1.a.d. Authorize the submittal of applications to renew the City’s New Town Center and Neighborhood Development Area designations 1.a.e. Approve the VTrans Transportation Alternatives Program grant application for the Spear Street Shared Use Path 1.a.f. Approve a Vermont Humanities Rapid Response Grant to implemen5t Vermont Reads 2023 Receive the Chittenden County Planning Commission’s (CCRPC) Annual Report: Mr. Baker thanked city representative Chris Shaw and alternate Meaghan Emery. He then directed attention to the list of things that CCRPC engaged in with the city in the past year, including mapping, travel counts and more. Mr. Chalnick said he had worked with 2 of CCRPC’s staff on the Climate Action Plan and said the Committee could never have accomplished what it without them. Mr. Baker said that with all the work VTrans has had to do because of state-wide flooding, some of the work will have to “slide back.” Mr. Shaw said CCRPC couldn’t be more pleased with Mr. Baker. They just received a clean audit. They also now have an equity manager on board and are very excited about that. Mr. Shaw also noted that Mr. Baker is now serving on a national board and bringing back what he is learning there. Ms. Riehle noted that she had attended the CCRPC/Legislative breakfast which was very informative. She said Chittenden County is very diverse, which can be a CITY COUNCIL MEETING DECEMBER 18, 2023 | PAGE 3 challenge. Mr. Barritt asked what Mr. Baker felt to be the major challenges facing the County. Mr. Baker cited climate and housing as the big ones. There are also capacity issues for smaller communities without the staff, and regional services are try to get those smaller communities to work together. He stressed that every regional planning commission struggles with things like that which cross municipal boundaries. Update to the community of the potential purchase of 1720 and 1730 Spear Street for conservation and affordable housing: Ms. Baker noted that Northeast Agricultural Trust has offered to sell those properties to the City. A negotiation will take place in executive session. The goals are to conserve a majority of the acreage and to use some of it to build a small affordable or mixed income neighborhood. A lot of the specifics are still unknown, and the city working actively on it. Ms. Baker said the feeling is that a path can move forward in 2024. She also noted special thanks to the Bellavance family for their role in this. Ms. Dooley asked how this interacts with the Land Development Regulations. She assumed this would be a Conservation PUD which requires a minimum of 70% of the land to be conserved. Would the city buy what isn’t conserved? Ms. Dooley noted that in the minutes of the South Burlington Land Trust there is talk of dividing the property into small pieces. She questioned how this fits with the LDRs. Ms. Baker said any plan will follow the LDRs. The property is likely to be a Conservation PUD, but the details are not yet known. Staff is working to bring the highest and best project to the city. Ms. Bellevance said they have been waiting for an appraisal for more than 8 months. Mr. Simoneau said he shares Ms. Dooley’s concerns. It is rare to see a buyer spend $1,300,000 for a property without an idea of what that property will become. The site is perfectly suited for housing with access. There is an acute housing shortage. Mr. Simoneau also noted that the Longs had submitted a proposal for 49 units that was denied. He hoped the city would pursue a path that would provide the maximum number of homes allowable. Mr. Albrecht said there was a time when conservation funds were more at play. He felt it was “weird” to spend city resources on property, the bulk of which cannot be developed. He was also disappointed with the city buying property with taxpayer money that the taxpayers have no access to (e.g., Hubbard/Underwood). He added that dense development is the best thing to fight climate change. Consider Charter Change Language to expand the number of School Board members to seven and set Public Hearing Dates at Special Meetings on 22 January 2024at 6:45 p.m. and on 29 January 2025 at 6:30 p.m.: CITY COUNCIL MEETING DECEMBER 18, 2023 | PAGE 4 Mr. McNeill said the city has worked with the School District to amend the City Charter to increase the number of School Board members from 5 to 7. Two public hearings are required. Ballot language will be available at the first of the public hearings. Mr. Warren said the School Board feels that more representation on the Board will help the community. The Board has a lot of issues to deal with, and it was a unanimous decision to ask for the increase in their numbers. Ms. Bailey added that the School Board’s motion was made on 6 December 2023. Mr. Holman said he wished the School Board had gone to 8 members as that would make it easier to deal with the open meeting law. Mr. Barritt moved that the City Council move forward for the public’s consideration the proposed amendment to the South Burlington City Charter, sets public hearings to consider the proposed amendment for January 22, 2024 and January 29, 2024, directs the City administration to comply with the notice and other requirement of 17.V.S.A. Section 2645, and resolves that after the public hearings and any revisions to the language, the City Council may take a vote that the proposed amendment be placed on the ballot of the annual City meeting to be held on March5, 2024. Ms. Emery seconded, and motion passed unanimously. Further consider a proposed Residential Rental Ordinance, information on staffing and space planning, and provide direction to staff in anticipation of a future first reading: Chief Locke said that outstanding issues have been resolved including the $25 fee for permanently affordable units. The ordinance will allow rental units with non- residential owners to continue through 202. It also clarifies noise language. Home-shares and the renting of a room in an owner’s home are exempted. Mr. Barritt asked about the 14-days rule. Mr. McNeill said if a rental is for 14 days in a year, it is a short-term rental. If you rent out for only 7 days in a year, it is not a short-term rental. Mr. Barritt also asked about the “owner’s address.” Mr. McNeill said that owners will have to prove that the residence includes a rental unit is their primary residence. Mr. Chalnick recalled that a few people came to the Council with what he felt were valid concerns for non-owner occupied rentals and would have economic hardships without those rentals. He noted that the proposed language gives those people time to plan and make decisions. He also felt that the enforcement of the Ordinance should begin as of this meeting’s date. Mr. McNeill said he would be concerned with an effective date that was prior to public notice. Ms. Riehle agreed with having the Ordinance effective upon passage. Mr. Barritt asked about inspections and possible waivers for properties that have other inspection requirements. Ms. Baker noted that when Winooski properties were allowed a less rigid inspection system, there were incidents that resulted in harm to people. CITY COUNCIL MEETING DECEMBER 18, 2023 | PAGE 5 Mr. Doyle suggested “piggy-backing” on Burlington’s system to save money. Chief Locke said they will be looking at Burlington’s software system next week. Other than that, he would have concerns with “regionalizing.” Mr. VonTurkevich said he agreed with the desire to stop conversion of housing stock into short-term rentals. He asked about allowing the building of new short-term rentals. Mr. Chalnick said he would have a hard time allowing a “hotel” in a residential area. There are areas of the city zoned to allow hotels. A representative of Cathedral Square said they support the registry. They would like to exempt affordable housing from the regulations because of the added costs. She noted that their units are inspected at least annually. As an alternative, she suggested co-ordinating inspection times. Chief Locke noted that an inspection is good for 5 years unless there are violations. He added that they would not test alarms if there is a sticker from a reputable inspector. Ms. Baker said the Council will get a “first reading.” FY25 Budget – Additional Council discussion and warn a public hearing for 16 January at 7:00 p.m.: Ms. Baker noted that all information is on the city’s website. Ms. Machar then reviewed changes made to the proposed budget following the budget retreat. These include funding the Climate Action Plan items from ARPA funds, reducing the contribution to the Affordable Housing Trust to $75,000, reducing the curbs and sidewalk amount and increasing the bike/ped amount by an equal number. These changes result in a reduced tax rate of 5.82%. Ms. Machar noted that the Council did not decide on 3 items: the Market Street/Hinesburg Road signal, the Parks Master Plan and cost sharing for the Hinesburg Road multi-use path. Mr. Chalnick asked not to reduce the sidewalk budget by $10,000. Ms. Baker said that can be added back into the expense budget with a negligible change. Mr. Chalnick said he was OK with the traffic signal coming out of surplus funds but felt it should come from impact fees. Ms. Baker said there are $200,000 of impact fees in that project. Mr. Conner explained that impact fees can only be used to fund the incremental increase, even if the cost is a new cost. Ms. Riehle said she had a small increase to propose which has a funding source. Turning Point is a small non-profit that deals with people recovering from substance issues. They are looking for $5,000 from each community. The city has money in the Opioid Fund, and this is an important service that the city currently does not have. Ms. Machar said there is $44,906 in the Opioid Fund. Ms. Baker said she would totally support $5,000 or $10,000. She suggested that before all of CITY COUNCIL MEETING DECEMBER 18, 2023 | PAGE 6 those funds are spent, the Council should talk with Chief Burke who serves on the State Board. Ms. Riehle moved to use $10,000 of the Opioid Fund as a donation to Turning Point. Mr. Kupferman seconded. Motion passed unanimously. Ms. Baker then asked if/how the Council would fund the $125,000 for a Parks Master Plan and $200,000 for the Hinesburg Road path. Mr. Chalnick suggested ARPA funds and members agreed. They also agreed to fund the Hinesburg Road/Market Street traffic signal from a combination of impact fees and surplus funds. Mr. Kupferman asked whether the Council has discussed funding the rental registry from ARPA funds. Ms. Riehle said they have not. One thought was to use money from an enterprise fund and then pay it back. Chief Locke said those funds would not be enough to cover all the expense. It would take $1,700,000 which will require a $500,000 infusion of cash. Ms. Riehle suggested ARPA funds. Mr. Chalnick said he wouldn’t support that and suggested increasing the fees. Mr. Barritt then moved to warn a public hearing for the FY24 budget and CIP on 16 January 2024. Mr. Chalnick seconded. Motion passed unanimously. Receive the City’s Annual Sustainability Report: Mr. Conner said a lot of work is being done. It is outlined in his written report. The city will be submitting a request to CCRPC to begin analyses regarding total vehicle miles, the number of EVUs, etc. This will begin to provide quantitative data. Ms. Riehle asked whether the report will include improvement at the schools. Mr. Conner said there could be a joint report if the Council wants that. He noted that electric buses provide a huge savings on miles and fuel. He felt it is good for the public to see what the entire city is doing to meet the goals. Mr. Chalnick said he would like to move faster and cited “low hanging” LDR things that could regulate fossil fuel usage. Ms. Baker said they would need staff to do that work. Mr. Conner noted there is an item regarding EV charging coming to the Planning Commission. There will also be a new set of statewide rules coming out which Planning staff is looking at. CITY COUNCIL MEETING DECEMBER 18, 2023 | PAGE 7 Convene as South Burlington Liquor Control Commission to consider First Class and Third Class Restaurant/Bar and Outside Consumption Permit(s) for The Old Post, LLC, Windjammer and the Pour House: Ms. Emery moved that the Council convene as Liquor Control Commission. Mr. Barritt seconded. Motion passed unanimously. Ms. Emery moved to approve the 3 Liquor licenses as presented. Mr. Barritt seconded. Motion passed unanimously. Ms. Emery moved to reconvene as City Council. Ms. Riehle seconded. Motion passed unanimously. Other Business: No other business was presented. As there was no further business to come before the Council Ms. Emery moved to adjourn. Mr. Barritt seconded. Motion passed unanimously. The meeting was adjourned at 9:04 p.m. _________________________________ Clerk PAGE 1 CITY COUNCIL 16 JANUARY 2024 The South Burlington City Council held a regular meeting on Monday, January 16, 2024, at 6:30 p.m., in the Auditorium, 180 Market Street, and by Go to Meeting remote participation. MEMBERS PRESENT: H. Riehle, Chair; M. Emery, T. Barritt, A. Chalnick, L. Kupferman ALSO PRESENT: J. Baker, City Manager; Chief S. Locke, Deputy City Manager; C. McNeill, City Attorney; I. Blanchard, Community Development Director; P. Conner, Director of Planning & Zoning; M. Machar, Finance Officer; T. DiPietro, Public Works Director; D. Brayton, Director of Human Resources; P. Tompkins, Public Art Committee; R. Doyle, M. Cohen, Mady M., B. Britt, M. Mittag, L. Bailey, C. Larkin, J. Kilacky, D. Cappell, E. Schait, A. Truax 1. Instructions on exiting building in case of emergency and review of technology options: Ms. Baker provided instructions on emergency exit from the building and reviewed technology options. 2. Additions, deletions or changes in the order of Agenda items: Item #22 (Executive Session) was deleted from the Agenda. Ms. Emery moved to approve the amended Agenda. Mr. Kupferman seconded. Motion passed unanimously. 3. Comments and questions from the public not related to the agenda: There were no comments or questions raised by the public. CITY COUNCIL JANUARY 16, 2024 |PAGE 2 4. Announcements, councilors reports from committee assignments and City Manager’s Report: Councilors reported on meetings and events they had attended in past weeks. Ms. Baker: Petitions to be on the March ballot are due on 29 January by 5 p.m. Staffing has been hired for the second ambulance including 2 licensed paramedics. New applications for open jobs are on-line. The city is looking for CDL licensed drivers and Police Officers. New recreation programs and new programs at the Library can be viewed on-line. 5. Consent Agenda: a. Approve and Sign Disbursements b. Approve Minutes from the 5 December 2023 and 2 February 2024 City Council Meetings c. Approve the proposed set of CCRPC Unified Planning Work Program (UPWP) applications as recommended by the Planning Commission Ms. Riehle noted that the City gets a good return for its contribution to CCRPC. Ms. Emery moved to approve the Consent Agenda as presented. Mr. Barritt seconded. Motion passed unanimously. 6. Hold a Public Hearing on the Proposed FY25 Budget and CIP: Mr. Kupferman moved to open the public hearing. Mr. Chalnick seconded. Motion passed unanimously. Ms. Baker said the total FY 25 City Budget, including utilities, is $64,916,064.64. The Budget funds all current levels of service and includes the reinstatement of the Police Department Youth Services Officer and implementation of the second ambulance. The Budget is based on a 2% growth in the Grand List and a 4.4% growth in the TIF Grand List as well as a 7% increase in the return from Local Option Taxes. CITY COUNCIL JANUARY 16, 2024 |PAGE 3 The Budget results in a 5.82% tax increase. The average condo owner would see an $85.00 annual tax increase, and the average single family home owner would see a $125.00 annual tax increase. One-time funding items include $742,000 from ARPA funds to fund the Climate Action Plan, Parks Master Plan, and the Hinesburg Road Rec Path project. $160,000 will come from reserves for a portion of the new traffic light at Hinesburg Road/Market Street and for sidewalk maintenance. The Council will need to approve the remaining budget schedule as follows: 22 January – Joint meeting with School Board 31 January – Presentation of the Budget to SBBA 1 February - Budget books available 4 March - Town Meeting Budget Presentation 5 March - Town Meeting Day Vote Public comment was then solicited and receive as follows: Ms. Bailey: With inflation, people’s budgets are being pinched, and the city should look at what it needs and what it wants. She asked if the Council considered the cost of the Climate Action Plan going forward. Ms. Riehle said they did, and they are working to see that the entire cost is not picked up in the General Budget. Ms. Riehle stressed that the City does not hide where money comes from. She added that the Climate Action Plan can be changed if the costs are not feasible. Ms. Larkin: Can the budget be kept flat because people are having to pay more each year. Ms. Riehle said it would be difficult to have a budget with no increases because of inflation, rising health care costs, etc. This is not just a South Burlington issue but affects all other communities as well. Ms. Riehle also noted the Council tried the “flat budget” one year, and the next year was forced to have dramatic increases because the public wanted the services that had been cut. Ms. Emery stressed that “prevention is much cheaper than cleanup.” Ms. Emery also said she would like to see a budget showing how much is allocated to each department. CITY COUNCIL JANUARY 16, 2024 |PAGE 4 Mr. Chalnick said he came to the budget process as a skeptic, but he saw that health insurance had gone up $700,000, and the budget increases the Council approved just go along with inflation. Ms. Emery reminded the public that there is income sensitivity in Vermont, and she urged members of the public to talk with the City manager about concerns. Mr. Britt: When the Bike/Ped Committee met last week, they noted that their request to add $10,000 to the striping budget had not been funded. He asked if there is another place for this to happen as it is very important for safety. Ms. Baker noted that the Council flat-funded striping at $40,000. Only $32,000 of that was used last year. Mr. DiPietro said the main concern is finding available contractors to do the striping. Ms. Riehle noted that the Airport has a “line striper.” Mr. Di Pietro said he would follow up on that. After a brief discussion, members agreed to increase line striping by $10,000 with the money from the fund balance, assuming a striper can be found. Mr. Cohen: Thanked the Council for working tirelessly on this. Ms. Emery moved to close the public hearing. Mr. Chalnick seconded. Motion passed unanimously. 7. Consider the Proposed FY25 General Fund, CIP and Enterprise Fund budgets and approve all to be sent to the Steering Committee and the voters on Town Meeting Day 2024: Ms. Emery moved to approve sending the proposed General Fund, CIP, and Enterprise Fund budgets to the Steering Committee and to the voters on Town Meeting Day 2024. Mr. Chalnick seconded. Motion passed unanimously. 8. Approve the 2024 Town Meeting Day Warning and set the Public Hearing for 4 March 2024 at 6:30 p.m.: Ms. Emery moved to approve the 2024 Town Meeting Day Warning and to set the public hearing for 4 March 2024 at 6:30 p.m. Mr. Chalnick seconded. Motion passed unanimously. 9. Approve Resolution #2024-04-05 on the allocation of American Recovery Plan Act funds to support the FY25 Budget: CITY COUNCIL JANUARY 16, 2024 |PAGE 5 Ms. Machar reviewed what is being funded from ARPA funds. She noted that there is still a balance in those funds of $1,378,000 as yet unallocated. Mr. Chalnick commented that these are relatively small dollars doing sensible things which could save money down the line. Ms. Riehle added that the Council tried to use ARPA funds for one-time expenses that could have a return instead of putting them into the General Budget. Ms. Machar noted that the CIP now identifies items that are climate related. 10. Approve Resolution #2024-06 on the allocation of Fund Balance to support the FY25 Budget: This item was tabled to allow for the change to use $10,000 of the Fund Balance for road striping. 11. Approve Resolution #2024-07 setting the water, wastewater and stormwater rates and allocation fees for FY25: The total increase for all 3 utilities amounts to $64.29 for the year. Ms. Riehle noted that South Burlington is still one of the least expensive communities for utility rates. Ms. Machar noted that the allocation fee is new. Mr. DiPietro explained that the fee is for the cost of building in the future. He added that South Burlington’s water and sewer fees are too low. Mr. Barritt asked what happened to the discussion regarding types of connections (e.g., single family home, multi-family, etc.). Mr. DiPietro said he is open to that discussion at any time. Ms. Emery moved to approve Resolution #2024-07 setting water, wastewater and stormwater rates and allocation fees for FY25. Mr. Chalnick seconded. Motion passed unanimously. 12. Hold a Public Hearing on the discontinuation of Picard Circle: Ms. Emery moved to open the public hearing. Mr. Barritt seconded. Motion passed unanimously. CITY COUNCIL JANUARY 16, 2024 |PAGE 6 City Councilors visited the site today, as required. No members of the public nor abutters showed up. Mr. DiPietro reviewed the history and noted that when the homes on Picard Circle came down, the city put in a large stormwater mitigation project on the site. The proposed action is to clean up legal technicalities. Public comment was then solicited. There was no public comment. Ms. Emery moved to close the public hearing. Mr. Chalnick seconded. Motion passed unanimously. 13. Consider and potentially take action to discontinue Picard Circle: Mr. Chalnick moved to discontinue Picard Circle as a public road but to retain ownership of the property Ms. Emery seconded. Motion passed unanimously. Mr. Kupferman noted there are some mature trees on the property. He wasn’t sure at this point what the Airport is proposing as a public park. 14. Receive and potentially approve a recommendation from the Public Art Committee for a piece from Mohrman Lo at Jaycee Park: Ms. Tompkins noted the information and pictures provided to the Council. She then reviewed the history of the Public Art Committee and said this is the first piece outside of City Center that has been proposed. The Committee received a number of proposals and selected this piece from Mohrman Lo. It is 7 feet tall and allows for light to go through it. The Committee viewed some of the artist’s work at the waterfront and found it to be very well made. The Committee also had a period for public comment, almost all of which was very positive. The project will be funded with 3 years of CIP funds. It will be located near the road so it can be enjoyed by pedestrians, bikers and those in cars. Ms. Tompkins showed an overview of the Park and indicated this location. She also showed a video of the sculpture. Mr. Chalnick questioned whether it fit in that natural area. Ms. Tompkins said people favored that location and felt the bright colors made it distinctive to be in that space. The piece is not yet titled. CITY COUNCIL JANUARY 16, 2024 |PAGE 7 Ms. Emery expressed concern for safety with children climbing on it. Ms. Blanchard said the piece will be reviewed for safety. Ms. Riehle moved to approve the commissioning of the Mohrman Lo art piece for Jaycee Park. Mr. Chalnick seconded. Motion passed unanimously. Mr. Killacky said the process for this thrilling, and the piece will bring magnificent color to that part of the city. 15. Receive a comprehensive update to the Employee Handbook and provide direction to staff: Ms. Brayton said the Employee Handbook of Policies and Procedures has been revised and updated and requires a vote of the Council for approval. Ms. Baker noted it is not warned for approval at this meeting. Ms. Brayton noted that many of the policies and procedures were old/outdated/and not best practices. The goals of the revision were to address gaps, use best practices, be legally compliant, be consistent, and to filter policies through a lens of equity and inclusiveness. Work began last March and included consultation with employment attorneys. The document went from 29 to l70 pages. It now includes a new section on Commitment to Diversity. Revisions include: a. Tightening up employment classifications b. Compensation and pay schedules c. Remote work section (new) d. Alignment with Fair Standards Act e. Drug/alcohol free “reasonable suspicions f. Code of conduct g. Annual performance evaluation (new) h. Recruitment and talent acquisition with an applicant tracking system (new) i. Allowance for “floating” holidays j. Aligning vacations with City Hall and Public Works contracts establishing a maximum accrual of 400 hours k. Establishing a maximum accrual of 600 hours of sick leave Employees will be asked to sign off that they have received and read the Handbook. There will be training for employees as well. CITY COUNCIL JANUARY 16, 2024 |PAGE 8 Mr. Barritt asked if there is a section regarding an “active shooter.” Ms. Brayton said there is a “safety” section, but it does not deal with an “active shooter.” She felt that should be added. Mr. Chalnick asked if there was anything that required a difficult judgment call. Ms. Brayton said there was not, but there was significant discussion regarding contracts. There was also discussion on a provision that no longer allows people to trade vacation hours to pay for insurance. Ms. Baker said people need to learn to take vacations. Mr. Brayton noted staff will have to address people who currently have accrued thousands of hours of sick leave. Mr. Kupferman asked how many non-union employees the city has. Ms. Brayton said that of the 186 total employees, there are 15 Department Heads and possibly 10 other non-union employees. Ms. Baker said this item can be on the Consent Agenda for the next meeting. 16. Receive the City Pension Asset Update and Net Performance Report from the City’s Pension Fund Manager: Mr. Cappell reported that things have improved greatly since the last report. The one-year return was 13.22%, and all major classes were up with the exception of commodities. Global equities gave solid returns. While 2023 ended with “peak pessimism,” 2024 ended with “peak optimism.” Mr. Cappell showed a chart of the US equity market review and a chart of the international equity market review. He noted that China did not show the post- COVID surge that had been anticipated. Mr. Cappell then reviewed fixed income which was extremely volatile throughout the year, then took a “round trip” to where it started in 2022. He then showed a chart of the number of older workers vs. younger workers and said they believe this will create inflationary pressures. The “good news” is the U.S. economy is relatively healthy. The “bad news” is that exuberance is running high, and there could be a pause that could lead to less than anticipated growth. Oil markets could be a more difficult place due to the unrest in the Mideast. CITY COUNCIL JANUARY 16, 2024 |PAGE 9 The gain to the city’s portfolio was $4,500,000 which resulted in an ending value of $43,900,000. , with a 5.5% increase in fixed income. The city is also seeing a benefit for being a “saver.” Mr. Chalnick said he would like to see a breakout of fees at the next presentation. 17. Receive the City Pension Actuarial Update and FY23 Valuation: Mr. Schait provided a review of funding methods (i.e., current value and future/looking forward) and noted both wind up in the same place. He also reviewed the funding policy for the city’s plan. As of 1 July 2019, no new participants are going into the plan. On 1 July 2023, the city’s contribution to the plan was $183,000.00 compared to $175,000.00 the previous year. The plan is well-funded at 85.2%. Mr. Schait then reviewed assumptions that go into the plan each year. None have been changed for several years, and all are reviewed in the report. He then reviewed the returns for the past year and noted they have been above the assumed returns. Ms. Baker reminded members that with retirements, a lot of experience is “walking out the door” every year, mostly from the Fire and Police Departments. 18. Hold a First Reading of a Residential Rental Ordinance and set a public hearing for 20 February 2024: Chief Locke said the Ordinance now addresses everything from previous meetings. It is not in Ordinance format. The Ordinance sets fees that will allow the city to do the addition to the Fire Station. The city would begin collecting fees on 1 April 2024. Mr. Chalnick suggested putting the fees into a Resolution so they can be changed easily. Mr. McNeill said that can be done. Council members supported doing that. Mr. Barritt asked whether the city needs its State Representatives to get the names of those who remit Rooms & Meals taxes to the State but not the amounts paid. Chief Locke said that would be good information to have. Ms. Baker reminded members that the State has been reluctant to share information on how much individual businesses are remitting; maybe this request would be honored. CITY COUNCIL JANUARY 16, 2024 |PAGE 10 Chief Locke noted that the City of Burlington has a company that can identify those people who are renting their properties, and perhaps South Burlington could piggy-back on that. Members agreed that would be good information to have. Ms. Emery then moved to approve the First Reading of the Residential Rental Ordinance, as amended to remove fees from the Ordinance, and to set a public hearing for 2 February 2024, in accordance with the City Charter. Mr. Kupferman seconded. Mr. Doyle said South Burlington has the youngest housing stock in the area and the highest fees. He estimated the fees would result in a 22% increase in his taxes. He noted that a lot of people rent because they can’t afford to buy. He said Burlington charges less and has more benefits. He suggested partnering with other communities. He added that notarization is also cumbersome. Ms. Riehle explained that regionalization is easier said than done, and Burlington has been reluctant to do this in the past. Mr. Cohen noted they have been considering renting a basement unit as a short- term rental and asked why this is being done. Ms. Riehle explained that the concern is two-fold: people who are renting are not always in a safe place in property that is not being properly maintained, and the city is looking for a pathway to end short-term rentals where the property owner is not in residence. The latter has resulted in complaints from neighbors, and it also eliminates housing that could serve a family. Mr. Chalnick noted the Council had incredibly emotional testimony from residents about the disruption to their neighborhoods from parties. Ms. Truax said they are often away for months at a time on job locations and do short-term rentals. This ordinance could prevent them from doing that. They don’t want to sell their property. She added that they were fine with the safety provisions. In the vote that followed, the motion passed unanimously. 19. Convene as the South Burlington Liquor Commission to consider: Blass Bee, 1st Class License and Outside Consumption Permit; Bueno y Sano, 1st Class License; Guild Tavern, 1st Class License and 3rd Class License; Maplefields, 2nd Class License and Tobacco License; Maplefields at the CITY COUNCIL JANUARY 16, 2024 |PAGE 11 Airport, 2nd Class License and Tobacco License; Price Chopper, 2nd Class License; Shelburne Road Variety, 2nd Class License and Tobacco License: Ms. Emery moved to convene as South Burlington Liquor Commission. Mr. Chalnick seconded. Motion passed unanimously. Ms. Emery moved to approve the Liquor and Tobacco Licenses as presented. Mr. Chalnick seconded. Motion passed unanimously. Ms. Emery moved to reconvene as City Council. Mr. Chalnick seconded. Motion passed unanimously. 20. Other Business: No other business was discussed. As there was no further business to come before the Council Mr. Barritt moved to adjourn. Ms. Emery seconded. Motion passed unanimously. The meeting was adjourned at 10:07 p.m. _________________________________ Clerk PAGE 1 CITY COUNCIL 22 January 2024 The South Burlington City Council held a regular meeting on Monday, 22 January 2024, at 6:30 p.m., in the Auditorium, 180 Market Street, and by Go to Meeting remote participation. MEMBERS PRESENT: H. Riehle, Chair; M. Emery, T. Barritt, A. Chalnick, L. Kupferman ALSO PRESENT: J. Baker, City Manager; Chief S. Locke, Deputy City Manager; V. Nichols, Superintendent of Schools, T. Jarvis, School District, Members of the South Burlington School Board; P. Taylor 1. Instructions on exiting building in case of emergency and review of technology option: Ms. Baker provided instructions on emergency exit from the building and reviewed technology options. 2. Additions, deletions or changes in the order of Agenda items: No changes were made to the Agenda. 3. Comments and questions from the public not related to the agenda: There were comments or questions from the public. 4. Announcements, councilors reports from committee assignments and City Manager’s Report: Ms. Baker: There is information in members’ boxes on development in past years and what is coming. CITY COUNCIL JANUARY 22, 2024 | PAGE 2 5. Hold a Public Hearing on a charter change proposal to increase the number of South Burlington School District Board Members from five to seven: Ms. Emery moved to open the public hearing. Mr. Barritt seconded. Motion passed unanimously. Ms. Riehle noted this is first of 2 public hearing on this item. The second will be held on 29 January at 6:30 p.m. Ms. Riehle reviewed the process by which the charter change was proposed. Public comment was then solicited. Mr. Taylor: Reviewed the process of the City Charter Committee which he chaired. This proposal was a unanimous recommendation of that Committee. As there was no further public comment, Ms. Emery moved to close the public hearing. Mr. Kupferman seconded. Motion passed unanimously. As there was no further business to come before the Council Ms. Emery moved to adjourn. Mr. Barritt seconded. Motion passed unanimously. The meeting was adjourned at 6:50 p.m. _________________________________ Clerk R – 2024 – 06 180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4107 | WWW.SOUTHBURLINGTONVT.GOV • • • I. Municipality & District Reporting Period: Name of Person Completing Report Grand List Year: Title Email Address Telephone Date Report Completed II. OTV Total Acres OTV Total Parcels Current Acres Current Parcels Municipal (General Fund) Homestead Non Residential 1 2 3 4 5 6 Total TIF Revenue Source 1 2 3 4 5 -$ -$ -$ -$ Total: -$ -$ 7,784$ Interest Earnings -$ -$ 33,331,700$ -$ Interest Income on TIF Debt Proceeds 7,784$ -$ -$ 346,318$ 462,812$ Municipal Homestead- Education Non Residential- Education Total Education 0.4660$ -$ Total Special Municipal Tax Total Municipal (General Fund) & Special Rates 2,827$ 343,491$ Other TIF Fund Income Education Municipal Total 1.4516$ Increase (Decrease) in Taxable Values (auto-calculated) List Special Municipal Tax Rates -$ -$ -$ -$ -$ -$ 291,000$ 31,550,580$ 31,841,580$ Municipal Homestead- Education Non Residential- Education Total Education TIF Increment Revenue Retained for Reporting Year 116,494$ Parcel Information 103.85 47 $ 35,387,700 Total Education Taxable Values as of April 1 Tax Rates Applied to the April 1 Grand List 0.4660$ 1.2953$ 68,719,400$ 1,385,200$ 65,844,080$ 67,229,280$ Municipal Homestead- Education Non Residential- Education Total Education $ 35,387,700 $ 1,094,200 $ 34,293,500 Municipal Homestead- Education Non Residential- Education Tax Increment Financing District Vermont Economic Progress Council Vermont Department of Taxes VEPC Staff Contact Information: Angie Farrington, (802) 461-6421, angela.farrington@vermont.gov July 1, 2022 - June 30, 2023South Burlington: City Center TIF District 2022Ilona Blanchard Community Deveopoment Director iblanchard@SouthBurlingtonvt.gov 802-846-4123 12/28/2023 NOTE: All information reported on this form by the municipality must be for the Reporting Period and Grand List Year identified above. Base Data (Original Taxable Value) 103.37 85 District Information: TIF District Data: Reports are due on or before January 1, 2024 Please submit reports to accd.vepctifannualreport@vermont.gov Please submit GL22 TIF Proceeds Report with the District Annual Report 1/7 1 2 3 4 5 III. Public Vote Information. Check the appropriate box. Make sure to provide the date if information has been submitted to VEPC. Yes there were public votes and/or debt obligations during this reporting period. Vote and debt obligation documents were submitted to VEPC. (Enter date submitted) Vote and debt obligation documents are uploaded with this report. Term in Years Interest Rate Date Approved by Voters 1 30 3.39%11.08.2016 2 17 2.21%11.06.2018 3 16 2.03%11.06.2018 11 5.60%08.21.2023 4 5 Total No Interest Paid Yes, please provide details. Fees/Other Costs Paid Total Paid Debt Ceiling Approved by VEPC 34,281,900$ Additional Information 3,371,609$ 7,243,694$ 13,801,572$ 340,909 2,950,000$ 162,133$ 5,000,000$ 3,250,000$ Refinancing. Was any portion of TIF District debt refinanced during this reporting period?Annual Debt Service Principal Paid -$ 257,962$ -$ 257,962$ New Debt: 8/2/2017-11/1/2037 5,000,000$ 10,429,962$ Total Payment for Reporting Period Additional Information Surveying during the subdivision process and rounding within NEMRC/subdivision results in more total acreage in the TIF District being recorded - 103.85 in FY 23 versus 103.67 but no actual change in area or boundary of the TIF disctrict. Votes and Financing: Remaining Principal BalanceTotalInterest No public votes or debt obligations occurred during this reporting period. 3/14-3/29 2023 Principal Period (ie. 1/1/2016- 12/31/2026) Infrastructure and Debt Lot M5 (1.4 acres) Subdivided from 600-1888-14489 and developed as Union Place SPAN Number 600-1888-14489 600-1888-18591 Changes to Individual Parcels Describe Change Lot M5 was subdivided from this parcel and sold to a third party, reducing it to 28.04 acres. Direct Payments: Enter the total amount of any TIF direct payments made during this period.-$ Date Approved by Voters: 257,962$ 10,429,962$ Debt Instruments Existing Debt: 2020 TIF DEBT (City Hall/Senior Center/Public Library)8/6/2020-11/1/2036 5,000,000$ 1,032,165$ 6,032,165$ 87,100$ 5,000,000$ 2022 TIF DEBT (City Hall/Senior Center/Public Library 5/1/2022-11/1/2037 429,962$ 95,751$ 525,713$ 8,728$ 429,962$ 1/1/2016-12/31/2025Example: Main Street Lights - General Obligation Bond 2017 TIF DEBT (Market St/CC Park) 3,750,000$ 500,000$ 2,243,694$ 2/7 IV. Cl o s e d 1 2 3 X 4 5 6 X 7 X 8 9 10 11 12 x 13 14 15 16 1 Miscellaneous $ - $ 4,848 Efficiency Vermont Rebate $ 5,600 $ 55,000 Electric Vehicle Supply Equipment Grant $ 87,836 $ 87,836 Sources of Non-TIF Revenues Total Amount Secured for Each Source Total Amount Spent to Date Pedestrian/Bicycle Bridge over I89 - Design and build a pedestrian/bicycle bridge over I-89 in the vicinity of Williston Road so that these alternative modes are not crossing four accesses to I-89 and traveling directly adjacent to traffic. Completed public outreach to develop a concept, concept approved by City Council, value engineered project, preliminary plans completed. Voters approved debt for project. 160,156$ $640,622.04 800,778$ $ 771,031 -$ 8 Improvements and Funding: Improvement Expenditures Total Improvement Expenditure for this report periodThe amount paid with Non-TIF Revenues The amount paid with TIF Revenues Of the Total Expenditure listed: 10 Library - Provide a downtown Public Library separate from the High School as an integral part of the community by providing informational resources for educational and recreational needs of the community in an atmosphere that is welcoming and accessible to all, where communication of ideas, enlightenment of its citizens and personal enrichment can occur. 12 Name of Improvement 28,486$ City Center Park/Dumont Park - Create a City Center park with entries and permeable and hardscape trails through the Dumont Park Property and potentially Tributary 3 vicinity serving City Center. Improve stream as necessary to utilize area within the 100 ft. onservation zone, and provide bridge crossings. Add landscaping and furniture to enhance and protect natural area and make park inviting.City Center Park (Dumont & Tributary 3) - Develop passive recreational infrastructure to build value into surrounding developments by providing adjacent greenery and natural area (woods and stream) park infrastructure. 2 Design progressed on City Center Park Phase II through preliminary plans (60% design), voters approved debt for Phase II. Substantially completed and in use. 9 4 5 6 Williston Road Streetscape - Build streetscape on Williston Road from Dorset Street to Hinesburg Road, north and south side to reduce pedestrian/bicycle vehicular conflicts, reduce the number of access points, and make alternative mode facilities more comfortable and safe. In the future, this roadway will serve as a gateway to City Center. Completed revision of preliminary plans, developed right of way plans, met with property owners, designed stormwater treatment. Voters approved debt.$12,288.48 $49,153.92 61,442$ Garden Street - Design, obtain right-of-way for and construct a street between Dorset Road at the Healthy Living access drive to Midas Drive, reconstruct Midas Street as needed as a commercial street and reconstruct the White Street/Williston Road intersection so that it functions as a standard cross intersection. Market Street - Reconstruct Market Street from Dorset Street to Hinesburg Road. Street will be reconstructed with a streetscape, utility infrastructure, and street furniture. Senior Center (Added by Substantial Change October 2018) $28,486.40 $561,316.65 Federal RAIZ Grant 2,358$ -$ 764,605$ 771,031$ 1,535,635$ Check Total Amount Spent this Period Total -$ Reserve Fund (City Funded each year, established 2013) $ 9,768,834 $ 641,550 $640,622.04 $ 198,304 2,398$ Municipal Building - Construct a downtown City Hall which includes City functions related to the City Manager's Office, City Clerk, Planning and Zoning, and the Tax Assessor's Office. Substantially completed and in use. $58,344.37 58,344$ Federal Aid-Iby Street City Center Park 1,535,635$ 2,358$ $20,512.36 -$ Completed appraisals and deed work for Garden Street, met with property owners regarding right of way acquisitions/utilities, acquired key property for intersection realignment Voters approved debt for remainder of project Substantially completed and in use. Substantially completed and in use. $2,398.25 581,829$ The amount paid with Municipal Revenue Total Cost for this report period. Total General Fund (all years) Market Street Federal Grants (2010) Roadway Impact Fees (City Special Fund) $ 2,200,000 $ 12,492 $ 5,485,695 $ 1,580,786 Library Foundation (incl. Blanchette) $ - Federal Aid-Williston Road Streetscape $ 800,000 Non-TIF Revenues Reported under Improvement Expenditures Related Costs $ 20,299,379 CCRPC - Pedestrian Bicycle X-ing over I-89 Exit 14 (Federal, 2017) $ 51,276 $ 70,472 $ 49,154 Municipal Debt Proceeds $ 14,452,796 $ - $ 680,075 $ 23,924,718 $20,512.36 $ 771,031 $ - $ 12,492 $ 5,485,665 $ 1,580,786 $ 52,661 $ - $ 83,497 -$ The amount paid with Education RevenueList and describe the related cost(s) Implementation: Voter education (Methodikal & Pawprint & Mail) - $4,821.19 -$ -$ Recreation Impact Fee (City Special Fund) $ 123,364 $ 123,364 CCRPC - Williston Road Streetscape (Federal, 2016) $ 100,000 $ 67,579 Other Reserves $ - $ 411,293 $60,742.62 3/7 2 3 4 5 6 V. 57,299,180$ Total Employment Opportunities 5 Various San Remo Drive Properties - 120,000 square feet to be developed in multiple projects on non-designated San Remo Drive properties to meet existing business expansion needs or accommodate new businesses. Most would be 3,000-4,000 SF, with one or two full scale redevelopments on larger parcels such as owned by Champlain Oil, Champlain Farms or PC Construction. No development during the activity period. 20,576,500$ 9 South Burlington School District - There is sufficient land area on this site that an infill building of approximately 70,000 square feet could be located on this property. No development during the activity period. 8 Chastenay Estates - Approximately 100,000 square feet of residential development is likely to occur on this parcel. No development during the activity period. 726,300$ 7 Sonrise Partnership - Approximately 66,000 square feet of infill apartment development. No development during the activity period. 3,243,500$ 6 Poon Trust LLC - Approximately 60,000 square feet to be development as residential, with commercial on the ground floor should the market support it. No development during the activity period. 1,212,700$ -$ -$ -$ -$ -$ Implementation: Vote Notices & Ed (Stowe Reporter/Other Paper) - $1,181.25 Legal: TIF Bond Vote 2023 & 2021 follow-up (Stitzel Page & Fletcher) - $2396.25 Administration: Audits & Annual Reports (Survey charge, RHR Smith, State of Vermont) - $87,467.00 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Dorset Square Associates (Blue Mall) - A portion of the Dorset Square Associates is available for redevelopment on Dorset Street. Mary Street LLC (Russell Properties Only) - 40,000 to 50,000 square feet to be developed as a hotel or residential housing. -$ Total Check -$ Performance Indicators: Standard Real Property Development South Burlington City Center - Approximately 800,000 square feet to be developed over 20 years. Conceptualized several years ago as 50% commercial, likely to be 75% residential, 25% commercial if built now. The 800,000 square feet may include 75,000 square feet of institutional development (non- taxable). 17,654,380$ Union Place, market rate housing for UVM Medical Center employees and graduate students opened with 61 units. Snyder-Braverman also broke ground on Prospect Place similarly prioritized for UVM Medical Center (120 units, plus 7,800 square feet of commercial) and Catamount Run Phase I, three buildings with 161 units and 26,000 square feet of commercial. Additional buildings are in permitting. 1 Malone Properties (Trader Joes and Healthy Living) - Malone Properties is obtaining permits to develop 12,800 square feet of retail for a Trader Joes and 14,000 square feet for retail and office tenants to be determined. Should market demand in the area increase and parking/stormwater be resolved there may be infill development. 6,824,400$ No development during the activity period.2 3 4 1,844,600$ 5,216,800$ No development during the activity period. No development during the activity period. 4/7 111 212 313 414 515 616 717 818 919 10 20 111 212 313 414 515 616 717 818 919 10 20 Wiemann Lamphere 554$ Comfort Inn, Zachary's Pizza, Marcos $2,785.98 Stowe Reporter $1,951.25 Stitzel, Page & Fletcher $3,419.53 Signarama -521.75 Engelberth $58,312.22 Vendors related to securing property (Catamount Env., Dion Security, VGS, $5,845.43 Methodikal $4,440.00 Keller & Associates 2,500$ Pawprint & Mail $381.19 Stantec (local office) $32,581.99 Reprographics $40.75 Identify Source/Method for Obtaining Jobs Information Survey with voluntary response supplemented by collection of media reports. Vermont Firms Name of Vermont Firm Total amount of work performed Name of Vermont Firm Total amount of work performed Baurer Gravel Farnham (pass through property purchase)539,823$ VHB local office $787,003.53 New employees fulfilling the performance standard fo the TIF District were reported in 2014. All employment reported below was growth related, either from existing businesses expanding or new businesses opening. Businesses also reported having open, unfilled positions. Additional Information Mandated Jobs at June 30, 2021 NAICS Code Increase or (Decrease)Previous Location (if known) NAICS Code Increase or (Decrease)Previous Location (if known) 11 53 21 54 22 55 23 56 31-33 61 1 81 42 62 44-45 10 71 52 92 2 Total Jobs Increase (Decrease) 13 48-49 72 51 5/7 Total Amount of Work Performed 1,439,639$ Additional Information Vermont Firms includes firms with Vermont offices, even if subcontractors are out of state, and excludes firms without Vermont offices even if employees are in state, excludes chain stores, and excludes payments to State agencies. TIF District Specific Transportation Enhancements Market Street has been substantially completed (reported 2020). Transportation related site improvements in the development of 180 Market Street were reported in 2021. Additional improvements as per the TIF District Plan are in the design phase still (Garden Street, Pedestrian Bicycle Bridge, Williston Road Streetscape, City Center Park Phase II). Business Development The new business employees fulfilling this performance standard for the South Burlington TIF District were reported in 2014. In FY 2023, EMS at 59 Garden Street opened in the TIF District. The Hawaii Grill also opened at 155 Market Street. The Vermont Marshmallow Company (formerly Nomadic Kitchen) moved to 360 Dorset Street #2. Lee's Asian Mart opened in the Blue Mall. 6/7 Current TIF District Activity: Please provide details regarding FY24 activities. This can include updates regarding specific projects, potential substantial change requests, etc. We are enjoying seeing Catamount Run rise from the ground with 6 buildings currently under construction and hundreds of workers onsite every day. The City is planning a second Illuminate Vermont on Market Street and in our Public Library/City Hall/Senior Center (the first was in December 2022 with well over 2000 attendees) and this one will be in April of 2024 the weekend before the Total Elipse. Last summer, the Energy Committee held an Energy Festival on Market Street - it is truly becoming our main street! We are looking forward to breaking ground on City Center Park Phase II and the first leg of Garden Street between Healthy Living and Trader Joes, as well as the private sector opening of Prospect Place building which is expected to have a day care and a cafe on the ground floor in addition to 120 residential units for UVM Medical Center. Net Total 0 0 61 Housing Changes (optional) Affordable Housing Market Rate Housing Total New 61 61 Elminated 0 Unforeseen Events: Please describe any unforseen events (such as flooding) that have impacted the TIF District, its improvement projects, or private developments. Also detail how the municipality is working through those challenges. Inflation has severely impacted the Pedestrian and Bicycle Bridge project. In addition, soils were unfavorable and design changes were required as a result to support the bridge and approach structures. In response, the City value engineered the project. Despite many cost cutting changes to the design, the owner's budget has a gap of 40% between total costs and total available funds (which translates to $8M that is needed in order to bid out the project ontime to begin construction in 2025). The City has applied for additional grants, and will continue to do so, as well as seek alternative funding sources from the State of Vermont for this project which is critical to City Center and to the region. 7/7 180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4107 | WWW.SOUTHBURLINGTONVT.GOV • • • Mission The V-GaN Tech Hub will build on Vermont’s culture of innovation by driving opportunities in education, research, and commerce that lead the development and commercialization of GaN Devices and spur vital workforce expansion across our region.The Vermont GaN (V-GaN) Semiconductor Tech Hub New England’s Next Tech Hub is in Vermont Vermont: A Global Leader The Next Generation of GaN Competitive Advantage Our Timeline The V-GaN Semiconductor Tech Hub has been designated by the US Department of Commerce’s Economic Development Agency as a regional Tech Hub, one of 31 across the country. The Tech Hubs Program aims to strengthen U.S. economic and national security with investments in regions across the country with assets and resources with the potential to become globally competitive in the technologies and industries of the future—and for those industries, companies, and the good jobs they create, to start, grow, and remain in the United States. We anticipate that Vermont will become a global leader in advanced GaN device design, production, and application. Companies that currently exist in this market will seek a local presence to benefit from the advantages that the Tech Hub gives them. Students will come to study at regional universities to enjoy the technical challenges and opportunities that this industry provides. Startups will be founded by students and employees that discover novel ways to design, produce, and integrate GaN devices. The Vermont GaN Semiconductor Tech Hub (or V-GaN Tech Hub) will focus on ensuring that all resources are necessary to support the development, application, and commercialization of GaN semiconductors. Semiconductors built on GaN substrates have uniquely advantageous properties when compared to traditional silicon-based semiconductors, including higher electrical conductivity, higher voltage tolerance, and much higher switching speeds. These properties allow GaN devices to perform exceptionally well in inverters, power supplies, battery chargers, motor drives and high frequency devices like telecommunications amplifiers. Products in these markets built with GaN semiconductors will be lighter, more efficient, more powerful, and faster than products built using silicon devices. Vermont is uniquely positioned to create a GaN economy due to the presence of Global Foundries in Essex Junction, the proximity of many higher education institutions, and a robust start-up community. The Tech Hub’s purpose is to provide elements currently missing that are needed to grow this economy. The Tech Hub program is expected to take two to five years to establish this GaN ecosystem. The initial projects will focus on building blocks, such as a regional characterization lab, advanced computing center, and workforce development program. As these elements are in place, follow- on projects will help new and existing firms develop new applications for advanced GaN devices, build software and hardware to accelerate GaN adoption, and attract organizations with an interest in this technology to bring their talent to this region. Within five years, we expect the Tech Hub to be self-sustaining, supported by local businesses and enhancing local educational institutions. Examples of PotentialV-GaN Projects • The Advanced GaN System Design Computing Center • The Vermont Semiconductor Designing modern semiconductor chips requires incredibly complex software. Companies such as Cadence, Keysight, and Synopsis provide EDA (electronic design enablement) software that allow engineers to create circuit designs, simulate circuit response, engineer the physical architecture of the device, and model the electrical behavior of the built device. Currently, there are no software modules available to design advanced GaN circuits. The Advanced GaN System Design Center will be a dedicated computing cluster engineered to run Semiconductor EDA software in a secure, efficient environment. EDA firms will provide licenses for the software modules necessary to develop complex GaN devices. Firms in our region will be able to use this software to develop their products. Global Foundries will produce the devices, and send them to the Vermont Semiconductor Characterization Lab. At the lab, the devices will be inspected to ensure that they were fabricated to their plans and electrically tested to ensure that they performed as the model predicted. Data from the lab will be provided to Global Foundries for process improvement efforts, the EDA provider for GaN model refinement, and the end customer for their product development effort. A comprehensive Intellectual property agreement between all users will ensure that the data is used for its intended purposes only. Once Semiconductor devices have been produced in a foundry, they must be inspected and tested to ensure that they were produced properly and that their performance meets the end user’s expectations. This laboratory requires sophisticated optical inspection equipment, including microscopes and cameras, in addition to a wide range of electronic test equipment to ensure the devices function properly. We anticipate that this lab will require approximately $3 to $5 million worth of equipment and will be staffed by 2 technicians and an engineer. Having this lab in Vermont will allow regional firms to get test and development results in days, at a nominal cost, instead of having to wait weeks and spend significant development time and dollars to obtain the data. VACC: Vermont Advanced Computing Center CHAR LAB: Characterization LaboratoryGF: Global Foundries Characterization (CHAR) Laboratory • • • o o • o o • o o o • o o o o o o • o • • • MEMORANDUM To: South Burlington City Council From: David Wheeler, Water Resources Engineer CC: Tom DiPietro, Director of Public Works Craig Lambert, City Arborist Date: January 2, 2024 Re: Award of Contract for Ash Tree Interplanting Project On December 22, 2023 the City of South Burlington held a bid opening for the Ash Tree Interplanting project. This project generally includes the interplanting of 52 new trees between existing ash trees along Nowland Farm Road and Midland Avenue in South Burlington. We received proposals from 4 landscaping contractors to complete this work (Table 1). The low bid for this project was submitted by Anything Grows for an amount of $33,940.00. This cost will be covered by $14,500 in grant funding from the VT Department of Forests, Parks & Recreation, along with a $20,000 match from the City’s ARPA’s funds, as approved by Council on 1/3/2023. I have reviewed the bid package and determined that all required materials were included and all necessary documents had been signed. Table 1. Summary of Bids Received for the Ash Tree Interplanting Project Contractor Total Bid Price Anything Grows $ 33,940.00 Landshapes $ 51,910.00 Poulin Companies, LLC $ 50,600.50 Teacher’s Tree Service $ 68,219.00 Based on this, I am requesting that City Council authorize the South Burlington Department of Public Works to award the Ash Tree Interplanting Project to Anything Grows. If you would like additional information on this project or the bid results, please contact David Wheeler, Water Resources Engineer at (802) 658-7961 x6113. CITY OF SOUTH BURLINGTON ASH TREE INTERPLANTING PROJECT 2024 BID TABULATION JANUARY 1, 2024 UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST A-1 Gleditsia triacanthos, Honeylocust ‘Northern Acclaim’, ‘Shademaster’ or ‘Halka 6 EACH $992.50 $5,955.00 $660.00 $3,960.00 $965.00 $5,790.00 $1,000.00 $6,000.00 $1,345.00 $8,070.00 A-2 Ulmus davidiana var. japonica ‘Morton’, Accolade Elm 9 EACH $1,015.75 $9,141.75 $650.00 $5,850.00 $1,105.00 $9,945.00 $1,000.00 $9,000.00 $1,308.00 $11,772.00 A-3 Quercus bicolor or Quercus rubra, Swamp White or Red Oak 9 EACH $988.25 $8,894.25 $650.00 $5,850.00 $995.00 $8,955.00 $1,000.00 $9,000.00 $1,308.00 $11,772.00 A-4 Aesculus glabra ‘J. N. Select’, Early Glow Buckeye or Aesculus Hippocastanem ‘Baumanii’, Baumanii Horsechestnut 5 EACH $1,003.25 $5,016.25 $650.00 $3,250.00 $1,055.00 $5,275.00 $1,000.00 $5,000.00 $1,308.00 $6,540.00 B-1 Gleditsia triacanthos, Honeylocust ‘Northern Acclaim’, ‘Shademaster’ or ‘Halka 8 EACH $992.50 $7,940.00 $660.00 $5,280.00 $965.00 $7,720.00 $1,000.00 $8,000.00 $1,345.00 $10,760.00 B-2 Quercus bicolor or Quercus rubra, Swamp White or Red Oak 8 EACH $988.25 $7,906.00 $650.00 $5,200.00 $995.00 $7,960.00 $1,000.00 $8,000.00 $1,308.00 $10,464.00 B-3 Acer x freemanii, Freeman Maple, ‘Celebration’, ‘Sienna Glem’ or ‘Marmo’7 EACH $902.00 $6,314.00 $650.00 $4,550.00 $895.00 $6,265.00 $800.00 $5,600.00 $1,263.00 $8,841.00 TOTAL BID Midland Ave Nowland Farm Road $68,219.00 ANYTHING GROWS LANDSHAPES POULIN TEACHERS TREE SERVICE $51,167.25 $33,940.00 $51,910.00 $50,600.00 ITEM NO. ITEM DESCRIPTION APPROXIMATE QUANTITY UNIT AVG UNIT PRICE EMPLOYEE HANDBOOK CITY COUNCIL ADOPTED FEBRUARY 5, 2024 Page | 2 About This Handbook The employees of the City of South Burlington are the backbone of the organization. City employees provide valuable services to the residents, businesses, and visitors of South Burlington every hour of every day. This Handbook was established to promote transparency of employment practices, ensure fair treatment of all employees, and to provide information and guidelines on City Human Resources policies, procedures, and benefits. This is not an employee contract between the employee and the City, and the policies herein do not constitute any promise as to how a particular situation will be handled. We do not expect this handbook to answer all questions. Managers and Human Resources also serve as sources of information. The City has employment contracts with each of three collective bargaining units representing its member participants (South Burlington City Hall and Public Works Employees Union, South Burlington Career Fire Fighters’ Association and South Burlington Police Officers’ Association), as well as supervisory, confidential, and part-time employees. If these policies, procedures, or benefits conflict with any plan documents, policy, procedure, or benefit outlined in a Collective Bargaining Agreement or individual employee contract recognized by the City, the contract shall supersede these policies, procedures or benefits. These guidelines cover all full-time, part-time, temporary, seasonal, and probationary employees, whether appointed or elected, except as otherwise provided by law or an applicable Collective Bargaining Agreement. The City is committed to initiating, promoting, and maintaining fair and equitable policies and procedures for all City employees, and to doing so in accordance with all applicable Federal and State laws and regulations. For more detailed information regarding many matters covered in this handbook, such as benefit plan descriptions, please refer to the appropriate plan document. This handbook contains the personnel rules and regulations referenced in 24A V.S.A. § 13-1702. It has been prepared under the direction of the City Manager through the City’s Human Resources Department and was approved by the City Council on February 5, 2024. The City may, at any time, in its sole discretion, modify or vary anything stated in this handbook, with or without notice, except for matters which are mandatory subjects of bargaining which may only be modified by an express written agreement signed by the Bargaining Unit and City. Any amendments will be prepared under the direction of the City Manager and approved by the City Council. This handbook supersedes previous City Personnel Rules and Regulations. Page | 3 Table of Contents About This Handbook .............................................................................................................................. 2 Section 1 - Governing Principles of Employment ................................................................................. 6 1-1. Equal Opportunity .......................................................................................................................6 1-2. Commitment to Diversity, Inclusion and Belonging ...............................................................7 1-3. Americans with Disabilities Act (ADA) and Reasonable Accommodation ...........................8 1-4. Religious Belief Accommodation ..............................................................................................8 1-5. Pregnancy and Nursing Mother’s Accommodation ................................................................9 1-6. Harassment and Complaint Policy/Procedure ...................................................................... 10 1-7. Conflicts of Interest and Ethics ............................................................................................... 12 Section 2 - Operational Policies ............................................................................................................ 15 2-1. Employment Classification ......................................................................................................... 15 2-2. Compensation and Pay Schedules ............................................................................................ 16 2-3. Probationary Period ..................................................................................................................... 18 2-4. Workweek and Schedule ............................................................................................................. 18 2-4a. Flextime ................................................................................................................................... 18 2-4b. Remote Work .......................................................................................................................... 19 2-5. Meal and Rest Breaks .................................................................................................................. 20 2-6. Time Records and Recording Time Worked ............................................................................. 20 2-7. Overtime ....................................................................................................................................... 21 2-8. Deductions from Pay/Safe Harbor for Exempt Employees ..................................................... 22 2-9. Paychecks and Pay Periods ......................................................................................................... 23 2-10. Access to Personnel Files .......................................................................................................... 24 Section 3 - Workplace Safety ................................................................................................................ 25 3-1. Commitment to Safety ................................................................................................................ 25 3-2. Drug-Free and Alcohol-Free Workplace .................................................................................... 26 3-3. Smoke-Free Workplace ............................................................................................................... 27 3-4. Workplace Violence Prevention.................................................................................................. 28 3-5. Emergency Closings .................................................................................................................... 29 Page | 4 3-6. Cell Phone Safety and Driving .................................................................................................... 29 Section 4 - Workplace Guidelines ......................................................................................................... 30 4-1. Code of Conduct ........................................................................................................................... 30 4-2. Attendance .................................................................................................................................... 31 4-3. Job Performance .......................................................................................................................... 32 4-4. Annual Performance Review ...................................................................................................... 32 4-5. Promotions and Transfers........................................................................................................... 32 4-6. Performance Management ......................................................................................................... 33 4-7. Grievance Procedures ................................................................................................................. 35 4-8. Recruitment and Talent Acquisition .......................................................................................... 37 4-9. Outside Employment ................................................................................................................... 39 4-10. Internships .................................................................................................................................. 39 4-10. Dress Code and Grooming ....................................................................................................... 40 4-11. Travel Reimbursement .............................................................................................................. 41 4-12. Social Media Acceptable Use ................................................................................................... 43 4-13. Solicitation .................................................................................................................................. 44 4-14. Computers, Internet, E-Mail, and Other Resources................................................................ 45 4-15. Use of Facilities, Equipment and Property, Including Intellectual Property ........................ 46 4-16. Publicity/Statements Made to the Media ................................................................................ 47 Section 5 - Time Off and Leaves of Absence ....................................................................................... 48 5-1. Holidays ........................................................................................................................................ 48 5-2. Vacation ........................................................................................................................................ 49 5-3. Sick Leave ..................................................................................................................................... 50 5-4. Family and Medical Leave........................................................................................................... 54 5-5. Military Leave ............................................................................................................................... 60 5-6. Bereavement Leave ..................................................................................................................... 62 5-7. Jury Duty/Court Appearance ...................................................................................................... 63 5-8. Time Off for Voting ...................................................................................................................... 63 5-9. Vermont Protections for Victims of Crime ................................................................................ 63 Page | 5 Section 6 - Employee Benefits .............................................................................................................. 65 6-1. Medical Opt Out ........................................................................................................................... 65 6-2. Medical and Dental Insurance: ................................................................................................... 65 6-3. Employee Assistance Program................................................................................................... 67 6-4. Workers Compensation ............................................................................................................... 67 EMPLOYEE HANDBOOK ACKNOWLEDGMENT AND RECEIPT ......................................................... 69 EMPLOYEE ACKNOWLEDGMENT AND RECEPT OF HARASSMENT POLICY ................................. 70 Page | 6 Section 1 - Governing Principles of Employment 1-1. Equal Opportunity The City of South Burlington is an Equal Opportunity Employer that does not discriminate on the basis of race, creed, color, religion, alienage or national origin, ancestry, place of birth, citizenship status, age, disability, sex, military or veteran status, sexual orientation, gender identity, genetic information, health coverage status, HIV status, crime victim status, pregnancy or pregnancy-related condition, political affiliation (per 24A V.S.A. § 13-1701(a)), or any other characteristic protected by applicable federal, state or local laws. Our management team is dedicated to this policy with respect to recruitment, hiring, placement, promotion, transfer, training, compensation, benefits, employee activities and general treatment during employment. Any employee with questions or concerns about equal employment opportunities in the workplace is encouraged to bring these issues to the attention of the Human Resources Director. The City will not tolerate any form of retaliation against individuals who raise issues of equal employment opportunity. If an employee feels that they have been subjected to any such retaliation, they should bring it to the attention of the Human Resources Director. To ensure our workplace is free of artificial barriers, violation of this policy including any improper retaliatory conduct will lead to discipline, up to and including discharge. All employees must cooperate with all investigations. Retaliation means adverse conduct taken because an individual reported an actual or a perceived violation of this policy, opposed practices prohibited by this policy, or participated in the reporting and investigation process described below. “Adverse conduct” includes but is not limited to: (1) Shunning and avoiding an individual who reports harassment, discrimination, or retaliation; or (2) Express or implied threats or intimidation intended to prevent an individual from reporting harassment, discrimination, or retaliation; or (3) Denying employment benefits because an applicant or employee reported harassment, discrimination, or retaliation or participated in the reporting and investigation process. Other examples of retaliation include firing, demotion, denial of promotion, unjustified negative evaluations, increased surveillance, harassment, and assault. Complaints of discrimination should be filed according to the procedures described in the Harassment and Complaint Procedure. Page | 7 1-2. Commitment to Diversity, Inclusion and Belonging Diversity, inclusion, and belonging are core values of the City. Our community will be stronger as our employees reflect our demographics and our neighbors can see themselves in our Team. This enables us to best hold the trust of our community. As part of this policy, we are committed to a workplace culture that values and promotes diversity, inclusion, belonging, equity, equal employment opportunities, and a work environment free of harassment and hostility. This includes: • Applying principles of equity to achieve equal employment opportunities for qualified individuals of all backgrounds. • Attracting, recruiting, retaining, engaging, supporting, developing, and advancing underrepresented and diverse employees, including women, people of color, LGBTQIA+ individuals, and any other underrepresented employees. • Promoting respectfulness, cultural awareness, and inclusivity by: o Fostering a collaborative work environment in which all employees participate and contribute; and o Empowering and providing a safe space for all employees to express themselves, exchange ideas, and feel heard; and o Encouraging employees to be open and curious about others’ experiences and perspectives. Diversity, inclusion, and belonging are related and equally important concepts. Diversity includes but is not limited to differences in race, color, religion, national origin, citizenship, sex, sexual orientation, gender identity, ancestry, place of birth, age, disability, health coverage status, genetic information, veteran or military status, crime victim status, pregnancy or pregnancy-related condition, political affiliation (per 24A V.S.A. § 13-1701(a)), or any other characteristic protected by law. Diversity also includes differences in backgrounds, experiences, perspectives, thoughts, interests, and ideas. Inclusion means ensuring that all employees are valued, heard, engaged, and involved at work and have full opportunities to collaborate, contribute, and grow professionally. Inclusion is behavior and cultural norms that make people feel welcome. Belonging means that everyone is treated and feels like a full member of the team and can thrive. Belonging is having a sense of acceptance and not only having a seat at the table, but having a voice that matters in the conversation and is heard. While the City strives for equitable representation of employees, the purpose of this policy is not to favor certain individuals or groups or have the effect of excluding other individuals or groups. All leaders, managers, and employees play a role in making the City a diverse and inclusive place where employees feel they belong. Differences are good and can positively shape an organization and team. City employees should be able to be their true, authentic selves in the Page | 8 workplace and have the confidence, security and support to share their voice. Please read this policy carefully and openly and make every effort to understand the importance of diversity, inclusion, and belonging and the ways we can accomplish these objectives together. Support one another and appreciate differences as they make the team and organization stronger. 1-3. Americans with Disabilities Act (ADA) and Reasonable Accommodation The City is committed to the fair and equal employment of individuals with disabilities under the ADA. The City will make reasonable accommodations for the known physical or mental disabilities of a qualified applicant or employee, unless doing so would impose an undue hardship upon the City's business operations. An accommodation is not reasonable if, even with the accommodation, the employee is unable to perform essential job duties, or unable to do so in a manner that would not endanger the employee's health or safety of the employee or others. Any applicant or employee who believes they require an accommodation in order to perform the essential functions of the job should contact the Human Resources Director to request such an accommodation. Employees should specify what accommodation they need to perform the job, the reason they need an accommodation, and how the accommodation will help them perform the essential functions of the job. If the employee’s need for accommodation is not obvious, the City may ask the employee to provide supporting medical documentation explaining the underlying physical or mental disability and the basis for the requested accommodation. The City then will review and analyze the request, including engaging in an interactive process with the employee or applicant, to identify if such an accommodation can be made. The City will evaluate requested accommodations, and as appropriate identify other possible accommodations, if any. The City is not required to make the specific accommodation requested by an employee and may provide an alternative effective accommodation, to the extent any reasonable accommodation can be made without imposing an undue hardship on the City. The employee will be notified of the City's decision regarding the request within a reasonable period. The City treats all medical information submitted as part of the accommodation process in a confidential manner. Individuals will not be retaliated against for requesting an accommodation in good faith. The City expressly prohibits any form of discipline, reprisal, intimidation, or retaliation against any individual for requesting an accommodation in good faith. 1-4. Religious Belief Accommodation The City will provide a reasonable accommodation of an applicant or employee’s sincerely held religious belief if the accommodation would resolve a conflict between the individual’s religious Page | 9 beliefs or practices and a work requirement, unless doing so would create an undue hardship for the City. If an applicant or employee wishes to request such an accommodation, they should speak to the Human Resources Director and the Department Head. An applicant will be asked to provide a description of the accommodation they are requesting, the reason they need an accommodation, and an explanation of how the accommodation will help resolve the conflict between the individual’s religious beliefs or practices (or lack thereof) and one or more work requirements. After receiving a good faith request, the City will engage in a dialogue with the applicant or employee to explore potential accommodations that could resolve the conflict between the individual’s religious beliefs and practices and one or more work requirements. The City may ask the individual to provide additional information about their religious practices or beliefs and the accommodation requested. The City encourages an individual to suggest specific reasonable accommodations that they believe would resolve any such conflict. However, the City is not required to make the specific accommodation requested and may provide an alternative, effective accommodation, to the extent any accommodation can be made without imposing an undue hardship on the City. Individuals will not be retaliated against for requesting an accommodation in good faith. The City expressly prohibits any form of discipline, reprisal, intimidation, or retaliation against any individual for requesting an accommodation in good faith. 1-5. Pregnancy and Nursing Mother’s Accommodation In compliance with Vermont law, the City will reasonably accommodate the needs of an employee for a pregnancy-related condition, unless doing so would impose an undue hardship on the City. For purposes of this policy, "pregnancy-related condition" means a limitation of an employee's ability to perform the essential functions of a job caused by pregnancy, childbirth or a medical condition related to pregnancy or childbirth. Reasonable accommodations for the employee, may include, but are not limited to: • bathroom breaks; • breaks for increased water intake; • periodic rest; • access to a chair or stool; • assistance with specific duties; • temporary transfers to less strenuous or hazardous work; • a private, clean space for lactation; • time off for prenatal appointments; or • time off to recover from medical conditions related to pregnancy or childbirth. An employee may use any accrued paid time off for absences related to a pregnancy-related condition, and the employee may qualify for FMLA in certain circumstances. Employees should Page | 10 consult with the Human Resources Director to discuss accommodations and review eligibility for other types of leave. In compliance with 21 V.S.A. § 305, Nursing Mothers in The Workplace, the City will provide a reasonable amount of break time for a nursing mother for up to three years after the birth of the child to express milk for her nursing child. The break time, if possible, must run concurrently with rest and meal periods already provided to the employee. If the break time cannot run concurrently with rest and meal periods already provided to the employee, the break time will be unpaid, subject to applicable law. The City may not be able to provide additional break time if doing so would seriously disrupt the City's operations, subject to applicable law. The City will make reasonable efforts to provide employees with the use of a room or location for the employee to express milk in private. This location may be the employee's private office, if applicable. Please consult the Human Resources Director for any questions regarding this policy. Employees should advise management if they need break time and an area for this purpose. Employees will not be discriminated against or retaliated against for exercising their rights under this policy. Any employee with questions about this policy or who needs to request an accommodation due to pregnancy, childbirth or a related medical condition should contact the Human Resources Director. 1-6. Harassment and Complaint Policy/Procedure The City believes that its employees have the right to work in an environment free of all forms of illegal discrimination, inappropriate illegal conduct, and illegal harassment. The City does not tolerate harassment of or by any employee because of race, color, religion, national origin, citizenship, sex, sexual orientation, gender identity, ancestry, place of birth, age, disability, health coverage status, HIV status, genetic information, military or veteran status, crime victim status, pregnancy or a pregnancy-related condition, or any other characteristic protected by law. The City is committed to providing a workplace free from this type of unlawful conduct. It is also illegal, and violates the City’s policies, to retaliate against any employee for filing or cooperating in the investigation of a complaint of illegal harassment. Sexual harassment in the workplace is unlawful. Harassment because of a person’s sex, gender, race, sexual orientation, or the other categories described above, is a form of discrimination and can include name-calling, unwelcome sexual advances, requests for sexual favors, and other verbal, physical, written, auditory, or visual conduct of a sexual or discriminatory nature when: 1. Submission to that conduct is made either explicitly or implicitly a term or condition of employment; or Page | 11 2. Submission to or rejection of such conduct by an individual is used as a component of the basis for employment decisions affecting that individual; or 3. The conduct has the purpose or effect of interfering with an individual's work or creating an intimidating, hostile, or offensive work environment. Examples of illegal harassment include, but are not limited to the following, when such acts or behavior come within one of the above definitions: 1. Either explicitly or implicitly conditioning any term of employment (e.g., continued employment, wages, evaluation, advancement, assigned duties or shifts) on sexual favors; 2. Touching or grabbing a part of an employee's body after it is known or should be known that such physical conduct was unwelcome; 3. Displaying or transmitting sexually suggestive, racially offensive, or otherwise discriminatory pictures, objects, cartoons, or posters if it is known or should be known that the behavior is unwelcome; 4. Regularly telling sexual jokes or using sexually vulgar language or language that is derogatory, particularly if it is known or should be known that the person does not welcome such behavior; or 5. Retaliating against any person for having filed or supported a complaint of illegal harassment (e.g., ostracizing the person, pressuring the person to drop or not support the complaint, adversely altering that person's duties or work environment, etc.). Any employee who believes that they have been the target of illegal harassment, or who believes that they have been subjected to retaliation for having brought or supported a complaint of harassment, is encouraged to directly inform the offending person or persons that the conduct is offensive and must stop. If the employee does not wish to communicate directly with the alleged harasser or harassers, or if direct communication has been ineffective, then the person with the complaint is encouraged to report the situation as soon as possible to: Daisy Brayton Human Resources Director 180 Market Street South Burlington, VT 05403 Email: hradmin@southburlingtonvt.gov (802) 846-4127 Employees who are aware that inappropriate behavior has occurred, or who believe that another employee is being harassed, are strongly encouraged to report their concerns to the Human Resources Director. Every supervisor is required to promptly respond to any complaint or Page | 12 suspected acts of illegal harassment and promptly report them to the Human Resources Director. If the City receives a complaint of illegal harassment, or otherwise has reason to believe that illegal harassment is occurring, it will promptly investigate and address the matter. The City may be required by law to take action if it learns of potential harassment, even if the aggrieved employee does not wish to formally file a complaint. The City will try to keep any investigation of a complaint as confidential as possible, except as may be reasonably necessary to successfully complete the investigation. It shall be a violation of this policy for any employee who learns of the investigation or complaint to take any retaliatory action which affects the working environment of any person involved in this investigation. It is also unlawful to retaliate against an employee for filing a complaint of harassment or for cooperating in an investigation conducted pursuant to this policy. If the allegation of illegal harassment is supported by the investigation, the City will take appropriate corrective action. Both the complaining person and the accused will be informed of the results of the investigation, and the City will take steps to make the offending behavior stop and to prevent retaliation. Any employee or supervisor who the City determines has harassed another employee in violation of law or this policy will be subject to sanctions appropriate to the circumstances, ranging from a verbal warning, up to and including dismissal. If the allegation is not supported by the investigation, both parties will be informed of that fact. If the complainant is dissatisfied with the City’s action, or is otherwise interested in doing so, they may file a complaint by writing or calling the following state or federal agencies: 1. Vermont Attorney General’s Office, Civil Rights Unit, 109 State Street, Montpelier, VT 05609, telephone: (802) 828-3171; (802) 828-3665 (TDD). 2. Equal Employment Opportunity Commission, John F. Kennedy Federal Building, 475 Government Center, Boston, MA 02203; 1-800-669-4000; 1-800-669-6820 (TTY) Each of these agencies can conduct impartial investigations, facilitate conciliation, and if it finds that there is probable cause or reasonable grounds to believe harassment has occurred, it may take the case to court. Although employees are encouraged to file their complaint of harassment through the City’s complaint procedure, an employee is not required to do so before filing a charge with these agencies. 1-7. Conflicts of Interest and Ethics The City expects all employees to conduct themselves and city business in a manner that reflects the highest standards of ethical conduct and in accordance with all federal, state, and local laws and regulations. This includes avoiding real, perceived, and potential conflicts of interests. Page | 13 The purpose of this policy is to ensure that the business of the City of South Burlington will be conducted in such a way that no City employee, whether compensated or not, will gain a personal or financial advantage from their work from the City and that the public trust will be preserved. It is also the intent of this policy to ensure that all decisions made by the City are based on the best interests of the community at large. Application All City employees shall comply with this policy. In order that public confidence in the effective operation of City government is maintained through the equal and impartial treatment of all residents, and the avoidance of perceived, actual, or potential conflicts of interest, compliance with this policy is mandatory. Conflict of Interest Conflict of Interest means any of the following: 1. A real or seeming incompatibility between an employee’s private interests and their public or fiduciary interests to the City. a. A direct financial, or non-financial, conflict of interest arises when an employee acts on a matter that has a direct financial impact on that employee. b. An indirect financial, or non-financial, conflict of interest arises when an employee acts on a matter that has a financial impact on a person or group closely tied to the employee. Favoritism No City employee shall provide to any person consideration, treatment, or advantage, which is distinct from the treatment normally accorded to members of the public at large. Financial or Personal Interest With the exception noted below, no City employee shall have any personal interest or financial interest in a transaction in which the City is a participant. Whenever the performance of City official duties requires that individual to take action in respect to any matter in which the individual has a personal or financial interest, they shall disclose the nature and extent of such interest and shall be disqualified from participating in the City’s consideration or disposition of that matter. A City employee may be authorized to engage in a transaction with the City, if approved by the City Manager or the City Council as may be appropriate, subsequent to a full disclosure of the nature and extent of the employee’s personal and financial interest, that the Page | 14 health, safety, and welfare of the City requires the transaction to be pursued despite the conflict of interest. Incompatible Employment No City employee shall engage in private employment with, or render services for, any entity that has business transactions with the City, unless they fully disclose in writing to Human Resources the nature and extent of their relationship to the employer. No employee shall appear on behalf of any private person before any City board, commission, council or other public body. Gifts No City employee shall accept any gift, money, thing, favor, loan, or promise that is intended, or could be considered as payment for special treatment or an effort to affect the employee’s discharge of official duties, valued at more than $25.00. Employees may accept promotional items (featuring another entity’s logo) and small value items in the amount of $25.00 or less. Confidentiality No City employee, without prior authorization from the City Manager, shall disclose any confidential information relating to the officers, employees, transactions, property, or affairs of the City, nor shall any City employee use or assist in the use of any such confidential matter to advance the financial or personal interest of said employee or other individual. Nepotism No City employee shall appoint or attempt to influence the appointment of any person related to that employee by blood, adoption, or marriage to any position for which compensation is received from the City. Immediate family members of current City employees may be hired only if they will not be working directly for or directly supervising a relative. The new employee shall not occupy a position in the same line of authority that might allow one family member to initiate or participate in decisions involving either a potential direct benefit or a potential direct detriment to another immediate family members. No person shall work under the administrative control of any member of their immediate family. For this policy, immediate family is defined to include spouse/partner, child, parent, sibling, grandchild, parent-in-law, or sibling-in-law. The City Manager may approve temporary job assignments regardless of relationship if such assignments are in the City’s interest. Page | 15 Section 2 - Operational Policies 2-1. Employment Classification In order to determine eligibility for benefits and overtime status and to ensure compliance with federal and state laws and regulations, the City classifies its employees as shown below. The City may review or change employee classifications at any time. The City will evaluate each position based on its role, duties, responsibilities, and expectations in compliance with the FLSA to determine exemption status and salary. A complete list of position titles and classifications can be found on the Human Resources portal. Appointed Employee: The City Manager is the only appointed position and is not a classified employee under the City's classification plan and works at the pleasure of the City Council. Elected Official: The City Clerk is the only elected official and fulfills the duties of City Clerk as set forth in Vermont statute. Management Employee: Employees who hold the positions of City Manager, Deputy City Manager, Fire Chief, Police Chief, Director, or Deputy Director level position are considered members of management. Management employees are not in a union or covered by a collective bargaining agreement and are exempt employees. Exempt Employee: Employees who hold positions that are classified as exempt from overtime requirements in accordance with the Fair Labor Standards Act (FLSA). Exempt employees are expected to work the hours necessary to fulfill their weekly job responsibilities. This may require working more than forty (40) hours in a workweek. Exempt employees are not entitled to overtime pay. They receive their weekly salary for any week in which they perform work, except the first and last week of work which may be pro-rated based on days worked, and in other circumstances as provided by the FLSA. Non-exempt Employees: Employees who hold positions that are subject to the minimum wage and overtime requirements of the FLSA. Non-exempt employees are paid on an hourly basis and are paid one and one-half times their regular rate of pay for any hours worked in excess of forty (40) hours in a workweek as required by law. Only hours actually worked will be used to calculate overtime. Paid time off for holidays, sick leave, vacation, or any other leave time are not considered hours worked. Probationary Employees: All new regular employees will serve an initial six (6) month probationary period. Probationary employees have an at-will employment relationship with the City and are not entitled to grievance procedures upon termination. Regular, Full-Time Employees: Employees who have successfully completed the probationary period, and regularly work at least 40 hours per week. Page | 16 Regular, Part-Time Employees: Employees who regularly work fewer than 40 hours per week. Part-time employees are not eligible to receive employee benefits, except for those required by the Vermont State/Federal Law. Seasonal/Temporary Employees: Employees who are hired to perform services on a seasonal or temporary basis for a period of less than twenty (20) weeks. Seasonal and temporary employees may be full or part-time and are not eligible for any benefits. Intern Employees: Employees who are students or trainees and who work, sometimes without pay, in a trade or occupation to gain work experience. The City follows the FLSA Internship Programs guidelines to determine if an internship is paid or unpaid. Volunteers: Volunteers are not considered City employees, are not paid for their volunteer work and are not eligible for benefits. 2-2. Compensation and Pay Schedules The City of South Burlington takes pride in providing competitive salaries and benefits for our employees. The primary objective of the City’s compensation system is to support and reinforce the City’s mission and values by providing a competitive and equitable pay and benefits package in order to select and retain a highly qualified and talented workforce. Human Resources will work with Finance and Department Heads to make informed and sound decisions regarding employee compensation. Human Resources has the primary responsibility for gathering and utilizing labor market pay and benchmarking data to set salary ranges, determining the exemption designation in accordance with the Fair Labor Standards Act (FLSA). Positions will be evaluated by certain criteria evaluating their roles, responsibilities and expectations and aligning titles, job descriptions and salaries within the organization to ensure equity. The City’s compensation system has the following salary schedules/grids: 1. Non-Union, Staff Salary Schedule – Staff positions that are not covered by a bargaining agreement/union. These positions can be paid hourly (non-exempt from overtime) or salaried (exempt from overtime) in accordance with the FLSA. The non-union staff salary grid can be found on the Human Resources Portal. No employee will exceed the maximum step in their paygrade. 2. Management Salary Schedule – Management positions are not covered by a bargaining agreement/union. These positions are salaried and are exempt from overtime in accordance with the FLSA. The City Manager has full discretion on management salaries and increases. Page | 17 Salary Increases Salary increases are provided to eligible employees following the guidelines below and aligned to the annual budget process: 1. Step Increase – A probationary employee will receive a one-step salary increase at the successful completion of their probation. Thereafter, employees not at Step 20 shall be entitled to move to the next step on July 1 each year. The City Manager has authority to approve salary increases outside of this policy. 2. Cost of Living Adjustments (COLA) – With the approval of the City Manager, a COLA may be implemented each new fiscal year to the Non-Union Staff Salary Schedule and the Management Salary Schedule. Cost of living adjustments to the salary schedules are not guaranteed. No employee will be paid a salary less than the minimum salary of their salary grade. After a COLA all employees must be paid at the new salary schedule rates. For example, if a COLA is approved for the next fiscal year, an employee hired on March 1 at Salary Grade A, Step 1, must receive the new Salary Grade A, Step 1 on July 1. The City Manager has authority to approve salary increases outside this policy. Employees who believe their job duties have changed sufficiently to warrant reclassification to a higher grade level may request a review of their position classification by Human Resources. Reclassification process 1. Employee makes a request to their supervisor or Department Head, documenting specific details as to how their position has significantly changed and why it warrants a reevaluation. 2. Supervisor and Department Head will review and evaluate the request and decide whether to approve or deny. Requests denied by the Department Head will not be evaluated by Human Resources. Approved requests will be forwarded to Human Resources for review. 3. If the request is approved, the employee, supervisor and Department Head will review and revise the employee’s job description to accurately reflect the current job duties, essential functions and required qualifications. This revised job description will be forwarded to Human Resources for a job analysis. 4. Human Resources will conduct a job analysis of the position. The job analysis is the process of gathering and analyzing information about the content and responsibilities of the job, as well as, the context in which the job is performed. 5. When evaluating the position, the exempt/non-exempt and Staff/Management classification of the position will be assigned by Human Resources. Exempt/Non-exempt Page | 18 status is based upon an interpretation of the Fair Labor Standards Act (FLSA) as it related to the duties and responsibilities of the job. 6. Human Resources will recommend the results of the job analysis to the Department Head. Position classification decisions are not eligible for the grievance process. 2-3. Probationary Period All newly hired regular full-time and part-time employees must serve a minimum six (6) months of employment with the City as a probationary period. Employees who are promoted or rehired are also subject to a probationary period. This is an opportunity for the City to evaluate the employees’ performance. It also is an opportunity for the employees to decide whether they are happy being employed by the City in their new position. Eligible probationary employees shall accrue vacation and sick time from the date of hire. Probationary employees do not have to wait until the end of their probation to use accrued leave. They may use their accrued leave in accordance with leave policies. Probationary employees may not apply or transfer to another City position without approval from their Department Head. Probationary employees who successfully apply and are hired to a new position will begin a new six (6) month probationary period. Probationary employees do not have the right to the grievance process. The initial probationary period may be extended up to an additional 90 days by the Department Head with approval from Human Resources. If a probationary period is extended, documentation must include the reasons for the extension and employee is informed. 2-4. Workweek and Schedule In order to serve our constituents well, employee groups may have differing schedules. The traditional business hours for City Hall is 8:00 am to 4:30pm, Monday through Friday. Public Safety operates 24 hours a day, 7 days a week. The mission and requirements of individual departments vary, and departments may establish their own core hours and work schedules. For example, the Library, Recreation and Parks, and Department of Public Works may have evening and weekend hours. Employees should work with their supervisors to identify their work schedule. The City supports and fosters a work environment that enables work-life balance. In support of this, employees may request alternative work schedules through either flextime or remote work. 2-4a. Flextime Flexible hours consist of daily work hours other than the core hours. Flex time must be preapproved by the employee's Department Head. Page | 19 The following criteria must apply: • The employee must work full-time hours. • The schedule requested must not impact the employee's ability to perform the job requirements. • The schedule requested must not impact the employee's ability to serve external and internal customers. In accordance with Vermont law regarding flexible work arrangements (21 V.S.A. § 309), the City will consider an employee’s requests for flexible working arrangements, including changes in the number of days or hours worked, daily schedule, work from home, and job-sharing. Such requests should be made to the Department Head in consultation with the Human Resources Director. The City will engage in a good faith discussion of the request with the employee and will consider whether the request could be granted in a manner that is not inconsistent with its business operations or its legal or contractual obligations. The City and the employee may propose alternative arrangements. If, after a flexible work arrangement is approved, the City determines that the change does not work with business needs, in the City’s sole discretion, the City may require the employee to return to the employee’s prior working arrangements. 2-4b. Remote Work Depending on the employee’s position and performance, and the City’s operational needs, employees may be approved for remote work for part of the workweek. Department Heads must approve any remote work in advance. Approval for remote work is completely at the City’s discretion and the approved arrangement can be changed at any time. Requests for remote work as a flexible work arrangement will be considered in accordance with the standards identified in the Workweek and Schedule Policy (2-4). The City has the following expectations for employees who work remotely to avoid issues that may cause disruption to the workday and/or during virtual meetings. General Expectations • Remote employees are expected to be available and communicative during scheduled work hours. • The City’s work rules and other policies continue to apply to offsite work locations. • Consumption of alcohol or use of unprescribed controlled substances during work hours is never acceptable. • Employees should seek a quiet and distraction-free working space, to the extent possible. Page | 20 • Employees are expected to maintain their workspace in a safe manner, free from safety hazards. Virtual Meetings • While distractions are often unavoidable, try to keep them to a minimum. No music or television in the background during meetings. • Keep yourself muted during video or audio conferencing unless you are speaking. • Turning on video is encouraged and may be required for certain meetings. • Avoid eating a meal during a virtual meeting unless invited to do so by the meeting host. • Smoking or vaping is not permitted during a video conference. • Casual dress is acceptable; however, use discretion. No pajamas or other apparel that would not be appropriate to wear in the workplace. • Avoid multi-tasking. Give your full attention to the meeting as if you were face to face. While gentle reminders may be all that is necessary in some circumstances, egregious or continued violations of these expectations may result in discontinuing the remote work arrangement or in disciplinary action. Requesting Remote Work When employees plan to work from home, the following procedure must be followed: • Employees must have Department Head approval prior to working from home. • If a work-from-home arrangement spans more than one week, the Department Head and employee must meet to discuss details and timeline. • The Department Head will then discuss the arrangement with the City Manager. • City Manager must approve all requests that span longer than one week. 2-5. Meal and Rest Breaks Employees are entitled to a 30-minute unpaid meal break each day. Any nonexempt employee who is required to work through a meal break will be paid for the 30-minute period or may flex time with prior approval from their manager. Employees are also entitled to reasonable rest break opportunities to address personal needs. Meal and rest breaks will be scheduled by the department supervisor or manager. Unused breaks are forfeited and may not be used to extend lunch or leave early. 2-6. Time Records and Recording Time Worked The City is required by the Fair Labor Standards Act (FLSA) to keep accurate records of hours worked by all non-exempt hourly employees. The FLSA requires timecards to be an accurate reflection of the actual number of hours worked. Page | 21 Employee hours worked are recorded in the City's payroll processing system through the Time and Attendance portal. If an employee works more or less than these established hours, or works different days than the established days, then the employee must adjust their timecard as appropriate to reflect the actual hours worked. Individual departments are responsible for establishing their procedures for requesting paid time off. If an employee takes paid time off, the employee must follow departmental procedures (example, requested via email, text message, paper form, etc.). The time will then be accurately reflected on the employee's timecard and deducted from the appropriate time off bank. Employees must approve their own timecards no later than Monday morning at 9:00 a.m. Managers are responsible for ensuring timecards are accurate and approved no later than Monday morning at 10:00 a.m. 2-7. Overtime In order to ensure efficient deployment of municipal resources, control labor costs, and enable healthy work/life balance for employees, all overtime must be approved by the Department Head in advance. In accordance with the FLSA, non-exempt employees are eligible to receive overtime pay or compensatory time off at a rate of one and one-half times their regular pay for time worked in excess of 40 hours per workweek. Non-Exempt Employees: Non-exempt employees shall be compensated at a rate of one and one-half times the regular rate of pay for the overtime hours worked. Paid time off during the workweek shall not be considered as time worked for the purpose of computing weekly overtime. Authorization of Overtime: Overtime must be pre-authorized by the employee's Department Head. Unauthorized overtime hours worked by FLSA non-exempt employees will be paid; however, such unauthorized work may subject the employee to disciplinary action. Compensatory Time Off Guidelines: 1. Non-exempt employees will have the option to receive compensatory time in lieu of overtime for hours worked over forty (40) in a workweek. Compensatory time is awarded at the rate of 1.5 times hours worked. Overtime/Compensatory time must be approved by the Department Head in advance. Page | 22 2. An employee's supervisor cannot require that an employee take compensatory time in lieu of overtime pay. 3. Employees may accrue up to 80 hours of compensatory time. Once the maximum cap is reached, any work in excess of forty (40) hours in workweek will be paid at the overtime rate. 4. Accrued but unused compensatory time will be paid upon termination of employment. 5. Accrued compensatory time will be paid out and reset to zero every January. Exempt Employees: In accordance with the FLSA, exempt employees are paid the same amount each week, regardless of the number of hours worked. Exempt employees are accordingly not eligible for overtime pay. Acceptance of an exempt position with the City of South Burlington constitutes acknowledgment that job responsibilities may require excess of forty (40) hours in a workweek. Deductions from exempt employees’ paychecks may be made in accordance with applicable law. 2-8. Deductions from Pay/Safe Harbor for Exempt Employees The City does not make improper deductions from the salaries of exempt employees and complies with the salary basis requirements of the Fair Labor Standards Act (FLSA). Employees classified as exempt from the overtime pay requirements of the FLSA will be notified of this classification at the time of hire or change in position. Permitted Deductions: The FLSA limits the types of deductions that may be made from the pay of an exempt employee. Deductions that are permitted include: • Deductions that are required by law, e.g., income taxes; • Deductions for employee benefits when authorized by the employee; • Absence from work for one or more full days for personal reasons other than sickness or disability; • Absence from work for one or more full days due to sickness or disability if the deduction is made in accordance with a bona fide plan, policy, or practice of providing compensation for salary lost due to illness; • Offset for amounts received as witness or jury fees or for military pay; • Unpaid disciplinary suspensions of 1 or more full days imposed in good faith for workplace conduct rule infractions; and • Weekly pay for any full workweek in which the employee does not perform any work. Page | 23 During the week an exempt employee begins work for the City or during the last week of employment, the employee will only be paid for actual hours worked. In addition, an employee may be paid only for hours worked during a period when the employee is using unpaid leave under the Family and Medical Leave Act (FMLA). Improper Deductions: If an employee classified as exempt believes that an improper deduction has been taken from the employee’s pay, the employee should immediately report the deduction to the HR department. The report will be promptly investigated, and if it is found that an improper deduction has been made, the City will reimburse the employee for the improper deduction. 2-9. Paychecks and Pay Periods All employees are paid on a bi-weekly basis. Payroll Periods: The work week is from 12:00 am Sunday until 11:59 pm Saturday unless otherwise specified in the Collective Bargaining Agreement. Deductions & Paystubs: Paystubs itemize gross earnings and deductions. By law, the City is required to make deductions for Social Security, federal income tax and any other appropriate taxes. These required deductions also may include any court-ordered garnishments such as child support, creditors, and student loans. "Garnishment" of wages refers to a legal procedure requiring an employer to withhold portions of an employee's earnings to satisfy any outstanding debt. Upon receipt of a garnishment notice, Human Resources will notify the employee when the garnishment will take effect and any other necessary instructions. A payroll deduction will commence and continue until the City receives notification from the court or government agency that the garnishment has been fulfilled. Deductions and withholdings per an employee’s HSA and 457 plans may be changed for the first payroll of each month. Changes must be submitted to payroll by the 20th of the month prior to the change. HSA and 457 changes will only be allowed four (4) times per calendar year. Employees need to use the appropriate change and beneficiary forms which can be found on the Human Resources for Employees Portal. Paystubs can be viewed on the City’s payroll system. Employees are expected to review their pay stubs to ensure accuracy, particularly when there has been a change made to withholdings or deductions. Page | 24 If any employee has a question about their paycheck, the employee should report the concern to the Human Resources Director immediately so that compliance with the law can be assured. The City will investigate the problem within two (2) weeks and will promptly make any appropriate corrections. Pay Advances: Pay advances or loans to any employee are not permitted. Direct Deposit Employees are encouraged to be paid electronically through direct deposit into one or more checking or savings accounts designated by the employee. Accounts must be established with banks or credit unions that support direct deposits. Any employee not electing direct deposit will be paid with a paper check. Pay will be by direct deposit or by checks given only to the employee, unless the employee requests that they be mailed, or authorize in writing another person to accept the check. There is a one-time pre-note period to ensure the banking information is accurately reflected in the payroll system and matches the employee at the designated financial institution. Employees will receive a paper check during this pre-note period. Direct deposit forms can be found in the employee portal. Please see Human Resources for any direct deposit questions or concerns. 2-10. Access to Personnel Files The City maintains a personnel file for each employee. Employee files are maintained by the Human Resources department and subject to state and federal law are considered confidential. The City strives to maintain accurate and complete personnel records. Employees must promptly notify Human Resource of any changes to their personal information, including changes in home address, home telephone number, legal name, marital status, number of dependents, named beneficiaries, emergency contact, qualifying events regarding benefits, and tax deduction changes. Managers and Supervisors may only have access to personnel file information on a need-to- know basis. Employees who request access to their personnel files will generally be permitted to review their file within 3 days of the request unless otherwise required under state law. Employees may request a copy of their own personnel file. Personnel files are to be reviewed in the Human Resources Department; they may not be taken outside the department. Representatives of government or law enforcement agencies, in the course of their duties, may be allowed access to file information. Page | 25 Section 3 - Workplace Safety 3-1. Commitment to Safety The health and safety of employees and others on City property are of critical concern to the City of South Burlington. The City intends to comply with all applicable federal and state OSHA requirements and policies. To this end, all employees are expected to adhere to all safety standards associated with their job, and to ensure that work areas are kept safe and free of hazardous conditions. Employees are required to be conscientious about workplace safety, including proper operating methods, and to recognize dangerous conditions or hazards. Any unsafe conditions or potential hazards should be reported to the appropriate Department Head immediately, even if the problem appears to be corrected. Any suspicion of a concealed danger present on the City’s premises, or in a product, facility, piece of equipment, process or business practice for which the City is responsible should be brought to the attention of the Department Head immediately. Periodically, the City may issue rules and guidelines governing workplace safety and wellness. The City may also issue rules and guidelines regarding the handling and disposal of hazardous substances and waste. All employees should familiarize themselves with these rules and guidelines, as strict compliance will be expected. The City has a Safety Committee. It is charged with reducing work related injuries and illness and promoting safety in every task undertaken by employees on behalf of the City. Incident Reporting Any workplace injury, accident, or illness must be reported to Department Heads and Human Resources within twenty-four (24) hours, regardless of the severity of the injury or accident, in order to comply with Workers’ Compensation requirements. A First Report of Injury must be filled out by the employee and the Department. If the injury occurs on a Friday afternoon, weekend or holiday, then the report must be made the following business day. See the Workers’ Compensation in Section 4-6 for additional information. If an employee observes or believes there is a workplace safety or health hazard should reach out to their immediate supervisor or Department Head. Employees may also file a confidential complaint with the Vermont Occupational Safety and Health Administration (VOSHA) by visiting their website at labor.vermont.gov/vosha or by calling 1-800-287-2765. Page | 26 No Retaliation Employees who raise safety issues, lodge a good faith internal complaint regarding the City’s safety practices, or file such a complaint with OSHA or the VOSHA will not be subject to any retaliation for such reporting. All forms of unlawful retaliation are prohibited, including any form of discipline, reprisal, intimidation, or other form of retaliation. If an employee believes that they have been subjected to retaliation, the employee should promptly contact Human Resources. 3-2. Drug-Free and Alcohol-Free Workplace To help ensure a safe, healthy, and productive work environment for our employees and others, to protect City property, and to ensure efficient operations, the City maintains a workplace free of illegal drugs, recreational marijuana, and alcohol and will comply with all State and Federal drug policies/laws. This policy applies to all employees and other individuals who perform work for the City. The unlawful or unauthorized use, abuse, solicitation, theft, possession, transfer, purchase, sale or distribution of illegal and controlled substances, drug paraphernalia or alcohol by an individual anywhere on City premises, while on City business (whether or not on City premises) or while representing the City, is strictly prohibited. Employees are prohibited from reporting to work or working while they are using or under the influence of alcohol or any illegal or controlled substances, which may impact an employee’s ability to perform their job or otherwise pose safety concerns, except when the use is pursuant to a licensed medical practitioner’s instructions and the licensed medical practitioner authorized the employee or individual to report to work. Marijuana is prohibited as an “illegal or controlled substance” under this policy regardless of its status under State law, except as described below. The illegal use of prescription drugs is also prohibited. If an employee is legally taking prescription drugs, including prescribed marijuana, that affect the employee’s ability to safely perform any of the essential functions of their job, the employee’s supervisor and/or the Human Resources Director will determine whether or not the employee should continue to perform their functions until concerns regarding safety can be addressed. Medical certification may be required. Any employee who appears, in the reasonable judgment of the City, to be under the influence of any controlled substance, in the discretion of their supervisor or the Human Resources Director, during work hours will be asked to leave the premises immediately and will be paid only for the time actually worked. Violation of this policy may result in disciplinary action, up to and including termination and referral for prosecution. Discipline may result if the City has a reasonable basis to believe a Page | 27 violation has occurred. In the discretion of the City, any employee who violates the drug-free workplace policy may be required, in connection with or in lieu of disciplinary sanctions, to participate to the City’s satisfaction in an approved drug assistance or rehabilitation program. The City will endeavor to make reasonable accommodations to assist individuals recovering from substance and alcohol dependencies, and those who have a medical history which reflects treatment for substance abuse conditions, in accordance with applicable law. However, employees may not request an accommodation to avoid discipline for a policy violation. We encourage employees to seek assistance before their substance abuse or alcohol misuse renders them unable to perform the essential functions of their jobs or jeopardizes the health and safety of any City employee, including themselves. Employees must notify the City within three (3) calendar days if they are arrested or charged in connection with a criminal drug or alcohol violation. Within ten (10) days of such notification or other actual notice, the City will advise any mandatory reporting agency of such conviction. In order to maintain a drug-free workplace, the City has established educational training, a drug- free workplace policy which also outlines the penalties that may be imposed for violations of our drug-free workplace policy; offers counseling and rehabilitation through our employee assistance programs and state and federal laws. 3-3. Smoke-Free Workplace The City is committed to creating a smoke-free workplace in accordance with Vermont’s Smoke- Free Laws. In Vermont, smoking laws prohibit the possession of lighted tobacco products in all enclosed structures in all workplaces. The use of tobacco substitutes such as electronic cigarettes, and any electronic or battery powered device that delivers nicotine or other substances into the body through inhaled vapor, are also prohibited. In addition to Vermont’s Smoke-Free Laws, the City prohibits smoking in City vehicles. Designated smoking areas are as follows: • City Hall – minimum of 30 feet from the building. • Public Works – On side of back garage (minimum 30 feet from main building). • Water Quality – due to the risk of explosive gases, smoking is ONLY permitted outside of the fenced area. Smoking is prohibited on the Plant grounds. Note: As a condition of employment for Firefighters and Police Officers, smoking is prohibited. Page | 28 3-4. Workplace Violence Prevention The City of South Burlington is strongly committed to providing a safe workplace. The purpose of this policy is to minimize the risk of personal injury to employees and damage to the City and personal property. Prohibited Conduct Threats, threatening language or any other acts of aggression or violence made toward or by any City employee will not be tolerated. For purposes of this policy, a threat includes any verbal or physical harassment or abuse, any attempt at intimidating or instilling fear in others, displaying aggressive or hostile behavior that creates a reasonable fear of injury to another person, menacing gestures, flashing of weapons, stalking or any other hostile, aggressive, injurious or destructive action undertaken for the purpose of domination or intimidation. Procedures for Reporting a Threat For immediate emergencies, dial 9-1-1. All potentially dangerous situations, including threats by co-workers, should be reported immediately to a supervisor, Department Head, City Manager or Human Resources Director. Reports of threats may be kept confidential to the extent maintaining confidentiality does not impede our ability to investigate and respond to the complaints. All threats will be promptly investigated. All employees must cooperate with all investigations. No employee will be subjected to retaliation, intimidation, or disciplinary action as a result of reporting a threat in good faith under this policy. If the City determines, after an investigation, that someone has violated this policy, it will take swift and appropriate corrective action. Third Party Behavior Because we serve residents of the City and we interact with the public on a regular basis, we may sometimes interact with a third party who is angry or who may engage in behavior that is uncomfortable. If an employee has such an interaction with a third party, the employee should first remain calm, respond in a professional and respectful manner, and attempt to de-escalate the situation. If de-escalation is not effective, the employee should call 9-1-1 if warranted, and otherwise follow the reporting procedures outlined in this policy. If an employee is the recipient of a threat made by an outside party, that employee should follow the steps detailed in this section. It is important for us to be aware of any potential danger in our offices. We want to take effective measures to protect everyone from the threat of a violent act by an employee or by anyone else. Page | 29 3-5. Emergency Closings The City will make every attempt to be open for business to serve the residents, businesses, and visitors of South Burlington. In some situations, the City Manager or their designee may officially close its operation in whole or in part in response to unusual conditions such as inclement weather or other emergency situations in which there may be concerns about employee safety. Time absent from work due to emergency closing is not counted as hours worked when computing weekly overtime. If the office is officially closed during the course of the day to permit employees to leave early, non-exempt employees who are working on-site as of the time of the closing will be paid for a full day. Non-exempt employees who are scheduled to work but have not yet arrived as of the time of closing will be paid for their full shift. If employees leave earlier than the official closing time, they will be paid only for actual hours worked, or they can take Vacation time. Exempt employees will be paid for a normal full day but are expected to complete their work at another time. 3-6. Cell Phone Safety and Driving Safe driving is the first priority when operating a vehicle while driving on City business. Employees’ first responsibility is to pay attention to their driving. They should never allow a cell phone or other mobile device to distract them from concentrating on driving. Under no circumstances should employees feel that they need to place themselves or others at risk while driving to fulfill business needs. Employees should follow these procedures to avoid distracted driving: 1. Follow all applicable state and local laws that address the use of cell phones and other mobile devices while driving. 2. Avoid using cell phones while driving, especially as a hand-held device. Find a safe place to pull over to make or receive phone calls, send or receive text messages, or manipulate navigation apps. 3. Program their destination into navigation apps or GPS devices before they start driving. 4. Do not read or respond to text messages or e-mail or browse social media or the Internet while driving. 5. Be aware of distractions from in-car “infotainment” systems. Just because they are built into the vehicle does not mean they do not create a hazardous distraction. Employees who fail to follow safety guidelines are subject to discipline. Page | 30 Section 4 - Workplace Guidelines 4-1. Code of Conduct We all deserve a work environment where we are treated with dignity and respect. The success of our organization is dependent on the trust and confidence we earn from our co-workers, residents, and visitors. The City gains credibility by adhering to our commitments, displaying honesty and integrity, and reaching our goals through honorable conduct. It is easy to say what we must do, but the proof is in our actions. We promote the freedom of expression and open communication while supporting a respectful and collaborative work environment. Nothing in this policy is intended to, nor should be construed to limit or interfere with the employee rights as set forth under all applicable provisions of the Vermont Municipal Labor Relations Act rights to organize and engage in protected, concerted activities regarding the terms and conditions of employment. City employees are expected to support a positive workplace environment by adhering to the following code of conduct standards. Employees are expected to: 1. Comply with laws, rules and regulations and represent the City accordingly. Employees should have an understanding of the City policies, laws, rules and regulations that apply to their specific roles. If unsure of whether a contemplated action is permitted by law or City policy, an employee should seek the advice from a resource expert. All employees are responsible for preventing violations of law and for speaking up regarding possible violations. 2. Be ethical and responsible when dealing with City property, equipment, finances, partnerships and public image. 3. Treat supervisors, co-workers, customers and others in a professional manner demonstrating high levels of integrity and respect. 4. Address and report inappropriate behavior and comments that are discriminatory, harassing, abusive, or offensive to their supervisor, Department Head or Human Resources. 5. Foster teamwork and employee participation, encouraging the representation of different employee perspectives, experiences and background. 6. Avoid slang or idioms that might be found offensive, harassing, or do not translate across cultures. 7. Confront the decisions or behaviors of others that are based on conscious or unconscious biases. 8. Follow supervisor's directions and instructions and complete their duties with skill and in a timely manner. Direct insubordination may be a reason for disciplinary action. Page | 31 9. Be open-minded and listen when given constructive feedback regarding others' perception of your conduct. Supervisors and managers have the added responsibility of demonstrating, through their actions, the importance of this Code. They are responsible for promptly addressing ethical questions or concerns raised by employees and for taking the appropriate steps to deal with such issues. This policy is not intended to preclude or dissuade employees from engaging in legally protected activities/activities protected by local, state or federal law, including National Labor Relations Act such as discussing wages, benefits, or terms and conditions of employment, forming, joining, or supporting labor unions, bargaining collectively through representatives of their choosing, raising complaints about working conditions for their own and their fellow employees’ mutual aid or protection, or engaging in legally required activities. 4-2. Attendance Employees are hired to perform important functions at the City of South Burlington. As with any group effort, operating effectively takes cooperation and commitment from everyone. Therefore, attendance and punctuality are very important. Unnecessary absences and lateness do not result in the best service to residents, are expensive, disruptive and place an unfair burden on fellow employees and Supervisors/Managers. We expect excellent attendance from all employees. Excessive absenteeism, tardiness, or failure to report for duty without proper notification will result in disciplinary action up to and including termination. We do recognize, however, there are times when absences and tardiness cannot be avoided. In such cases, employees are expected to notify their Supervisor/Manager within one (1) hour from the start of their shift. An employee may report their absence via phone, email or text message. In reporting an absence, an employee must leave their full name, estimated date of return and a telephone number where they may be reached. If an employee will be out more than three (3) days, they should contact Human Resources to request a leave of absence. For more information on the City’s leave of absence policy, please consult the Leave section of this handbook. If an employee is unable to contact their Supervisor/Manager to report a tardiness or absence, they should ask a representative (such as a family member) to do so on their behalf. If the employee or representative is unable to contact the Supervisor/Manager due to extreme circumstances (such as medical emergency or natural disaster), the employee must contact their Supervisor/Manager as soon as practical to explain the situation. Page | 32 4-3. Job Performance Communication between employees and supervisors or managers is very important. Discussions regarding job performance are ongoing and often informal. Employees should initiate conversations with their supervisors if they feel additional ongoing feedback is needed. Generally, formal performance reviews are conducted annually. These reviews include a written performance appraisal and discussion between the employee and the supervisor about job performance and expectations for the coming year. 4-4. Annual Performance Review Performance evaluations are an opportunity for both employees and their supervisors to provide feedback on expectations and performance, and to set goals. A positive performance evaluation does not guarantee an increase in salary, promotion, or continued employment. Compensation increases and the terms and conditions of employment, including job assignments, transfers, promotions, and demotions, are determined by the City Manager. Written Performance Evaluations Written performance evaluations shall be completed for all regular employees. Evaluations should occur at the following times: • Required at the end of the original six (6) month probationary period. If a performance evaluation report is not completed and signed by the date marking the end of the original probationary period, the employee automatically becomes a regular employee. • Required annually from date of hire and forwarded to Human Resources. • Recommended at the end of six (6) months after a transfer or promotion to a new position. In addition to these formal performance evaluations, the City encourages employees and supervisors to discuss job performance on a frequent and ongoing basis. Performance evaluation forms and guidelines are available from Human Resources and can be found on the HR website/portal. Human Resources can also provide coaching to managers and supervisors on effectively providing feedback and conducting performance evaluations. 4-5. Promotions and Transfers The City encourages its employees to take advantage of professional development and advancement opportunities by considering transfer or promotion opportunities. There are two types of promotions and transfers: internal and interdepartmental. Internal is within the same department and interdepartmental is to another department. Page | 33 Any interested employee seeking a job opening, either internal or interdepartmental, must apply for the position through the normal recruitment process, i.e. submit an application, interview, etc. Employees who are promoted or transferred will receive credit in the position for previous years of City service for the purpose of benefit accrual. Employees who transfer to a new position will serve a new 6-month probationary period. The effective date of the promotion or transfer will be at the beginning of a pay week. Probationary employees are not allowed to apply for a different position within the City unless approved by the Department Head and the Human Resources Director. If a Probationary employee is authorized to transfer to a different position, they will begin a new 6-month probationary period. 4-6. Performance Management Managers and employees are empowered to work together to ensure that the requirements of each employee’s job are met. Guidelines are provided for early identification and prompt action for the successful resolution of performance problems. Where practical, the City encourages a supportive, problem-solving approach to issues of behavior, attitude and job performance. However, appropriate corrective/disciplinary action will apply where necessary to assure a high level of performance is maintained. The City may employ various methods of performance management or discipline, as deemed necessary in response to each particular situation. This may include, but is not limited to, various steps in a disciplinary progression. The existence of these steps does not mean that every step must be followed in every situation. The City reserves the right to exercise whatever action it deems appropriate in a circumstance and may be implemented by the Department Head or City Manager as identified below. The City reserves the right to terminate an employee without following the steps of this process in situations where the City deems such action appropriate. Disciplinary action of a written warning or above (written warning, suspension, demotion or termination) must include approval of the Human Resources Director. Disciplinary action of termination must include approval from both the Human Resources Director and the City Manager. Managing performance may include, but is not limited to, the following techniques: Coaching – An action designed to teach an employee critical skills using internal resources. Training – An action that requires an employee to attend a training class, conference, or other event in order to attain a skill using outside entities. Page | 34 Performance Improvement Plan – Management may develop a written Performance Improvement Plan, which will outline expectations and the consequences for the employee of their continued failure to meet performance or conduct expectations. Management and employees will meet regularly to discuss performance and provide feedback on how the employee is performing. Immediate and continued improvement is expected. Corrective Action – Some action which is designed to correct employee behavior, including but not limited to verbal warnings, written warnings, suspension (paid or unpaid), or demotion. Types of corrective action include but are not limited to: 1. Counseling and Verbal Warning. Counseling and verbal warnings are an opportunity for the immediate supervisor to bring attention to the existing performance, conduct or attendance issues. The supervisor will discuss with the employee the nature of the problem or the violation of City policies and procedures. The supervisor is expected to clearly describe expectations and steps the employee must take to improve their performance or resolve the problem. 2. Written Warning. A written warning is formal documentation of the performance, conduct or attendance issues and consequences. The immediate supervisor and Department Head will meet with the employee to review any incidents or information about the performance, conduct or attendance issues as well as any prior relevant corrective action plans. If the Department Head decides that a written warning is warranted, they will coordinate with the Human Resources Director. Together the Department Head and Human Resources Director may develop a written Performance Improvement Plan, which will outline expectations and the consequences for the employee of their continued failure to meet performance or conduct expectations. Management and employees will meet regularly to discuss performance and provide feedback on how the employee is performing. Immediate and continued improvement is expected. The Written Warning template and Performance Improvement Plan form can be found on the Human Resources portal. 3. Suspension and Final Written Warning. An employee may be suspended from work by being put on paid administrative leave or suspended without pay in full day increments consistent with federal, state and local wage and hour employment laws. Investigations will be conducted promptly, and the City reserves the right to conduct the investigation internally or involve a third party, Employees may not substitute or use accrued paid time off in lieu of an unpaid suspension. Pay may be restored to the employee if an investigation of the incident or infraction absolves the employee of wrongdoing. Page | 35 4. Demotion. An employee may be demoted to a position of a lower salary grade as a corrective action. Department Heads must consult with the Human Resources Director and the City Manager before pursuing this option. When a demotion occurs for corrective reasons, the employee’s salary will be reduced by a minimum of five percent. Written notice of the demotion and reduction in pay stating the reasons for the action must be given to the employee, with copies placed in the employee’s personnel file. 5. Recommendation for Termination of Employment. In most circumstances, a recommendation for termination of employment will be preceded by warning(s) and/or a suspension as outlined above. In some cases, however, employees may be terminated without prior notice or disciplinary action. The sequence and nature of disciplinary action will depend on the circumstances and the nature of the conduct. Termination of an employee requires approval from the Human Resources Director and the City Manager. The City may use various forms of corrective action to improve and prevent a recurrence of undesirable employee behavior and performance issues. Employees are not entitled to receive any particular form of corrective action in any particular order. The City will evaluate the facts of each situation and nature of the offense to determine the appropriate type of corrective action based on the circumstances. Some of the factors that will be considered are: whether the offense is repeated despite coaching, counseling or training; the employee’s work record; and the impact the conduct and performance issues have on the organization. Conduct that is particularly concerning, including, without limitation, illegal conduct, theft, substance abuse, intoxication, fighting and other acts of violence at work may result in immediate termination. Employees will be provided with written notice and the opportunity to be heard when involving suspension, demotion, layoff, or removal, and of the reason for such action, in accordance with 24 A. V.S.A., § 13-1701(b). 4-7. Grievance Procedures This policy sets forth the grievance procedure available to a City employee who believes there has been a misapplication or misinterpretation of this handbook. If an employee is covered by a Collective Bargaining Agreement (CBA) that sets forth a different grievance procedure, the procedure in the CBA will be followed and this policy shall not apply. Employees and supervisors are encouraged, but not required, to attempt to informally resolve any concerns prior to the employee utilizing this procedure. The following general rights and responsibilities apply to the grievance process: Page | 36 • Each employee must strictly comply with the time limits set forth herein in order for the process to continue; failure by the City to comply with specified time limits shall not constitute approval of the grievance. If the City is not able to comply with the specified time limit, it shall be deemed denied and the employee shall move to the next step. The parties can also agree to an extension in order to receive or consider additional information. • Submission of a grievance to each step of the procedure shall be by way of a written statement dated and signed by the employee. • Each employee shall be entitled to the presence of a support person of their choice at each step of the grievance procedure. Each employee has the right to secure counsel to represent them at the final step of the grievance procedure at their own expense. • The grievance procedure shall not be available to temporary or seasonal employees, or to employees on initial probationary status. • All time limits set forth below shall consist of regular City workdays. The following outlines the steps in the City’s grievance procedures: Step 1 - The employee shall present the grievance to their Department Head, with a copy to the Human Resources Director, within five (5) working days of the occurrence that gave rise to the grievance. Any grievance submitted after 11:59 p.m. on the fifth (5th) working day after the occurrence that gave rise to the grievance shall be null and void. The Department Head, together with the employee's supervisor, may meet with the employee in an attempt to resolve the grievance. Within five (5) working days of the receipt of the grievance, the Department Head shall, in writing, notify the employee of their response. Step 2 - If the grievance is not resolved in Step 1, the grievant may, within five (5) working days of the Step 1 response, submit a written request to the City Manager to review the grievance. Any request submitted after 11:59 p.m. on the fifth (5th) working day after the Step 1 response shall be null and void, and the Step 1 response shall be final. Said request should include a statement explaining the grievant's dissatisfaction with the Step 1 response. The City Manager may meet with the grievant in an effort to resolve the matter. The City Manager may discuss the situation with the grievant's supervisor and/or Department Head and include them in the grievance process if appropriate. The City Manager shall, within five (5) working days of their receipt of the Step 2 grievance, provide the grievant with a written response, unless an alternative timeframe has been mutually agreed to in writing. Step 3 - If the grievance has not been settled in Step 2, the grievant may, by written request submitted to the Chair of the City Council and City Attorney within five (5) working days of the Step 2 response, request a hearing before the City Council. Any request submitted after 11:59 p.m. on the fifth (5th) working day after the Step 2 response shall be null and void, and the Step 2 Page | 37 response shall be final. The grievant may request either a public hearing or an executive session of the Council. The Council will hold the hearing not less than 10 workdays or more than 20 work days after the grievant’s request. The grievant shall be entitled to representation by counsel at their expense and may present written or oral argument. The Council shall provide a written decision within thirty (30) workdays of the hearing. The decision of the City Council is final and not subject to appeal. At any step in the grievance process, the Department Head, City Manager, or Council may invite witnesses or hold meetings to determine the facts of the case or to hear from different perspectives on an issue. 4-8. Recruitment and Talent Acquisition The City of South Burlington is committed to employing the best qualified candidates while engaging in recruitment, selection and talent acquisition practices that comply with all applicable employment laws. It is the policy of the City to provide equal employment opportunities to all applicants and employees. All postings and general recruiting procedures shall follow the guidelines outlined in the Governing Principles of Employment. Human Resources will work with Departments and hiring managers to recruit and fill vacant positions. Vacancies/Recruitment Guidelines The City of South Burlington utilizes an on-line applicant tracking system and talent acquisition system. All job vacancies (excluding appointed and department head position selected positions) must be processed and filled through this system. A step-by-step overview of the recruitment and selection process can be found on the HR portal: https://southburlingtonvt.gov/human_resources_for_employees/ 1. Before recruitment begins for a vacant position it is important to ensure the job description accurately reflects the current job duties and essential job functions of the position. Departments should review and update the job description as needed prior to beginning the recruitment process. Job descriptions should be approved by the City Manager and Human Resources. 2. All vacancies of a regular position shall be posted on the South Burlington Job Opportunities website for at least seven (7) days. Hiring Managers will coordinate other advertising locations with Human Resources. 3. Department Heads may request the extent to which a job posting is recruited for. With Human Resources approval, job postings may be open to: a. Internal Department Only b. Internal City of South Burlington Employees Only Page | 38 c. External 4. If a current City employee is interested in applying for a vacant position, they must apply for the position during the posting period in order to be considered. 5. A current employe who applies for and is hired into a new City position will serve another probationary period. 6. City employees who are currently under disciplinary action are not eligible to apply for a different position without authorization from the Department Head. 7. A vacancy being filled by a current City employee as a result of a department reorganization, or in lieu of a layoff, are not subject to these guidelines. Interview Process When a job posting closes and applications have been received, it will be the responsibility of Human Resources to do the initial screening of application materials and forward applications to Departments for interviews. Human Resources will conduct employee training on appropriate interview techniques and strategies. The interview process should remain as consistent, fair and unbiased as possible and include the following: 1. Screening Interview – This initial screening interview may be a telephone call, on-line video call or in person. Departments may choose to have Human Resources conduct the screening interview, or they may choose to bypass the screening interview and move straight to an in-person first interview. The intention of a screening interview is to identify candidates who have the knowledge, skills and abilities to do the job well. 2. In-Person Interview – A Department Head should designate an interview team to conduct in-person interviews. This team should be diverse in as many ways possible, for example, by gender, employee rank, supervisors, co-workers, colleagues from other departments, a member from HR, etc. Pre-scripted interview questions should be established and approved by Human Resources. Each candidate should experience a similar interview and consistency between candidates is important. Each interview team member will need to turn in all of their interview notes to Human Resources at the end of the search. Human Resources will retain the official search file and will ensure record retention procedures are followed. The Department Head may determine that a second in-person interview may be warranted. 3. Reference Checks – Once the top candidates for the position are identified, reference checks should be conducted. Top candidates should be informed by the Department Head that reference checks are going to be conducted. Applicants will be asked to provide 3 professional references. Departments or Human Resources should conduct reference checks to inquire about the knowledge, skills and abilities of the applicant and if the reference would recommend hiring the applicant. Page | 39 4. Offer Letters – The Department Head shall recommend an applicant to be hired to HR and the City Manager. Human Resources will collaborate with the City Manager and the Department Head on the details of the offer and hire. The City Manager or their designee are the only individuals authorized to sign the offer letter. Once the hire is authorized by the City Manager or their designee and the details are finalized, Human Resources will reach out to the applicant, make the offer and forward them the offer letter. An applicant must sign the offer letter to officially accept the position. New Employee Onboarding Hiring the best candidates is just the beginning of building an amazing workforce. Onboarding new employees is a comprehensive process and is much more than new hire paperwork and acquiring an email address. Human Resources will coordinate onboarding with Departments. 4-9. Outside Employment Employees generally are permitted to work a second job as long as it does not interfere with their job performance or create a conflict of interest with the City. 4-10. Internships The City periodically employs interns. The purpose of an internship should be to provide training, education and hands-on work experience to a current student. If the internship is to provide academic credit the Department must coordinate with the Educational institution to ensure the experience will meet their requirements. It is recommended that an internship be paid, however, it may be unpaid with the approval of the Human Resources Director. Guidelines 1. If the student is currently enrolled in classes, they cannot work full-time and it is recommended they work no more than 18 hours per week for a total period not to exceed 20 weeks. 2. If the student is not currently enrolled in classes, they may work full-time for a total period not to exceed 12 weeks. 3. Interns are not eligible for benefits including but not limited to insurance benefits, paid leave or holiday pay. 4. Interns are allowed a City email address to conduct City business. 5. Interns must have a valid driver’s license in order to drive a City vehicle. Process Page | 40 Department Heads who plan to add interns for specific assignments must submit a complete job description to Human Resources. The following must be included a) hours of work, b) duration of the expected work, and c) proposed rate of pay for the intern worker and associated available budgeted funds. 1. Once approved by Human Resources and the Finance Department the Department will submit the paperwork to Human Resources for intern offer letter and onboarding. 2. The process to hire an intern is the same as hiring a part-time or temporary employee (they must pass a criminal history/background check, complete new hire paperwork, etc.) 4-10. Dress Code and Grooming Each City employee contributes to the City’s culture and reputation in the way that they represent themselves. A professional appearance is essential to a favorable impression with co- workers and the public we serve. Except in cases where a uniform or protective personal equipment is required, or appropriate to the job function, the Dress Code is business casual, which allows employees to work comfortably in the workplace and maintain a professional image. Employees are expected to demonstrate good judgment when choosing work attire. Appropriate workplace dress does not include clothing that is dirty, too tight or revealing or clothing with rips, tears, or frays. Although it is impossible and undesirable to establish an absolute dress and appearance code, the City will apply a reasonable and professional workplace standard to individuals on a case-by-case basis, Management may make exceptions for special occasions or in the case of inclement weather, at which time employees will be notified in advance. An employee who is unsure of what is appropriate should check with their manager or supervisor. On Fridays, the dress code is more casual, and employees may wear jeans unless the events of the day require business casual. Employees are expected to dress in clothing that is neat and clean. Managers may exercise reasonable discretion to determine appropriateness in employee dress and appearance. Employees who do not meet dress code standards may be sent home to change, and nonexempt employees will not be paid for that time. Reasonable accommodations will be made where required. Managers are expected to dress Business Casual when meeting with City Council and members of the community. Basic Guidelines Page | 41 Business casual dress is defined as follows: Casual shirts: All shirts with collars, business casual crewneck or V-neck shirts, blouses, and golf and polo shirts. Examples of inappropriate shirts include T-shirts, shirts with inappropriate slogans or graphics, tank tops, muscle shirts, camouflage and crop tops. Pants: Casual slacks and trousers without holes, frays, or tears. Examples of inappropriate pants include shorts, camouflage, and pants worn below the waist or hip line. Footwear: Casual slip-on or tie shoes, dress sandals, and clean athletic shoes. Examples of inappropriate footwear include flip-flops and construction or hunting boots. Hygiene Every employee is expected to practice daily hygiene and good grooming habits. Jewelry Where job duties present any type of safety risk, jewelry may be prohibited or limited. Exceptions Employees seeking an exception from any of the above standards should speak with their Department Head and/or Human Resources Director. 4-11. Travel Reimbursement Professional development and training are important tools for remaining current in our respective fields and for generating new ideas and best practices for our organization. Attendance at national, regional, state and local conferences when feasible and within budget restraints are encouraged. Additionally, travel may be required as part of employee’s job duties. Attendance Department Head attendance and expense reimbursements must be approved by the City Manager. Department Heads may approve conference attendance and expense reimbursements for their staff. Attendance at overnight conferences must be approved by the City Manager. There are no pre-established limits other than employee time and available funding. Attendance at multiple national or out of state regional conferences in a year will be reviewed closely for specific benefits and purposes for the City. Single day in-state training sessions or small conferences such as those offered by the Vermont League of Cities and Towns and other similar entities do not require prior approval of the City Page | 42 Manager and may include volunteers on boards, commissions or committees at the discretion of the Department Head and subject to available funds. Expenses Expense reimbursement requests must be submitted within thirty (30) days after initial payment. Unless otherwise articulated through collective bargaining agreements, the City will pay for the following: 1. Conference Registration Fee – The registration fee is the cost of attending the conference for the City employee. Registration fees for non-city employees will not be covered unless specific permission is given by the City Manager. 2. Conference Events – Many conferences have connected events such as an evening reception, facility tours, etc., which require a special fee. Interaction with peers and colleagues is a key benefit of conferences and therefore such events will be covered. This does not include pre or post conference events or day long excursion “site seeing” type events. Special approval may be granted by the City Manager. 3. Lodging – The City will pay the direct cost of lodging for those nights that the conference is in session. Lodging will be at a conference sponsored hotel unless otherwise approved by the City Manager. Depending on the location, this may include the night before the conference begins so that attendance in the morning is possible. Additional nights for personal visiting will not be paid for by the City. If the schedule is in question, approval may be granted by the City Manager. 4. Meals – Direct meal costs will be reimbursed up to the IRS Per Diem Meal allowance for the specific city/state the conference is held. For reimbursement, the employee must provide a receipt that details the actual food and drinks to be reimbursed. Alcohol will not be reimbursed, and credit card receipts that only include the amounts spent and not the specific details of the meals will not be accepted. If meals are included in the registration fee, they will not be reimbursed separately. Tips should be reasonable and if more than 20% may be denied and ultimately the responsibility of the employee. 5. Travel - Direct travel expenses include use of a municipal vehicle if one is available to the employee, direct mileage reimbursement at the IRS mileage rate for use of a personal vehicle including travel to and from airports or rail stations, airplane tickets to the conference destination, airline baggage fees for up to one bag, rail tickets to the conference destination, taxi cab or shuttle fare (including tip) to and from airport or train station and hotel, direct parking expenses for vehicles either at the conference site or at the local airport while away. All direct travel expenses must be documented with receipts and/or mileage voucher. Alternate travel arrangements to cities other than the conference Page | 43 destination must be approved in advance by the City Manager. Direct travel expenses cover city employees only unless approved in advance by the City Manager. 6. Special Circumstances - On occasion, a non-city entity may pay for conference attendance by a City employee. Employees attending such conferences in their capacity as City officials will comply with the City’s ethics policy to be certain that the outside sponsorship does not create a conflict of interest or appearance of conflict of interest. If employees attend conferences in their capacity as City officials and receive compensation or stipend for their appearances, they will forward said compensation to the city who will be paying the employee during that time. If the employee is attending as a private citizen, contractor, consultant, etc. they will use approved leave time during the conference. In the event that there is some blending of the city official and private roles at a particular conference, all arrangements and expenses shall be specifically approved by the City Manager in advance. 7. It is understood that departments will establish their own applicable travel-pay policies in consultation with Human Resources. 4-12. Social Media Acceptable Use The City respects the right of any employee to maintain a personal web page or to participate in social networking such as Facebook, Instagram, Twitter/X, or similar site (hereafter “online public social communication”). To protect City interests, hold the trust of the community, and ensure employees focus on their job duties, employees must adhere to the following guidelines: • Employees may not post to or participate in online public social communication during work time or at any time using City equipment. • All rules regarding confidential and proprietary business information apply in full to all online public social communication. Any information that cannot be disclosed through a conversation, a note, or an e-mail also cannot be disclosed on a blog, web page or social networking site. • Any post to an online public social communication that expresses either a political opinion or an opinion regarding the City’s actions must explicitly state that the opinion expressed is the employee’s personal opinion and not the City’s position. • Any conduct that is impermissible under the law if expressed in any other form or forum is impermissible if expressed through online public social communication. For example, posted material that is discriminatory, obscene, defamatory, libelous, or violent is strictly forbidden. City policies apply equally to employee social media usage. When using social media pages controlled by the City, or in the course of conducting City business, the following guidelines must be followed: Page | 44 • All online public social communication about City business shall be conducted through official City channels and with the guidance of the Communications & Outreach Coordinator • Employees using online public social communication as a function of their job must have prior approval from their Department Head and the IT Director. • Employees engaging in online public social communication in an official capacity outside of official City channels must disclose their job title or function. • Be honest and accurate, and if you make a mistake, correct it quickly. • Posting offensive, obscene, threatening, or abusive content on City social media sites is strictly prohibited. To maintain the civility and integrity of online public social communication controlled by the City: • After following public records laws, the City may remove any user comments it deems inappropriate, abusive, vulgar, offensive, threatening, or harassing. • The City will not engage in discourse via public comments or posts. • The City may, in its discretion, reply privately to individual user questions asked via online public social communication. Such replies should still be considered public. • The City will remove posts or comments used for political and commercial purposes or for soliciting funds. Gratuitous links to sites are viewed as spam and will result in removal of the comment. The City encourages all employees to be mindful of the speed and manner in which information posted to an online public social communication site is received and potentially misunderstood by readers, and to use their best judgment when interacting online. Employees with any questions should review the guidelines above and/or consult with their Department Head. Failure to follow these guidelines may result in discipline, up to and including termination. Nothing in this policy is intended to interfere with employees’ rights under Section 7 of the National Labor Relations Act. Any violations or perceived violations of this policy will be carefully examined to avoid any potential violation of Section 7 rights. 4-13. Solicitation The purpose of this policy is to establish the City’s intent to have a work environment that is free from solicitation efforts that do not relate the City Business or interest. While the City actively encourages employees’ participation in community activities and organizations outside of work, the time spent at work is more productive and pleasant when not interrupted by solicitations and distribution of materials by employees. The City reserves the right to support City sponsored events. Page | 45 Employees should be able to work in an environment that is free from unnecessary annoyances and interference with their work. In order to protect our employees and visitors, solicitation by employees is strictly prohibited while either the employee being solicited or the employee doing the soliciting is on “working time.” “Working time” is defined as time during which an employee is not at a meal, on break, or on the premises immediately before or after a shift. Employees are also prohibited from distributing written materials, handbills, or any other type of literature on working time and, at all times, in “working areas,” which include all office areas. “Working areas” do not include break rooms, parking lots, or common areas shared by employees during nonworking time. Nonemployees may not trespass or solicit or distribute materials anywhere on City property at any time. Nothing in this policy is meant to, nor should it be interpreted to, in any way limit employees’ rights under any applicable federal, state, or local laws, including rights under the VMLRA or NLRA to engage in protected concerted activities with other employees to improve or discuss terms and conditions of employment, such as wages, working conditions, and benefits. Employees have the right to engage in or refrain from such activities. 4-14. Computers, Internet, E-Mail, and Other Resources City-provided portable communication devices (PCDs), including smart phones, cell phones, and radios, should be used primarily for City purposes. Employees have no reasonable expectation of privacy regarding the use of such devices, and all use is subject to monitoring, to the maximum extent permitted by applicable law. This includes as permitted the right to monitor personal communications as necessary. Employees eligible to receive a PCD paid for by the City include the City Manager, Deputy City Manager, Department Heads, Deputy Department Heads, IT Department Staff, Public Safety professionals with the approval of the relevant Chief, and any other staff person as recommended by the Department Head and approved by the City Manager. Eligible employees who prefer to use their personal cell phone for business purposes may elect to receive a cell phone stipend in lieu of a cell phone. The amount of the cell phone stipend will be set by the Director of Finance, and all employees receiving a stipend will receive the exact same amount. The City Manager may authorize a City paid cell phone or stipend to any employee as needed. Some employees may be authorized to use their own PCD for City business purposes. These employees should work with the IT department to configure their PCD for City use. Communications sent via a personal PCD also may be subject to monitoring if sent through the City’s networks and the PCD must be provided for inspection and review upon request. Page | 46 All conversations, text messages and e-mails composed or sent by employees must be professional. When sending a text message or using a PCD for business purposes, whether it is a City-provided or personal device, employees must comply with applicable City guidelines, including policies on sexual harassment, discrimination, conduct, confidentiality, equipment use and operation of vehicles. Using a City-issued PCD to send or receive personal text messages and calls during working hours should be kept to a minimum. If an employee who uses a personal PCD for City business separates from employment, the employee will be required to submit the device to the IT department for resetting on or before their last day of work. At that time, the IT department will reset and remove all information from the device, including but not limited to, City information and personal data (such as contacts, e- mails and photographs). The IT department will make efforts to provide employees with the personal data in another form (e.g., on a disk or flash-drive) to the extent practicable; however, the employee may lose some or all personal data saved on the device. Employees may not use their personal PCD for business unless they agree to submit the device to the IT department on or before their last day of work for resetting and removal of City information. This is the only way possible to ensure that all City information is removed from the device at the time of termination. The removal of City information is crucial to ensure compliance with the City’s confidentiality and proprietary information policies and objectives. Please note that whether employees use their personal PCD or a City-issued device for business purposes, the City’s electronic communications policies, including but not limited to, proper use of communications and computer systems, remain in effect. 4-15. Use of Facilities, Equipment and Property, Including Intellectual Property The term “property” is intended as an all-inclusive term to cover all items owned, rented or leased by the City, including all office and computer equipment, telephones, machinery, vehicles or any other items. City property shall be used only for official City business or activities and may not be utilized for other purposes unless the employee obtains written approval by the appropriate Department Head or City Manager. Employees, including volunteers and interns, entrusted with the use of City property are responsible for using it in an appropriate manner. The defacement, vandalism, destruction or reckless use of City property by an employee is expressly prohibited. Violation of any provision of this policy may result in disciplinary action up to and including termination and full restitution for any costs to the City. Page | 47 Employees should notify their Supervisor if any equipment, machines, or tools appear to be damaged, defective, or in need of repair. Prompt reporting of loss, damages, defects, and the need for repairs could prevent deterioration of equipment and possible injury to employees or others. The Supervisor can answer any questions about an employee’s responsibility for maintenance and care of equipment used on the job. Employees are also prohibited from any unauthorized use of the City’s intellectual property, such as audio, or video. Improper, careless, negligent, destructive, or unsafe use or operation of equipment can result in discipline, up to and including discharge. Further, the City is not responsible for any damage to employees’ personal belongings unless the employee’s Supervisor/Manager provided advance approval for the employee to bring the personal property to work. 4-16. Publicity/Statements Made to the Media Any official external communication must be done in accordance with the City’s Communications Policy and reviewed and approved by the department head or designated employees. Media inquiries received by any City employee which are not public-safety-related should be referred immediately to the designated departmental communication officer. Department communication officers may respond directly to inquiries, but the City Manager and Communications & Outreach Coordinator must be notified. Public safety, crime, and prevention media notices, media outreach, and advisories are coordinated and disseminated by the Police Chief, Fire Chief, or their designees. The Police Chief, Fire Chief, or their designees may respond directly to inquiries. The City Manager and Communications & Outreach Coordinator shall be notified as appropriate. Press releases may be composed by the Communications & Outreach Coordinator, members of the Leadership Team, and the communications officer of the Police and Fire Departments (approved by Fire or Police Chief). All routine press releases must be submitted to the Communications & Outreach Coordinator for review, approval, and distribution. Emergency or time-sensitive public safety, crime, and prevention press releases are coordinated and disseminated by the Police Chief, Fire Chief, or their designees. The Police Chief, Fire Chief, or their designees shall blind copy the City Manager, Deputy City Manager, Communications & Outreach Coordinator, and City Council members on all press releases. Page | 48 Section 5 - Time Off and Leaves of Absence 5-1. Holidays Full-time employees will be paid for the following 12 holidays (contract employees follow the holiday schedule outlined in the CBA contract): 1. New Year’s Day 2. Martin Luther King Jr. Day 3. Presidents’ Day 4. Memorial Day 5. Independence Day 6. Bennington Battle Day 7. Labor Day 8. Indigenous Peoples Day 9. Veterans Day 10. Thanksgiving Day 11. Day after Thanksgiving 12. Christmas Day When holidays fall or are celebrated on a regular work day, non-exempt hourly employees will receive one (1) day's pay at their regular straight-time rate. Non-exempt hourly employees who are called into work on a holiday will receive one (1) day's pay at their regular straight-time rate, and an additional payment of time and a half for the actual time they work that day. When holidays fall on the weekend, the holiday will be observed on the prior Friday or following Monday (to be determined annually at time of holiday). If a holiday falls within an eligible employee's approved vacation period, the eligible employee will be paid for the holiday (at the regular straight-time rate) and will not need to utilize vacation leave for the holiday. If a holiday falls within a jury duty or bereavement leave, the eligible employee will be paid for the holiday (at the regular straight-time rate) and will not need to utilize paid leave for the holiday. Department Heads may approve that an employee work on a scheduled holiday and take the actual time worked off on another day. Department Heads can authorize an employee to work up to 4 schedule holidays and take that time off on different days. The banked holiday must be earned before it can be used. Page | 49 For example, if an employee does not celebrate Christmas, and would rather have off another day a Department Head may authorize the employee to work on Christmas Day and take off another day after Christmas. 5-2. Vacation The City recognizes the importance of time off from work to rest and rejuvenate, spend time with family and enjoy leisure activities. The City provides paid Vacation time to full-time employees for this purpose, and employees are encouraged to take vacation during the year. The time that is not covered by the Vacation policy, and for which separate guidelines and policies exist, include paid holidays, paid sick time, paid bereavement, paid military leave and required jury duty. Vacation Eligibility: Full-time employees (including probationary employees) are eligible for Vacation and begin accruing Vacation upon hire. Temporary, Seasonal, and Part-Time employees are not eligible for Vacation. Eligible employees will accrue Vacation per month based on their length of service with the City as defined below. Vacation Time will be credited as earned on the 1st of every month according to the following schedule: Vacation Accrual Schedule Service Period Vacation Accrual Year 1, 2 and 3 8.33 hours per month (12.5 days per year) Year 4 thru completion of 9 11.67 hours per month (17.5 days per year) Year 10 thru completion of 15 15 hours per month (22.5 days per year) Year 16+ 18.33 hours per month (27.5 days per year) Upon hiring, HR and the City Manager may place a non-union employee at a higher vacation accrual rate based on experience. Department Heads accrue vacation at 15 hours per month. At the start of their sixth year of employment with the City, their accrual increases to 18.33 hours per month. Vacation Guidelines: • New Employees will accrue Vacation on the first pay period of the following month after their start date. For example, an employee hired on February 15th will receive their Vacation leave accrual on the first pay period in March. • Employees may not take Vacation until they have earned or accrued it. Page | 50 • A non-probationary employee may be forwarded up to 40 hours of Vacation with the approval of the City Manager. • Vacation usage must be pre-approved by the employee’s supervisor or Department Head. Generally, employees should submit vacation plans to their supervisor at least four weeks in advance of the requested vacation date. Managers reserve the right to deny vacation requests in order to maintain operations. • Vacation should be used in the year it is earned. • Effective July 1, 2024, the maximum amount of accrued Vacation will be 400 hours. After an employee reaches 400 hours of Vacation they will no longer accrue until their balance is below 400 hours. • Vacation taken will be subtracted from the employees accrued Vacation bank in half hour increments. • Conflicts in employee Vacation leave scheduling will be resolved by the Department Head by way of seniority and the date the employee requests the Vacation leave. • Vacation Buyout - An employee may elect to turn in forty (40) hours Vacation leave with the approval of the City Manager. Request for payout must be submitted by December 15th for payout in the last pay period of December. 5-3. Sick Leave In accordance with the Vermont Earned Sick Time Act, the City provides all eligible employees with paid sick leave. An employee may use accrued earned sick leave for the following reasons: • The employee’s own illness or injury. • The employee’s own professional diagnostic, preventive, routine or therapeutic health care and medical procedures. • To care for an employee’s parent, grandparent, spouse/partner, child, sibling, parent-in- law, grandchild, or foster child, who is suffering from a physical or mental illness, injury, or medical condition that requires home care, professional medical diagnosis or care, or preventative medical care. • To care for the employee’s sick or injured parent, grandparent, spouse, child, brother, sister, parent-in-law, grandchild, or foster child, including helping that individual obtain diagnostic, preventative, routine, or therapeutic health treatment, or accompanying the employee’s parent, grandparent, spouse, or parent-in-law to an appointment related to their long-term care. Routine healthcare treatment includes travel to and from an appointment, a pharmacy, or other location related to the purpose for which the time was taken. Page | 51 • Arranging for social or legal services or obtaining medical care or counseling for the employee or for the employee’s parent, grandparent, spouse/partner, child, sibling, parent-in-law, grandchild, or foster child, who is a victim of domestic violence, sexual assault, or stalking or who is relocating as the result of domestic violence, sexual assault, or stalking. Sick Leave Eligibility & Accrual: • Full-time employees earn twelve (12) hours per month of sick leave. Sick leave is credited the 1st pay period in each month. Per the Vermont Sick Leave Law, part-time employees who work a minimum of eighteen (18) hours per week and work more than 20 weeks will earn one (1) hour of sick leave per fifty-two (52) hours worked. Employees who do not work more than 20 weeks will not earn sick leave. For example, a seasonal employee may only work during the summer (12 weeks) and is therefore not eligible to earn sick leave. • New Employees will accrue sick leave on the first pay period of the following month after their start date. For example, an employee hired on February 15th will receive their sick leave accrual on the first pay period in March. Sick Leave Provisions: • Effective July 1, 2024, any employee whose unused sick leave balance is less than 600 hours will be capped and will not accrue more than 600 hours of sick leave. . • An employee planning to use earned sick time should make reasonable efforts to avoid scheduling routine or preventive health care during regular work hours, or to notify the employer as soon as practicable of the intent to take earned sick time and the expected duration of the employee’s absence. • If an employee is planning to use earned sick time in advance, for example, for a medical appointment or procedure, the employee should acquire pre-approval of the absence by their immediate supervisor or Department Head. • If an employee is sick or injured and cannot report for work, they should notify their immediate supervisor or Department Head at least one hour before their shift starts. • The notice required to be given for unforeseeable absences is what is reasonable under the circumstances, recognizing that there are certain situations such as accidents or sudden illness for which advance notice might be infeasible. • Sick leave may not be used prior to being earned. • Sick leave may be used for emergent childcare situations. • Sick leave may not be forwarded or allowed to go into a negative balance. This time will be unpaid. • Sick leave is to be used in half hour increments. Page | 52 • Sick leave is not intended to be used as a substitute for Vacation days. • Accrued but unused sick leave will carry over from one year to another. • Accrued but unused sick leave will not be paid out at the end of employment. • Accrued but unused sick leave will be paid out at 50 % at retirement. Retirement is defined by VMERS retirement guidelines. • If an employee misses three or more consecutive days because of illness, the City may require the employee to provide a physician’s written permission to return to work. Human Resources may require an employee to provide reasonable documentation that the employee’s use of sick time is for one of the reasons specified above. Human Resources may also require a "return to work" note to ensure the employee is fit for duty to perform the essential functions of the job without risk to the employee, co-workers, or the public prior to returning to work. Donation of Sick Leave The City recognizes that employees may have a family emergency or a personal crisis that causes a severe impact to them resulting in a need for additional time off in excess of their available sick time. To address these needs, all eligible employees may be allowed to donate sick leave from their unused balance to their co-workers in need in accordance with the policy outlined below. This policy is strictly voluntary. Donation and Request Guidelines Employees who would like to make a request to receive donated sick leave from their co-workers must have a situation that meets the following criteria: Personal/Family Health Related Emergency - critical or catastrophic illness or injury of the employee or an immediate family member that poses a threat to life and/or requires inpatient or hospice health care. Immediate family member is defined as spouse, child, parent, sibling or other relationship in which the employee is the legal guardian or caretaker. Other Personal Crisis- A personal crisis of a severe nature that directly impacts the employee. This may include, but not limited to; a natural disaster impacting the employee's primary residence such as a fire or severe storm; a severe medical situation where the employee is not capable of performing any work and is in need of donated leave to pay for health insurance. Donated leave program is not intended to replace an entire employee’s paycheck, but rather allow the employee to continue to maintain employment and insurance coverage. Employees who donate sick time from their unused balance must adhere to the following requirements: Page | 53 • Employees who donate sick time must have been employed with the City for a minimum of one (1) year. • Donation minimum - ten (10) hours. Donation maximum - 100 hours. • Employees who receive donated sick time may receive no more than 480 hours (12 weeks) within a rolling twelve (12) month period. • Time donated to employees shall be converted to the recipient's "straight time hourly rate". • Time donated and paid to an eligible employee shall not be used to accumulate service credits, retirement credits, or sick and annual accruals. Donated sick time shall be used for "pay purposes" only during active employment. • Employees who are currently on an approved leave of absence cannot donate sick time. • Employees who have provided notice of resignation from employment cannot donate sick time. • Employees who have a severe discipline history for absenteeism may not be eligible to receive donations of sick time. • Employees who are receiving wages from an alternative source, i.e. Disability, Workers Compensation, etc. shall not be eligible for donated sick leave. • Employees who are on FMLA leave without pay shall be eligible for donated sick leave. Should employees return to work prior to exhausting the donated sick leave, said sick leave shall be forfeited. Note: Employees who donate time must have at least eighty (80) hours available and will not be permitted to exhaust their balances due to the fact that they may experience their own personal need for time off. Employees cannot borrow against future sick time to donate. Employees receiving time must have a zero balance in sick time. PROCEDURES: 1. Employees who would like to make a request to receive donated sick leave are required to complete a Donation of Sick Leave Request Form which includes authorization to present their request to the employees of the City for the sole purpose of soliciting donations. 2. Employees who wish to donate sick leave to a co-worker in need must complete a Donation of Sick Leave Form. 3. All forms should be returned to the department of Human Resources. APPROVAL: 1. Requests for donations of sick leave must be approved by the Director of Human Resources. Page | 54 2. If the recipient employee has available sick leave in their balance, this time will be used prior to any donated sick leave. 3. Donated sick leave may only be used for time off related to the approval request. 4. Sick leave donated that is in excess of the time off needed will be forfeited. 5-4. Family and Medical Leave The City provides family and medical leave for eligible employees as required under the Federal Family and Medical Leave Act and the Vermont Parental and Family Leave Act, or other applicable state leave law (collectively referred to as FMLA below). Eligibility An employee is eligible for family and medical leave if: • The employee has been employed with the City for at least twelve (12) months (these do not have to be consecutive months); and • The employee has worked at least 1250 hours for the City (not including any unpaid leave or other unpaid time off), or for an average of thirty (30) hours per week during the 12- months immediately preceding the leave. Employees who do not meet these two criteria are not entitled to family and medical leave. Family and medical leave may be taken for any of the following purposes: • For the birth of a child (including prenatal care for the mother) and to care for the newborn child; • For the placement of a child with the employee for adoption or foster care (including court or counseling proceedings necessary for the adoption); • To care for an immediate family member with a serious health condition; • Because of a serious health condition that makes the employee unable to perform the functions of the employee’s job; • Because an eligible employee has a spouse, child or next-of-kin who is injured or recovering from an injury while on active duty; or • To allow an eligible employee who has a spouse, child or parent in the National Guard or Reserves or the Regular Armed Forces to take FMLA leave due to a qualifying exigency resulting from the covered family member’s active military duty (or call to active duty status) in support of a contingency operation who is deployed to a foreign country. An “immediate family member” means a child, foster child, stepchild or ward, which lives with the employee, parent, spouse, domestic partner, or parent of the employee’s spouse or domestic Page | 55 partner. “Next-of-kin” is defined as the closest blood relative of the injured or recovering servicemember. A “serious health condition” means an illness, injury, impairment, accident, disease, or physical or mental condition that: • Poses imminent danger of death; • Requires inpatient care in a hospital, hospice, or residential medical care facility; • Requires continuing in-home care under the direction of a physician; or • Requires continuing treatment by a health care provider involving a required absence of more than three (3) consecutive calendar days (including any subsequent treatment or period of incapacity relating to the same condition), that also involves: o Treatment two (2) or more times by a health care provider (including Physician’s Assistant), by a nurse, or by a provider of health care services (e.g., physical therapist) under the order of, or on referral by, a health care provider. Those two (2) visits must be within 30 days of each other. The 30-day rule begins with the first day of incapacity, not the first office visit; or o Treatment by a health care provider on at least one (1) occasion which results in a regimen of continuing treatment under the supervision of the health care provider. That visit must occur within seven (7) days of the first day of incapacity. For chronic conditions, the individual must receive medical treatment on at least two (2) visits to the health care provider every year. Note: Treatment requires an in- person visit with the health care provider for examination, evaluation or specific treatment; a phone call, letter, fax, email or text message is not sufficient. • A chronic or long-term condition for which treatment may be ineffective; • Absences for multiple treatments and recovery if the untreated condition likely would result in incapacity for more than three (3) days; or • Incapacity related to pregnancy or prenatal care. Amount of Leave An eligible employee is entitled to take: • Up to twelve (12) weeks of unpaid leave before or following the birth or adoption of a child; or • Up to twelve (12) weeks of unpaid leave during any twelve (12) month period for the serious health condition of the employee or an immediate family member. • Up to twenty-six (26) weeks of unpaid leave during any twelve (12) month period for military caregiver leave, as described below. Page | 56 The twelve (12) month period begins with the first day of the employee’s first family and medical leave. Leave for the birth or care of a newborn or placement for adoption or foster care of a child must conclude within twelve (12) months of the birth or placement. Military Family Leave Entitlements: Qualifying Exigency Leave - Up to twelve (12) weeks of unpaid leave for certain qualifying exigencies arising out of a covered military member’s active duty status, or notification of an impending call or order to active duty status, in support of a contingency operation that requires the covered military member be deployed to a foreign country. Covered military members include members of the Regular Armed Forces, in addition to member of the National Guard and Reserves. Employees requesting this type of leave must provide proof of the qualifying family member’s call-up or active military service before leave is granted. “Qualifying Exigencies” are short-notice deployment, military events and related activities, childcare and school activities, financial and legal arrangements, counseling, 5 days to maximum of 15 days for rest and recuperation to match the military member’s rest and recuperation orders, post-deployment activities, attending funeral services, and additional activities agreed to by the employer and the employee. Military Caregiver Leave - Up to a combined total of twenty-six (26) weeks of unpaid leave in a single 12-month period to care for a covered servicemember or veteran recovering from a serious injury or illness incurred in the line of duty on active duty. The FMLA’s definition of “serious injury or illness” includes serious injuries or illnesses that result from preexisting conditions. Eligible employees are entitled to a combined total of up to twenty-six (26) weeks of all types of FMLA during the single 12-month period. Employees requesting this type of FMLA leave must provide certification of the family member’s or next-of-kin’s injury, recovery, or need for care. Parental Care Leave - An eligible employee may take qualifying exigency leave to care for the parent of a military member, or someone who stood in loco parentis to the military member, when the parent is incapable of self-care and the need for leave arises out of the military member’s covered active duty or call to covered active-duty status. Intermittent Leave or a Reduced Work Schedule If eligible to do so, an employee may take FMLA leave in consecutive weeks, may use the leave intermittently (take a day periodically when needed over the year) or, under certain circumstances, may use the leave to reduce the work week or workday, resulting in a reduced Page | 57 work schedule. In all cases, the leave may not exceed a total of 12 work weeks (or 26 work weeks to care for an injured or ill service member over a 12-month period). If medically necessary, the City may provide employees with a reduced schedule or intermittent leave. In the case of a reduced schedule, the City and the employee should discuss the type of schedule that would meet both the employee’s and the City’s needs. The City will make the final determination regarding any reduced schedule. If an employee requests an intermittent leave, the employee may be required to transfer to an alternative position (with equivalent pay and benefits) in order to better accommodate repeated periods of absence. Notice An employee who requests to use family and medical leave must provide written notice to the City with at least thirty (30) days advance notice of the need to take leave, if the need for leave is foreseeable. If an employee fails to give appropriate notice of a foreseeable leave, the leave may be delayed until the appropriate notice time is met. If the need for leave is not foreseeable that far in advance the employee must give reasonable written notice as soon as possible – usually within one (1) or two (2) days of learning of the need for leave. If the leave is for a planned medical treatment or for intermittent leave, the employee must make a reasonable effort to schedule the leave so that it does not unduly disrupt the operations of the employee’s department. Notice must be in writing and should include the reason for the leave, the date it is expected to begin, and its estimated duration. Once the Human Resources Department receives and reviews the request, the employee will be given a written response within five (5) business days outlining the details of the leave, when/how to return to work, and notification of specific expectations and obligations related to use of FMLA, such as whether medical certification is required and the arrangements for employee payments of healthcare premiums during the leave, if applicable. ** Note: If an unforeseeable illness arises, an employee must leave a message with Human Resources and notify their supervisor as soon as possible, hopefully no later than one (1) hour after the start of their shift. An employee should personally speak with their supervisor unless the emergency situation prevents the employee from contacting their supervisor personally. If the employee is unable to contact their supervisor personally, the employee should contact Human Resources. Page | 58 ** Required Documentation of the Covered Family Member’s Active Duty or Call to Active Duty in the Armed Forces – An employee requesting this type of servicemember FMLA leave must provide proof of the qualifying family member’s call-up or active military service. This documentation may be a copy of the military orders or other official Armed Forces communication from the U.S. Department of Defense. ** Required Documentation of the Need for Servicemember FMLA Leave to Care for an Injured or Ill Servicemember or Veteran – An employee requesting this type of Servicemember FMLA leave must provide documentation of the family member’s or next-of-kin’s injury, recovery, or need for care. This documentation may be a copy of the medical information, medical certification regarding treatment, or other official Armed Forces communications pertaining to the service member’s or veteran’s injury or illness. Use of Paid and Unpaid Leave An employee may use any accrued paid time off during FMLA leave; accrued paid time off may not be used to extend the leave beyond twelve (12) weeks in any 12-month period. If an employee is eligible for short-term disability, worker’s compensation benefits or other benefit plan, they may not use short-term disability pay, long-term disability insurance, or worker’s compensation pay to extend the leave beyond twelve (12) weeks in any 12-month period, except to the extent required by law. Vermont PFLA (or other state leave law) and federal FMLA leave run concurrently. While the employee is out on leave, all employee benefits shall continue under the same condition as when the employee was working, up until the end of the twelve (12) week FMLA leave period or up to the end of the twenty-six (26) weeks of Military Caregiver Leave, unless the employee would have been laid off or terminated had they continued to work or unless other conditions allowed by law apply. Coverage may cease if an employee fails to pay their portion of the cost of any of those benefits. If an employee does not return to work at the City at the end of their leave, except because of an employee’s own serious illness, they may be required to repay the value of any compensation or benefits paid during the leave except for the period when an employee has used accrued paid time off. Certification For any leave for a serious health condition that is expected to last three (3) days or more, the City may require an employee to provide medical certification issued by a health care provider. Once the City requests medical certification, it must be provided no more than fifteen (15) calendar days after the request or the beginning of the leave, whichever is later. The medical Page | 59 certification should include the date the condition began, its probable duration, an explanation of the condition, and documentation of the need for leave from work. The City may require an employee to provide an updated medical certification, particularly if a question arises about the need for continued leave. The City may also require a “fitness for duty” certification from any employee, which certification must be provided prior to that employee’s return to work. The City may, at its expense, obtain a second opinion by a health care provider of the City’s choice. If that provider disagrees with an employee’s provider, a third opinion (by a provider jointly chosen by the employee and the City) shall be final and binding. Return to Work Except in certain limited circumstances, employees returning from family and medical leave will return to the same job or one that is equivalent in pay, benefits, and other terms and conditions. If an employee is not eligible for reinstatement, notice will be provided upon request of the leave. If an employee had already received or given notice that their employment would end or if during the leave the employee would have been laid off or terminated had they continued to work, they will not be reinstated. The City will reasonably accommodate any employee with a disability, released to return to work, in accordance with applicable laws. If an employee fails to provide appropriate notice or medical certification as required above or does not return to work at the end of family/medical leave, the leave may be denied or employment terminated. If the employee is not able to return to work at the end of the twelve (12) week family/medical leave or the twenty-six (26) weeks of Military Caregiver Leave, employment may terminate. However, if an employee is able to return to work in the future, they may apply for any suitable position for which they are qualified. No Retaliation The City will not interfere with, restrain, or deny the exercise of any rights under FMLA. Employees who request family/medical leave or complain about FMLA or PFLA violations may not be discharged or be subjected to retaliation or discrimination because of that action. Page | 60 5-5. Military Leave The City recognizes that employees may need to be absent from work to serve in the US military. The City provides military service leaves of absence to all regular full-time, part-time, and probationary employees in compliance with the Uniformed Services Employment and Reemployment Rights Act (USERRA) and 21 V.S.A. Subchapter 5 of the Vermont statutes. Procedures If an employee needs to take military service leave, the employee should provide advance notice to their supervisor or Human Resources. When possible, the employee should give at least 30 days’ notice of the request for leave. If 30 days’ notice is not possible because of military necessity or for other reasons, the employee should give as much advance notice to the City as possible. Eligible Military Service. Eligible employees may take leave under this policy for the following types of military service: • Active duty. • Active duty for training. • Initial active duty for training. • Inactive duty training. • Full-time National Guard duty. • Submitting to an examination to determine the employee’s fitness for any of these services. • Funeral honors duty performed by National Guard or Reserve members. • Duty performed by intermittent disaster response personnel for the Public Health Service and approved training to prepare for this service. • Service as an intermittent disaster response appointee of the National Disaster Medical System when employees are: o activated under federal authority; or o attending authorized training in support of a federal mission. Compensation During Leave The employee will be paid the difference between military pay and City pay provided that the City pay is higher. The calculation of Military Pay versus Net City pay and resulting reimbursement if appropriate shall be as follows: Page | 61 • Military basic pay only used. • Excludes Housing allowance, subsistence allowance, enlisted allowance, grade allowance, family separation allowance, hazard duty, hostile fire pay, and other similar allowances. • Deductions reimbursable to the City: o Health Benefits (if remaining under City plan) o City Public Safety Pension contributions o 457 Pension Plan (if applicable and options) o Union Dues (unless waived by the union) A timeframe for reimbursement will be determined between the employee and the city. Benefits During Leave During military service leave, all benefits provided under an employee benefit plan are governed by the terms and conditions of the applicable employee benefit plan documents in accordance with applicable law. For all other non-seniority benefits, an employee on military service leave will receive the same rights and benefits as employees on an unpaid leave of absence. Any absence for military training or State active duty shall not affect the employee’s right to receive normal vacation, sick leave, advancement, and other advantages of employment normally to be anticipated in the employee’s particular position. Reemployment Employees may be eligible for reemployment after their military service leave. Any employee who would like to return to work must report to work or submit an application for reemployment to the Human Resources Department, including their military discharge documentation, if available, as follows: • If their military service was for less than 31 days, they must report to work on the first regularly scheduled workday that is at least eight hours after they return home from military service. • If their military service was for 31 to 180 days, they must apply for reemployment within 14 days following completion of military service. • If their military service was for more than 180 days, they must apply for reemployment within 90 days following completion of military service. • If they suffered a service-connected injury or illness and they are hospitalized or convalescing, they have up to two years following completion of military service to return to their jobs or apply for reemployment, depending on the length of recovery time required. Page | 62 If any employees are unable to comply with this reporting schedule through no fault of their own or if they are injured or recovering from an injury and need an accommodation for specific circumstances beyond their control, they should speak with Human Resources as soon as possible to determine if they are eligible for a reasonable accommodation or additional time to apply for reemployment. Employees who do not report to work or apply for reemployment within the applicable timeframe will be subject to the City’s rules about unexcused absences. Nothing in this policy requires the City to reemploy individuals who are not eligible for reemployment rights under applicable law. Seniority Rights After Reemployment Employees who are eligible for reemployment will be reemployed with the same seniority, and all rights and benefits based on that seniority, that they would have attained if they had not taken military leave. Seniority rights include pay and benefits that accrue or are determined based on their length of service. Employees Covered Under a Collective Bargaining Agreement The employment terms set out in this policy work in conjunction with, and do not replace, amend, or supplement any terms or conditions of employment stated in any applicable collective bargaining agreement that a union has with the City. Wherever employment terms in this policy differ from the terms expressed in the applicable collective bargaining agreement with the City, employees should refer to the specific terms of the collective bargaining agreement, which control. 5-6. Bereavement Leave Employees are entitled to bereavement leave with pay for absences caused by the death of an employee's immediate family or household. This leave will be limited to three (3) days, except that an extra day may be granted by the Department Head for out-of-state travel related to the death of an immediate family member. For purposes of this benefit, immediate family is defined as an employee’s spouse, domestic partner, children, parents, grandparent, siblings, as well as the parents, grandparents and siblings of an employee’s spouse, and members of the immediate household. Department Heads have the discretion of granting from one to three days of bereavement leave for deaths of family members other than those listed above. Time off in accordance with this policy shall not be credited as time worked for the purpose of computing overtime. Page | 63 5-7. Jury Duty/Court Appearance City of South Burlington realizes that it is the obligation of all U.S. citizens to serve on a jury when summoned to do so. All employees will be allowed time off to perform such civic service as required by law. Employees are expected, however, to provide proper notice of a request to perform jury duty and verification of their service. Employees also are expected to keep management informed of the expected length of jury duty service and to report to work if excused by the court prior to the end of the day. If the required absence presents a serious conflict for management, employees may be asked to try to postpone jury duty. Time for appearance in court for personal business will be the individual employee’s responsibility. An employee may use Vacation for this type of absence. Pay for Jury Duty: • Non-exempt hourly employees on jury duty leave will be reimbursed at their customary rate of pay for work absences for jury duty or for serving as a witness under legal compulsion. Payment by the City under this provision will be reduced by the amount an employee receives from the court as compensation for jury duty or appearance as a witness. • Exempt employees will be paid their full salary for any week in which time is missed due to jury duty if work is performed for the City during such week. Payment by the City under this provision will be reduced by the amount an employee receives from the court as compensation for jury duty or appearance as a witness. 5-8. Time Off for Voting The City recognizes that voting is a right and privilege of being a citizen of the United States and encourages employees to exercise their right to vote. In almost all cases, employees will have sufficient time outside working hours to vote. If for any reason an employee thinks this will not be the case, they should contact their supervisor to discuss scheduling accommodation. Employees are entitled to take unpaid leave to attend their annual town meeting, provided that the employee notifies the City at least seven (7) days in advance. If the employee’s absence would impact the essential operation of the City, the City may deny the request. 5-9. Vermont Protections for Victims of Crime Employees are entitled to crime victim leave in accordance with this policy and under 21 V.S.A. § 472c of the Vermont Statutes. Page | 64 An employee is eligible for crime victim leave if the employee has been employed by the City for at least six months, for an average of at least 20 hours per week. An eligible employee may take unpaid leave for the purpose of attending a deposition or court proceeding related to: • A criminal proceeding, when the employee is an alleged victim and the employee has a right or obligation to appear at the proceeding; • A relief from abuse hearing when the employee is seeking the order; • A hearing concerning an order against stalking or sexual assault when the employee is seeking the order; or • A relief from abuse, neglect, or exploitation hearing when the employee is seeking the order. During the leave, the employee may use any accrued vacation or sick time. Use of accrued paid leave does not extend the leave provided. The City will continue any applicable benefits for the duration of the leave at the level and under the conditions coverage would have been provided if the employee continued in employment continuously. The City may require that the employee contribute to the costs of benefits during the leave at the existing rate of employee contribution. Page | 65 Section 6 - Employee Benefits The City recognizes the value of benefits to employees and their families. In addition to good working conditions and competitive pay, it is the City of South Burlington's policy to provide a combination of supplemental benefits to all eligible employees. The City maintains a personnel file for each employee. Personnel files are confidential and maintained by the Human Resources Department. The City strives to maintain accurate and complete personnel records. Employees must promptly notify Human Resource of any changes to their personal information, including changes in home address, home telephone number, legal name, marital status, number of dependents, named beneficiaries, emergency contact, qualifying events regarding benefits, and tax deduction changes. A complete list of benefits and plan documents can be found on the Human Resources for Employees portal at https://www.southburlingtonvt.gov/human_resources_for_employees/benefits.php. To the extent the information provided here conflicts with the full plan document, the full plan document will control. 6-1. Medical Opt Out Employees who elect to opt out of the medical insurance will receive a stipend per month, less withholdings, provided they demonstrate they are covered by another health plan. This compensation will be paid through payroll on a bi-weekly basis. Employees who are a dependent on another City of South Burlington employees insurance plan are not eligible for a medical opt out stipend. 6-2. Medical and Dental Insurance: The City offers health insurance through a high deductible plan to eligible employees. For the current resource guide, rates, premiums and option choices see the Human Resources for Employees portal. The City offers dental insurance to full-time employees and their dependents. The City covers the full premium. Vision Insurance: The City offers Vision Insurance to all eligible employees and dependents for exams, glasses and contacts. Health Savings Accounts: Page | 66 The City offers a Health Savings Plan (HSA) contribution to all employees who participate in the City’s medical insurance program. City contribution amounts will be approved yearly by the City Manager. City HSA contributions will be made annually in January. Any employee who is hired or enrolls in an HSA after this annual deposit will have their City contribution pro-rated. Employees who opt-out of the medical insurance are not eligible for an HSA or a City contribution. Limited Purpose Flexible Spending Account (FSA): The City offers a Limited Flexible Spending Account (FSA) to all benefit eligible employees. This account is 100% employee-funded. Short-Term/Long-Term Disability: The City offers Short-Term and Long-Term Disability at no cost to the employee to all eligible full-time employees. A summary of benefits is available on the Human Resources portal or can be requested through the Human Resources department. Retirement: The City provides a retirement program to regular full-time and part-time employees who meet eligibility requirements of the plan. A full description of the plan is available on the HR Portal or through Human Resources. Retirement is defined by the South Burlington Retirement Income Plan and VMERS retirement guidelines. City of South Burlington may alter, amend, extend, or abridge the benefit provisions set forth above, if, in the City's sole discretion, such changes are deemed necessary to improve the efficient delivery of City services or to compensate for the City's current financial condition. Material changes in the benefit package must be approved by the City Council, preceded by adequate notice to City employees. If employees have any questions regarding benefits, they should contact Human Resources. Life and Accidental Death & Dismemberment Insurance: The City provides Life and Accidental Death and Dismemberment (AD&D) benefits to all eligible full-time employees at no cost to the employee. Optional Life and AD&D Insurance - employees have the option of purchasing additional Life and AD&D for themselves, spouse and dependent children at an additional cost during open enrollment annually. Page | 67 6-3. Employee Assistance Program The employee assistance program (EAP) is a resource designed to provide highly confidential and experienced help for employees in dealing with issues that affect their lives and the quality of their job performance. The City wants employees to be able to maintain a healthy balance of work and family that allows them to enjoy life. The EAP is a confidential and voluntary counseling and referral service that can help employees successfully deal with life’s challenges. Employees and all household members are eligible to utilize EAP. This program offers qualified counselors, connects employees with resources and provides information to help employees cope with personal problems in the following areas: • Family/Relationships • Workplace Conflict • Financial/Legal Problems • Alcohol and Drug Use • Childcare and Eldercare • Depression/Anxiety • Grief and Loss • Stress/Work-Life Balance The City’s EAP provider, Invest EAP, provides confidential access to professional counseling services, including problem assessment, short-term counseling and referrals to appropriate community and private services as appropriate. The City encourages employees to use this valuable service whenever they have such a need. Employees who choose to use these counseling services are assured the information disclosed in their sessions is confidential and not available to the City, and the City is not given any information on who chooses to use the services. Information given to the EAP counselor may be released to the City only if authorized by the employee in writing. No information related to an employee’s participation in the program is entered into the employee’s personnel file. For questions or additional information about this program contact Human Resources, visit the Human Resources portal or https://www.investeap.org. 6-4. Workers Compensation Workers’ Compensation is a “no-fault” system that provides compensation for medical expenses and wage losses to employees who are injured or become ill because of employment. Page | 68 On-the-job injuries are covered by our Workers' Compensation Insurance Policy, which is provided at no cost to employees. If an employee is injured on the job, it is important to seek medical attention if needed. In case of an emergency, the employee should go to the nearest hospital emergency room for treatment and then notify the City. It is important that any employee injured on the job, no matter how slightly, notify their immediate supervisor and Human Resources. Workers’ Compensation Procedures An employee injured on the job should seek immediate medical attention if needed. The supervisor will complete a First Report of Injury Form with input from the employee and send it to Human Resources. Failure to follow City reporting procedures may affect the ability of the employee to receive Workers Compensation benefits. Human Resources will file a claim with the City’s Workers Compensation program. Employees who need to miss work due to a workplace injury or illness must also request a formal leave of absence through Human Resources. See the Leave of Absence sections of this handbook for more information. Employees who observe an unsafe working condition should report such condition immediately to their supervisor or Human Resources. Page | 69 EMPLOYEE HANDBOOK ACKNOWLEDGMENT AND RECEIPT This Employee Handbook is an important document intended to clearly communicate the policies and personnel rules of the City of South Burlington. Please read the following statements and sign below to indicate your receipt and acknowledgment of this Employee handbook. • I have received and read a copy of City of South Burlington's Employee Handbook. I understand that the policies, rules and benefits described in it are subject to change through the amendment procedures set forth in the Handbook. • I understand that my signature below indicates that I have read and understand the above statements and that I have received a copy of the City's Employee Handbook. • I understand that I should direct any questions about this Handbook to my supervisor or the Human Resources Director. • I understand that this is not an employee contract between the employee and the City, and the policies herein do not constitute any promise as to how a particular situation will be handled. We do not expect this handbook to answer all questions. Managers and Human Resources also serve as sources of information. • I understand that the handbook and all other written and oral materials provided to me are intended for informational purposes only. The handbook, practices, and other communications do not create an employment contract or term. I understand that the policies and benefits, both in the handbook and those communicated to me in any other fashion, are subject to interpretation, review, removal, and change by management at any time without notice. _____________________________________ Employee’s Name in Print Signature of Employee ______________________________________ Date Signed by Employee TO BE PLACED IN EMPLOYEE’S PERSONNEL FILE Page | 70 EMPLOYEE ACKNOWLEDGMENT AND RECEPT OF HARASSMENT POLICY I have read and understand the City’s Harassment Policy. My signature below confirms my knowledge, acceptance, and agreement to comply with the policy. _____________________________________ Employee’s Name in Print _____________________________________ Signature of Employee ______________________________________ Date Signed by Employee TO BE PLACED IN EMPLOYEE’S PERSONNEL FILE CITY OF SOUTH BURLINGTON FY23 ANNUAL REPORT PAGE 114 City of South Burlington 180 Market Street South Burlington, Vermont 05403 www.southburlingtonvt.gov MEMORANDUM To: South Burlington City Council From: Erica Quallen, DPW Deputy Director of Capital Projects CC: Jessie Baker, City Manager Date: January 31, 2024 Re: Dorset Street Shared Use Path Right-of-Way Update and Easement Acceptance The Dorset Street Shared Use Path project to design and construct a 10-foot paved path between Old Cross Road and Sadie Lane has been progressing through the right-of-way (ROW) phase over the past approximately 14 months and this memo provides an update on the status of this phase and the next steps to continue acquiring the necessary easements to complete design and move into bids and construction. All property owners (12 owners over 13 parcels) have been notified of the temporary and permanent easements being requested on their property and have been provided an option of donating the easements or receiving fair market value compensation according to the Uniform Act. Conversations have been ongoing and multiple site visits have occurred with property owners to review the plans and understand the impacts to their properties. As warranty deeds are received from property owners, the Council will be asked to accept these deeds which will be recorded in the City’s Land Records. Once all easements have been received, accepted, and recorded, VTrans will review all documents and issue “ROW Clearance” to progress the project into Final Design, Contract Plans and Specifications, Bid to Contractors, and Construction. The FY25 CIP anticipates that the path construction will be complete in FY26. Currently, we have received signed warranty deeds from three properties owners, one of which is donating the easements and two of which are requesting compensation. The Council is being asked to make the following motion to accept the easements which have been offered to the City through the attached warranty deeds. “Accept the following easements for the construction and future maintenance of the Dorset Street Shared Use Path between Old Cross Road and Sadie Lane and associated drainage and utility infrastructure: • Three temporary and three permanent easements on parcel 0570-01530 granted to the City by Warranty Deed signed November 15, 2023; • One permanent easement on parcel 0570-01700 granted to the City by Warranty Deed signed December 28, 2023; and • Two temporary and two permanent easements on parcel 0570-01620 granted to the City by Warranty Deed signed January 15, 2024.”     MEMORANDUM TO: South Burlington City Council FROM: City Attorney’s Office and City Clerk’s Office RE: Codification of City of South Burlington Ordinances DATE: For February 5, 2024 City Council Meeting / Second Reading / Public Hearing Background Presented with this memorandum is a draft South Burlington City Code Enacting Ordinance (“Ordinance”) and the new South Burlington City Code of Ordinances (“City Code”). The codification of all the City’s ordinances has been a project many years in the making. In 2013, the City entered into a contract with Municode to codify the City’s ordinances and create a new City Code. Through work performed by former City Clerk Donna Kinville, former City Attorney Jim Barlow, former City Attorney Andrew Bolduc and current City employees, we are now able bring you a finished product for your review and consideration. This new City Code contains all our existing ordinances, except the City’s Land Development Regulations (“LDRs”), and is organized in a way that is user friendly and easy to update. If adopted by the Council, this City Code will be available online through a link on the City’s webpage and in hardcopy. The City currently has four hardcopy versions that will be kept in the Clerk’s office and in other locations in the City. In creating the City Code, all ordinances and City Council minutes relating to them were reviewed. The LDRs were not included in this process as a separate procedure is required for their adoption and they are continuously updated. The goal was to make sure the most up-to- date versions of existing ordinances that had not been repealed were included. Also, many non- substantive edits were made to the ordinances to better organize each one and the City Code as a whole. For instance, new section numbers were included in each ordinance, most penalty provisions were removed from individual ordinances and replaced with a reference to the penalty section of the City Code, duplicate definitions and language were removed, and state law references were included. We are currently in the process of verifying the amounts of money the City will be obligated to pay going forward to keep the City Code available online and updated. It is believed that we will be required to pay approximately $1,150 per year after the first free year to have Municode keep the City Code available online plus additional costs depending on how often we elect to have the City Code updated. The included Ordinance was prepared with the help of Municode. The passage of this Ordinance after a public hearing will adopt the new City Code and repeal all ordinances, except for the LDRs, not included in the City Code that were passed by the Council prior to January 23, 2023. The reason for the January 23, 2023 date is this is the date of passage of the most recent version of the City’s Impact Fee Ordinance, the newest ordinance incorporated into the new City Code. Any ordinance passed by you after January 23, 2023 is not repealed and will be incorporated into the City Code when the City Code is updated. The LDRs will remain in effect and for the time being, be maintained separately from the City Code. The new City Code is attached to this memo. The Ordinance and City Code have been available for public inspection on the City’s webpage and at the City Clerk’s office since prior to the first public hearing on January 2, 2024. Please consider this to be a second reading and public hearing of the Ordinance and the City Code. In addition to the Ordinance and City Code, also provided with this Memorandum is the public hearing notice that was published in the Other Paper and posted outside the City Clerks office giving notice to the public of today’s hearing. Recommendation/Motion Pursuant to the City’s Charter (24 App. VSA §106) to open the public hearing, the Ordinance must either be read in full or, by vote of a majority of the Council, the Ordinance may be read by title. Accordingly, the Administration recommends the following: 1) That the Council vote to open the public hearing by reading the title of the Ordinance (“South Burlington City Code Enacting Ordinance”) 2) That the Council hold a public hearing where all persons interested be given the opportunity to be heard. 3) Following closure of the public hearing, make the following motion: “Move that the South Burlington City Council approve and pass the South Burlington City Code Enacting Ordinance without amendment and adopt the new City Code”. 1 SOUTH BURLINGTON CITY CODE ENACTING ORDINANCE ADOPTED ____________, 2024 City Code Enacting Ordinance Adopted: ___________________, 2024 2 SOUTH BURLINGTON CITY CODE ENACTING ORDINANCE ADOPTED ____________, 2024 Table of Contents 1. Purpose and Title PAGE 3 2. South Burlington City Code Enacting Ordinance PAGE 3 3 SOUTH BURLINGTON CITY CODE ENACTING ORDINANCE ADOPTED ____________, 2024 THE COUNCIL OF THE CITY OF SOUTH BURLINGTON HEREBY ORDAINS: 1. Purpose and Title AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF SOUTH BURLINGTON, VERMONT; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE. 2. South Burlington City Code Enacting Ordinance Section 1. The Code entitled "Code of Ordinances, City of South Burlington, Vermont" published by Municode, consisting of chapters 1 through 38, each inclusive, is adopted. Section 2. With the exception of the City of South Burlington Land Development Regulations which shall remain in effect and not be repealed or affected by this Ordinance, all ordinances of a general and permanent nature enacted on or before January 23, 2023, and not included in the Code or recognized and continued in force by reference therein, are repealed. Section 3. The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance. Section 4. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished as follows: (a) Violation of Code. It shall be unlawful for any person to violate or fail to comply with any provisions of this Code. Where no specific penalty is provided therefor in this Code, the violation of any provision shall be punishable as provided in this section. 4 SOUTH BURLINGTON CITY CODE ENACTING ORDINANCE ADOPTED ____________, 2024 (b) Civil ordinances. Any person in violation of a civil ordinance of this Code and any such person in violation of any provision of this Code punishable as a civil infraction shall be punishable by a penalty of not more than $800.00. Each day the violation continues shall constitute a separate violation. (c) Criminal ordinances. Any person in violation of a criminal ordinance of this Code and any such person in violation of any provision of this Code punishable as a misdemeanor shall be punishable by a fine not exceeding $800.00 or term of imprisonment not exceeding one year for a single offense. Each day the violation continues shall constitute a separate offense. (d) Restitution. Any such person violating any of the provisions of this Code shall become liable to the city for any expense, loss or damage occasioned the city by reason of such violation. Each act of violation and each day upon which any such violation shall continue or occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the city council may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits. Section 5. Additions or amendments to the Code when passed in such form as to indicate the intention of the city council to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments. Section 6. Ordinances adopted after January 23, 2023, that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code. Section 7. This ordinance shall become effective upon passage. Adopted at South Burlington, Vermont this ___ day of __________, _____. SOUTH BURLINGTON CITY COUNCIL 5 SOUTH BURLINGTON CITY CODE ENACTING ORDINANCE ADOPTED ____________, 2024 ______________________ ______________________ Helen Riehle, Chair Meaghan Emery, Vice Chair ______________________ _______________________ Tim Barritt, Clerk Andrew Chalnick _______________________ Larry Kupferman Received and recorded this ___ day of __________, 2024. _______________________ Holly Rees, City Clerk 1st Reading: January 2, 2024 2nd Reading: February 5, 2024 Council Action: SOUTH BURLINGTON CITY CODE Published in 2023 by Order of the City Council DR A F T DR A F T OFFICIALS of the CITY OF SOUTH BURLINGTON, VERMONT AT THE TIME OF THIS CODIFICATION Helen Riehle Meaghan Emery Tim Barritt Larry Kupferman Andrew Chalnick City Council Jessie Baker City Manager Steven A. Locke Deputy City Manager Colin K. McNeil City Attorney Holly Rees City Clerk iii DR A F T DR A F T PREFACE This Code constitutes a codification of the general and permanent ordinances of the City of South Burlington, Vermont. Source materials used in the preparation of the Code were the ordinances adopted by the city council. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative table appearing in the back of this Code, the reader can locate any section of any ordinance included herein. The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code. Chapter and Section Numbering System The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered 6-1.5. New articles and new divi- sions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall vii DR A F T be assigned to the new article or division. New chapters may be included by using one of the reserved chapter numbers. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. Page Numbering System The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes: CHARTER CHT:1 CHARTER COMPARATIVE TABLE CHTCT:1 CODE CD1:1 CODE COMPARATIVE TABLES CCT:1 STATE LAW REFERENCE TABLE SLT:1 CHARTER INDEX CHTi:1 CODE INDEX CDi:1 Indexes The indexes have been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the indexes which stand as guideposts to direct the user to the particular item in which the user is interested. viii DR A F T Looseleaf Supplements A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up to date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instruc- tions for the manner of inserting the new pages and deleting the obsolete pages. Keeping this publication up to date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instruc- tions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes. Acknowledgments This publication was under the direct supervision of Alyce A. Whitson, Senior Code Attorney, and Joanna J. Douglas, Editor, of Municode, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project. The publisher is most grateful to the City Council, Jessie Baker, City Manager, Colin K. McNeil, City Attorney, Andrew Bolduc, former City Attorney, James Barlow, former City Attorney, Donna Kinville, former City Clerk, Holly Rees, City Clerk, and the other members of the city staff for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the city readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs. Copyright All editorial enhancements of this Code are copyrighted by Municode and the City of South Burlington, Vermont. Editorial ix DR A F T enhancements include, but are not limited to: organization; table of contents; section catchlines; prechapter section analyses; editor's notes; cross references; state law references; numbering system; code comparative table; state law reference table; and index. Such material may not be used or reproduced for commercial purposes without the express written consent of Municode and the City of South Burlington, Vermont. © Copyrighted material. Municode and the City of South Burlington, Vermont. 2023. x DR A F T TABLE OF CONTENTS Page Officials of the City at the Time of this Codification . iii Current Officials (Reserved) ............................ v Preface ................................................... vii Adopting Ordinance (Reserved) PART I CHARTER Charter ................................................... CHT:1 Subch. 1. Power of the City .................... CHT:5 Subch. 3. Officers ............................... CHT:9 Subch. 5. City Meetings ........................ CHT:15 Subch. 7. Planning ............................. CHT:17 Subch. 9. City Manager ........................ CHT:18 Subch. 11. Steering Committee ................ CHT:20 Subch. 13. Budget .............................. CHT:21 Subch. 15. Taxation ............................ CHT:24 Subch. 17. Personnel ........................... CHT:27 Subch. 19. Assessment ......................... CHT:28 Subch. 20. Water Department ................. CHT:29 Subch. 21. Amendment of Charter ............ CHT:30 Charter Comparative Table (Reserved) ................ CHTCT:1 PART II CODE OF ORDINANCES Chapter 1. General Provisions .................................. CD1:1 2. Administration (Reserved) ......................... CD2:1 3. Reserved ............................................. CD3:1 xiii DR A F T Chapter Page 4. Amusements and Entertainments ................. CD4:1 Art. I. In General ............................... CD4:3 Art. II. Circuses, Carnivals and Other Shows CD4:3 5. Reserved ............................................. CD5:1 6. Animals .............................................. CD6:1 Art. I. In General ............................... CD6:3 Art. II. Trapping of Animals ................... CD6:3 Art. III. Chickens ............................... CD6:3 Art. IV. Dogs and Cats ......................... CD6:8 7. Reserved ............................................. CD7:1 8. Buildings and Building Regulations .............. CD8:1 Art. I. In General ............................... CD8:3 Art. II. Electrical Installations ................ CD8:3 Div. 1. Generally ............................ CD8:3 Div. 2. Permit ............................... CD8:5 Div. 3. Inspection ........................... CD8:6 Div. 4. License .............................. CD8:9 Div. 5. Fees .................................. CD8:10 Art. III. Substandard, Unsafe, Unmaintained Buildings .............................. CD8:10 9. Reserved ............................................. CD9:1 10. Civil Emergencies (Reserved) .................... CD10:1 11. Reserved ............................................ CD11:1 12. Emergency Services ............................... CD12:1 Art. I. In General ............................... CD12:3 Art. II. Security Alarm Systems ............... CD12:3 Div. 1. Generally ............................ CD12:3 Div. 2. Administration ...................... CD12:5 Div. 3. Regulations ......................... CD12:6 Div. 4. Enforcement ........................ CD12:8 13. Reserved ............................................ CD13:1 SOUTH BURLINGTON CITY CODE xiv DR A F T Chapter Page 14. Environment ....................................... CD14:1 Art. I. In General ............................... CD14:3 Art. II. Nuisances ............................... CD14:3 Div. 1. Generally ............................ CD14:3 Div. 2. Excessive Noise ..................... CD14:5 Div. 3. Unsafe or Unsanitary Conditions . CD14:8 Div. 4. Defacing Buildings, Structures and Signs ................................. CD14:8 Art. III. Smoking in Places of Public Access . CD14:9 15. Reserved ............................................ CD15:1 16. Fire Prevention and Protection ................... CD16:1 Art. I. In General ............................... CD16:3 Art. II. Fire Code ............................... CD16:3 17. Reserved ............................................ CD17:1 18. Impact Fees ........................................ CD18:1 19. Reserved ............................................ CD19:1 20. Miscellaneous Offenses ........................... CD20:1 Art. I. In General ............................... CD20:3 Art. II. Weapons ................................ CD20:3 Art. III. Public Indecency ...................... CD20:5 21. Reserved ............................................ CD21:1 22. Parks and Recreation ............................. CD22:1 Art. I. In General ............................... CD22:5 Art. II. Conduct in Parks ...................... CD22:5 Div. 1. Generally ............................ CD22:5 Div. 2. Conduct .............................. CD22:7 Div. 3. Camping, Boating, Fishing, and Bathing .............................. CD22:8 Div. 4. Fires ................................. CD22:9 Div. 5. Refuse ............................... CD22:9 Div. 6. Traffic ............................... CD22:10 Div. 7. Recreation Path ..................... CD22:11 Div. 8. Animals, Plants and Wildlife ...... CD22:13 Div. 9. Hours and Fees ..................... CD22:15 TABLE OF CONTENTS—Cont'd. xv DR A F T Chapter Page Div. 10. Permit System ..................... CD22:15 Div. 11. Enforcement ....................... CD22:18 23. Reserved ............................................ CD23:1 24. Sales ................................................ CD24:1 Art. I. In General ............................... CD24:3 Art. II. Peddlers ................................ CD24:3 Div. 1. Generally ............................ CD24:3 Div. 2. Licensing ............................ CD24:5 Div. 3. Regulations ......................... CD24:8 Div. 4. Enforcement ........................ CD24:10 25. Reserved ............................................ CD25:1 26. Signs ................................................ CD26:1 Art. I. In General ............................... CD26:9 Art. II. Administration ......................... CD26:20 Div. 1. Generally ............................ CD26:20 Div. 2. Permit ............................... CD26:21 Div. 3. Master Signage Permit ............. CD26:23 Div. 4. Exemptions .......................... CD26:27 Div. 5. Nonconforming Signs ............... CD26:30 Div. 6. Appeals .............................. CD26:31 Art. III. Regulations by Sign Type ............ CD26:32 Div. 1. Generally ............................ CD26:32 Div. 2. Freestanding Signs ................. CD26:32 Div. 3. Wall Signs ........................... CD26:45 Div. 4. Perpendicular Signs ................ CD26:50 Div. 5. Landscape Features ................ CD26:51 Div. 6. Miscellaneous Types of Signs ...... CD26:53 Art. IV. Regulations by Use .................... CD26:55 Div. 1. Generally ............................ CD26:55 Div. 2. Directory and Entryway Signs .... CD26:55 Div. 3. Incidental and Directional Signs .. CD26:57 Div. 4. Airport Signage ..................... CD26:58 Div. 5. Real Estate and Construction Project Signs ........................ CD26:59 Div. 6. Establishments Selling Gasoline .. CD26:61 SOUTH BURLINGTON CITY CODE xvi DR A F T Chapter Page Art. V. Regulations by District ................ CD26:62 Div. 1. Generally ............................ CD26:62 Div. 2. Dorset Street/City Center Sign District .............................. CD26:63 Art. VI. Regulations by Zoning Classification CD26:65 Div. 1. Generally ............................ CD26:65 Div. 2. Residential Areas ................... CD26:65 Art. VII. Temporary Signs ..................... CD26:67 Art. VIII. Other Requirements ................ CD26:69 Div. 1. Generally ............................ CD26:69 Div. 2. General Sign Requirements ....... CD26:69 Div. 3. Lighting ............................. CD26:72 27. Reserved ............................................ CD27:1 28. Solid Waste (Reserved) ............................ CD28:1 29. Reserved ............................................ CD29:1 30. Special Assessments (Reserved) .................. CD30:1 31. Reserved ............................................ CD31:1 32. Streets, Sidewalks and Other Public Places .... CD32:1 Art. I. In General ............................... CD32:3 Art. II. Street Naming and Addressing ....... CD32:3 Art. III. Parades and Other Public Events ... CD32:7 Art. IV. Use of Streets, Sidewalks and Other Public Places ........................... CD32:11 Art. V. Trees on Public Property .............. CD32:13 33. Reserved ............................................ CD33:1 34. Taxation ............................................ CD34:1 Art. I. In General ............................... CD34:3 Art. II. Sales, Meals, Rooms and Alcoholic Beverages Tax .......................... CD34:3 35. Reserved ............................................ CD35:1 36. Traffic and Vehicles ............................... CD36:1 Art. I. In General ............................... CD36:5 TABLE OF CONTENTS—Cont'd. xvii DR A F T Chapter Page Art. II. Specific Street Regulations ........... CD36:6 Div. 1. Generally ............................ CD36:6 Div. 2. Speed Regulations .................. CD36:6 Div. 3. Stop Intersections .................. CD36:7 Div. 4. Yield Intersections .................. CD36:7 Div. 5. One-Way Streets .................... CD36:7 Div. 6. Intersections ........................ CD36:8 Art. III. Miscellaneous Regulations ........... CD36:8 Div. 1. Generally ............................ CD36:8 Div. 2. Regulations Regarding Vulnerable Users ................................ CD36:9 Art. IV. Parking ................................. CD36:10 Div. 1. Generally ............................ CD36:10 Div. 2. Administration and Enforcement . CD36:11 Div. 3. Regulations ......................... CD36:12 Div. 4. Removal of Unlawfully Parked Motor Vehicles ...................... CD36:14 Art. V. Truck Traffic ............................ CD36:16 37. Reserved ............................................ CD37:1 38. Utilities ............................................. CD38:1 Art. I. In General ............................... CD38:9 Art. II. Utility Service Lines ................... CD38:9 Art. III. Water System ......................... CD38:11 Div. 1. Generally ............................ CD38:11 Div. 2. Extension, Modification and Maintenance of City and CWD Water Mains ........................ CD38:19 Div. 3. Building Water Service Connec- tions ................................. CD38:23 Div. 4. Use of Public Water Supply System CD38:34 Div. 5. Protection from Damage ........... CD38:38 Div. 6. Powers and Authority of Inspec- tors ................................... CD38:40 Div. 7. Penalties ............................ CD38:41 Div. 8. Rates ................................. CD38:43 Div. 9. Disconnection Policy ................ CD38:48 SOUTH BURLINGTON CITY CODE xviii DR A F T Chapter Page Art. IV. Sanitary Sewer and Stormwater Systems ................................ CD38:49 Div. 1. Generally ............................ CD38:49 Div. 2. Sanitary Sewer System ............ CD38:59 Subdiv. I. In General ................... CD38:59 Subdiv. II. Sanitary Disposal Systems CD38:59 Subdiv. III. Capacity Allocation ....... CD38:73 Subdiv. IV. Sewage Disposal Charges, Time of Payment Thereof, and Penalties for Nonpay- ment ........................ CD38:77 Div. 3. Stormwater System ................ CD38:80 Subdiv. I. In General ................... CD38:80 Subdiv. II. Stormwater System User Fees ......................... CD38:84 Subdiv. III. Acceptance or Inspection of Regulated Private Systems .................... CD38:94 Subdiv. IV. Municipal Cost Sharing ... CD38:100 Subdiv. V. Stormwater Upgrade Feasibility Analysis (SUFA) CD38:103 Div. 4. Inspection and Enforcement ....... CD38:107 Art. V. Cross Connection Control .............. CD38:112 Div. 1. Generally ............................ CD38:112 Div. 2. Policy ................................ CD38:125 Div. 3. Administration ...................... CD38:131 Div. 4. Backflow Prevention ............... CD38:138 Art. VI. Heating and Service Water Heating Systems ................................ CD38:174 Code Comparative Table—Legislation ................. CCT:1 State Law Reference Table ............................. SLT:1 Charter Index ............................................ CHTi:1 Code Index ............................................... CDi:1 TABLE OF CONTENTS—Cont'd. xix DR A F T DR A F T PART I CHARTER* § 13-101. § 13-102. § 13-103. § 13-104. § 13-105. § 13-106. § 13-107. § 13-108. § 13-109. § 13-110. § 13-111. § 13-301. § 13-302. § 13-303. § 13-304. § 13-305. § 13-306. § 13-307. § 13-308. § 13-309. § 13-310. § 13-501. § 13-502. § 13-503. § 13-504. Subchapter 1: Power of the City Corporate existence retained. General law application. Powers of the City. Ordinances; subjects. Ordinances; enforcement; adoption. Introduction; first and second readings; public hearing. Further consideration; final passage. Effective date. Filing. Annual City report. Reservation of powers to the City. Subchapter 3: Officers General provisions. City Council; number; terms of office; election. Organization. Vacancies. Meetings. Records of proceedings. Appointments. Jurisdiction over other officers or employees. Compensation of Council members; appointees. Powers and duties. Subchapter 5: City Meetings Application of general laws. Time of holding. Special City and School District meetings. Polling places. *Editor’s note—Printed herein is the Charter of the City of South Burlington adopted by the state legislature and codified as 24 V.S.A. § 13-101 et seq. The Charter is printed as it appears in the Vermont Statutes and includes the amendments in the history note in parentheses immediately following the section. State law references—Authority of general assembly to grant charters, Vt. Const. ch. II, §§ 6, 69; City of South Burlington Charter, 24 App. V.S.A. § 13-101 et seq. CHT:1 DR A F T § 13-505. Rescission of ordinances. § 13-506. Petition for enactment of ordinance; special meeting. Subchapter 7: Planning § 13-701. Planning Commission. § 13-702. Powers and duties. Subchapter 9: City Manager § 13-901. Appointment. § 13-902. Qualifications. § 13-903. Oath; bond. § 13-904. Powers and duties. § 13-905. Compensation. § 13-906. Removal. Subchapter 11: Steering Committee § 13-1101. Membership. § 13-1102. Powers and duties. Subchapter 13: Budget § 13-1301. Fiscal year. § 13-1302. Preparation and submission. § 13-1303. City and School District annual meeting warning and budget. § 13-1304. Amount to be raised by taxation. § 13-1305. Appropriation. § 13-1306. Departmental budget. § 13-1307. Transfers of appropriations. § 13-1308. [Reserved.] § 13-1309. Repealed. §§ 13-1309.1—1309.8. Repealed. Subchapter 15: Taxation § 13-1501. Taxes on real and personal property. § 13-1502. Penalty. § 13-1503. Waiver of penalty. § 13-1504. Business inventory and business personal property. § 13-1505. Tax stabilization agreements. § 13-1506. Sales, rooms, meals, and alcoholic beverages tax. SOUTH BURLINGTON CITY CODE CHT:2 DR A F T Subchapter 17: Personnel § 13-1701. Appointment and removal. § 13-1702. Personnel rules and regulations. § 13-1703. Ethical guideline. Subchapter 19: Assessment § 13-1901. Department of Assessment. § 13-1902. Powers and duties. § 13-1903. Repealed. § 13-1904. Appraisal of unimproved land approved for commercial or industrial develop- ment. Subchapter 20: Water Department § 13-2001. Continuation of prior law. § 13-2002. Operations. § 13-2003. Accounts. § 13-2004. Board of Water Commissioners. § 13-2005. Repealed. Subchapter 21: Amendment of Charter § 13-2101. Authority to amend. CHARTER CHT:3 DR A F T DR A F T Chapter 13: CITY OF SOUTH BURLINGTON Subchapter 1: Power of the City § 13-101. Corporate existence retained. The inhabitants of the Town of South Burlington, within the corporate limits as now established, shall continue to be a municipal corporation by the name of the City of South Burlington. § 13-102. General law application. Except when changed, enlarged, or modified by the provisions of this charter, or by any legal regulation or ordinance of the City of South Burlington, all provisions of the statutes of this State relating to municipali- ties shall apply provisions to the City of South Burlington. Prior acts or enactments of the Town of South Burlington shall not be affected by this charter, except as otherwise provided herein. Except when changed, enlarged, or modified by the provisions of this charter, all provisions of the statutes of this State relating to schools or school districts shall apply to the South Burlington School District. (Amended 1997, No. M-15 (Adj. Sess.), § 2.) § 13-103. Powers of the City. (a) The City shall have all the powers granted to towns and municipal corporations by the Constitution and laws of this State together with all the implied powers necessary to carry into execution all the powers granted; and it may enact ordinances not inconsistent with the Constitution and laws of the State of Vermont or with this charter. (b) The City may acquire real and personal property within or without its corporate limits for any City purpose, including storm water collection and disposal, waste water collection and disposal, solid waste collection and disposal, provision of public water supply, provision of public parks and recreation facilities, provision of municipal facilities for office, fire protection, and police protection, provision of public libraries, provision of public parking areas, provision of sidewalks, bicycle paths, and green strips, provision of public roadways, provision of public view zones and open spaces, and such other purposes as are addressed under the general laws of the State of Vermont. The City may acquire such property in fee simple or any lesser § 13-103CHARTER CHT:5 DR A F T interest or estate, by purchase, gift, devise, lease, or condemnation and may sell, lease, mortgage, hold, manage, and control such property as its interest may require. (c) In this charter, mention of a particular power shall not be construed to be exclusive or to restrict the scope of the powers which the City would have if the particular power were not mentioned. § 13-104. Ordinances; subjects. The general grant of ordinance-promulgating authority in section 103 shall include the authority: (1) To adopt and enforce ordinances relating to making and installation of local improvements including curbs, sidewalks, and storm drains; requiring the installation of curbs, sidewalks, and storm drains in a manner specified by the City as a condition precedent to the issuance of a building permit; apportioning part or all of the expenses of such improvements against property owners benefited thereby; providing for the collection of such assessments and penalties for nonpayment; (2) To adopt and enforce ordinances establishing systems or regulations for signs and billboards including provisions for the termination of nonconforming signs and billboards through a schedule for removal which takes into consideration the interests of nonconforming sign and billboard owners in amortizing their investments, but such ordinances shall not permit the violation of the laws of this State or any City zoning ordinance or regulation; (3) To adopt and enforce police ordinances regulating and prohibiting the use of firearms, air rifles, and devices having a capacity to inflict personal injury, and the parking, operation, and speed of motor vehicles upon town and State aid streets and highways; (4) To adopt and enforce ordinances relating to regulation, licensing, or prohibition of the storage and accumulation of garbage, ashes, rubbish, refuse, and waste materials; regulation of the removal and disposal of such materials; licensing for revenue and regulation or prohibition of the collection, removal, and disposal of such materials by persons; collection, removal of such materials by the City either by contract or § 13-103 SOUTH BURLINGTON CITY CODE CHT:6 DR A F T by a City officer or department now existing or created for that purpose; establishment of service rates to be paid the City for such services; (5) To adopt and enforce ordinances relating to the operation, parking, soliciting, delivery, or fares in the taxi business within the City; (6) The specification of powers herein shall not be deemed to limit the general grant of ordinance-promulgating authority conferred by sec- tion 103; (7) To adopt and enforce ordinances for the purpose of regulating and licensing the following activities, or other activities which the City has the power to regulate or license by virtue of the law of this State or this charter, and to fix reasonable and necessary license fees therefor: places or public resort or public amusement whether indoor or outdoor; places dispensing food and drink to the public, such as restaurants, bars, or inns; theaters; public dances; itinerant vendors; the exclusive occupancy of any specified portion of a public street or right-of-way; and the keeping of dogs or other pets. § 13-105. Ordinances; enforcement; adoption. (a) The Council may provide penalties for the breach of any ordinance authorized by general law or this charter; may prosecute any person violating the same through the City Grand Juror or police officers who for such purposes shall be informing officers; and may maintain actions to restrain actual or threatened violations of the same. The establishment of any fine or penalty shall be by ordinance. (b) Ordinance-making authority granted to the City by this charter and general law shall be exercised pursuant to the provisions of sections 106 through 109 of this subchapter. § 13-106. Introduction; first and second readings; public hearing. (a) Every ordinance shall be introduced in writing. The enacting clause of all ordinances shall be "The Council of the City of South Burlington hereby ordains ." If the Council passes the proposed ordinance upon first reading, it shall cause a short and concise one-paragraph description of the effects of the proposed ordinance to be published in a newspaper of general circulation in the City, at least once, together with a notice of the time and place where § 13-106CHARTER CHT:7 DR A F T and when there shall be a public hearing to consider the same for final passage. Such publication shall include reference to a place within the City where copies of the entire text of the proposed ordinance may be examined. The first such publication shall be at least one week prior to the date of said public hearing. (b) At the time and place so advertised, or at any time and place to which such hearing may from time to time be adjourned, such ordinance shall be read in full, except that by vote of a majority of the Council the ordinance may be read by title, and after such reading, all persons interested shall be given an opportunity to be heard. § 13-107. Further consideration; final passage. After the hearing, the Council may finally pass the ordinance with or without amendment, except that if the Council makes an amendment it shall cause a short, concise one-paragraph description of the effects of the amended ordinance, including a concise description of the proposed amend- ments, to be published at least once together with a notice of the time and place of a public hearing at which the amended ordinance will be further considered, which publication shall be at least one week prior to the public hearing. The publication shall include a reference to a place within the City where copies of the entire text of the amended ordinance may be examined. At the time so advertised or at any time and place to which the meeting may be adjourned, the amended ordinance shall be read in full, except that by vote of a majority of the Council, the ordinance may be read in full, except that by vote of a majority of the Council, the ordinance may be read by title. After the hearing, the Council may finally pass the amended ordinance or again amend it subject to the same procedures as outlined herein. § 13-108. Effective date. Every ordinance shall become effective upon passage unless otherwise specified; or, if the ordinance be conditioned upon approval of the voters of the City, then upon a favorable vote of a majority of those voting thereon. § 13-109. Filing. The City Clerk shall prepare and keep in the City Clerk's office and book of ordinances which shall contain each ordinance finally passed by the Council together with a complete index of the ordinances according to subject matter. § 13-106 SOUTH BURLINGTON CITY CODE CHT:8 DR A F T § 13-110. Annual City report. The annual City report shall be made available to the legal voters of the City and School District not later than 20 days prior to the annual City and School District meeting. (Amended 2008, No. M-19 (Adj. Sess.), § 2, eff. May 5, 2010.) § 13-111. Reservation of powers to the City. Nothing in this charter shall be so construed as in any way to limit the powers and functions conferred upon the City of South Burlington and the Council of said City by general or special enactments in force or effect or hereafter enacted; and the powers and functions conferred by this charter shall be cumulative and in addition to the provisions of such general or special enactments. Subchapter 3: Officers § 13-301. General provisions. The officers of the City of South Burlington shall be those provided by law for towns, except as otherwise provided by this charter. The officers shall have all the powers and duties necessary to carry out the provisions of this charter as well as those provided by law. The offices of Fence Viewer, Weigher of Coal, and Inspector of Lumber shall be abolished. (1) The officers of the South Burlington School District shall continue to be those provided by law for school or school districts; provided, however, that the School Directors shall hold no other School District or City office with the exception of the Board of Civil Authority, the Board of Abatement, and as provided otherwise in this charter. When a vacancy occurs on the Board of School Directors, the remaining members of the Board may fill the vacancy until the next annual meeting when the School District shall fill the vacancy. (2) The Council by majority vote of all its members shall appoint annually the City Treasurer, whose office shall be no longer elective and the City Attorney, Zoning Administrator, Auditor, First and Second Constable, Grand Juror, City Agent, and Trustee of Public Funds. (3) [Repealed.] § 13-301CHARTER CHT:9 DR A F T § 13-302. City Council; number; terms of office; election. (a) There shall be a City Council consisting of five members. (b) Three members shall have terms of office of three years; two members shall have terms of office of two years. (c) All present Selectboard members shall serve as Council members until the expiration of their terms and their successors have been duly elected and have qualified. (d) All Council members shall be elected at large, and shall hold no other City or School District office except as provided otherwise in this charter. § 13-303. Organization. (a) Forthwith after their election and qualification, the Council shall organize and elect a Chair, a Vice Chair and a Clerk by a majority vote of the entire Council and file a certificate of such election for record in the office of the City Clerk. (b) The Chair of the Council or in his or her absence, the Vice Chair shall preside at all meetings of the Council and shall be recognized as the head of the City government for all ceremonial purposes. (c) Agenda for regular meetings: (1)The Chair of the Council or in his or her absence the Vice Chair, with the City Manager shall prepare a written agenda for each regular meeting of the Council. The Chair may, and upon written petition of 15 voters shall, add to the agenda any items requested by persons not members of the Council subject to the time limitations of subdivision (2) of this subsection. (2)The agenda shall be posted in at least three public places in the City, and shall be related to the local news media, at least 24 hours prior to the time of the meeting. (3)Any member of the Council may add times of business to the written agenda upon commencement of the meeting, provided that all of the Council members present at such meeting vote to add such items to the agenda. (4)Any irregularities or defects in the notice for, or conduct of any meeting of the Council may be cured at any subsequent regular meeting of the § 13-302 SOUTH BURLINGTON CITY CODE CHT:10 DR A F T Council by resolution for that purpose adopted by majority vote of all its members, provided that such resolution is included in the agenda for such subsequent meeting. (d) Special meetings of the Council may be called at any time by the Chair, or in his or her absence, the Vice Chair. Notice of special meetings shall be served on the members of the Council, unless service thereof shall be waived in writing by all Council members, by delivering to each member at least 24 hours previous to the time of the meeting a written notice of such meeting stating the time, place, and purpose thereof, or by leaving such notice 24 hours prior to the meeting at the place of his or her usual abode. Notice of the special meeting shall be released to the local news media. § 13-304. Vacancies. When a vacancy occurs on the City Council, the remaining members may fill the vacancy until the next annual meeting when the City shall fill the vacancy. § 13-305. Meetings. (a)As soon as possible after the election of the Chair and Vice Chair, the Council shall fix the time and place of its regular meetings and such meetings shall be held at least twice a month. (b) The Council shall determine its own rules and order of business. (c) The presence of three members shall constitute a quorum. (d) All meetings of the Council shall be open to the public unless by an affirmative vote of the majority of the members present the Council shall vote that any particular session shall be an executive session in accordance with 1 V.S.A. § 313. (e) As appropriate, the City Council shall strive to meet twice a year in each elementary school within the School District. § 13-306. Records of proceedings. (a) It shall be the duty of the City Council to keep an official record of its proceedings which shall be open for public inspection. § 13-306CHARTER CHT:11 DR A F T (b) The minutes of each meeting shall be approved by the Council at the next meeting and official copy authenticated by the signature of the Clerk. § 13-307. Appointments. (a) The Council shall appoint and may remove the members of the following commissions and boards provided for in this charter or by State laws: (1) Development Review Board. (2) Planning Commission. (3) Board of Library Trustees, but in no event shall one-half or more of the members of such Board be at any one time from the Board of School Directors or employees of the South Burlington School District. (4) Annually, such additional boards, commissions, committees, or similar bodies as the Council feels to be in the best interests of the City or required by this charter or by State law, except for the Board of School Directors, and except where specifically provided otherwise in this charter. (b) In making any appointment under this section, notice of the position or positions to be filled shall be published in a newspaper of general circulation within the City, or by electronic means, at least 15 days prior to the appointment. (Amended 1997, No. M-15 (Adj. Sess.), § 3; 1999, No. M-4, § 2, eff. Aug. 1, 1999.) § 13-308. Jurisdiction over other officers or employees. Neither the City Council nor any of its members shall direct or request the appointment, by any other officer or employee of the City, of any person to office or employment, or his or her suspension or removal therefrom, or in any manner take part in the appointment, discipline, or removal of subordinates and employees of the City, except as otherwise provided in this charter. The City Council and its members shall deal with that portion of the service of the City for which the Manager is responsible solely through the Manager, and neither the City Council nor any of its members shall give any orders to or request any action by any subordinate in office. This shall not be construed to prohibit the Council from recommending to the City Manager a prospec- tive employee for his or her consideration. § 13-306 SOUTH BURLINGTON CITY CODE CHT:12 DR A F T § 13-309. Compensation of Council members; appointees. (a)Compensation to be paid to the Council members shall be set forth in the proposed budget of the City. (b) The Council shall fix the compensation of all officers and employees, except as otherwise provided in this charter. § 13-310. Powers and duties. (a) The members of the Council shall be and constitute the legislative body of the City of South Burlington for all purposes required by statutes and except as otherwise herein specifically provided, shall have all powers and authority given to, and perform all duties required of city legislative bodies under the laws of the State of Vermont. (b) Within the limitations of the foregoing, the Council shall have the power to: (1) Appoint and remove the City Manager and supervise, create, change, and abolish offices, commissions, or departments other than the offices, commissions, or departments established by this charter. (2) Assign additional duties to offices, commissions, or departments established by this charter, but may not discontinue or assign to any other office, commission, or department duties assigned to a particular office, commission, or department established by this charter. (3) Make, amend, and repeal ordinances. (4) Provide for an independent audit by a registered or certified public accountant who shall perform an annual audit of all City departments including the Water Department. Said auditor shall also perform an annual audit of the South Burlington School District accounts. The elective Office of Auditor shall be abolished and the appointed auditor shall be responsible for and have all the powers and duties as are prescribed for town auditors under the laws of this State. (5) Adopt an official seal for the City. (6) Direct the City Treasurer to create and maintain a Special Reserve Fund for the City Fire Department to be used exclusively for the purchase or rebuilding of necessary vehicles and attendant equipment. The Council shall have the authority to purchase or rebuild such § 13-310CHARTER CHT:13 DR A F T necessary vehicles and attendant equipment by utilizing the proceeds of the Special Reserve Fund, and may partially fund any expenditure by incurring indebtedness in amount not to exceed four times the amount of proceeds paid from the Special Reserve Fund for the purchase or rebuilding. Any indebtedness shall be paid within four years of the date it is originally incurred in as equal annual install- ments as possible. The funds appropriated to this Special Reserve Fund and the funds used to pay any indebtedness incurred shall be included in the allowable net cost of operations as specified in section 1309.1 of this chapter. (7) The City Council and the School Board, by their own actions, may establish reserve funds to pay for public improvements, replacement of equipment, and planned or unplanned operating expenditures. Monies to be deposited in any fund shall be included in a City or School District budget and shall not be excluded in calculating the net cost of operation pursuant to subsection 1309(a) of this chapter. Reserve funds shall be kept in separate accounts and invested in the same manner as other public funds. The City Council and the School Board may, from time to time, expend monies in those Funds for purposes for which they were established without voter approval. (8) Neighborhood forums. (A) Whenever the City Council or the School Board (either individu- ally being the convening Board) shall determine that there has been a sufficient showing of interest or need to suggest that a public forum should be conducted in a neighborhood or neighbor- hoods within the City on a matter of public interest or concern, the convening Board may, in its discretion, issue a call for a neighbor- hood forum. The convening Board may make such a determination on the request of an interested citizen or citizens, or on its own motion. (B) Promptly upon such a determination, the convening Board shall describe the neighborhood or neighborhoods having a community interest in the issue at hand, specify a date, time, and place for a neighborhood forum, describe the issues to be considered, appoint any suitable person as a temporary chair to convene the meeting, and issue a public warning of the meeting. The convening Board § 13-310 SOUTH BURLINGTON CITY CODE CHT:14 DR A F T shall further specify the objective or objectives of the meeting, such as to: (1) share information with the residents of the specified community; (2) solicit information or opinions; (3) permit the residents to make recommendations relating to the issues; or (4) serve some other appropriate objective. The temporary chair shall begin the meeting as warned and shall assist the meeting in the election of a meeting chair. (c) The Council shall approve the budget of the City for submission to the voters, as provided herein. (Amended 2007, No. M-14, § 2, eff. Nov. 11, 2007.) Subchapter 5: City Meetings § 13-501. Application of general laws. Provisions of the laws of the State of Vermont relating to the qualifications of electors, the manner of voting, the duties of elections officers, and all other particulars respective to preparation for, conducting, and management of elections, so far as they may be applicable, shall govern all municipal elections, and all general and special meetings, except as otherwise provided in this charter. § 13-502. Time of holding. (a) The annual City meetings of the City and the South Burlington School District for the election of officers, the voting on the budgets, and any other business included in the warnings for the meetings, shall be on a date established and legally warned by the Council. (b) The election of officers and the voting on all questions shall be by Australian ballot system. The ballot boxes shall be open for 12 consecutive hours between 6:00 a.m. and 7:00 p.m. as shall be determined and warned by the Council. (Amended 2007, No. M-14, § 3, eff. Nov. 11, 2007.) § 13-503. Special City and School District meetings. Special City meetings, and special School District meetings, shall be called in the manner provided by the laws of the State, and the voting on all questions shall be by the Australian ballot system. § 13-503CHARTER CHT:15 DR A F T § 13-504. Polling places. In any annual or special City or School District meeting, for the purpose of the election of officers and the voting on all questions to be decided by Australian ballot, there shall be polling places which shall be the polling places designated for the election of Representatives to the General Assembly of each representative district. The check list for each polling place shall be composed of those voters residing in that representative district. The votes cast shall be separately counted in the manner provided in the election of Representatives to the General Assembly. Except as provided in this section, the conduct of such meeting shall conform to the requirements, where applicable, set forth in 17 V.S.A. chs. 51 and 55. § 13-505. Rescission of ordinances. All ordinances shall be subject to rescission by a special City meeting, as follows: if, within 10 days after final passage by the Council of any such ordinance, a petition signed by electors of the City not less in number than 10 percent of the number of votes cast in the last municipal election is filed with the City Clerk requesting its reference to a special City meeting, the Council shall fix the time and place of such meeting, within 14 days after the filing of the petition, and notice thereof shall be given in the manner provided by law in the calling of a special City meeting. An ordinance so referred shall remain in effect upon the conclusion of such meeting unless electors not less in number than 10 percent of the number of votes cast in the last municipal election and constituting a majority of those voting thereon, shall have voted against the ordinance. § 13-506. Petition for enactment of ordinance; special meeting. (a) Subject to the provisions of section 505 of this charter, voters of the City may at any time petition in the same manner as in section 505 for the enactment of any proposed lawful ordinance by filing such petition, including the text of such ordinance, with the City Clerk. The Council shall call a special City meeting to be held within 45 days of the date of such filing, unless prior to such meeting such ordinance shall be enacted by the Council. The warning for such meeting shall include a short, concise one-paragraph description of the effects of the proposed ordinance and shall provide for an aye and nay vote as to its enactment. The warning shall also include reference to a place within the City where copies of the entire text of the § 13-504 SOUTH BURLINGTON CITY CODE CHT:16 DR A F T proposed ordinance may be examined. Such ordinance shall take effect on the 10th day after the conclusion of such meeting provided that the electors as qualified in section 505, constituting a majority of those voting thereon, shall have voted in the affirmative. (b) Any such proposed ordinance shall be examined by the City Attorney before being submitted to the special City meeting. The City Attorney is authorized subject to the approval of the Council, to correct such ordinance so as to avoid repetitions, illegalities, and unconstitutional provisions and to insure accuracy in its text and references and clearness and preciseness in its phraseology, but he or she shall not materially change its meaning and effect. (c) The provisions of this section shall not apply to any appointments of officers, members of commissions, or boards made by the Council or to the appointment of designation or Council members, or to rules governing the procedure of the Council. Subchapter 7: Planning § 13-701. Planning Commission. (a) The Planning Commission shall consist of seven persons appointed by the Council. In addition, the City Manager shall serve as a member ex-officio without vote. (b) Four commissioners shall have terms of four years and three commis- sioners shall have terms of three years. Present commissioners shall continue in office until the expiration of their terms. In implementing this section, the initial terms of commissioners shall be arranged by the City Council so that the terms of two members shall expire each year. Any appointment to fill a vacancy shall be for the unexpired term. § 13-702. Powers and duties. (a) The Planning Commission shall exercise all powers and duties as provided for Planning Commissions by the laws of the State for a municipal- ity that has established a development review board under 24 V.S.A. ch. 117. The Commission may appoint subcommittees composed of its own members or other persons and may employ consultants, when necessary for the performance of its duties, subject to the limitation of its budget and the approval of the expenditure by the Council. § 13-702CHARTER CHT:17 DR A F T (b) The Commission shall be responsible to the Council and shall assume all duties imposed upon it by said Council in addition to those duties referred to in subsection (a) of this section. (Amended 1999, No. M-4, § 3, eff. Aug. 1, 1999.) Subchapter 9: City Manager* § 13-901. Appointment. The Council shall appoint a City Manager for an indefinite term. § 13-902. Qualifications. The Manager shall be chosen solely on the basis of his or her executive and administrative and professional qualifications. § 13-903. Oath; bond. Before entering upon his or her duties, the Manager shall be sworn to the faithful performance of his or her duties by the City Clerk and shall give a bond to the City in such amount and with such sureties as the Council may require. § 13-904. Powers and duties. (a) The Manager shall carry out the policies laid down by the Council and to that end he or she shall be the Chief Executive Officer and the head of the administrative branch of the City government and shall be responsible to the Council for the efficient administration thereof. (b) The Manager shall attend all meetings of the Council, except when his or her removal is being considered, and keep them informed of the financial condition and future needs of the City and shall make such reports as may be required by law, this charter, or ordinance, or may be requested by the Council. He or she shall make such other reports and recommendations as he or she may deem advisable, but may not vote. He or she shall perform such other duties as may be prescribed by this charter, or required of him or her by law, ordinance, or resolution of the Council not inconsistent with this charter. (c) The Manager shall be an ex-officio member of all standing committees except the Zoning Board, but may not vote. *State law reference—City managers, 24 V.S.A. § 1231 et seq. § 13-702 SOUTH BURLINGTON CITY CODE CHT:18 DR A F T (d) The Manager shall prepare the annual budget and submit it to the Council and be responsible for its administration after adoption, in accordance with subchapter 13 of this charter. (e) The Manager shall compile for general distribution at the end of each fiscal year a complete report on the finances and administrative activities of the City for the year. (f) The Manager shall provide to the Council a monthly financial state- ment, with a copy to the City Treasurer. (g) The Manager shall be responsible for the enforcement of all City laws and ordinances. (h) The Manager shall be responsible for the collection of all taxes due the City. (i) The Manager shall be the General Purchasing Agent of the City and purchase all supplies for every department thereof. (j) The Manager shall be responsible for the system of accounts, except where otherwise delegated under this charter. (k) The Manager shall be responsible for the operation of all departments of the City, not otherwise provided for in this charter or the laws of the State. (l) The Manager shall have exclusive authority to appoint, fix the salary of, suspend, and remove all employees of the City appointed by him or her subject to the provisions of this charter. He or she should advise the Council of his or her intention before appointing, removing, or suspending the head of a department. (m) The Manager may, when advisable or proper, delegate to subordinate officers and employees of the City, any duties conferred upon him or her by this charter or by action of the Council, and hold them responsible for the faithful discharge of such duties, but the City Manager shall remain ultimately responsible to the Council for all administrative actions under his or her jurisdiction. (n) The Manager, by letter filed with the City Clerk, may appoint an officer or employee of the City to perform his or her duties during his or her temporary absence or disability. In the event of failure of the Manager to make such designation, the Council may by resolution appoint an officer or employee of the City to perform the duties of the Manager until he or she § 13-904CHARTER CHT:19 DR A F T shall return or his or her disability shall cease. However, if the Manager has within his or her administration, formed and appointed the position of Assistant City Manager, said Assistant shall automatically assume the Manager's responsibilities during his or her temporary absence or disability. State law reference—Powers and duties of city manager, 24 V.S.A. § 1236. § 13-905. Compensation. The Managers shall receive such pay as may be fixed by the Council. § 13-906. Removal. (a) On 90 days' notice, the Manager may be removed without cause by a majority of Council so voting. He or she may be suspended during this period, but his or her pay shall continue until his or her removal. (b) Notwithstanding the above, the Council may adopt a resolution stating their intention to remove the Manager and the reasons therefore, a copy of which shall be served forthwith on the Manager who may, within 10 days, demand a public hearing. Upon or after passage of such resolution, the Council may suspend him or her from duty, but his or her pay shall continue until his or her removal. If no appeal is filed, the Council may dismiss him or her. In the event of an appeal, the Council shall hold a public hearing not less than 10 days or more than 20 days from the date of appeal, after which they may dismiss him or her. Subchapter 11: Steering Committee § 13-1101. Membership. (a) There shall be a Steering Committee, the members of which shall be the City Manager, the Superintendent of South Burlington School District, the members of the Council, and members of the Board of School Directors. (b) The Committee shall elect a Chair and a Clerk at its first meeting following the annual City meeting, who shall serve until their successors are duly appointed and qualified. § 13-1102. Powers and duties. (a) The Steering Committee shall hold public meetings on the City and School District budgets as set forth in this charter. The Committee shall review proposed programs to be implemented by the City and the School District in the next fiscal year or for future years, and may inquire into and review any matters of financial interest to the City and the School District. § 13-904 SOUTH BURLINGTON CITY CODE CHT:20 DR A F T (b) The Steering Committee shall hold at least one regular meeting in each calendar quarter. Notice of any regular or special meeting, including a general statement of the purpose thereof, shall be placed in a newspaper of general circulation within the City, or by electronic means, at least seven days prior to the date for such meeting. (c) All meetings of the Committee shall be open to the public, and executive sessions shall not be permitted. (d) Any expenses of the Steering Committee shall be approved by the Steering Committee, the cost to be divided equally between the City and the South Burlington School District. Subchapter 13: Budget § 13-1301. Fiscal year. The fiscal year of the City and the City School District shall begin the first day of July and end on the last day of June of each calendar year. The fiscal year shall constitute the budget and accounting year as used in this charter. § 13-1302. Preparation and submission. (a) The City Manager and Superintendent of Schools shall prepare the budgets for the City and School District, respectively, and submit same to the Council and Board of School Directors at such time as required by said boards. The budgets shall contain: (1) An estimate of the financial condition of the City and School District as of the end of the fiscal year. (2) An itemized statement of appropriations recommended for current expenses, and for capital improvements during the next fiscal year; with comparative statements in parallel columns of appropriations and estimated expenditures for the current fiscal year and actual appropriations and expenditures for the next preceding fiscal year. (3) an itemized statement of estimated revenues from all sources, other than taxation, for the next fiscal year; a statement of taxes required for the next fiscal year; and comparative figures of tax and other sources of revenue for the current and next preceding fiscal years. § 13-1302CHARTER CHT:21 DR A F T (4) A capital budget for the next five fiscal years, showing anticipated capital expenditures, financing, and tax requirements. (5) Such other information as may be required by the Council and the Board of School Directors, respectively. (b) The Council and the Board of School Directors shall cause copies of the proposed budgets to be delivered to each member of the Steering Committee forthwith after the final preparation of the budgets, but not less than 45 days prior to the date of the annual City and School District meeting. The Steering Committee may hold a meeting for the review of such budgets, giving notice of the meeting as required in section 1102 of this chapter. No less than 35 days prior to the annual City and School District meeting, the Steering Committee may submit to the Council and the Board of School Directors its report and recommendations concerning the proposed budgets. (c) The Council shall warn the City budget for submission to the voters not less than 30 days before the annual City meeting and in the same manner, the Board of School Directors shall warn its budget for submission to the voters. § 13-1303. City and School District annual meeting warning and budget. The proposed budgets of the City and School District shall be made available to the legal voters of the City and School District at least 20 days before the annual City and School District meeting. Not more than 40 nor less than 30 days prior to the annual City and School District meeting, notice shall be published in a newspaper having general circulation within the City, informing voters of the date of a public hearing on the budgets and availability of the warnings for the annual City and School District meetings, the proposed City and School District budgets, and the City and School District annual reports. The Council and the Board of School Directors shall hold a public hearing on their respective budgets not more than 10 days before the annual City and School District meetings. (Amended 2007, No. M-14, § 5, eff. Nov. 11, 2007; 2009, No. M-19 (Adj. Sess.), § 4, eff. May 5, 2010.) § 13-1304. Amount to be raised by taxation. (a) Budgets for the City and the South Burlington School District shall be adopted when approved by the voters. Upon adoption of the budgets for the City and the South Burlington School District, the amounts stated therein as § 13-1302 SOUTH BURLINGTON CITY CODE CHT:22 DR A F T the amount of the budget for the City to be raised by property taxes shall constitute a determination of the amount of the levy for the purposes of the City in the corresponding tax year and the Council shall levy such taxes on the grand list furnished by the Assessor for the corresponding tax year. The amounts stated therein as the amount of the budget for the South Burlington School District shall be used to determine the education property tax rates in accordance with 32 V.S.A. § 5402. (b) If the budget of the City or School District is not approved by the voters at the annual meeting, the City Council or School Board may submit the budget, with or without change, to the voters at a special meeting which shall be held within 30 days of the annual meeting. This special meeting shall be warned in the same manner as that for the annual meeting with the exception that the warning for this meeting shall be filed with the City Clerk and posted not fewer than 15 days before the meeting. (c) If the budget for the City or School District is not approved by the voters at the special meeting provided for in subsection (b) of this section, the City Council or School Board shall diligently pursue voter approval of its budget. Pending voter approval of a City or School District budget, the City and School District shall be authorized to borrow funds and make expenditures that do not exceed the amount of the budget approved by the voters for the preceding year. (Amended 2007, No. M-14, § 6, eff. Nov. 11, 2007; 2007, No. M-16 (Adj. Sess.), § 2, eff. Feb. 1, 2008; 2011, No. M-9 (Adj. Sess.), § 2, eff. Jan. 30, 2012.) § 13-1305. Appropriation. From the effective date of the budgets, the several amounts stated therein become appropriated to the several agencies and purposes therein named. (Amended 2007, No. M-14, § 7, eff. Nov. 11, 2007.) § 13-1306. Departmental budget. The budget for all departments shall include all proposed expenditures, and the Council and Board of School Directors shall make a gross appropria- tion for each department for the ensuing fiscal year. The gross appropriation for each department of the City and School District shall not be exceeded except for consent of the Council and Board of Directors, respectively. § 13-1306CHARTER CHT:23 DR A F T § 13-1307. Transfers of appropriations. The Manager and School Superintendent, respectively, may at any time transfer an unencumbered appropriation balance or portion thereof between general classifications of expenditures within an office, department, or agency under his or her jurisdiction. At the request of the Manager or School Superintendent and within the last three months of the budget year, the Council and Board of School Directors, respectively, may by resolution transfer any unencumbered appropriation balance or portion thereof within the budgets from one department, office, or agency under their jurisdiction, to another. § 13-1308. [Reserved.] § 13-1309. Repealed. (2011, No. M-9 (Adj. Sess.), § 3, eff. January 30, 2012.) §§ 13-1309.1—1309.8. Repealed. (2007, No. M-14, § 10, eff. Nov. 11, 2007.) Subchapter 15: Taxation § 13-1501. Taxes on real and personal property. Taxes on real and personal property shall be due and payable in no fewer than three equal installments on such dates of each tax year as shall be determined annually by the City Council. (Amended 1999, No. M-4, § 4, eff. April 27, 1999.) § 13-1502. Penalty. A late charge of eight percent will be added to any tax not paid on or before the dates specified in section 1501 of this subchapter. In addition, interest at the rate of one percent per month will be added to any tax not paid on or before its due date, for each month or fraction thereof after the date on which the tax payment was due. § 13-1307 SOUTH BURLINGTON CITY CODE CHT:24 DR A F T § 13-1503. Waiver of penalty. (a) The City Manager may waive the penalty incurred by any taxpayer because of the late payment of the installment of real and personal property taxes, but only when all of the following requirements have been met: (1) The total amount of such installment was paid in full within 30 days from its due date; and (2) The taxpayer specifically requests in writing the waiver of such penalty, stating the reason for the request; and (3) The City Manager finds that the taxpayer was unable to make payment of said taxes by the due date because of circumstances beyond his or her control. (b) If the City Manager waives the penalty for any taxpayer, such fact and the reasons therefore shall be forthwith reported to the Council. (c) The City Manager shall also waive the penalty and interest incurred by a taxpayer because of the mathematical error of the City Tax Department in computing this tax, and such waiver shall be forthwith reported to the Council. § 13-1504. Business inventory and business personal property. (a) The City shall exempt business inventory as defined in 32 V.S.A. § 3848 from the property tax. (b) Business personal property as defined in 32 V.S.A. § 3618(c) shall be appraised in accordance with the provisions of 32 V.S.A. § 3618, as such provision is from time to time amended. (c) Subsection (b) of this section notwithstanding, all business personal property first located in the City after April 1, 1996, shall be exempt from property tax. (d) Subsection (b) of this section notwithstanding, the listed value of business personal property included in the City grand list for FY 1996, shall be reduced by 20% for FY 1997, and each year thereafter, or the maximum amount authorized under the provision of 32 V.S.A. § 3618(a), whichever is greater, and deleted from the grand list when reduced to zero listed value. § 13-1504CHARTER CHT:25 DR A F T § 13-1505. Tax stabilization agreements. Notwithstanding any other provisions of this charter or the requirements of the general law of the State of Vermont, the City Council is authorized and empowered to negotiate and execute agreements between the City and taxpayers regarding assessment and taxation of taxable commercial and industrial property located within the City, subject only to requirements of the Vermont Constitution and the limitation that no agreement shall be for a term longer than 10 years. Any agreement entered into under this provision shall require approval by four members of the City Council. § 13-1506. Sales, rooms, meals, and alcoholic beverages tax. (a) The City Council may impose a tax on those transactions in the City involving sales, rooms, meals, and alcoholic beverages which are subject to taxation by the State of Vermont. The authority of the City Council to impose a tax on these transactions was approved by the voters on November 7, 2006. Imposition of any tax by the City Council under this section shall be at the rate or rates specified in 24 V.S.A. § 138, and shall be imposed in accordance with the requirements of 24 V.S.A. § 138(a)(2), (c), and (d). (b) The City Council shall impose a tax authorized by this section by adopting an ordinance in the manner provided by sections 106—109 of this chapter. (c) Sales tax revenue received by the City shall be used to reduce the municipal property tax collected on the City grand list and shall not be used to increase total City revenues. (d) Rooms, meals, and alcoholic beverage tax revenues received by the City may, at the sole discretion of the City Council, be used in any of the following ways: (1) to deposit in a reserve fund established by the City Council to fund the purchase of land or for construction or reconstruction of City buildings and infrastructure; (2) to reduce the municipal property tax collected on the City grand list without increasing total City revenues; or (3) any combination of subdivisions (1) and (2) of this subsection. (Added 2007, No. M-13, § 2; eff. May 8, 2007.) § 13-1505 SOUTH BURLINGTON CITY CODE CHT:26 DR A F T Subchapter 17: Personnel § 13-1701. Appointment and removal. (a) All City employees not elected by the voters shall be appointed, supervised, and removed by the City Manager unless otherwise specified in this charter. There shall be no discrimination in employment on account of race, religion, or political affiliation. Appointments, layoffs, suspensions, promotions, demotions, and removals shall be made solely on the basis of training, experience, fitness, and performance of duties of the individual, in such manner as to ensure that the responsible administrative officer may secure efficient service. (b) Each employee shall have a three- to 12-month period of probation, as specified in the Personnel Rules and Regulations as established under section 1702 of this subchapter, during which time he or she may be freely discharged. After this period, he or she must be notified in writing of his or her suspension, demotion, layoff, or removal, and of the reason for such action. Within 10 days of such notice, he or she may request a public or executive hearing before the Council, who must hold such hearing not less than 10 days or more than 20 days after such request. The Council may support the action of the City Manager or may modify it. § 13-1702. Personnel rules and regulations. (a) The City Manager or his or her appointee shall be the Personnel Director. He or she shall prepare personnel rules and regulations protecting the interests of the City and of the employees. These rules and regulations must be approved by the Council and shall include the procedure for amending them and for placing them into practice. Each employee shall receive a copy of these rules and regulations when he or she is hired. (b) The rules and regulations may deal with the following subjects or with other similar matters of personnel administration: job classification, jobs to be filled, tenure, retirement, pensions, leaves of absence, vacations, holidays, hours and days of work, group insurance, salary plans, rules governing hiring, temporary appointment, layoff, reinstatement, promotion, transfer, demotion, settlement of disputes, dismissal, probationary periods, permanent or continuing status, in-service training, injury, employee records, and further regulations concerning the hearing of appeals. § 13-1702CHARTER CHT:27 DR A F T § 13-1703. Ethical guideline. The City Council shall further define business conduct and ethics in an approved guideline document to include at least the following: (1) No person in the service of the City shall either directly or indirectly give, render, pay, or receive any service or other valuable thing for or on account of or in connection with any appointment, proposed appointment, promotion, or proposed promotion. (2) No person appointed in the administrative service of the City, under the City Manager, shall continue in that position after becoming a candidate for nomination or election to any South Burlington public office, nor shall he or she make any contribution to the campaign funds on behalf of any candidate for City office. He or she may not take any part in the management of any political party, except by the ordinary exercise of his or her right as a citizen to belong to a political party, to express his or her opinions, and to vote. Subchapter 19: Assessment § 13-1901. Department of Assessment. There shall be a Department of Assessment, which shall consist of the position of Chief Assessor and such assistants as are deemed to be necessary by the City Manager and approved by the City Council. The Chief Assessor and assistants will be appointed, and may be removed, by the City Manager in accordance with subchapter 17 of this charter. § 13-1902. Powers and duties. The Department of Assessment shall have the same powers, discharge the same duties, proceed in the discharge thereof in the same manner, and be subject to the same liabilities as are prescribed for listers or the board of listers under the law of this State, except as herein otherwise provided. The elective Office of Lister shall be abolished. § 13-1903. Repealed. (2011, No. M-9 (Adj. Sess.), § 3, eff. January 30, 2012.) § 13-1703 SOUTH BURLINGTON CITY CODE CHT:28 DR A F T § 13-1904. Appraisal of unimproved land approved for commercial or industrial development. (a) The requirements of general law notwithstanding, the Assessor shall not take into consideration the effect of any local or State approval authorizing commercial or industrial development of unimproved land when determining the appraisal value of such land, except as provided in subsec- tion (c) of this section. (b) The requirements of general law notwithstanding, the Assessor shall not consider roadway, drainage, or utility improvements constructed on unimproved land pursuant to an approval granted to develop such land for commercial or industrial purposes, except as provided in subsection (c) of this section. (c) As of April 1 next following the date of issuance of a zoning permit under the City of South Burlington Land Development Regulations authoriz- ing construction of a building or buildings for commercial or industrial purposes, the Assessor shall determine the appraisal value of the land benefitted by said permit, taking into account all factors required under general law, including any permit or approval or any improvements not previously considered pursuant to subsections (a) and (b) of this section. If the permit holder has not taken action to initiate the authorized construction within six months of the date of issuance of the zoning permit and the zoning permit has expired, or if the zoning permit has been appealed to the Vermont Environmental Court, the Assessor shall not consider the land to be benefited by the permit. (d) "Unimproved land" means land, together with any improvements thereon, which is not devoted to a commercial or industrial use. Subchapter 20: Water Department § 13-2001. Continuation of prior law. The City of South Burlington may operate a Water Department in accordance with the general laws of the State of Vermont. (Amended 1997, No. M-15 (Adj. Sess.), § 4.) § 13-2001CHARTER CHT:29 DR A F T § 13-2002. Operations. The City Manager shall manage, and be responsible for, the administrative operation of the Water Department, including maintenance, repair, replace- ment, and expansion of the water system and purchasing. He/she shall generally perform the management and other duties vested in the superintendent of the water department under the general laws of the State, subject to the supervision and authority of the water commissioners. (Amended 1997, No. M-15 (Adj. Sess.), § 5.) § 13-2003. Accounts. The City Manager shall be responsible for the accounting and billing to the Water Department, subject to the supervision and authority of the water commissioners. § 13-2004. Board of Water Commissioners. The City Council shall constitute the Board of Water Commissioners, with authority to exercise all powers granted to water commissions under the general laws of the State. (Amended 1997, No. M-15 (Adj. Sess.), § 6.) § 13-2005. Repealed. (1997, No. M-15 (Adj. Sess.), § 7.) Subchapter 21: Amendment of Charter § 13-2101. Authority to amend. This charter may be amended in the manner provided by the laws of the State of Vermont for the amendment of municipal charters. § 13-2002 SOUTH BURLINGTON CITY CODE CHT:30 DR A F T CHARTER COMPARATIVE TABLE (RESERVED) CHTCT:1 DR A F T DR A F T PART II CODE OF ORDINANCES Chapter 1 GENERAL PROVISIONS Sec. 1-1. How Code designated and cited. Sec. 1-2. Rules of construction; definitions. Sec. 1-3. Catchlines and headings. Sec. 1-4. History notes. Sec. 1-5. State law references and editor's notes. Sec. 1-6. References to chapters or sections. Sec. 1-7. Certain ordinances not affected by Code. Sec. 1-8. Effect of repeal of ordinance. Sec. 1-9. Amendments to Code. Sec. 1-10. Additions and amendments deemed incorporated in Code. Sec. 1-11. Supplementation of Code. Sec. 1-12. Altering Code. Sec. 1-13. Severability of parts of Code. Sec. 1-14. General penalty; continuing violations. Sec. 1-15. Responsibility of officers of corporations violating this Code. Sec. 1-16. Conflicts. Sec. 1-17. Code does not affect prior offenses, rights, etc. CD1:1 DR A F T DR A F T Sec. 1-1. How Code designated and cited. The ordinances embraced in the following chapters and sections shall constitute and be designated the "Code of Ordinances, City of South Burlington, Vermont," and shall be so cited. Such ordinances may also be cited as the "South Burlington City Code." Charter reference—Authority to adopt and amend ordinances, book of ordinances, §§ 13-104—13-109. State law reference—Authority to adopt and amend ordinances, 24 V.S.A. ch. 59. Sec. 1-2. Rules of construction; definitions. In the construction of this Code, and of all ordinances, the following rules and definitions set out in this section shall be observed, unless such construction would be inconsistent with the manifest intent of the city council: Charter. The term "Charter" shall be deemed to mean and refer to the Charter of the City of South Burlington, Vermont, printed in part I of this volume. City. The term "the city" or "this city" shall be construed as if the words "of South Burlington, Vermont" followed it. City council or council. The term "city council" or "council" means the duly elected city council of the City of South Burlington, Vermont. Code. The term "this Code" or "the Code" means the Code of Ordinances, City of South Burlington, Vermont, as designated in section 1-1. Computation of time. When time is to be reckoned from a date or day an act is done, such date or day when such act is done shall not be included in the computation unless otherwise provided. Corporate limits, corporation limits, city limits. Whenever the term "corporate limits," "corporation limits" or "city limits" is used, it shall mean the legal boundary of the City of South Burlington, Vermont. County. The term "the county" or "this county" means the County of Chittenden in the State of Vermont. Delegation of authority. Whenever a provision appears requiring the head of a department, officer or employee of the city to do some act or make certain inspections, it is to be construed to authorize the head of the department, § 1-2GENERAL PROVISIONS CD1:3 DR A F T officer or employee to designate, delegate and authorize subordinates to perform the required act or make the required inspections unless the terms of the provision or section specifically designate otherwise. Gender. A word importing the masculine gender only shall extend and be applied to females or males and to firms, partnerships and corporations as well as to males. Interpretation. In the interpretation and application of any provision of this Code, it shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of this Code imposes greater restrictions upon the subject matter than the general provisions imposed by this Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling. Joint authority. All words giving joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers. Keeper, proprietor. The terms "keeper" and "proprietor" mean and include persons, firms, associations, corporations, clubs and partnerships, whether acting by themselves or through a servant, agent or employee. Manager or city manager. The term "manager" or "city manager" means the city manager of the City of South Burlington, Vermont. May. The term "may" is to be construed as being permissive. Month. The term "month" means a calendar month. Nontechnical and technical words. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning. Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing, and words importing the plural number may be applied as if singular. § 1-2 SOUTH BURLINGTON CITY CODE CD1:4 DR A F T Oath. The term "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases, the terms "swear" and "sworn" shall be equivalent to the terms "affirm" and "affirmed." Office, officer, employee, department, committee, commission, etc. Whenever the name of an office, officer, employee, department, committee, commission, etc., is given, it shall be construed as though the words "of the City of South Burlington, Vermont" were added. Or, and. The term "or" may be read "and" and the term "and" may be read "or," if the sense requires it. Owner. The term "owner," applied to a building or land, means and includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land. Person. The term "person" extends and is applied to associations, clubs, societies, firms, partnerships and bodies politic and corporate as well as to individuals. Personal property. The term "personal property" means and includes every species of property except real property, as herein described. Preceding, following. The terms "preceding" and "following" mean next before and next after, respectively. Premises. Whenever the term "premises" is used, it means place or places. Property. The term "property" means and includes real and personal property. Public place. The term "public place" means any park, recreation area, public building, cemetery, school yard or open space adjacent thereto, all streets and parking fields and all waterways. Real property. The term "real property" means and includes lands, tenements and hereditaments. Seal. Whenever the term "seal" is used, it means the city seal. Shall. The term "shall" is to be construed as being mandatory. § 1-2GENERAL PROVISIONS CD1:5 DR A F T Sidewalk. The term "sidewalk" means any portion of a street between the curbline and the adjacent property line intended for the use of pedestrians, excluding parkways. Signature, subscription. The term "signature" or "subscription" of a person means and includes a mark when the person cannot write. State. The term "the state" or "this state" shall be construed to mean the State of Vermont. Street. The term "street" means and includes the entire width between property lines of every way used for vehicular and pedestrian travel which has become public by authority of the law, and such ways in public places other than highways as the public is permitted to use for vehicular and pedestrian traffic. Tenant, occupant. The term "tenant" or "occupant," applied to a building or land, means and includes any person holding a written or oral lease or who occupies the whole or a part of such building or land, either alone or with others. Tense. Words used in the past or present tense include the future as well as the past and present. V.S.A. The abbreviation "V.S.A." means the latest edition of the Vermont Statutes Annotated, as amended. Week. The term "week" shall be construed to mean seven consecutive days. Written, in writing. The term "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise. Year. The term "year" means a period of 12 consecutive months. Sec. 1-3. Catchlines and headings. The catchlines of the several sections of this Code, printed in boldface type, and the chapter, article and division headings are intended as mere catchwords to indicate the contents of the section, chapter, article or division and shall not be deemed or taken to be titles of such section, chapter, article or division, nor, unless expressly so provided, shall they be so deemed when any of such sections, chapters, articles or divisions, including the catchlines, are amended or reenacted. § 1-2 SOUTH BURLINGTON CITY CODE CD1:6 DR A F T Sec. 1-4. History notes. The history notes appearing in parentheses after each section throughout this Code are not intended to have any legal effect, but are merely intended to indicate the source of the matter contained in the section. Sec. 1-5. State law references and editor's notes. The state law references and editor's notes appearing in this Code are inserted as an aid and guide to the reader of this Code and are not meant to have any legal effect. Sec. 1-6. References to chapters or sections. All references to chapters, articles, divisions or sections are to the chapters, articles, divisions and sections of this Code, unless otherwise specified. Sec. 1-7. Certain ordinances not affected by Code. Nothing in this Code or the ordinance adopting this Code shall be construed to repeal or otherwise affect the validity of any of the following when not inconsistent with this Code: (1) Any ordinance or resolution promising or guaranteeing the payment of money for the city, or authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness, or any contract or obligation assumed by the city; (2) Any administrative ordinances or resolutions; (3) Any right or franchise granted by any ordinance or resolution to any person; (4) Any ordinance or resolution dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating, etc., any street, alley or other public way; (5) The annual appropriation ordinance; (6) Any rezoning or zoning map amendment; (7) Any ordinance prescribing the street grades of any street in the city; (8) Any ordinance providing for local improvements and assessing taxes therefor; § 1-7GENERAL PROVISIONS CD1:7 DR A F T (9) Any ordinance prescribing traffic regulations for specific streets or locations; (10) Any ordinance creating a special district; (11) Any ordinance dedicating or accepting any plat or subdivision in the city; (12) Any annexation or ordinance extending the boundaries of the city; (13) Any ordinance providing for the acquisition of lands; (14) Any ordinance providing for compensation to officers or employees of the city; (15) Any ordinance concerning zoning or subdivisions; (16) Any ordinance or resolution fixing utility rates and charges; (17) Any ordinance levying or imposing taxes; (18) Any ordinance concerning fees, rates and charges; (19) Any temporary or special ordinance; (20) Any other ordinance that has neither been repealed nor included in this Code; and all such provisions shall continue in full force and effect as if fully set forth herein. Sec. 1-8. Effect of repeal of ordinance. (a) The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect. (b) The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding at the time of the repeal, for an offense committed under the ordinance repealed. Sec. 1-9. Amendments to Code. (a) All ordinances passed subsequent to adoption of this Code which amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of this Code and printed for inclusion in this Code. In the case of repealed chapters, sections or subsections or any part thereof, by subsequent ordinances, such repealed portions may be excluded § 1-7 SOUTH BURLINGTON CITY CODE CD1:8 DR A F T from this Code by omission from reprinted pages affected thereby. The subsequent ordinances as numbered and printed or omitted, in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time that this Code and subsequent ordinances numbered or omitted are readopted as a new code by the city council. (b) Amendments to any of the provisions of this Code shall be made by amending such provisions by specific reference to the section number of this Code in the following language: "The city council of the City of South Burlington hereby ordains that section of the Code of Ordinances, City of South Burlington, Vermont, is hereby amended to read as follows: ." The new provisions shall then be set out in full as desired. (c) If a new section not heretofore existing in this Code is to be added, the following language shall be used: "The city council of the City of South Burlington hereby ordains that the Code of Ordinances, City of South Burlington, Vermont, is hereby amended by adding a section to be numbered which section reads as follows: ." The new section shall then be set out in full as desired. (d)All sections, divisions, articles, chapters or provisions desired to be repealed must be specifically repealed by section, division, article or chapter number, as the case may be. Charter reference—Authority of city council to adopt, amend, repeal ordinances, § 13-103. Sec. 1-10. Additions and amendments deemed incorporated in Code. Any and all additions and amendments to this Code, when passed in such form as to indicate the intention of the city council to make the addition or amendment a part of this Code, shall be deemed to be incorporated in this Code, so that reference to this Code shall be understood and intended to include such additions and amendments. Sec. 1-11. Supplementation of Code. (a) By contract or by city personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the city council. A supplement to this Code shall include all substantive parts of permanent and general ordinances passed by the city council during the period covered by the supplement and all changes made thereby in this Code. The pages of a § 1-11GENERAL PROVISIONS CD1:9 DR A F T supplement shall be so numbered that they will fit properly into this Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, this Code will be current through the date of the adoption of the latest ordinance included in the supplement. (b) In preparing a supplement to this Code, all portions of this Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages. (c) When preparing a supplement to this Code, the codifier may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may: (1) Organize the ordinance material into appropriate subdivisions; (2) Provide appropriate catchlines, headings and titles for sections and other subdivisions of this Code printed in the supplement, and make changes in such catchlines, headings and titles; (3) Assign appropriate numbers to sections and other subdivisions to be inserted in this Code and, where necessary to accommodate new material, change existing section or other subdivision numbers; (4) Change the words "this ordinance," or words of the same meaning, to "this chapter," "this article," "this division," etc., as the cause may be, or to "sections to " (inserting section numbers to indicate the sections of this Code which embody the substantive sections of this Code which embody the substantive sections of the ordinance incorporated into this Code); and (5) Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into this Code; but, in no case, may the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in this Code. Sec. 1-12. Altering Code. It shall be unlawful for any person to change or amend by additions or deletions, any part or portion of this Code, or to insert or delete pages or portions thereof, or to alter or tamper with this Code in any manner whatsoever which will cause the law of the city to be misrepresented thereby. § 1-11 SOUTH BURLINGTON CITY CODE CD1:10 DR A F T CD1:11 GENERAL PROVISIONS §1-14 Sec. 1-13. Severability of parts of Code. It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional by the valid judgment of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code, since the same would have been enacted by the city council without the incorporation in this Code of any such unconstitutional phrase, clause, sentence, paragraph or section. Sec. 1-14. General penalty; continuing violations. (a)Violation of Code. It shall be unlawful for any person to violate or fail to comply with any provisions of this Code. Where no specific penalty is provided therefor in this Code, the violation of any provision shall be punishable as provided in this section. (b)Criminal civil ordinances. Any person in violation of a criminal ordinance of this Code and any such person in violation of any provision of this Code punishable as a misdemeanor shall be punishable by a fine not exceeding $800.00 or term of imprisonment not exceeding one year for a single offense. Each day the violation continues shall constitute a separate offense. (c)Civil ordinances. Any person in violation of a civil ordinance of this Code and any such person in violation of any provision of this Code punishable as a civil infraction shall be punishable by a penalty of not more than $800.00. Each day the violation continues shall constitute a separate violation. An issuing Municipal Official is authorized to recover civil penalties in the following amounts for each violation: Civil Penalties First offense $160.00 Second offense $320.00 Third offense $480.00 Fourth offense $640.00 Fifth and subsequent offenses $800.00 (d)Restitution. Any such person violating any of the provisions of this Code shall become liable to the city for any expense, loss or damage occasioned the city by reason of such violation. Charter reference—Authority to adopt penalty for violation of city ordinances, § 13-105. State law references—Authority of municipality to provide penalty for violation of criminal ordinance, 24 V.S.A. § 1974; authority of municipality to provide penalty for violation of civil ordinance, 24 V.S.A. § 1974a. DR A F T Sec. 1-15. Responsibility of officers of corporations violating this Code. For the purpose of enforcing this Code, a corporation shall be deemed to be represented by its president, or in his absence, by the vice-president, or in the absence of both, by the officer or individual in charge of the affairs of the corporation. Sec. 1-16. Conflicts. If there is a conflict between any provisions of this Code and any code adopted by reference herein, the more restrictive provision shall apply. Sec. 1-17. Code does not affect prior offenses, rights, etc. Nothing in this Code or the ordinance adopting this Code shall affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or accruing, before the effective date of this Code. § 1-15 SOUTH BURLINGTON CITY CODE CD1:12 DR A F T Chapter 2 ADMINISTRATION (RESERVED) CD2:1 DR A F T DR A F T Chapter 3 RESERVED CD3:1 DR A F T DR A F T Chapter 4 AMUSEMENTS AND ENTERTAINMENTS Article I. In General Secs. 4-1—4-18. Reserved. Article II. Circuses, Carnivals and Other Shows Sec. 4-19. Purpose and authority. Sec. 4-20. Definitions. Sec. 4-21. Regulation of shows. Sec. 4-22. Application for license. Sec. 4-23. Approval standards. Sec. 4-24. Approval conditions. Sec. 4-25. License fee. Sec. 4-26. Exemptions. Sec. 4-27. Enforcement. Sec. 4-28. Waiver fee. Sec. 4-29. Other relief. CD4:1 DR A F T DR A F T ARTICLE I. IN GENERAL Secs. 4-1—4-18. Reserved. ARTICLE II. CIRCUSES, CARNIVALS AND OTHER SHOWS* Sec. 4-19. Purpose and authority. The ordinance from which this article is derived is enacted by the city council to promote the public health, safety and welfare of the city under the authority it is granted to regulate public entertainment activities set forth in 24 V.S.A. § 2291 and section 13-104 of the Charter. The ordinance from which this article is derived shall constitute a civil ordinance within the meaning of 24 V.S.A. ch. 59. (Ord. of 7-6-1970; Ord. of 6-5-1995, § 12; Ord. of 7-21-2014, § 12; Ord. of 10-19-2015(4), § 1) Sec. 4-20. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Show means any circus, carnival, menagerie, street show or itinerant show. The term "show" also means any form of live entertainment or performance open to the public, such as, but not limited to, concerts, plays, dances with live music or a disc jockey, dance reviews, or performances by clowns, magicians, or comedians. (Ord. of 7-6-1970; Ord. of 6-5-1995, § 1; Ord. of 7-21-2014, § 1; Ord. of 10-19-2015(4), § 2) Sec. 4-21. Regulation of shows. (a) No show shall be conducted in the city unless a license has been obtained from the city manager, nor shall any show be conducted in violation of the provisions of this article. *State law reference—Authority to regulate, license, tax or prohibit circuses, carnivals and menageries and all plays, concerts, entertainments or exhibitions of any kind for which money is received, 24 V.S.A. § 2291(11). § 4-21AMUSEMENTS AND ENTERTAINMENTS CD4:3 DR A F T (b) A license issued under this article shall be effective on issuance and shall remain in effect until 12:00 midnight on the next occurring April 30 unless the city manager provides for expiration on an earlier date. A license which expires on April 30 shall remain in effect beyond April 30 if the holder of the license applies for a new license before April 30 and the application for new license is pending before the city manager on April 30. (Ord. of 7-6-1970; Ord. of 6-5-1995, § 2; Ord. of 7-21-2014, § 2; Ord. of 10-19-2015(4), § 3) Sec. 4-22. Application for license. (a) An application for a license under the provisions of this article shall be filed with the city manager at least 21 days before the date set for the opening of the show. (b) Such application shall include: (1) The name of the owner and operator of the show. (2) A site plan indicating location and distance from the nearest residences, fire hydrants, state and local highways, overhead electrical and telephone wires, entrances and exits to shopping centers and other public places. (3) The date(s) of the show, the intended hours of operation, and the number of days that the show will be conducted. (4) Description of the show, including the names of the performers or a list of each item of proposed exhibits or entertainment. (5) Any other information required by the city council or the city manager. (Ord. of 7-6-1970; Ord. of 6-5-1995, § 3; Ord. of 7-21-2014, § 3; Ord. of 10-19-2015(4), § 4) Sec. 4-23. Approval standards. Prior to the issuance of any license under this article, the city manager shall determine that the proposed show satisfies the following standards: (1) The proposed show is in conformance with any applicable city ordinances, including the city land development regulations. (2) The proposed show will not result in undue adverse traffic congestion and unsafe conditions regarding the use of public roads. § 4-21 SOUTH BURLINGTON CITY CODE CD4:4 DR A F T (3) The proposed show will not present or create a threat to the safety of persons or property because of fire, explosion or other hazard. (4) The proposed show will not create unhealthy conditions regarding water supply, sewage disposal or solid waste disposal. (5) The proposed show will not interfere with the use of neighboring property for its customary use by the creation of noise, dust, noxious odors, lighting or other activities which extend beyond the boundary of the activity. (6) The proposed show will not overburden the public infrastructure of the city. Special attention shall be given to the cumulative impacts of other activities which may be occurring at the same time. (7) The proposed show will not have an adverse effect on public health, safety, welfare and convenience of the inhabitants of the city. (Ord. of 7-6-1970; Ord. of 6-5-1995, § 4; Ord. of 7-21-2014, § 4; Ord. of 10-19-2015(4), § 5) Sec. 4-24. Approval conditions. When issuing a license under this article, the city manager may attach such reasonable conditions as the city manager may deem appropriate to mitigate or eliminate any impacts reviewable under the approval standards set forth above. Such conditions may include, but are not limited to: (1) Establishing specific hours for the proposed show. (2) Establishing noise limits. (3) Requiring the provision of trained traffic control personnel at no cost to the city. (4) Requiring the provision of crowd control and medical personnel at no cost to the city. (5) Requiring the provision of firefighting equipment and personnel at no cost to the city. (6) Requiring the posting of security bonds or escrow accounts to ensure compliance with applicable ordinances and license conditions. (7) Requiring that trash and litter on public streets attributable to the proposed activity be collected and removed at no cost to the city. § 4-24AMUSEMENTS AND ENTERTAINMENTS CD4:5 DR A F T (8) Restricting or prohibiting the consumption of alcoholic beverages in connection with any regulated activity. (9) Prohibiting the sale of admission or seating tickets in excess of the established capacity of the event area. (Ord. of 7-6-1970; Ord. of 6-5-1995, § 5; Ord. of 7-21-2014, § 5; Ord. of 10-19-2015(4), § 6) Sec. 4-25. License fee. The fees to be paid for licenses issued under this article shall be designated by resolution of the city council. The fee for any license shall be paid at the time of filing the application. (Ord. of 7-6-1970; Ord. of 6-5-1995, § 6; Ord. of 7-21-2014, § 6; Ord. of 10-19-2015(4), § 7) Sec. 4-26. Exemptions. Activities conducted by schools licensed by the state department of education and/or churches, on school or church grounds, are exempt from the requirement to obtain a license and pay a permit fee. (Ord. of 7-6-1970; Ord. of 6-5-1995, § 7; Ord. of 7-21-2014, § 7; Ord. of 10-19-2015(4), § 8) Sec. 4-27. Enforcement. (a) Any person who violates a provision of this article or who violates any condition of a license issued hereunder shall be subject to a violation which shall be punishable as a civil violation pursuant to section 1-14. (b) Police officers shall be authorized to act as issuing municipal officials to issue and pursue before the judicial bureau a municipal complaint. A municipal complaint may, at the discretion of the issuing municipal official, be dismissed upon the successful completion of a restorative justice program through the city community justice center. (Ord. of 7-6-1970; Ord. of 6-5-1995, § 8; Ord. of 7-21-2014, § 8; Ord. of 10-19-2015(4), § 9) State law references—Judicial bureau, 4 V.S.A. § 1102 et seq.; complaint signed by the issuing municipal official for civil ordinance violation, 24 V.S.A. § 1977. § 4-24 SOUTH BURLINGTON CITY CODE CD4:6 DR A F T Sec. 4-28. Waiver fee. An issuing municipal official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amount, for any person who declines to contest a municipal complaint and pays the waiver fee: Waiver Fees - Circuses, Carnivals or Other Shows First offense $100.00 Second offense $250.00 Third offense $400.00 Fourth offense $550.00 Fifth and subsequent offenses $700.00 (Ord. of 7-6-1970; Ord. of 6-5-1995, §§ 9, 10; Ord. of 7-21-2014, §§ 9, 10; Ord. of 10-19-2015(4), § 10) State law reference—Waiver penalty, 24 V.S.A. § 1977. Sec. 4-29. Other relief. (a) 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. (b) Any license issued under this article may be revoked by the city manager, for just cause, after notice to the license holder and provision of an opportunity for a hearing before the city manager. Any revocation pursuant to this section may be appealed to the city council by filing a notice thereof with the clerk of the council within ten days of such revocation. (Ord. of 7-6-1970; Ord. of 6-5-1995, § 11; Ord. of 7-21-2014, § 11; Ord. of 10-19-2015(4), § 11) State law references—Judicial bureau, 4 V.S.A. § 1102 et seq.; complaint signed by the issuing municipal official for civil ordinance violation, 24 V.S.A. § 1977. § 4-29AMUSEMENTS AND ENTERTAINMENTS CD4:7 DR A F T DR A F T Chapter 5 RESERVED CD5:1 DR A F T DR A F T Chapter 6 ANIMALS* Article I. In General Secs. 6-1—6-18. Reserved. Article II. Trapping of Animals Sec. 6-19. Prohibited. Sec. 6-20. Game wardens excluded. Sec. 6-21. Violation. Secs. 6-22—6-45. Reserved. Article III. Chickens Sec. 6-46. Authority and purpose. Sec. 6-47. Permit required. Sec. 6-48. Exceptions. Sec. 6-49. Number and type of chickens allowed. Sec. 6-50. Non-commercial use only. Sec. 6-51. Enclosures. Sec. 6-52. Odor and noise impacts. Sec. 6-53. Lighting. Sec. 6-54. Predators, rodents, insects and parasites. Sec. 6-55. Feed and water. Sec. 6-56. Waste storage and removal. Sec. 6-57. Enforcement. Sec. 6-58. Waiver fee. Sec. 6-59. Other relief. Secs. 6-60—6-76. Reserved. Article IV. Dogs and Cats Sec. 6-77. Purpose and authority. Sec. 6-78. Definitions. Sec. 6-79. Disturbances and nuisances. *Charter reference—Authority to adopt ordinances regarding keeping of dogs or other pets, § 13-104(7). State law references—Authority to regulate, by means of a civil ordinance the welfare of animals enforceable by humane officers, 24 V.S.A. § 2291(21); authority to regulate the keeping of dogs, 24 V.S.A. § 2291(10); limitation on authority to regulate hunting and trapping, 24 V.S.A. § 2295; humane treatment of animals, 13 V.S.A. § 351 et seq. CD6:1 DR A F T Sec. 6-80. Collar and license. Sec. 6-81. Humane care of dogs and cats. Sec. 6-82. Enforcement. Sec. 6-83. Impoundment. Sec. 6-84. Notice of impoundment and release from impoundment. Sec. 6-85. Investigation of vicious dogs or cats. Sec. 6-86. Civil penalty; waiver fee. Sec. 6-87. Other relief. SOUTH BURLINGTON CITY CODE CD6:2 DR A F T ARTICLE I. IN GENERAL Secs. 6-1—6-18. Reserved. ARTICLE II. TRAPPING OF ANIMALS* Sec. 6-19. Prohibited. The trapping of animals with leg hold type steel traps is prohibited in the city, except as provided in section 6-20. (Ord. of 6-4-1973(2), § 1) Sec. 6-20. Game wardens excluded. Game wardens in the performance of their duties are excluded from the provisions of this article. (Ord. of 6-4-1973(2), § 2) Sec. 6-21. Violation. Any person who is found guilty of violating the provisions of this article shall be guilty of a misdemeanor and the same shall be punished by a fine of not more than $100.00 at the discretion of the court. (Ord. of 6-4-1973(2), § 3) Secs. 6-22—6-45. Reserved. ARTICLE III. CHICKENS Sec. 6-46. Authority and purpose. (a) The ordinance from which this article is derived is enacted by the city council under the authority granted in 24 V.S.A. § 2291(14) and the city Charter. (b) The purpose of this article is to provide standards for the keeping of domesticated chickens. It is intended to enable residents to keep a small number of female chickens on a noncommercial basis while creating standards *State law references—Limitation on authority to regulate hunting and trapping, 24 V.S.A. § 2295; humane treatment of animals, 13 V.S.A. § 351 et seq. § 6-46ANIMALS CD6:3 DR A F T and requirements that ensure domesticated chickens do not adversely impact the neighborhood surrounding the property on which the chickens are kept. (c) The ordinance from which this article is derived shall constitute a civil ordinance within the meaning of 24 V.S.A. ch. 59. (Ord. of 9-20-2010, § 100; Ord. of 10-19-2015(1), § 1) Sec. 6-47. Permit required. (a) An annual permit is required for the keeping of any domesticated chickens. The annual permit is personal to the permittee and may not be assigned. (b) The fees to be paid for permits issued under this article shall be designated by resolution of the city council. (c) An applicant for a permit to keep chickens must demonstrate compli- ance with the criteria and standards in this article in order to obtain a permit. (d) The application for a permit shall be submitted to the city manager or his designee. (Ord. of 9-20-2010, § 101; Ord. of 10-19-2015(1), § 2) Sec. 6-48. Exceptions. (a) Agriculture and/or farming practices and/or structures, as defined by the state statutes or state secretary of agriculture, shall be exempt from this article. (b) Any use permitted as "keeping of livestock" under the city land development regulations shall be exempt from this article. (Ord. of 9-20-2010, § 102; Ord. of 10-19-2015(1), § 3) Sec. 6-49. Number and type of chickens allowed. (a) The maximum number of chickens allowed is six per lot, regardless of how many dwelling units are on the lot. In the case of residential condominium buildings without individually owned backyards, the maximum number of chickens allowed is six per each such building. The maximum number of chickens allowed on land owned by a fire district is 15. (b) Only female chickens are allowed. § 6-46 SOUTH BURLINGTON CITY CODE CD6:4 DR A F T (c) There is no restriction on chicken species. (Ord. of 9-20-2010, § 103; Ord. of 10-19-2015(1), § 4) Sec. 6-50. Non-commercial use only. Chickens shall be kept for personal use only; no person shall sell eggs or chicken meat or engage in chicken breeding or fertilizer production for commercial purposes. (Ord. of 9-20-2010, § 104; Ord. of 10-19-2015(1), § 5) Sec. 6-51. Enclosures. (a) Chickens must be kept in an enclosure, chicken tractor, or fenced area (chicken pen) at all times during daylight hours. Enclosures must be clean, dry, and odor-free, kept in a neat and sanitary condition at all times, in a manner that will not disturb the use or enjoyment of neighboring lots due to noise, odor or other adverse impact. The chicken pen must provide adequate sun and shade and must be impermeable to rodents, wild birds, and predators, including dogs and cats. It shall be constructed with sturdy wire fencing buried at least 12 inches in the ground or securely wrapped on all sides and the bottom. The pen must be covered with wire, aviary netting, or solid roofing. (b) Chickens shall be secured within a henhouse during non-daylight hours. The structure shall be enclosed on all sides and shall have a roof and doors. Access doors must be able to be shut and locked at night. Opening windows and vents must be covered with predator- and bird-proof wire of less than one-inch openings. The use of scrap, waste board, sheet metal, or similar materials is prohibited. The henhouse must be well-maintained. (c) Henhouses, enclosures, chicken tractors, and fenced areas shall be kept no less than 20 feet from all property lines. This requirement may be reduced to five feet from a property line with written approval from the neighboring property owner. Such written approval must be granted no greater than 30 days prior to submittal of an application under this article. Henhouses shall not exceed 30 square feet in size and may be located within a structure approved through the land development regulations or be freestanding. (d) Henhouses, enclosures, chicken tractors, and fenced areas located on land owned by a fire district shall be kept no less than 30 feet from all property lines. This requirement may be reduced to ten feet from a property § 6-51ANIMALS CD6:5 DR A F T line with written approval from the neighboring property owner. Such written approval must be granted no greater than 30 days prior to submittal of an application under this article. Henhouses located on land owned by a fire district shall not exceed 70 square feet in size and may be located within a structure approved through the land development regulations or be freestanding. (e) Henhouses, enclosures, chicken tractors and fenced areas shall only be located in rear yards if a primary residence exists on the property. For a corner lot or other property where no rear yard exists, these facilities shall not be located any closer to a public street than the primary residence. Henhouses are not allowed to be located in any part of a home. (Ord. of 9-20-2010, § 105; Ord. of 10-19-2015(1), § 6) Sec. 6-52. Odor and noise impacts. Odors from chickens, chicken manure, or other chicken-related substances shall not be perceptible at the property boundaries. Perceptible noise from chickens shall not be loud enough at the property boundaries to disturb persons of reasonable sensitivity. (Ord. of 9-20-2010, § 106; Ord. of 10-19-2015(1), § 7) Sec. 6-53. Lighting. Only motion-activated lighting may be used to light the exterior of the henhouse. (Ord. of 9-20-2010, § 107; Ord. of 10-19-2015(1), § 9) Sec. 6-54. Predators, rodents, insects and parasites. The property owner and/or chicken owner shall take all necessary action to reduce the attraction of predators and rodents and the potential infestation of insects and parasites that may result in unhealthy conditions to human habitation. If action is not taken by the property owner and/or chicken owner, such nuisance may be removed by the city through the animal control officer, or any other designee. The cost of the same shall be borne by the property owner and/or chicken owner. (Ord. of 9-20-2010, § 108; Ord. of 10-19-2015(1), § 10) § 6-51 SOUTH BURLINGTON CITY CODE CD6:6 DR A F T Sec. 6-55. Feed and water. Chickens must be provided with access to feed and clean water at all times; such feed and water shall be unavailable to rodents, wild birds and predators. (Ord. of 9-20-2010, § 109; Ord. of 10-19-2015(1), § 11) Sec. 6-56. Waste storage and removal. Provision must be made for the storage and removal of chicken manure. All stored manure shall be covered by a fully enclosed container or compost bin. No more than one 20-gallon container of manure shall be stored on any one property housing chickens. All other manure shall be removed. In addition, the henhouse, chicken pen and surrounding area must be kept free from trash and accumulated droppings. Uneaten feed shall be removed in a timely manner. (Ord. of 9-20-2010, § 110; Ord. of 10-19-2015(1), §§ 8, 12) Sec. 6-57. Enforcement. (a) Any person who violates a provision of this article or who violates any condition of a permit issued hereunder shall be subject to a violation which shall be punishable as a civil violation pursuant to section 1-14. (b) The city code officer and the animal control officer shall be authorized to act as issuing municipal officials to issue and pursue before the judicial bureau a municipal complaint. A municipal complaint may, at the discretion of the issuing municipal official, be dismissed upon the successful completion of a restorative justice program through the city community justice center. (Ord. of 9-20-2010, § 113; Ord. of 10-19-2015(1), § 13) Sec. 6-58. Waiver fee. An issuing municipal official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amount, for any person who declines to contest a municipal complaint and pays the waiver fee: Waiver Fees - Violations Regarding Chickens First offense $100.00 Second offense $250.00 Third offense $400.00 § 6-58ANIMALS CD6:7 DR A F T Waiver Fees - Violations Regarding Chickens Fourth offense $550.00 Fifth and subsequent offenses $700.00 (Ord. of 9-20-2010, § 111; Ord. of 10-19-2015(1), § 14) Sec. 6-59. Other relief. (a) 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. (b) A permit may be revoked without reimbursement of any fee for: (1) Misrepresentations on an application; (2) Violation of the provisions of this article or other city regulations; or (3) Where there is a risk to public health or safety. (c) Any revocation pursuant to this section may be appealed to the city council by filing a notice thereof with the secretary of the council within ten days of such revocation or suspension. (d) In addition to the penalty stated in section 6-58, any violation of the provisions of this article shall be grounds for an order from the city to remove the chickens and chicken-related structures. The health officer or animal control officer may order the removal of the chickens upon a determination that the chickens pose a health risk. If a chicken dies, it must be disposed of promptly in a sanitary manner. (Ord. of 9-20-2010, §§ 112, 114; Ord. of 10-19-2015(1), § 15) Secs. 6-60—6-76. Reserved. ARTICLE IV. DOGS AND CATS* Sec. 6-77. Purpose and authority. The ordinance from which this article is derived is adopted by the city council under authority of 20 V.S.A. § 3549, 24 V.S.A. § 2291(10), (14), and *Charter reference—Authority to regulate keeping of dogs and other pets, § 13-104(7). State law references—Authority to regulate keeping, leashing, muzzling, restraint, impoundment and destruction of domestic pets or wolf-hybrids, 20 V.S.A. § 3541 et seq.; authority to regulate, by means of a civil ordinance the welfare of animals enforceable by humane officers, 24 V.S.A. § 2291(21); limitation on authority to regulate hunting and trapping, 24 V.S.A. § 2295; humane treatment of animals, 13 V.S.A. § 351 et seq. § 6-58 SOUTH BURLINGTON CITY CODE CD6:8 DR A F T (15), 24 V.S.A. ch. 59, and section 13-104 of the Charter. The purpose of this article is to regulate the keeping of dogs and cats, to protect public health and safety and to protect the residents' quiet enjoyment of their homes and properties. (Ord. of 6-20-2011, §§ 1, 2; Ord. of 1-3-2017(1), § 1) State law references—Authority to regulate keeping, leashing, muzzling, restraint, impoundment and destruction of domestic pets or wolf-hybrids, 20 V.S.A. § 3549; authority to regulate, by means of a civil ordinance the welfare of animals enforceable by humane officers, 24 V.S.A. § 2291. Sec. 6-78. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Cat means any member of the feline species. Dog means any member of the canine species and any wolf-hybrid, as described in 20 V.S.A. § 3541(8). Enforcement official means any city police officer, animal control officer, or any other person designated by the city council to enforce the provisions of this article. Owner means any person, firm, association, or corporation owning, keep- ing, or harboring a dog or cat. Running at large means off the premises of the owner and not under the control of the owner, a member of his immediate family, or an agent of the owner, either by leash, cord, chain, or otherwise within control of such person so that at all times the dog or cat can be prevented from causing any damage, disturbance, or annoyance. Vicious dog or cat means a dog or cat that attacks any person or causes any person to reasonably fear attack or bodily injury from such animal unless the person is trespassing on the property of the owner. The term "vicious dog or cat" also means any dog or cat that, while running at large, attacks another domestic pet or domestic animal, as defined in 20 V.S.A. § 3541(2) and (3). § 6-78ANIMALS CD6:9 DR A F T Working farm dog means a dog that is bred or trained to herd or protect livestock or poultry or to protect crops and that is used for those purposes, and that is so registered pursuant to 20 V.S.A. § 3541(9). (Ord. of 6-20-2011, § 3; Ord. of 1-3-2017(1), § 2) State law reference—Definitions, 20 V.S.A. § 3541. Sec. 6-79. Disturbances and nuisances. (a) An owner of a dog or cat shall not allow, permit, or suffer a dog or cat to create a nuisance. The following shall be deemed nuisances: (1) Running at large in the city. (2) A female dog or cat in heat that is not confined to a building or other secured enclosure, except while under the direct control of the owner. (3) A dog or cat which, by frequent or long-continued noise, disturbs the quiet, comfort, and repose of others. (4) A dog or cat that defecates in any public area or on the private property of another person and whose owner does not immediately remove the fecal material and dispose of it in a sanitary manner. (b) The provisions of this section pertaining to running at large and disturbing the quiet, comfort, and repose of others shall not apply to a working farm dog on property being farmed by the person who registered the working farm dog and: (1) The working farm dog is barking in order to herd or protect livestock or poultry or to protect crops; or (2) The working farm dog is running at large in order to herd or protect livestock or poultry or to protect crops. (Ord. of 6-20-2011, § 4; Ord. of 1-3-2017(1), § 3) Sec. 6-80. Collar and license. (a) Each dog or cat shall be licensed according to the laws of the state and shall wear a collar or harness with the current license attached. A dog that is visiting from out of state must wear a collar or harness with a current license from its home state attached. (b) A dog or cat that is found without a collar or harness and license may be immediately impounded. § 6-78 SOUTH BURLINGTON CITY CODE CD6:10 DR A F T (c) A dog or cat not licensed by April 1 may be seized or detained by an enforcement official. A dog or cat will be kept by the city, at the owner's expense, for a period of 30 days to afford the owner an opportunity to pay in full all fines, penalties, fees and costs, of whatsoever kind, and to obtain a license and/or inoculation. At the end of the 30 days, if payment in full has not been received by the city, the dog or cat will be disposed of in a humane way or turned over to the humane society. (d) Under authority granted in section 13-104(7) of the Charter, a $12.00 city dog license fee and a $3.00 city cat license fee shall be imposed in addition to any license fee imposed by state statute. (e) Under authority granted in section 13-104(7) of the Charter, a $10.00 late licensing charge shall be imposed for dogs and cats licensed from April 2 to April 30. A $25.00 late licensing charge shall be imposed for dogs and cats licensed from May 1 to December 31. If a dog or cat is being registered due to the actions of an enforcement official, there will be a $50.00 fee imposed in addition to all other licensing fees and charges imposed. (Ord. of 6-20-2011, § 5; Ord. of 1-3-2017(1), § 4) State law references—Rabies immunization required, 20 V.S.A. § 3581; search warrant, 20 V.S.A. § 3551; license requirements, 10 V.S.A. § 3581 et seq.; rabies control, 20 V.S.A. § 3801 et seq. Sec. 6-81. Humane care of dogs and cats. All dogs and cats shall be furnished with clean and safe facilities sufficient to protect the animal and the public health. Any dog or cat determined by an enforcement official to be without such clean and safe facilities may be impounded. (Ord. of 6-20-2011, § 6; Ord. of 1-3-2017(1), § 5) Sec. 6-82. Enforcement. (a) The ordinance from which this article is derived is a civil ordinance, the violation of which shall be punishable as a civil violation pursuant to section 1-14, and which shall be enforced by an enforcement official in the state judicial bureau in accordance with 24 V.S.A. § 1974a et seq. (b) Each day the violation continues shall constitute a separate violation. § 6-82ANIMALS CD6:11 DR A F T (c) A municipal complaint may, at the discretion of the enforcement official, be dismissed upon the successful completion of a restorative justice program through the city community justice center. (Ord. of 6-20-2011, § 7; Ord. of 1-3-2017(1), § 6) State law references—Judicial bureau, 4 V.S.A. § 1102 et seq.; complaint signed by the issuing municipal official for civil ordinance violation, 24 V.S.A. § 1977. Sec. 6-83. Impoundment. (a) Any dog or cat that is determined by an enforcement official to be a vicious dog or cat which presents an imminent danger to people or other animals shall be immediately impounded. (b) Any dog or cat that is apprehended for a third or subsequent violation of any provision of this article shall be impounded. (c) Any dog or cat that is running at large where the owner cannot be found may be impounded. (Ord. of 6-20-2011, § 8; Ord. of 1-3-2017(1), § 7) State law reference—Investigation of vicious domestic pet or wolf-hybrid, 20 V.S.A. § 3546. Sec. 6-84. Notice of impoundment and release from impoundment. (a) An enforcement official who impounds a dog or cat shall, within 48 hours, give notice to the owner thereof. Such notice shall inform the owner of the nature of the violation, the location of the animal, and the steps that are necessary to have the animal returned to the owner. (b) If the owner of an impounded dog or cat cannot be located, the dog or cat may be released to the humane society. (c) If an impounded dog or cat has no license or other identification, the enforcement official shall proceed under the provisions of 20 V.S.A. § 3806. A refundable cash bond in the amount of $85.00 may be paid by the owner in lieu of the license fee which includes late fine if the city clerk's office is not open or the dog or cat requires vaccination prior to licensing. This cash bond shall be returned to the owner upon proper licensing of the animal, after determining the license fee amount and the late fee owed. Failure to license the dog or cat within five days shall cause forfeiture of the cash bond and the owner shall be subject to all penalties provided for by this article. § 6-82 SOUTH BURLINGTON CITY CODE CD6:12 DR A F T (d) An impounded dog or cat shall be released to the owner only after payment of all penalties and impoundment fees and after remedial action by the owner. Remedial action shall include, but is not limited to, such actions as providing a collar and current license and providing a plan for compliance with the provisions of this article and with state law. (e) An appropriate complaint shall be deemed to have been made when a person gives the enforcement official a full description of the dog or cat, including breed (if known), size, color, and other distinguishing features which description is sufficient for an enforcement official to make a proper identification. The person who made such complaint shall file in writing with the enforcement official a form furnished by the city setting forth his name, address, phone number, description of the dog or cat, and circumstances under which the dog or cat was believed to be in violation of this article. (f) In addition to the impoundment fees charged herein, there shall be a boarding charge as set by the impoundment facility for a per-day charge or fraction thereof during which the dog or cat is impounded. A dog or cat that is impounded and that is kept overnight shall be charged the per-day boarding fee. (g) The city council is hereby empowered to increase the impoundment fees provided for in this section by appropriate resolution. The city council may make such increases in said fees and charges as they deem appropriate and necessary. (Ord. of 6-20-2011, § 9; Ord. of 1-3-2017(1), § 8) State law reference—Authority to impound domestic pet or wolf-hybrid, 20 V.S.A. § 3806. Sec. 6-85. Investigation of vicious dogs or cats. (a) When a dog or cat has bitten a person while the dog or cat is off the premises of the owner or keeper, and the person bitten requires medical attention for the attack, such person may file a written complaint with an enforcement official or the city health officer. The complaint shall contain the time, date and place where the attack occurred, the name and address of the victim, and any other facts that may assist the city council in conducting its investigation. (b) The city council, within seven days from receipt of the complaint, shall investigate the charges and hold a hearing on the matter. If the owner of the dog or cat which is the subject of the complaint can be ascertained with due diligence, said owner shall be provided with a written notice of the time, date, and place of the hearing and the facts of the complaint. § 6-85ANIMALS CD6:13 DR A F T (c) If the dog or cat is found to have bitten the victim without provocation, the city council shall make such order for the protection of persons as the facts and circumstances of the case may require, including, without limita- tion, that the dog or cat is disposed of in a humane way, muzzled, chained, or confined. The order shall be sent by certified mail, return receipt requested. A person who, after receiving notice, fails to comply with the terms of the order shall be subject to the penalties provided in 20 V.S.A § 3550. (d) The procedures provided in this section shall only apply if the dog or cat is not a rabies suspect. If a member of the city council or an enforcement official determines that the animal is a rabies suspect, the provision of V.S.A. title 20, chapter 193, subchapter 5 (20 V.S.A. § 3801 et seq.) and the rules of the state department of health shall apply. (Ord. of 6-20-2011, § 10; Ord. of 1-3-2017(1), § 9) State law reference—Investigation of vicious dog or cat, 20 V.S.A. § 3546. Sec. 6-86. Civil penalty; waiver fee. (a) An enforcement official is authorized to recover civil penalties in the following amounts for each violation of section 6-79, 6-80, or 6-81: Civil Penalties - Dog and Cat Care and Control Violations First offense $50.00 Second offense $100.00 Third offense $200.00 Fourth and subsequent offenses $300.00 (b) An enforcement official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amount, for any person who declines to contest a municipal complaint and pays the waiver fee: Waiver Fees - Dog and Cat Care and Control Violations First offense $25.00 Second offense $50.00 Third offense $100.00 Fourth and subsequent offenses $200.00 (c) Offenses shall be determined on a rolling 12-month basis. (Ord. of 6-20-2011, § 11; Ord. of 1-3-2017(1), § 10) Sec. 6-87. Other relief. This article is in addition to all other ordinances of the city and all applicable laws of the state. In addition to impoundment and the enforce- § 6-85 SOUTH BURLINGTON CITY CODE CD6:14 DR A F T ment procedures available before the judicial bureau, the city manager is authorized to commence a civil action to obtain injunctive relief and other appropriate relief or to pursue any other remedy authorized by law. (Ord. of 1-3-2017(1), § 11) § 6-87ANIMALS CD6:15 DR A F T DR A F T Chapter 7 RESERVED CD7:1 DR A F T DR A F T Chapter 8 BUILDINGS AND BUILDING REGULATIONS* Article I. In General Secs. 8-1—8-18. Reserved. Article II. Electrical Installations Division 1. Generally Sec. 8-19. Authority and purpose. Sec. 8-20. Definitions. Sec. 8-21. Liability for damages. Sec. 8-22. Enforcement. Sec. 8-23. Waiver fee. Sec. 8-24. Other relief. Secs. 8-25—8-51. Reserved. Division 2. Permit Sec. 8-52. Required for installation of electrical wiring or equipment. Sec. 8-53. Application. Sec. 8-54. Issuance of permit; duration of permit. Sec. 8-55. Wiring installed without a permit. Secs. 8-56—8-83. Reserved. Division 3. Inspection Sec. 8-84. Inspection of work; notice of defective work. Sec. 8-85. Inspection of concealed wiring. Sec. 8-86. Certificate of approval. Sec. 8-87. Connection to energy sources prohibited until certificate of approval issued. Sec. 8-88. Sale or occupancy of a structure without certificate of approval. Sec. 8-89. Re-inspection; notice of unsafe conditions. Sec. 8-90. Appeals. Sec. 8-91. Duties of the electrical inspector. Sec. 8-92. Authority granted to the inspector. Secs. 8-93—8-112. Reserved. *State law references—Authority to adopt building standards consistent with 20 V.S.A. § 2731, 24 V.S.A. § 3101; state building fire prevention standards, 20 V.S.A. § 2731. CD8:1 DR A F T Division 4. License Sec. 8-113. Required; ratio. Secs. 8-114—8-139. Reserved. Division 5. Fees Sec. 8-140. Fees pertaining to permits and inspections, and recovery of enforcement costs; assessment as lien on real estate. Secs. 8-141—8-163. Reserved. Article III. Substandard, Unsafe, Unmaintained Buildings Sec. 8-164. Purpose and authority. Sec. 8-165. Definitions. Sec. 8-166. Prohibition. Sec. 8-167. Enforcement. Sec. 8-168. Waiver fee. Sec. 8-169. Other relief. SOUTH BURLINGTON CITY CODE CD8:2 DR A F T ARTICLE I. IN GENERAL Secs. 8-1—8-18. Reserved. ARTICLE II. ELECTRICAL INSTALLATIONS DIVISION 1. GENERALLY Sec. 8-19. Authority and purpose. The ordinance from which this article is derived is enacted by the city council under the authority granted in 20 V.S.A. § 2736, 24 V.S.A. § 1033, 26 V.S.A. § 898, and the city Charter. The purpose of this article is to reduce, insofar as possible, the hazards to persons and property from the use of electricity within the city and thereby promote the public health, safety, welfare and convenience. The ordinance from which this article is derived shall constitute a civil ordinance within the meaning of 24 V.S.A. ch. 59. (Ord. of 7-6-2015, § 1) Sec. 8-20. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Complex structure. The term "complex structure" shall have the same meaning as the term "public building" as defined in 26 V.S.A. § 881(3) and shall be interpreted and applied consistently with the interpretation and application given the term "complex structure" by the state department of public safety, division of fire safety under 26 V.S.A. ch. 15 and the state electrical safety rules. Electrical code means the state electrical safety rules as adopted by the commissioner of the state department of public safety and the state electricians licensing board for new and existing buildings, as amended from time to time. Electrical inspector means the individual appointed by the city manager, with the consent of the city council, to perform the electrical inspection and § 8-20BUILDINGS AND BUILDING REGULATIONS CD8:3 DR A F T enforcement functions of the city fire department under this article and an inspection agreement between the state department of public safety, division of fire safety and the city, executed pursuant to 26 V.S.A. § 898. (Ord. of 7-6-2015, § 2) Sec. 8-21. Liability for damages. Nothing in this article shall be construed to relieve from or lessen the responsibility or liability of any person owning, operating, controlling or installing any wiring, devices, appliances or equipment for damage to the person or property caused by any defect therein, nor shall the city, the city fire department, or the electrical inspector be held as assuming such liability by reason of the inspection authorized herein or the issuance of a certificate of approval. (Ord. of 7-6-2015, § 18) Sec. 8-22. Enforcement. Any person who violates a provision of this article or who violates any condition of a permit or certificate of approval issued hereunder shall be subject to a violation which shall be punishable as a civil violation pursuant to section 1-14. The electrical inspector shall be authorized to act as the issuing municipal official to issue and pursue before the judicial bureau a municipal complaint. (Ord. of 7-6-2015, § 19) Sec. 8-23. Waiver fee. An issuing municipal official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amounts, for any person who declines to contest a municipal complaint and pays the waiver fee: Waiver Fees - Electrical Installations First offense $100.00 Second offense $250.00 Third offense $400.00 Fourth offense $550.00 Fifth and subsequent offenses $700.00 (Ord. of 7-6-2015, § 20) § 8-20 SOUTH BURLINGTON CITY CODE CD8:4 DR A F T Sec. 8-24. Other relief. In addition to the enforcement procedures available before the judicial bureau, the city manager is authorized to commence a civil action to obtain injunctive and other appropriate relief, or to pursue any other remedy authorized by law. Nothing herein shall be construed to limit other rights, remedies or penalties available by law, including under 26 V.S.A. ch. 15. (Ord. of 7-6-2015, § 21) Secs. 8-25—8-51. Reserved. DIVISION 2. PERMIT Sec. 8-52. Required for installation of electrical wiring or equip- ment. No wiring or equipment for the transmission, distribution or utilization of electricity for any purpose shall be installed within or on any complex structure, nor shall any alterations or additions be made on any existing wiring or equipment within or on any complex structure until a permit is issued by the electrical inspector. No permit shall be required for: (1) The connection of portable devices to suitable receptacles which have been permanently installed; or (2) The installation, maintenance of equipment to be installed by or for a public utility or public service corporation for the use of such utility or corporation in the generation, transmission, distribution or metering of electric energy. (Ord. of 7-6-2015, § 3) Sec. 8-53. Application. Application for a permit required by this division shall be made in writing to the electrical inspector on forms furnished by him to the person, firm or corporation doing or installing the work and the permit, if granted, shall be issued to such applicant. The application shall describe the work to be done and the location thereof, and shall be accompanied by plans and specifica- tions as required by the electrical inspector. (Ord. of 7-6-2015, § 4) § 8-53BUILDINGS AND BUILDING REGULATIONS CD8:5 DR A F T Sec. 8-54. Issuance of permit; duration of permit. If the electrical inspector finds that the work described in such application conforms with the provisions of this article and the code, the electrical inspector shall issue a permit. Such permits shall be valid for three years from the date of issuance. The electrical inspector shall have the discretion to approve extensions of time beyond the three-year limit provided that all extensions are in writing and are for a specified duration. (Ord. of 7-6-2015, § 5) Sec. 8-55. Wiring installed without a permit. Whenever any electrical work or wiring is found to have been installed without a permit where one is required, the electrical inspector is authorized to cut the wires, remove fuses, disconnect the switches or otherwise make the specific circuit or system inoperative until a permit has been secured from the electrical inspector. (Ord. of 7-6-2015, § 6) Secs. 8-56—8-83. Reserved. DIVISION 3. INSPECTION* Sec. 8-84. Inspection of work; notice of defective work. A person performing work under a permit, or their authorized representa- tive, shall notify the electrical inspector and request an inspection of the work being done. The electrical inspector shall inspect all electrical wiring and equipment installed under such permits, with the holder of such permit or a representative who holds a state electrical license. If upon inspection the work is found not to comply with the provisions of this article and the code, the electrical inspector shall notify the person performing the work, stating the defects that have been found to exist. The electrical inspector shall determine the number of inspections he deems necessary. (Ord. of 1-4-1971, § 6(a); Ord. of 7-6-2015, § 7) *State law references—Authority to establish inspection procedures and appoint inspector, 26 V.S.A. § 898; electrical installations, 26 V.S.A. § 881 et seq. § 8-54 SOUTH BURLINGTON CITY CODE CD8:6 DR A F T Sec. 8-85. Inspection of concealed wiring. When any part of an electrical installation will be concealed from view by the permanent placement of parts of the complex structure, the person installing the wiring shall notify the electrical inspector and such parts of the wiring installation shall not be concealed until 72 hours, exclusive of Saturdays, Sundays and legal holidays, shall have elapsed from the time of such notification so that the electrical inspector can inspect the installation, provided that on large installations where the concealment of parts of the wiring proceeds continuously, the person installing the wiring shall give the electrical inspector due notice. (Ord. of 1-4-1971, § 6(b); Ord. of 7-6-2015, § 8) Sec. 8-86. Certificate of approval. If upon inspection the work is found to comply with the provisions of this article and the code, the electrical inspector shall complete a certificate of approval for such work authorizing connection to the source of supply for final testing and use of the installation. The electrical inspector shall also notify the public utility furnishing service of such authorization. A temporary certificate of approval may be issued authorizing the connection and use of certain portions of an incomplete installation and such temporary certificate of approval shall be revocable at the discretion of the electrical inspector. (Ord. of 1-4-1971, § 6(a); Ord. of 7-6-2015, § 9) Sec. 8-87. Connection to energy sources prohibited until certificate of approval issued. (a) Except in cases of emergency, it shall be unlawful for any person to make connection from a source of energy to any electrical wiring or equipment for the installation of which a permit is required until a certificate of approval has been issued by the electrical inspector, authorizing such connection. (b) It shall be unlawful for any person to make connection from a source of electrical energy to any electrical wiring or equipment which has been disconnected or ordered to be disconnected by the electrical inspector or the use of which has been ordered by the electrical inspector to be discontinued, until a certificate of approval has been issued by him authorizing the § 8-87BUILDINGS AND BUILDING REGULATIONS CD8:7 DR A F T reconnection and use of such wiring or equipment. Where emergency work is done, the electrical inspector shall be notified as soon as possible and shall inspect such work. (c) No public utility shall furnish any electrical service to any person until notified that the work has been approved and that a certificate of approval has been issued by the electrical inspector. (Ord. of 7-6-2015, § 10) Sec. 8-88. Sale or occupancy of a structure without certificate of approval. No complex structure containing any electrical wiring or equipment for the installation of which a permit is required may be sold or conveyed for use or occupancy without first securing a certificate of approval issued by the electrical inspector. (Ord. of 7-6-2015, § 11) Sec. 8-89. Re-inspection; notice of unsafe conditions. The electrical inspector may make periodically a re-inspection of the installations of all electrical wiring and equipment now or hereafter installed within the city and within the scope of this article and when such wiring or equipment is found to be in a dangerous or unsafe condition, the owner of the premises or his agent shall be notified of such condition and shall make such repairs or changes as are necessary to put such wiring or equipment in a safe and proper condition. Such repairs or changes shall be completed within 15 days from the date of notice or within such other period of time as may be designated by the electrical inspector in the notice. (Ord. of 7-6-2015, § 12) Sec. 8-90. Appeals. Any person aggrieved by an order or action of the electrical inspector may appeal to the commissioner of the state department of public safety in accordance with 26 V.S.A. § 898(f). (Ord. of 1-4-1971, § 7; Ord. of 7-6-2015, § 13) Sec. 8-91. Duties of the electrical inspector. It shall be the duty of the electrical inspector to see that the provisions of this article and the code are enforced. The electrical inspector shall upon § 8-87 SOUTH BURLINGTON CITY CODE CD8:8 DR A F T application of a licensed electrician, or a homeowner in his own dwelling, grant permits for the installation or alteration of electrical wiring and equipment on, over or under a street or building within the city and shall require the same to be erected in accordance with the code. The electrical inspector shall keep an accurate record of all proceedings and report the same to the chief of the fire department. (Ord. of 1-4-1971, § 3; Ord. of 7-6-2015, § 14) Sec. 8-92. Authority granted to the inspector. The electrical inspector shall have the right, during reasonable hours, to enter any complex structure in the discharge of his official duties, or for the purpose of making any inspection, re-inspection or test of the installation of electrical wires and equipment contained therein and shall have the authority to disconnect any wiring in cases of emergency where necessary for safety to life or property. The electrical inspector is hereby empowered to order the discontinuance of electrical service to any electrical wiring and equipment found to be dangerous to life or property until such wiring or equipment has been made safe. (Ord. of 1-4-1971, § 4; Ord. of 7-6-2015, § 15) Secs. 8-93—8-112. Reserved. DIVISION 4. LICENSE Sec. 8-113. Required; ratio. (a) No person shall engage in or conduct the business of installing or repairing electrical wiring, devices, appliances or equipment within the city unless he has been granted a master license by the state; provided, however, that a license shall not be required for those electrical installations as defined in 26 V.S.A. § 910. (b) No licensed master electrician shall permit any person employed by him to install, alter or repair electrical wiring, fixtures or apparatus unless such person is licensed hereunder to do the particular work or registered as an apprentice and working under the direct supervision of one who holds a current master or journeyman electrical license from the state. § 8-113BUILDINGS AND BUILDING REGULATIONS CD8:9 DR A F T (c) The ratio of licensed to unlicensed people shall be as required by 26 V.S.A. ch. 15. (Ord. of 7-6-2015, § 16) Secs. 8-114—8-139. Reserved. DIVISION 5. FEES Sec. 8-140. Fees pertaining to permits and inspections, and recovery of enforcement costs; assessment as lien on real estate. (a) The fees to be paid for permits and inspections under the provisions of this article shall be designated by resolution of the city council. In addition to any other applicable penalties, if any electrical work requiring a permit commences before a permit has been issued, there shall be an administrative processing fee to recover the costs associated with enforcement. This administrative processing fee shall be determined by the city council. (b) All expenses, fees, costs or charges assessed under this division shall be a lien upon the real estate, which may be enforced in the same manner as a tax lien under 32 V.S.A. § 5061, provided the lien is duly recorded in the city land records. (Ord. of 1-4-1971, § 5; Ord. of 7-6-2015, § 17) Secs. 8-141—8-163. Reserved. ARTICLE III. SUBSTANDARD, UNSAFE, UNMAINTAINED BUILDINGS* Sec. 8-164. Purpose and authority. The ordinance from which this article is derived was formerly titled "Ordinance to Regulate Unmaintained Buildings." It is the purpose of this article to require the restoration or the removal of any building that is substantially damaged by fire, storm, flooding, or other catastrophic event. The council finds that buildings which are so damaged create unsafe and unhealthy conditions in the city if they are not restored or removed after such damage. The ordinance from which this article is derived is enacted pursuant *State law references—Authority to require repair of premises that are dangerous to health or safety of the public, 24 V.S.A. § 2291(13); building standards, 20 V.S.A. § 2731. § 8-113 SOUTH BURLINGTON CITY CODE CD8:10 DR A F T to the authority granted to the city under 20 V.S.A. § 2291(13) and sections 13-103 and 13-104 of the Charter. The ordinance from which this article is derived shall constitute a civil ordinance within the meaning of 24 V.S.A. ch. 59. (Ord. of 4-17-2017(1), § 1) Sec. 8-165. Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Building means a structure located on land which contains a roof and is intended for use or occupancy by persons or animals. The term "building," as used in this article, does not include a structure with a height of less than 12 feet from the base of the building and a floor area of less than 150 square feet. Substantial loss of use means the practical inability to use or the actual non-use of over 30 percent of the area of the building. The calculation of such area shall not include the area in basements or attics of a building unless such area was in actual use prior to the loss of use. (Ord. of 4-17-2017(1), § 2) Sec. 8-166. Prohibition. (a) The owner of any building in the city shall, within six months of the date such building suffers a substantial loss of use as a result of damage caused by fire, storm, flood, or other catastrophic event, either commence work to: (1) Restore the building to a condition reasonably suited to allow use of the building for its use prior to such loss or damage or another use approved under applicable city and state regulations; (2) Restore a building unused prior to such loss or damage to a condition reasonably suited to allow use of the building for a use approved under applicable city and state regulations; or (3) Remove the building from the site and reclaim the site so that it is free of exposed excavation and debris. § 8-166BUILDINGS AND BUILDING REGULATIONS CD8:11 DR A F T (b) A person shall complete any work commenced under subsection (a) of this section within 12 months of the date of commencing such work. (Ord. of 4-17-2017(1), § 3) Sec. 8-167. Enforcement. (a) Any person who violates a provision of this article shall be subject to a violation which shall be punishable as a civil violation pursuant to section 1-14. The city code officer shall be authorized to act as the issuing municipal official to issue and pursue before the judicial bureau a municipal complaint. (b) Each day the violation continues shall constitute a separate violation. (c) A municipal complaint may, at the discretion of the issuing municipal official, be dismissed upon the successful completion of a restorative justice program through the city community justice center. (Ord. of 4-17-2017(1), § 4) Sec. 8-168. Waiver fee. An issuing municipal official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amount, for any person who declines to contest a municipal complaint and pays the waiver fee: Waiver Fees - Substandard, Unsafe, Unmaintained Buildings First offense $100.00 Second offense $250.00 Third offense $400.00 Fourth offense $550.00 Fifth and subsequent offenses $700.00 (Ord. of 4-17-2017(1), § 5) Sec. 8-169. Other relief. In addition to the enforcement procedures available before the judicial bureau, the city manager is authorized to commence a civil action to obtain injunctive and other appropriate relief or to pursue any other remedy authorized by law. (Ord. of 4-17-2017(1), § 6) § 8-166 SOUTH BURLINGTON CITY CODE CD8:12 DR A F T Chapter 9 RESERVED CD9:1 DR A F T DR A F T Chapter 10 CIVIL EMERGENCIES (RESERVED) CD10:1 DR A F T DR A F T Chapter 11 RESERVED CD11:1 DR A F T DR A F T Chapter 12 EMERGENCY SERVICES Article I. In General Secs. 12-1—12-18. Reserved. Article II. Security Alarm Systems Division 1. Generally Sec. 12-19. Findings of fact; purpose and authority. Sec. 12-20. Definitions. Secs. 12-21—12-43. Reserved. Division 2. Administration Sec. 12-44. Registration of security alarm systems. Secs. 12-45—12-61. Reserved. Division 3. Regulations Sec. 12-62. Responsibility to prevent false alarms. Sec. 12-63. Reporting false alarms; appeals and fees. Sec. 12-64. Prohibited security alarm systems. Sec. 12-65. Elevator car emergency signaling devices. Secs. 12-66—12-88. Reserved. Division 4. Enforcement Sec. 12-89. Violations. Sec. 12-90. Waiver fee. Sec. 12-91. Other relief. Sec. 12-92. Alarm system fees and charges; response to repeated false alarms. CD12:1 DR A F T DR A F T ARTICLE I. IN GENERAL Secs. 12-1—12-18. Reserved. ARTICLE II. SECURITY ALARM SYSTEMS* DIVISION 1. GENERALLY Sec. 12-19. Findings of fact; purpose and authority. (a) Findings of fact. When appropriate alarm systems are properly installed and maintained, and their presence is made known to designated officials, they provide valuable assistance to local law enforcement and emergency service personnel in the performance of their duties and deter criminal activity in the community. The installation of such systems and their frequent activation for other than their intended purpose significantly interferes with the efficient provision of law enforcement and emergency services in the community and for this reason jeopardizes the public health, safety, and welfare. (b) Authority. The ordinance from which this article is derived is adopted by the city council under authority conferred by 24 V.S.A. § 2291(14) and section 13-103 of the Charter. (c) Purpose. The purpose of this article is to ensure that all security alarm systems installed in the city are disclosed to appropriate officials and are properly maintained and used so that such systems will promote the public health, safety, and welfare. (d) Civil ordinance. The ordinance from which this article is derived shall constitute a civil ordinance within the meaning of 24 V.S.A. ch. 59. (Ord. of 10-16-2006, § 1; Ord. of 1-3-2017(3), § 1) *Editor’s note—The City of South Burlington Security Alarm Ordinance was first adopted on September 15, 1975, and amended in its entirety on May 17, 1993. Amendments to those ordinances are contained in the history note immediately following the amended section. State law references—Tampering with fire alarms, 13 V.S.A. § 1752; false alarms, 13 V.S.A. § 1753; licensed master electrician authorized to design, install, repair, etc. alarm systems, 26 V.S.A. § 902; private security services, 26 V.S.A. § 3151 et seq. § 12-19EMERGENCY SERVICES CD12:3 DR A F T Sec. 12-20. Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alarm system coordinator means a person employed within the police department who is designated by the police chief and is responsible for discharging duties as specified in this article. Audible alarm means any device, bell, horn, or siren which is attached to the interior and/or exterior of a building, structure, or facility and emits a warning signal which is audible outside the building, structure, or facility and is designed to attract attention when activated by a criminal act or other emergency requiring police department response. Automatic dialing device means a device which is connected to a telephone line and is programmed to transmit a signal by a voice coded message that indicates that an emergency condition exists and the need for an emergency response is required. Elevator car emergency signaling device means a device installed in an elevator car that, upon activation of a push button, initiates a call for help and establishes two-way communications. False alarm means an alarm activated in the absence of an emergency, whether willfully or by inadvertence, negligence, or an unintentional act, including the malfunction or unannounced testing of the security alarm system, to which the police department responds. The intentional activation of a holdup alarm for other than its intended purpose is also a false alarm. (1) Multiple alarms received by the police department within a reasonable period of time before the system can be deactivated shall be considered a single alarm. (2) Alarms that occur for the following reasons are excluded from this definition: a. Testing or repairing of telephone or electrical lines or equipment outside the premises; b. Natural disasters, such as an earthquake, major flood, or other severe weather event; c. An attempted illegal entry of which there is visible evidence; § 12-20 SOUTH BURLINGTON CITY CODE CD12:4 DR A F T d. A crime in progress; or e. In the case of an actual medical emergency, the activation of an intrusion detection alarm to summon any emergency response personnel. (3) Alarms that occur within 30 days of an initial security alarm system registration are also excluded. Holdup alarm means an alarm generated by the manual activation of a device intended to signal a robbery or other crime in progress. Owner means a person who owns real property as identified in the city land records. Security alarm system means any assembly of equipment, mechanical, electrical, or battery operated, arranged to signal the occurrence of an emergency requiring immediate attention and to which the police depart- ment is expected to respond. The term "security alarm systems" does not include car alarms or fire alarms intended to emit sound and/or transmit signals or messages when activated because of smoke, heat, fire, or sprinkler water flow. Tenant means a person who leases or occupies real property with the consent of the owner. (Ord. of 10-16-2006, § 2; Ord. of 1-3-2017(3), § 2) Secs. 12-21—12-43. Reserved. DIVISION 2. ADMINISTRATION Sec. 12-44. Registration of security alarm systems. (a) No person shall install or use a security alarm system in any property in the city unless the owner of such property has filed a properly completed security alarm system registration form with the police department. A security alarm system registration shall be valid from the date of filing through March 31 of each year. (b) On or before March 31 of each year, the owner of any property in the city in which there is a security alarm system shall file a properly completed security alarm system registration form with the police department. § 12-44EMERGENCY SERVICES CD12:5 DR A F T (c) The owner of any property in which a security alarm system is in use shall be responsible for providing the police department information to enable immediate contact of the owner or other person designated by the owner in the event the department receives an alarm from the owner's property. (d) An owner may authorize a tenant to register and use a security alarm system under the provisions of this article by executing and filing with the department an owner authorization form. The owner shall provide the tenant a copy of the authorization. An owner authorization form filed with the department shall remain in effect until the owner withdraws it or conveys the property to a new owner. Except as otherwise provided herein, once an owner files an owner's authorization form with the department and provides a copy of the authorization to a tenant: (1) The owner's tenant shall be responsible for compliance with this article; and (2) The owner shall not be responsible for a tenant's noncompliance with this article. (e) Security alarm system registration forms shall be confidential records and shall only be disclosed to law enforcement and public safety personnel needing access to such forms. (f) The city council shall, by resolution, establish reasonable fees and regulations for the registration of security alarm systems. (g) The city's registration of security alarm systems under this article shall not constitute a representation or affirmative commitment by the city that it will respond to emergency situations on the premises of any property owner. Nor does any such registration constitute a representation by the city that the security alarm systems selected and installed by the property owner are suitable or appropriate for the intended purpose. (Ord. of 10-16-2006, § 3; Ord. of 1-3-2017(3), § 3) Secs. 12-45—12-61. Reserved. DIVISION 3. REGULATIONS Sec. 12-62. Responsibility to prevent false alarms. (a) An owner of property in which a security alarm system is installed shall be responsible for maintaining the system in proper operating condi- tion. The owner shall notify the department prior to performing any system maintenance or tests that could result in false alarms. § 12-44 SOUTH BURLINGTON CITY CODE CD12:6 DR A F T (b) Users of property in which security alarm systems are installed shall be responsible for taking those actions that are required to prevent the occurrence of false alarms when they are present at the property. They shall not intentionally or negligently activate or trigger any security alarm system on the property or allow the activation of said system except for its intended purpose. Any person who activates any security alarm system or allows its activation for other than its intended purpose, shall promptly notify the department by calling 658-1050. (c) Owners and users of property in which security alarm systems are installed shall promptly notify the police department if they believe that a false alarm has occurred. (Ord. of 10-16-2006, § 4; Ord. of 1-3-2017(3), § 4) Sec. 12-63. Reporting false alarms; appeals and fees. (a) If a police officer responding to an alarm at a property in which a security alarm system is installed determines that the alarm is a false alarm, he shall notify the alarm system coordinator of such determination, in writing or by completing an incident report. (b) Within seven days of receipt of a report of false alarm, the alarm system coordinator shall mail, by first class mail, to the owner of the property written notice of the false alarm, along with a statement of any fee due the city for responding to the false alarm. (c) An owner who receives notice of a false alarm may appeal the police officer's determination to the police chief by filing a written notice of appeal with the alarm system coordinator within seven days of the date of mailing of the notice of false alarm. The notice of appeal must set forth specific facts establishing that the alarm was not a false alarm. If requested in the notice of appeal, the police chief will meet with the owner before rendering a decision. The police chief shall, within 15 days of receipt of a notice of appeal, issue a written decision and mail a copy to the owner by first class mail. (d) An owner who disagrees with the decision of the police chief may appeal the police chief's decision to the city manager by filing a written notice of appeal with the city manager within seven days of the date of mailing of the police chief's decision. The notice of appeal must set forth specific points of disagreement with the police chief's decision. If requested in the notice of appeal, the city manager will meet with the owner before rendering a § 12-63EMERGENCY SERVICES CD12:7 DR A F T decision. The city manager shall, within 15 days of receipt of a notice of appeal, issue a written decision and mail a copy to the owner by first class mail. The city manager's decision shall be final. (e) The city council shall, by resolution, establish a schedule of fees to be paid to reimburse the city for responses to false alarms. (Ord. of 10-16-2006, § 5; Ord. of 1-3-2017(3), § 5) Sec. 12-64. Prohibited security alarm systems. (a) No person shall install or use a security alarm system that has an internal audible alarm that is not equipped with a timing mechanism that disengages the audible alarm after a maximum of ten minutes. (b) No person shall install or use a security alarm system that has an external audible alarm. (c) No person shall install or use a security alarm system that uses an automatic dialing device to transmit recorded messages directly to the police department unless approved in writing by the police chief for special or extraordinary circumstances. (Ord. of 10-16-2006, § 6; Ord. of 1-3-2017(3), § 6) Sec. 12-65. Elevator car emergency signaling devices. No person shall install an elevator car emergency signaling device that automatically dials directly to the police department to establish two-way communication unless approved in writing by the police chief for special or extraordinary circumstances. (Ord. of 1-3-2017(3), § 7) Secs. 12-66—12-88. Reserved. DIVISION 4. ENFORCEMENT Sec. 12-89. Violations. (a) The following shall constitute violations of this article: (1) Failure to register a security alarm system as required by section 12-44; (2) Failure to maintain a security alarm system in proper working order as required by section 12-62; § 12-63 SOUTH BURLINGTON CITY CODE CD12:8 DR A F T CD12:9 EMERGENCY SERVICES § 12-91 (3) Failure to take actions necessary to prevent the occurrence of false alarms as required by section 12-62; (4) Failure to pay false alarm fees imposed under section 12-63; and (5) Installation of a prohibited security alarm system as set forth in section 12-64. (b) Any person who violates a provision of this article shall be subject to a civil penalty of up to $800.00 per day for each day that such violation continues. (c) Police officers shall be authorized to act as issuing municipal officials to issue and pursue before the judicial bureau a municipal complaint. (d) Each day the violation continues shall constitute a separate violation. (e) A municipal complaint may, at the discretion of the issuing municipal official, be dismissed upon the successful completion of a restorative justice program through the city community justice center. (Ord. of 10-16-2006, § 7(a)—(c); Ord. of 1-3-2017(3), § 8) Sec. 12-90. Civil Penalty; waiver fee. (a) An issuing municipal official is authorized to recover civil penalties in the following amounts for each violation: Civil Penalties – Security Alarm Systems First offense $100.00 Second offense $200.00 Third offense $400.00 Fourth offense $600.00 Fifth and subsequent offenses $800.00 (b) An issuing municipal official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amount, for any person who declines to contest a municipal complaint and pays the waiver fee: Waiver Fees - Security Alarm Systems First offense $50.00 Second offense $150.00 Third offense $300.00 Fourth offense $500.00 Fifth and subsequent offenses $700.00 (Ord. of 10-16-2006, § 7(d), (e); Ord. of 1-3-2017(3), § 9) Sec. 12-91. Other relief. (a) In addition to enforcement procedures available before the judicial bureau, the city manager is authorized to commence a civil action to obtain injunctive and other appropriate relief, including, without limitation, deactivation or removal of a security alarm system. DR A F T (b) The city may discontinue response to a property for failure to comply with, or to pay any fees or charges due the city under this article. If reasonably possible, prior to any discontinuation of response services, the city will provide the owner written notice of said discontinuation by mailing notice to the address which appears on the most current registration at least ten days prior to the date of discontinuation. The owner shall hold the city harmless from any and all damage or injury resulting from the discontinu- ance of response service arising from failure to comply with, or to pay any fees or charges due the city, under this article. In addition, the owner agrees to indemnify and hold the city harmless from any and all damage or injury resulting from the failure to respond or delayed response for alarm activa- tions. (Ord. of 10-16-2006, § 7(f); Ord. of 1-3-2017(3), § 10) Sec. 12-92. Alarm system fees and charges; response to repeated false alarms. Alarm system fees and charges are on file in the city clerk's office. In addition, pursuant to section 12-91(b), notice shall be served to the owner and tenant that the city intends to discontinue response for repeated false alarms until such time that the owner and/or tenant submit, in writing, to the police chief that problems with the alarm have been rectified. (Ord. of 10-16-2006, § 4; Res. of 1-3-2017, § 4) § 12-91 SOUTH BURLINGTON CITY CODE CD12:10 DR A F T Chapter 13 RESERVED CD13:1 DR A F T DR A F T Chapter 14 ENVIRONMENT Article I. In General Secs. 14-1—14-18. Reserved. Article II. Nuisances Division 1. Generally Sec. 14-19. Purpose and authority. Sec. 14-20. Definitions. Sec. 14-21. Enforcement. Sec. 14-22. Waiver fee. Sec. 14-23. Other relief. Secs. 14-24—14-49. Reserved. Division 2. Excessive Noise Sec. 14-50. Purpose. Sec. 14-51. General prohibition. Sec. 14-52. Express prohibitions. Sec. 14-53. Exemptions. Sec. 14-54. Notification. Secs. 14-55—14-81. Reserved. Division 3. Unsafe or Unsanitary Conditions Sec. 14-82. Urination and defecation. Sec. 14-83. Improper use of privately controlled waste containers. Secs. 14-84—14-109. Reserved. Division 4. Defacing Buildings, Structures and Signs Sec. 14-110. Unlawful acts. Secs. 14-111—14-161. Reserved. Article III. Smoking in Places of Public Access Sec. 14-162. Purpose and authority. Sec. 14-163. Definitions. Sec. 14-164. Smoking prohibited. Sec. 14-165. Exceptions. CD14:1 DR A F T Sec. 14-166. Enforcement. Sec. 14-167. Waiver fee. Sec. 14-168. Other relief. SOUTH BURLINGTON CITY CODE CD14:2 DR A F T ARTICLE I. IN GENERAL Secs. 14-1—14-18. Reserved. ARTICLE II. NUISANCES* DIVISION 1. GENERALLY Sec. 14-19. Purpose and authority. (a) The ordinance from which this article is derived is enacted pursuant to the authority granted to the city to promote the public health, safety, welfare, and convenience contained in 24 V.S.A. § 2291 and section 13-104 of the Charter. (b) It is the purpose of this article to preserve the public health, safety, and welfare by prohibiting general nuisance behavior which is unreasonable or unsuitable for a particular time and place, and which, consequently, is detrimental to the peace and good order of the community. It is the goal of this article to allow all persons of the city to peacefully coexist in a manner which is mutually respectful of the interests and rights of each other. Typically, nuisance behavior disrupts the public peace and affects the quality of life within the community. (c) The ordinance from which this article is derived shall be a civil ordinance within the meaning of 24 V.S.A. ch. 59. (Ord. of 4-21-2008, §§ 1, 3; Ord. of 10-19-2015(2), § 1; Ord. of 5-22-2018, § 1) Sec. 14-20. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Public place means a place where a governmental entity has title to or which the public or a substantial group of persons has access, including, but not limited to, any street, highway, parking lot, plaza, transportation *State law references—Nuisances on railroad tracks crossing streets, highways, 5 V.S.A. § 3588; unauthorized signs, signals, prohibited public nuisance, 23 V.S.A. § 1027; air pollution control, 10 V.S.A. § 551 et seq.; authority to declare and abate nuisances, 24 V.S.A. § 2291(13), (14). § 14-20ENVIRONMENT CD14:3 DR A F T structure, facility or vehicle, school, place of amusement, park, playground or sidewalk or to the doorways and entrances to buildings or dwellings, or grounds enclosing them thereupon. (Ord. of 4-21-2008, § 2; Ord. of 10-19-2015(2), § 2; Ord. of 5-22-2018, § 2) Sec. 14-21. Enforcement. (a) Any person who violates a provision of this article shall be subject to a violation which shall be punishable as a civil violation pursuant to section 1-14. (b) Each day the violation continues shall constitute a separate offense. (c) Police officers shall be authorized to act as issuing municipal officials to issue and pursue before the judicial bureau a municipal complaint. A municipal complaint may, at the discretion of the issuing official, be dismissed or a civil penalty or waiver fee may be reduced, upon the successful completion of a reparative justice program through the city community justice center. (Ord. of 10-19-2015(2), § 7; Ord. of 5-22-2018, § 7) Sec. 14-22. Waiver fee. An issuing municipal official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amount, for any person who declines to contest a municipal complaint and pays the waiver fee: Waiver Fees - Nuisances First offense $100.00 Second offense $250.00 Third offense $400.00 Fourth offense $550.00 Fifth and subsequent offenses $700.00 (Ord. of 10-19-2015(2), § 8; Ord. of 5-22-2018, § 8) Sec. 14-23. Other relief. In addition to the enforcement procedures available before the judicial bureau, the city manager is authorized to commence a civil action to obtain injunctive relief and other appropriate relief, or to pursue any other remedy authorized by law. (Ord. of 4-21-2008, § 8; Ord. of 10-19-2015(2), § 9; Ord. of 5-22-2018, § 9) State law references—Judicial bureau, 4 V.S.A. § 1102 et seq.; complaint signed by the issuing municipal official for civil ordinance violation, 24 V.S.A. § 1977. § 14-20 SOUTH BURLINGTON CITY CODE CD14:4 DR A F T Secs. 14-24—14-49. Reserved. DIVISION 2. EXCESSIVE NOISE* Sec. 14-50. Purpose. The purpose of this division is to preserve the public health, safety, and welfare by prohibiting excessive and disturbing noise and to prevent noise which is prolonged or unsuitable for the time and place and which is detrimental to the peace and good order of the community. It is the goal of this section to allow all persons of the city to peacefully coexist in a manner which is mutually respectful of the interests and rights of others. (Ord. of 4-21-2008, § 4A; Ord. of 10-19-2015(2), § 3(A); Ord. of 5-22-2018, § 3(A)) Sec. 14-51. General prohibition. It shall be unlawful for any person to make or cause to be made any loud or unreasonable noise. Noise shall be deemed unreasonable when it disturbs, injures or endangers the peace or health of a person or when it endangers the health, safety or welfare of the community. Any such noise shall be considered to be a noise disturbance and a public nuisance. (Ord. of 4-21-2008, § 4B.1; Ord. of 10-19-2015(2), § 3(B); Ord. of 5-22-2018, § 3(B)) Sec. 14-52. Express prohibitions. The following acts, which enumeration shall not be deemed to be exclusive, are declared to be noise disturbances: (1) Operating or permitting the use or operation of any musical instru- ment, radio, television, phonograph, or other device for the production or reproduction of sound in such a manner as to be plainly audible through walls or floors between units within the same building, from another property or from the street between the hours of 10:00 p.m. and 7:00 a.m. or in such a manner as to unreasonably disturb the peace, quiet or comfort of the public. *State law reference—List of powers, 24 V.S.A. § 2291. § 14-52ENVIRONMENT CD14:5 DR A F T (2) The operation or permitting the operation of any radio, stereo or other sound amplification equipment from a motor vehicle that is audible at 25 feet from such vehicle. The term "motor vehicle" means any car, truck or motorcycle. (3) Notwithstanding section 14-51, it shall be unlawful for any person who is participating in a party or other social event to actively make unreasonably loud noise. The term "party or other social event" means a gathering upon the premises of one or more persons not residing at the premises. Unreasonably loud noise is noise that unreasonably interferes with the peace or health of members of the public or is plainly audible between the hours of 10:00 p.m. and 7:00 a.m. through the walls between units within the same building, from another property or from the street. It shall also be unlawful for any resident of a premises under his control to allow a party or other social event occurring in or about the premises to produce unreasonably loud noise. There is a rebuttable presumption that all residents of the premises have allowed such party or other social event to occur in or about the premises. All residents of the premises are responsible for such unreasonable noise made, each having joint and several liability. (4) Operating or permitting or directing the operation of any power equipment or machinery outdoors between the hours of 9:00 p.m. and 7:00 a.m., except in emergency situations or by permission of the city manager. (5) Noise resulting from the excavation, demolition, erection, construc- tion, alteration or repair of any premises or structure between the hours of 9:00 p.m. and 7:00 a.m., except in emergency situations or by permission of the city manager. (6) The use of loudspeakers or other sound amplification equipment upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or site. (7) Persons keeping or harboring any dog or cat which, by frequent or long-continued noise, disturbs the comfort or repose of persons in the vicinity. (8) Noise related to trash pick-up and removal between the hours of 8:00 p.m. and 7:00 a.m. in residential areas. (Ord. of 4-21-2008, § 4B.2; Ord. of 10-19-2015(2), § 3(C)(1); Ord. of 5-22-2018, § 3(C)) § 14-52 SOUTH BURLINGTON CITY CODE CD14:6 DR A F T Sec. 14-53. Exemptions. Noise from the following sources shall be exempt from the prohibitions specified herein: (1) All safety signals and warning devices or any other device used to alert persons to any emergency or used during the conduct of emergency work, including, but not limited to, police, fire and rescue vehicle sirens. (2) The repair and maintenance of municipal facilities, services or public utilities when such work must be accomplished outside daytime hours. (3) Snow removal equipment operated within the manufacturer's specifica- tions and in proper operating condition. (4) Musical, recreational and athletic events conducted by and on the site of a school, educational institution, park, or recreational area. (5) Events and activities conducted by or permitted by the city. Persons operating an event or activity under authority of an entertainment permit, parade/street event permit, or parks special use permit shall comply with all conditions of such permits or licenses with respect to noise control issues. (6) Construction or repair work which must be done to address an emergency health or safety concern and that cannot be accomplished during daytime hours and which is not work which includes normal maintenance and repair. (7) Any other specific function as approved by the city manager. (Ord. of 4-21-2008, § 4C; Ord. of 10-19-2015(2), § 3(C)(2); Ord. of 5-22-2018, § 3(D)) Sec. 14-54. Notification. The city may notify the owner of any property upon which a violation of this section has occurred and a person has been issued a municipal complaint pursuant thereto that such complaint has been issued. (Ord. of 4-21-2008, § 4D; Ord. of 10-19-2015(2), § 3(D); Ord. of 5-22-2018, § 3(E)) Secs. 14-55—14-81. Reserved. § 14-81ENVIRONMENT CD14:7 DR A F T DIVISION 3. UNSAFE OR UNSANITARY CONDITIONS* Sec. 14-82. Urination and defecation. No person shall urinate or defecate on any street, in a park or other public place, except in facilities specifically provided for this purpose. Such practice is hereby declared to be a public nuisance. (Ord. of 4-21-2008, § 5; Ord. of 10-19-2015(2), § 4; Ord. of 5-22-2018, § 4) Sec. 14-83. Improper use of privately controlled waste containers. The dumping of household, construction, or other forms of waste in privately controlled waste containers shall be a violation of this section. (Ord. of 4-21-2008, § 7; Ord. of 10-19-2015(2), § 6; Ord. of 5-22-2018, § 6) Secs. 14-84—14-109. Reserved. DIVISION 4. DEFACING BUILDINGS, STRUCTURES AND SIGNS† Sec. 14-110. Unlawful acts. No person shall apply or cause to be applied any paint, varnish, lead, crayon, wax, ink, dye or other indelible substance, nor shall any person carve, chisel or write any figure or letter on the exterior or interior walls or on the windows of any building or structure or deface any sign without having first secured authority from the owner of such building or his duly authorized agent to do so. Such practice is hereby declared to be a public nuisance. (Ord. of 4-21-2008, § 6; Ord. of 10-19-2015(2), § 5; Ord. of 5-22-2018, § 5) Secs. 14-111—14-161. Reserved. *State law references—Unsanitary or unsafe buildings, 24 V.S.A. § 4001 et seq.; unsafe or adulterated drugs, cosmetics, foods, etc., 18 V.S.A. § 4001 et seq.; food establishments, 18 V.S.A. § 4301 et seq. †State law references—Damage to buildings and appurtenances, 13 V.S.A. § 3701 et seq.; unlawful mischief, 13 V.S.A. § 3701; damage cause by rioters, 13 V.S.A. § 905; damage to fences, 24 V.S.A. § 3809; parents' liability for damage by minors, 15 V.S.A. § 901; removal, damage, etc. of roadside growth, 19 V.S.A. § 901 et seq. § 14-82 SOUTH BURLINGTON CITY CODE CD14:8 DR A F T ARTICLE III. SMOKING IN PLACES OF PUBLIC ACCESS* Sec. 14-162. Purpose and authority. The ordinance from which this article is derived is adopted by the city council under authority conferred by 24 V.S.A. § 2291(14), 18 V.S.A. ch. 37, and sections 13-103 and 13-104 of the Charter. It is the purpose of this article to promote the public health, safety and welfare of residents of and visitors to the city by prohibiting smoking in places of public access. The ordinance from which this article is derived shall constitute a civil ordinance within the meaning of 24 V.S.A. ch. 59. (Ord. of 5-3-2004, §§ 2, 3; Ord. of 1-2-2018, § 1) Sec. 14-163. Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Place of public access has the same meaning contained in 18 V.S.A. § 1741(2), as now enacted or hereafter amended. Publicly owned buildings and offices has the same meaning contained in 18 V.S.A. § 1741(2), as now enacted or hereafter amended. Tobacco products has the same meaning contained in 7 V.S.A. § 1001, as now enacted or hereafter amended. Tobacco substitutes has the same meaning contained in 7 V.S.A. § 1001, as now enacted or hereafter amended. (Ord. of 5-3-2004, § 4; Ord. of 1-2-2018, § 2) Sec. 14-164. Smoking prohibited. (a) All persons shall be prohibited from possessing any lighted tobacco products or using tobacco substitutes in the common areas of all enclosed indoor places of public access and publicly owned buildings and offices. *State law references—Authority to regulate smoking, 24 V.S.A. § 2291(14); smoking in the workplace, 18 V.S.A. § 1421 et seq.; smoking in public places, 18 V.S.A. § 1741 et seq. § 14-164ENVIRONMENT CD14:9 DR A F T (b) No person who owns, manages, operates or otherwise controls any premises described above shall knowingly allow any person to possess any lighted tobacco products or use tobacco substitutes at any time such property is open to the public. (Ord. of 5-3-2004, § 5; Ord. of 1-2-2018, § 3) State law reference—Similar provisions, 18 V.S.A. § 1742. Sec. 14-165. Exceptions. The restrictions in section 14-164 on possession of lighted tobacco products and use of tobacco substitutes shall not apply to: (1) Buildings owned and operated by social, fraternal, or religious organiza- tions when used by the membership of the organization, their guests or families, or any facility that is rented or leased for private functions from which the public is excluded and for which arrangements are under the control of the sponsor of the function; (2) Areas of owner-operated businesses with no employees not commonly open to the public; (3) Use of tobacco substitutes in a business that does not sell food or beverages but is established for the sole purpose of providing a setting for patrons to purchase and use tobacco substitutes and related paraphernalia. (Ord. of 5-3-2004, § 6; Ord. of 1-2-2018, § 4) State law reference—Exceptions, 18 V.S.A. § 1743. Sec. 14-166. Enforcement. (a) Any person who violates a provision of this article or who violates any condition of a license issued hereunder shall be subject to a violation which shall be punishable as a civil violation pursuant to section 1-14. (b) Any city police officer shall be authorized to act as the issuing municipal official to issue and pursue before the judicial bureau a municipal complaint. (c) Each day the violation continues shall constitute a separate violation. (d) A municipal complaint may, at the discretion of the issuing municipal official, be dismissed upon the successful completion of a restorative justice program through the city community justice center. (Ord. of 5-3-2004, § 8; Ord. of 1-2-2018, § 5) § 14-164 SOUTH BURLINGTON CITY CODE CD14:10 DR A F T Sec. 14-167. Waiver fee. An issuing municipal official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amount, for any person who declines to contest a municipal complaint and pays the waiver fee: Waiver Fees - Smoking in Places of Public Access First offense $100.00 Second offense $250.00 Third offense $400.00 Fourth offense $550.00 Fifth and subsequent offenses $700.00 (Ord. of 5-3-2004, § 8; Ord. of 1-2-2018, § 6) Sec. 14-168. Other relief. In addition to the enforcement procedures available before the judicial bureau, the city manager is authorized to commence a civil action to obtain injunctive and other appropriate relief or to pursue any other remedy authorized by law. (Ord. of 5-3-2004, § 8; Ord. of 1-2-2018, § 7) State law references—Judicial bureau, 4 V.S.A. § 1102 et seq.; complaint signed by the issuing municipal official for civil ordinance violation, 24 V.S.A. § 1977. § 14-168ENVIRONMENT CD14:11 DR A F T DR A F T Chapter 15 RESERVED CD15:1 DR A F T DR A F T Chapter 16 FIRE PREVENTION AND PROTECTION Article I. In General Secs. 16-1—16-18. Reserved. Article II. Fire Code Sec. 16-19. Purpose and authority. Sec. 16-20. Definitions. Sec. 16-21. Fire code adoption by reference. Sec. 16-22. Appointment of the fire marshal. Sec. 16-23. Powers and duties of the fire marshal. Sec. 16-24. Revocation of appointment. Sec. 16-25. Assistant fire marshals. Sec. 16-26. Fire marshal to make inspections of buildings. Sec. 16-27. Fire marshal to be permitted entry into premises. Sec. 16-28. Refusal to permit entry. Sec. 16-29. Inspections. Sec. 16-30. Construction permits and plan review. Sec. 16-31. Suspension and revocation of permits and stop work orders. Sec. 16-32. Occupant load certificate. Sec. 16-33. Smoke detectors. Sec. 16-34. Carbon monoxide (CO) detectors. Sec. 16-35. Standpipes required. Sec. 16-36. Sprinkler floor control valves required. Sec. 16-37. Stairwell identification. Sec. 16-38. Elevators. Sec. 16-39. Compliance with codes required. Sec. 16-40. Fire alarm system malfunctions. Sec. 16-41. Damage to fire protection systems and equipment. Sec. 16-42. Intentional false alarms. Sec. 16-43. Master fire alarm control panel (FACP) key. Sec. 16-44. Fire department access key vault. Sec. 16-45. Radio coverage in structure and buildings. Sec. 16-46. Testing. Sec. 16-47. Emergency services radio amplification. Sec. 16-48. Field testing. Sec. 16-49. Special events/festivals. Sec. 16-50. Fire lanes. Sec. 16-51. Outside burning. CD16:1 DR A F T Sec. 16-52. Reward for information resulting in conviction of persons burning property. Sec. 16-53. Removal of fire hazard. Sec. 16-54. Order to evacuate. Sec. 16-55. Enforcement. Sec. 16-56. Civil penalty; waiver fee. Sec. 16-57. Other relief. Sec. 16-58. Fees. Sec. 16-59. Fee schedule. SOUTH BURLINGTON CITY CODE CD16:2 DR A F T ARTICLE I. IN GENERAL Secs. 16-1—16-18. Reserved. ARTICLE II. FIRE CODE* Sec. 16-19. Purpose and authority. (a) It is the purpose of this article to reduce, and insofar as possible, eliminate the hazards to persons and property by fire and explosion within the city and thereby promote the public health, safety, welfare, and convenience. This article is enacted pursuant to the authority granted to the city under 20 V.S.A. § 2736, 24 V.S.A. ch. 59, and sections 13-103 and 13-104 of the Charter. (b) As authorized by 20 V.S.A. § 2736(a), the commissioner of the department of public safety has assigned responsibility to the city for enforcement of certain rules and standards adopted under 24 V.S.A. § 2731(a) as described in a cooperative inspection and plan review agreement between the state and the city, dated June 3, 2013. (c) The ordinance from which this article is derived shall be a civil ordinance within the meaning of 24 V.S.A. ch. 59. (Ord. of 3-18-2013, §§ 1, 2; Ord. of 4-17-2017(2), § 1) Sec. 16-20. Definitions. (a) Except as provided herein, the definitions contained in the state fire and building safety code, as amended from time to time by the state division of fire safety, and in the nationally recognized safety standards referenced therein, adopted by reference in section 16-21, shall apply to this article. For the purpose of this article, the definitions contained in 20 V.S.A. § 2730, including, without limitation, the definition of term "public building," shall also apply to this article. (b) In addition, the following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Authority having jurisdiction (AHJ) means those individuals responsible for enforcing the requirements of the state fire and building safety code pursuant to a cooperative inspection and plan review agreement between the state and the city. *State law references—Fire prevention and investigation, 20 V.S.A. § 2681 et seq.; fire departments, 20 V.S.A. § 2921 et seq. § 16-20FIRE PREVENTION AND PROTECTION CD16:3 DR A F T Cooperative inspection and plan review agreement means the legal docu- ment that assigns responsibility for inspection and enforcement of the state fire and building safety code to the city and its fire department. Deputy fire chief means the individual appointed by the city manager, in consultation with the fire chief, to assist the fire chief in the management of the fire department and all of its functions. Dwelling unit means a building or portion thereof designed, used, constructed, or occupied as separate living quarters for one household, which includes independent and exclusive cooking, sleeping, and sanitary facilities for a household, and direct access to the unit from the outside of the building or through a common hall. Unless the context indicates otherwise, the term "dwelling unit" may include single-family, two-family, multifamily, townhouse or row-house dwellings. Emergency vehicles means any fire truck or fire apparatus, police vehicle, ambulance, or rescue vehicle. Fire chief means the individual appointed by the city manager to manage the fire department and all of its functions. National Fire Protection Association (NFPA) means the organization that creates consensus documents that are nationally recognized and contain minimum-requirement fire prevention codes and standards for the protection of life and property. These requirements are adopted via legislative authority by state and municipal governments. Natural material means any of the following, provided that such material has not been painted, coated, treated or injected with preservatives, paint or oil: (1) Trees and brush, including logs, trunks, branches limbs, roots and stumps; (2) Lumber, including timber, logs, dimensional lumber or slabs; and (3) Leaves and garden waste. The term "natural material" does not include pallets, skids, plywood, particle board, chip board, or sawdust. Public building has the same meaning as defined in 20 V.S.A. § 2730. § 16-20 SOUTH BURLINGTON CITY CODE CD16:4 DR A F T Qualified firefighter means a firefighter who has received training and instruction in the code and its enforcement. State fire and building safety code means the comprehensive document comprised of state and nationally recognized codes and standards for public safety from fire, explosions, and dangerous substances, adopted by the state pursuant to 20 V.S.A. ch. 173. (Ord. of 3-18-2013, § 3; Ord. of 4-17-2017(2), § 2) Sec. 16-21. Fire code adoption by reference. (a) Except as otherwise provided herein, the state fire and building safety code, as amended from time to time by the state division of fire safety, and all of the nationally recognized safety standards referenced therein, as amended from time to time by their promulgating authorities, and as further modified and amended by the state fire and building safety code, are hereby adopted by reference. (b) Specifically excluded from the above-referenced adoption by reference are any and all provisions of the state fire and building safety code pertaining to boiler and pressure vessel inspection, section 6, pertaining to access board rules, and any and all provisions addressing electrical or plumbing rules and standards. (c) The provisions of this article shall not be construed to abrogate or annul the provisions of other ordinances or regulations or to impair private restrictions placed upon property. In the event there is a conflict between a provision of this article and a provision of any other ordinance or regulation of the city, the more restrictive provision shall apply. (Ord. of 3-18-2013, § 4; Ord. of 4-17-2017(2), § 3) State law reference—Adoption of rules regarding construction of buildings, maintenance, prevention of fires, etc., V.S.A. title 20. Sec. 16-22. Appointment of the fire marshal. The city council shall appoint the fire marshal upon recommendation of the city manager. (Ord. of 3-18-2013, § 5; Ord. of 4-17-2017(2), § 4) § 16-22FIRE PREVENTION AND PROTECTION CD16:5 DR A F T Sec. 16-23. Powers and duties of the fire marshal. The fire marshal shall have and exercise all the powers of an AHJ in making the inspections required in this article and shall report his findings to the fire chief. (Ord. of 3-18-2013, § 6; Ord. of 4-17-2017(2), § 5) Sec. 16-24. Revocation of appointment. The city manager may revoke the appointment of the fire marshal, for cause, at any time. (Ord. of 3-18-2013, § 7; Ord. of 4-17-2017(2), § 6) Sec. 16-25. Assistant fire marshals. As needed, the city manager, upon recommendation of the fire chief, may appoint any qualified firefighters as assistant fire marshals. All assistant fire marshals shall be subject to the order and direction of the fire marshal in connection with the inspection of public buildings, review of plans, and other duties and functions undertaken pursuant to the cooperative inspection and plan review agreement. The fire chief, deputy fire chief, or fire marshal may revoke the appointment of an assistant fire marshal at any time and without cause. (Ord. of 3-18-2013, § 8; Ord. of 4-17-2017(2), § 7) Sec. 16-26. Fire marshal to make inspections of buildings. As appropriate, the fire marshal or assistant fire marshal shall make a careful inspection of any public buildings and premises within the city. Upon report of a citizen's complaint or at the request of an AHJ, the fire marshal or assistant fire marshal shall inspect any building or premises complained of as being unsafe or hazardous, or containing unsafe or combustible material. (Ord. of 3-18-2013, § 9; Ord. of 4-17-2017(2), § 8) Sec. 16-27. Fire marshal to be permitted entry into premises. For the purpose of inspecting buildings and carrying out other responsibili- ties under this article, the fire marshal or assistant fire marshal may, at all reasonable times, have access to and enter into any land, premises, and buildings in the city. However, prior to entering a one- and two-family dwelling, where the dwelling unit is wholly owner occupied, the fire marshal or assistant fire marshal shall first obtain the consent of any owner of the § 16-23 SOUTH BURLINGTON CITY CODE CD16:6 DR A F T dwelling. Where permission to enter is granted, the provisions of this article shall apply. Where permission to enter an owner-occupied one- or two-family dwelling is refused, the fire marshal or assistant fire marshal shall seek a warrant or other authorization provided by law prior to entry, except in those instances where the fire marshal or assistant fire marshal reasonably determines that an emergency situation exists. Upon request, the fire marshal or assistant fire marshal, when making an inspection, shall provide the owner or occupant of such buildings or premises with proper identifica- tion. (Ord. of 3-18-2013, § 10; Ord. of 4-17-2017(2), § 9) Sec. 16-28. Refusal to permit entry. Except as provided above, no person shall refuse to allow the fire marshal or assistant fire marshal to enter upon or into his premises or buildings, at a reasonable time, for the purpose of carrying out his responsibilities under this article. Furthermore, no person shall attempt to prevent any inspection required by this article, or obstruct such official in carrying out the provisions of this article. (Ord. of 3-18-2013, § 11; Ord. of 4-17-2017(2), § 10) Sec. 16-29. Inspections. (a) General fire inspections. General fire inspections of public buildings shall be conducted by the fire marshal, assistant fire marshal or other duly authorized personnel. (b) Violation notices. Upon finding any violation of the code or other rules or standards adopted under this article, the fire marshal or assistant fire marshal shall provide a written notice to the property or business owner or their designee, and a reasonable amount of time, as defined by the state hazard index, shall be provided for the violation to be corrected. Nothing in this section shall preclude an issuing municipal official from issuing a municipal complaint, or the city from seeking criminal charges, or initiating any other legal actions authorized under this article or otherwise provided by law. (c) Re-inspection fees. There is no charge for the initial inspection or the first re-inspection if all violations are corrected. If the owner fails to correct the violations at the time of the first re-inspection, the owner shall be responsible for a re-inspection fee, as prescribed by the applicable fee § 16-29FIRE PREVENTION AND PROTECTION CD16:7 DR A F T schedule, for this and any subsequent re-inspections, due and payable at the beginning of the second or subsequent re-inspection. Until all fees are paid, the violations shall not be considered abated, and are subject to further penalties or legal action. Failure to pay the re-inspection fees in the time required is a violation of this article. (d) Time of sale inspection. (1) Upon request by an owner, agent, attorney, or lender prior to the transfer of property, the fire marshal or assistant fire marshal will conduct, subject to available resources, a "time of sale inspection" for a public building to ensure a reasonable level of occupant safety prior to the sale of the property. Any such request for inspection shall be submitted, in writing, and shall include any proposed closing date. (2) All violations identified during a time of sale inspection shall be corrected prior to occupancy of the property that has been transferred as a result of the sale. (3) Any party requesting a time of sale inspection shall pay the fees set forth in the applicable fee schedule. (4) The inspection fees shall apply to the property for the initial inspection and one re-inspection. (5) Any additional re-inspections shall be subject to a re-inspection fee as prescribed in the fee schedule for each subsequent visit, prior to the commencement of the inspection. (6) A time of sale inspection shall be valid for the period of one year from the date of inspection or for one transfer of ownership, unless subsequent transfers of ownership are to an affiliated person or entity, in which case the inspection shall continue to be valid for one year from the date of inspection. (e) Inspections for the sale of consumption of alcohol. (1) To the extent consistent with or as required by any rules of the state liquor control board, any public building in which alcohol is offered to the public for consumption or sale shall have a valid fire safety inspection completed prior to the issuance of the state license. § 16-29 SOUTH BURLINGTON CITY CODE CD16:8 DR A F T (2) Public assembly occupancy load certificates shall be required for all public buildings in which alcohol is served that have a total occupancy capacity of 50 or more patrons and staff. (f) Lien. All expenses, fees, costs, or charges assessed pursuant to this section shall also be a lien upon the real estate, which may be enforced in the same manner as a tax lien under 32 V.S.A. § 5061, provided that the lien is duly recorded in the office where the land records are kept. (Ord. of 3-18-2013, § 12; Ord. of 4-17-2017(2), § 11) Sec. 16-30. Construction permits and plan review. (a) The owner of a public building, or a designated representative of the owner, shall obtain a construction permit before commencing any construc- tion, addition, alteration, demolition, or the installation of fixed building equipment at the building site unless waived by the AHJ. (b) Additionally, all construction projects requiring installation of a fire alarm, fire suppression system, or other fire protection system shall require a separate permit prior to installation of the system. (c) To obtain a construction permit, an applicant shall provide legible construction documents related to the work and equipment under consideration. As appropriate, construction plans and documents shall be prepared by a registered design professional, stamped and signed, where required by 26 V.S.A. chs. 3 and 20. Such plans shall otherwise comply with the require- ments of section 7 of the state fire and building safety code. Fire prevention, protection, and alarm system plans shall include a floor plan with device locations, a wiring riser diagram, a complete equipment list and specifica- tions, the type of occupancy proposed, known hazards and/or unusual building features, and any other information required by the state fire and building safety code. (d) Without limiting any of the foregoing, project plans shall also be submitted to the fire marshal for approval prior to undertaking any of the following: (1) Whenever new equipment is installed in a public building; (2) Changes to places of assembly, including bars and restaurants; (3) Construction of tents or other temporary structures for public use over 1,200 square feet in size; § 16-30FIRE PREVENTION AND PROTECTION CD16:9 DR A F T (4) Construction or erection of grandstands or bleachers; and (5) Any activity involving the use of hazardous processes, such as spraying flammable liquid, explosives storage, or manufacturing or flammable liquid storage. (e) The fire marshal shall review plans, make inspections, and issue a permit for the system within 30 days of plan submission, which period may, upon notification to the applicant, be extended. Plans for systems with contracted costs valued at less than $20,000.00 may be eligible for an expedited process. The fire marshal's schedule shall dictate the availability of this service. Plans accepted for this expedited process will be reviewed within ten business days. Plans may be approved, rejected or be required to be amended for compliance with this article and the state fire and building safety code. No plan shall be approved, or permit issued, unless all fees have been paid and all conditions satisfied. The period for review shall not commence until all required documents have been received by the fire marshal. (f) A tent permit shall be required for any tent larger than 200 square feet erected on public property or in a public way. Any tent 1,200 square feet or larger, regardless of location, shall require a tent permit. (Ord. of 3-18-2013, § 13; Ord. of 4-17-2017(2), § 12) Sec. 16-31. Suspension and revocation of permits and stop work orders. The fire marshal's office may suspend permits, issue a stop work order and/or order a property vacated where a threat to public safety or other exigent circumstance exist. Such permits may be revoked, and future permits denied, when an individual, partnership, firm, corporation, or other legal entity is convicted of multiple violations of the fire code, ordinances, or otherwise demonstrates a pattern of incompetence. The failure to stop work when so ordered shall be a violation punishable pursuant the provisions of this article and applicable law, including 20 V.S.A. § 2734, as amended from time to time. (Ord. of 3-18-2013, § 14; Ord. of 4-17-2017(2), § 13) Sec. 16-32. Occupant load certificate. (a) Annual inspection. On an annual basis, the fire marshal's office shall inspect any occupancy or premises involved in the sale of alcohol and/or each place of assembly in the city to determine the maximum number of occupants § 16-30 SOUTH BURLINGTON CITY CODE CD16:10 DR A F T that should be permitted at each location, as determined by the capacity and egress requirements of this article and the code. For purposes of this section, the term "place of assembly" means a room or space, including all connected rooms or spaces, with a common means of egress, accommodating 50 or more individuals, for civic, social, or amusement purposes, or for the consumption of food and drink. (b) Posting of certificate. Every occupancy or premises and place of assembly referenced above shall obtain a certificate from the fire marshal's office stating the maximum number of occupants permitted at the site. The business and/or property owner shall be responsible for installing the certificate in a conspicuous public location at the site and shall be responsible for the proper maintenance of the certificate. (Ord. of 3-18-2013, § 15; Ord. of 4-17-2017(2), § 14) Sec. 16-33. Smoke detectors. Each and every building or structure where people routinely sleep, including owner-occupied single- and two-family residences, shall meet the following requirements for smoke detectors/alarms: (1) a. Smoke detectors/alarms shall be installed in the following areas: 1. In every sleeping room or area; 2. Outside every sleeping room or area in the immediate vicinity of the sleeping room or area; and 3. On all levels of the building or structure, includes basements but excluding crawl spaces and unfinished attics. b. Notwithstanding the installation locations in subsection (1)a of this section, detectors/alarms shall not be located within kitchens or garages or in other spaces where temperatures can fall below 40 degrees Fahrenheit (4 degrees Celsius) or exceed 100 degrees Fahrenheit (38 degrees Celsius). Detectors/alarms shall not, unless specifically listed for the application, be located closer than three feet horizontally from: 1. The door to a kitchen; 2. The door to a bathroom containing a tub or shower; or 3. The supply registers of a forced air heating or cooling system or the immediate airflow from those registers. § 16-33FIRE PREVENTION AND PROTECTION CD16:11 DR A F T (2) Smoke detectors/alarms shall be the photoelectric-only type and shall receive their operating power from the building or structure's electri- cal system (A/C) and from a battery (D/C) when the building electrical system power is interrupted. (3) Smoke detectors/alarms within each dwelling or rooming unit shall be interconnected so smoke detected by one smoke detector will sound the alarms of all detectors within that dwelling or rooming unit. (4) Smoke detectors/alarms shall be approved or listed by a nationally recognized testing or listing agency for the purposes for which they are intended. (5) Smoke detectors/alarms shall be properly installed and shall be maintained in good working condition. (6) In an existing wholly owner-occupied, single-family home that is not rented in part or in whole, built prior to January 1, 1994, and with no significant remodel or renovation to the dwelling after January 1, 1994, battery-operated, wirelessly interconnected, photo smoke alarms are allowed. Placement and location of the photo smoke alarms shall comply with section 16-34. (Ord. of 3-18-2013, § 16; Ord. of 4-17-2017(2), § 15) State law reference—Smoke detectors. 9 V.S.A. § 2881 et seq. Sec. 16-34. Carbon monoxide (CO) detectors. (a) Carbon monoxide (CO) detectors which are UL 2034 listed or approved by a nationally recognized independent testing laboratory shall be installed in all new and existing buildings in which people routinely sleep, including where people rent accommodations whether for overnight or for a longer term, condominiums, multiple-unit dwellings, and other occupancies in which there are rooms or spaces in which sleeping is permitted, including single- and two-family owner-occupied houses and premises. Such installa- tion shall be in the vicinity of the sleeping areas and on every floor of the dwelling, installed in accordance with the manufacturer's instructions and state law. (b) CO alarms within each dwelling or rooming unit shall be intercon- nected so that CO detected by one CO detector sounds the alarms of all CO detectors within that dwelling or rooming unit. § 16-33 SOUTH BURLINGTON CITY CODE CD16:12 DR A F T (c) The owner of all existing buildings in which people sleep, including where people rent accommodations whether for overnight or for a longer term, condominiums, or multiple-unit dwellings, after the effective date of the ordinance from which this article is derived, shall install either a combination smoke detector/carbon monoxide detector device or a combina- tion system providing smoke and carbon monoxide detection and alarm. Such installation shall be in the vicinity of the sleeping areas and on every floor of the dwelling, installed in accordance with the manufacturer's instructions and state law. (d) The seller of a residential dwelling transferred by sale or exchange shall certify to the buyer that the dwelling is provided with the carbon monoxide detectors required in subsection (a) of this section. This certifica- tion shall be signed and dated by the seller and filed in the city's land records at the time of recording the transfer. If the buyer notifies the seller within ten days by certified mail from the date of conveyance that the dwelling lacks a carbon monoxide detector or that the detector is not operable, the seller shall comply with this section within ten days of notification. (Ord. of 3-18-2013, § 17; Ord. of 4-17-2017(2), § 16) State law reference—Carbon monoxide detectors, 9 V.S.A. § 2881 et seq. Sec. 16-35. Standpipes required. All new buildings having three floors or more, and/or having 10,000 net square feet per floor, shall have a minimum of a Class I, manual wet standpipe installed for firefighter use. (Ord. of 3-18-2013, § 18; Ord. of 4-17-2017(2), § 17) Sec. 16-36. Sprinkler floor control valves required. All new buildings having an NFPA compliant sprinkler system, and three floors or more, and/or having 4,000 net square feet per floor, shall have sprinkler zone control valves that allow immediate access to control/shut-off sprinklers discharging during a fire within the compartment. These zone control valves shall be clearly labeled. (Ord. of 3-18-2013, § 19; Ord. of 4-17-2017(2), § 18) § 16-36FIRE PREVENTION AND PROTECTION CD16:13 DR A F T Sec. 16-37. Stairwell identification. All new and existing buildings shall have stairwell marking denoting the floor served and geographical location within the building and comply with the marking standard found in NFPA 1. (Ord. of 3-18-2013, § 20; Ord. of 4-17-2017(2), § 19) Sec. 16-38. Elevators. The following standards shall be met on all elevators installed or permitted after the effective date of the ordinance from which this article is derived: (1) All new elevator installations shall comply with the applicable eleva- tor code adopted by the state. Notwithstanding the applicable code adopted by the state, elevators shall have minimum interior finished dimensions of eight feet by four feet and have an unrestricted door opening of not less than four feet. (2) In existing elevator banks, the stretcher compliant elevators shall be marked by a three-inch retro-reflective star of life on the latch side of the elevator lobby door frame. (Ord. of 3-18-2013, § 21; Ord. of 4-17-2017(2), § 20) Sec. 16-39. Compliance with codes required. (a) All fire protection, prevention, and alarm systems shall comply with the state fire and building safety code in effect at the time of installation. (b) In the event there is a conflict between the provisions of the code adopted by reference in this section and the provisions of this article, the more restrictive standard shall apply. (Ord. of 3-18-2013, § 22; Ord. of 4-17-2017(2), § 21) Sec. 16-40. Fire alarm system malfunctions. (a) Malfunction defined. For the purposes of this section, the term "malfunction" means the failure of a fire alarm system to operate in the normal or usual manner due to improper installation or maintenance, mechanical defects in the system, or that results in the transmittal of a false alarm signal to the city fire department during maintenance or construction. (b) Response fee. A response charge as prescribed in the applicable fee schedule shall be imposed for a false alarm due to a system malfunction. § 16-37 SOUTH BURLINGTON CITY CODE CD16:14 DR A F T (c) Requesting fees waived. If a false alarm is generated through no negligence of the owner, the response fees may be waived by the fire chief, deputy fire chief, or city manager for due cause. The owner shall provide a written waiver request to the fire chief or deputy fire chief within 15 days of the billing date, with an explanation of the basis for the requested waiver. The fire chief, deputy fire chief, or city manager will review and approve or disapprove the request within five business days from the date of request receipt and notify the requesting party in writing. (Ord. of 3-18-2013, § 23; Ord. of 4-17-2017(2), § 22) Sec. 16-41. Damage to fire protection systems and equipment. No person shall destroy, deface, or in any way damage any fire protection or life safety system, or any part thereof, so as to prevent or delay the proper or timely use of fire protection systems, fire department connections or hydrants. (Ord. of 3-18-2013, § 24; Ord. of 4-17-2017(2), § 23) Sec. 16-42. Intentional false alarms. (a) Any intentional misuse of a fire protection system that results in a false fire alarm from a property shall be a violation of this article and subject to all fines, penalties, and other remedies available to the city by law. Such intentional misuse of a fire protection system may also be subject to criminal prosecution under applicable statutes of the state. In addition, the property owner may be held responsible for all costs to the city incurred in responding to such alarm. (b) Alarms generated by contractors performing work or testing alarm systems shall be deemed an intentional false alarm unless the contractor first notifies fire department dispatch of the date and time when such work or testing will occur. (c) No person shall intentionally report, or cause to be reported, a false alarm. Any intentional report of a false alarm shall be a violation of this article and subject to all fines, penalties, and other remedies available to the city by law. Such false report may also be subject to criminal prosecution under applicable statues of the state. In addition, the offending party may be held responsible for all costs to the city incurred in responding to such false report. (Ord. of 3-18-2013, § 25; Ord. of 4-17-2017(2), § 24) § 16-42FIRE PREVENTION AND PROTECTION CD16:15 DR A F T Sec. 16-43. Master fire alarm control panel (FACP) key. (a) All buildings having a fire alarm system shall utilize a CAT 30 lock assembly to secure the main fire alarm control panel. Any proprietary remote annunciator keys that are part of the FACP-UL listing for the remote annunciator shall be kept in the required fire department key vault. (b) Existing fire alarm control panels and remote annunciator access keys shall be converted to this standard within one year of the effective date of the ordinance from which this article is derived during the required annual test and inspection performed by a third party on the owner's behalf. (Ord. of 3-18-2013, § 26; Ord. of 4-17-2017(2), § 25) Sec. 16-44. Fire department access key vault. (a) All buildings having a fire protection systems shall be required to install key boxes. (b) The building owner shall be required to install in the key box all master keys to offices, electrical rooms, elevator equipment, and all keys needed to reset the fire alarm system. (c) If requested by the fire department, building owners shall be required to supply additional sets of keys as needed by the fire department to allow more than one team of firefighters to have access to areas of the building. (d) If requested by the fire department, more than one key vault may be required to facilitate multiple points of entry in large facilities. (e) The key vault shall be mounted on the pull side of the fire department access door, within three feet horizontally of the door, at a vertical height of five feet as measured from the access door threshold. (f) There shall be a minimum of two complete sets of access keys stored in the key vault. The property owner shall be responsible for providing the master keys and shall update the access key in the vault when the locks are changed. (g) As the key vault capacity is limited, the owners shall key all locks to a master core assembly of their choosing. (Ord. of 3-18-2013, § 27; Ord. of 4-17-2017(2), § 26) § 16-43 SOUTH BURLINGTON CITY CODE CD16:16 DR A F T Sec. 16-45. Radio coverage in structure and buildings. (a) Generally. Except as otherwise provided herein, no individual, partner- ship, corporation, or other legal entity shall maintain, own, erect, or construct any building or structure (or cause the same to be done) which is used for commercial, multifamily, or institutional use, in whole or in part, which fails to support adequate radio coverage to the fire department. (b) For the purpose of this section, the term "adequate radio coverage" shall include all of the following: (1) A minimum signal strength of 101 dBm available in 95 percent of the area of each floor of the building when transmitted from the public safety radio communications system; and (2) A minimum signal strength of 101 dBm received at the public safety radio communications system when transmitted from 95 percent of the area of each floor of the building, via portable radio with public safety microphone. (c) Channel performance criterion (CPC). CPC is the minimum performance level in a faded channel, per TSB-88, clause 4.2. TSB-88 is a "Telecommunica- tions Systems Bulletin" published by the TIA, Telecommunication Industry Association. The performance level is rated using "Delivered Audio Quality," or DAQ. Industry standard DAQ definitions are shown in Table 16-45 below. A DAQ level of 3 is the minimum performance level which shall be attainable by public safety radio systems in 95 percent of the area of each floor of a building subject to this article. Table 16-45: DAQ (Delivered Audio Quality) Definitions Level Subjective Performance Description 1 Unusable, speech present but unreadable. 2 Understandable with considerable effort. Frequent repetition due to noise/distortion. 3 Speech understandable with slight effort. Occasional repetition required due to noise/distortion. 4 Speech understandable with repetition only rarely required. Some noise/distortion. 5 Speech easily understood. Occasional noise/distortion. 6 Speech easily understood. Infrequent noise/distortion. 7 Speech clearly understood. § 16-45FIRE PREVENTION AND PROTECTION CD16:17 DR A F T (d) The frequency range must support the fire department radio frequen- cies from the communications base stations and the public safety radio communications base stations. (e) The fire department may alter necessary frequencies or signal strengths due to changes in technical specification for public safety radio requirements. In such event, any frequency changes shall be reported to the city council and approved as amendments to this article as soon as is practicable. (Ord. of 3-18-2013, § 28; Ord. of 4-17-2017(2), § 27) Sec. 16-46. Testing. (a) Initial tests. Officials of the fire department or their designees shall perform initial radio coverage tests. A certificate of occupancy shall not be issued to any new structure if the building fails to comply with this section. (b) Annual tests. Fire department personnel or their designees shall thereafter conduct annual radio coverage tests. (Ord. of 3-18-2013, § 29; Ord. of 4-17-2017(2), § 28) Sec. 16-47. Emergency services radio amplification. (a) Buildings and structures which cannot independently support the required level of radio coverage shall be equipped with any of the following in order to achieve the required adequate radio coverage: a radiating cable system or an internal multiple antenna system with or without FCC type-accepted signal booster amplifiers, as needed. If any part of the installed system or systems contains an electrically powered component, the system shall be capable of operating on an independent battery and/or generator system for a period of at least 12 hours without external power input. Any battery system employed shall automatically recharge in the presence of an external power input. (b) The installation of equipment as indicated above shall not have a detrimental effect on the operation of the public safety radio system. (c) In the event that a signal booster is employed, it shall be fully encased within a dust- and water-resistant case. (Ord. of 3-18-2013, § 30; Ord. of 4-17-2017(2), § 29) § 16-45 SOUTH BURLINGTON CITY CODE CD16:18 DR A F T Sec. 16-48. Field testing. The fire department, after providing reasonable notice to the owner or his representative, shall have the right to enter onto the property to conduct field testing to determine whether the required level of radio coverage is present. (Ord. of 3-18-2013, § 31; Ord. of 4-17-2017(2), § 30) Sec. 16-49. Special events/festivals. (a) The promoter of any special event or festival or, in the absence of any promoter, the owner of the land on which any special event or festival is to be conducted, shall notify the fire department of the event or festival at least ten business days in advance of the event or festival. Such promoter or owner shall comply with the requirements of this article and such other require- ments as the fire marshal shall impose, including maintenance of adequate fire lanes and the location and size of all fire lanes, booths, stages, and other structures and equipment. The city fire department is charged with sole responsibility for providing fire protection and EMS coverage for such events in the city. (b) Any special event or festival with an attendance of 1,000 persons or more shall be required to provide city fire department personnel specially and exclusively assigned to the event. The promoter of the event or owner of the land involved shall be responsible for the reasonable costs of this additional coverage. The number of firefighters/EMTs and the time required for staffing shall be set by the fire department based on an assessment of the event and the location, weather, time, traffic impact, availability of alcohol, history of the event, or other identifiable safety factors, taking into account the requirements of the adopted fire codes and the SFPE Fire Protection Handbook. The promoter or owner shall secure a signed staffing agreement with the fire marshal, or his designee, not less than seven business days prior to the event. (c) The fire chief, or his designee, may request the immediate assistance of any city department or agency with which the city has a local or mutual aid agreement to assist in the abating or mitigating of any unsafe condition. All city departments and officials shall respond in an expeditious manner when called upon by the fire chief. (d) All costs to abate or mitigate the hazard shall be borne by the property owner. (Ord. of 3-18-2013, § 32; Ord. of 4-17-2017(2), § 31) § 16-49FIRE PREVENTION AND PROTECTION CD16:19 DR A F T Sec. 16-50. Fire lanes. (a) Fire lanes may be established on any public or private parking lot or other area adjacent to buildings which are open to public use or in areas where congestion from any cause, or obstruction by parked vehicles might impede quick access by emergency vehicles. The fire lanes or fire zones so established shall be available for use by the fire department, its firefighters and equipment, or any other emergency vehicle. (b) The owners of such property, as directed by the fire chief, shall cause to be posted and/or marked upon the ground the proper control signs for the fire zone or fire lane, and all signs and ground markings and their location shall first be approved by the fire chief, or his designee. (c) No vehicles, except an emergency vehicle, as herein defined, shall be parked in the fire lane or fire zone at any time nor shall any vehicle be operated to as to impede an emergency vehicle in its use of said areas. (d) Any member of the police department may cause to be towed to a convenient public garage any vehicle parked in violation of this article. The owner of any vehicle towed to a public garage under the provisions of this article shall be responsible for paying all towing charges, storage charges, or other expenses incurred in moving the vehicle, except that the charge of towing and storage of each vehicle shall not exceed an amount established by resolution of the city council. (Ord. of 4-17-2017(2), § 32) Sec. 16-51. Outside burning. (a) Burning permit required. A burning permit issued by the fire chief, or his designee, shall be required for any outside fire, except that a burning permit shall not be required for campfires 30 inches or less in diameter, outdoor grills, freestanding fireplaces, or commercial fire pits and fireplaces for recreation or preparation of food. Failure to obtain a burning permit or to abide by any condition of the permit shall be a violation of this article. All burning permits shall be subject to the following general conditions and any special conditions written on the permit: (1) The permit shall be valid only for the place and time stated on the permit. § 16-50 SOUTH BURLINGTON CITY CODE CD16:20 DR A F T (2) The person holding the permit must at all times have sufficient help, water and tools present to control the fire. (3) Fires shall be kindled in a garden or cleared space no less than 50 feet from any building or structure. (4) The fire may not be left unattended until entirely extinguished. (5) Only natural materials may be burned, and any wood or woody material shall be three inches or less in diameter. (6) No gasoline, kerosene, diesel fuel, fuel oil, or other flammable liquid or material may be used to ignite the fire. (b) All outside fires shall be attended at all times and shall only be kindled at such times and under such conditions as will enable the party kindling the fire to keep the fire under control and prevent the fire from creating a public nuisance or hazard. (c) Any outside fire kindled without a required burning permit or any outside fire that, in the opinion of the fire chief, or his designee, presents a public nuisance or hazard may be extinguished by the fire department. (d) Outside fires kindled for the purposes of recreation or preparation of food shall be confined to devices or appliances designed for such purposes. Such devices and appliances shall be used no less than ten feet from any structure or overhanging roof or porch. Campfires not contained in a device or appliance designed for such purpose shall be no less than 25 feet from any structure or combustible material. (e) The use of outdoor incinerators, including any burn barrel or other article, machine, equipment or contrivance, structure or part of a structure used primarily to dispose of waste by burning is prohibited. This prohibition shall not apply to the incineration of solid waste at any facility regulated by the state and having and complying with all necessary permits in accordance with all applicable laws, rules and regulations, including all air quality permits. (f) The state division of fire safety requires the following: NFPA 1, Section 10.11.7. For other than one- and two-family dwellings, no hibachi, gas-fired grill, charcoal grill, or other similar devices used for cooking, heating, or any other purpose, shall be used or kindled on any § 16-51FIRE PREVENTION AND PROTECTION CD16:21 DR A F T balcony or under any overhanging portion or within ten feet of any structure. Listed electric ranges, grills, or similar electrical apparatus shall be permitted. (Ord. of 4-17-2017(2), § 33) Sec. 16-52. Reward for information resulting in conviction of persons burning property. The city council may offer a reward of not more than $1,000.00 for information which shall result in the detection and conviction of any person guilty of the illegal burning of property in the city. (Ord. of 3-18-2013, § 33; Ord. of 4-17-2017(2), § 34) Sec. 16-53. Removal of fire hazard. (a) The fire chief, or his designee, may direct the owner or occupant of any building or premises to abate any unsafe condition, move to a place of safety, or remove any unsafe or combustible materials which in his opinion shall expose the building or the surrounding or adjacent buildings or property to unnecessary hazard. The fire chief, or his designee, may also direct an owner or occupant to clear away from his building or premises debris or other materials resulting from fire, windstorm or other catastrophe within a reasonable time after the occurrence of such fire, storm or catastrophe. Failure to comply with a direction of the fire chief, or his designee, shall be a violation of this article. (b) The fire chief, or his designee, may request the immediate assistance of any city department or agency with which the city has a local or mutual aid agreement to assist in the abating or mitigating of any unsafe condition. All city departments and officials shall respond in an expeditious manner when called upon by the fire chief. (c) All costs to abate or mitigate the hazard shall be borne by the property owner. (Ord. of 3-18-2013, § 34; Ord. of 4-17-2017(2), § 35) Sec. 16-54. Order to evacuate. (a) The fire chief, or his designee, may direct any owner or occupant of any building, land or premises to move to a place of safety during a fire or other emergency. § 16-51 SOUTH BURLINGTON CITY CODE CD16:22 DR A F T (b) Failure to comply with this order shall be a violation of this article. (Ord. of 3-18-2013, § 35; Ord. of 4-17-2017(2), § 36) Sec. 16-55. Enforcement. (a) Any person who violates a provision of this article shall be subject to a violation of which shall be punishable as a civil violation pursuant to section 1-14. (b) Firefighters and police officers of the city shall be authorized to act as issuing municipal officials to issue and pursue before the judicial bureau or other appropriate judicial body a municipal complaint. A municipal complaint may, at the discretion of the issuing municipal official, be dismissed upon the successful completion of a restorative justice program before the city community justice center. (Ord. of 3-18-2013, § 36(intro. ¶); Ord. of 4-17-2017(2), § 37) Sec. 16-56. Civil penalty; waiver fee. (a) Civil penalties. An issuing municipal official is authorized to recover civil penalties in the following amounts for each violation: Civil Penalties - Fire Code First offense $200.00 Second offense $400.00 Third offense $600.00 Fourth offense and subsequent offenses $800.00 (b) Waiver fees. An issuing municipal official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amount, for any person who declines to contest a municipal complaint and pays the waiver fee: Waiver Fees - Fire Code First offense $100.00 Second offense $200.00 Third offense $300.00 Fourth offense and subsequent offenses $400.00 (Ord. of 3-18-2013, § 36(a), (b); Ord. of 4-17-2017(2), § 38) § 16-56FIRE PREVENTION AND PROTECTION CD16:23 DR A F T Sec. 16-57. Other relief. In addition to the recovery of civil penalties provided for above, the city may seek to enforce this article by an appropriate action for injunctive relief. Further, nothing herein shall be construed to limit other rights, remedies or penalties available by law, including under 20 V.S.A. ch. 173. (Ord. of 3-18-2013, § 36(c); Ord. of 4-17-2017(2), § 39) State law references—Judicial bureau, 4 V.S.A. § 1102 et seq.; complaint signed by the issuing municipal official for civil ordinance violation, 24 V.S.A. § 1977. Sec. 16-58. Fees. All fees to be paid to the city under this article, including, but not limited to, fees for permits, plan review and inspections, shall be as prescribed in the applicable fee schedule provided for in section 16-59, which may be amended from time to time by majority vote of the city council. (Ord. of 3-18-2013, § 37; Ord. of 4-17-2017(2), § 40) Sec. 16-59. Fee schedule. (a) General. With the exception of civil penalties resulting from a municipal complaint, all payments due under this article shall be made to the city and are payable by check, money order, or credit card. Waiver penalties and fines assessed as a result of a municipal complaint shall be paid in accordance with applicable judicial bureau procedures. (b) Fees. The fire marshal's office shall receive the following fees for construction permit plan review, inspections, re-inspections and other mat- ters in amounts on file in the city clerk's office: (1) Construction permit plan review: the amount which is on file in the city clerk's office of total valuation of the construction work proposed to be done for all buildings. In no event shall the permit plan review fee exceed $300,000.00 nor be less than $50.00. (2) Specialty suppression system: the amount which is on file in the city clerk's office of the total cost (parts and labor) of the specialty suppression system. (3) Hood suppression systems: the amount which is on file in the city clerk's office of the total cost (parts and labor) of the hood suppression system. § 16-57 SOUTH BURLINGTON CITY CODE CD16:24 DR A F T (4) Sprinkler plan review: the amount which is on file in the city clerk's office of the total cost (parts and labor) of the sprinkler system. (5) Standpipe system: the amount which is on file in the city clerk's office of the total cost (parts and labor) of the standpipe system. (6) Fire pump: the amount which is on file in the city clerk's office of the total cost (parts and labor) of the fire pump system. (7) Fire alarm systems: the amount which is on file in the city clerk's office of the total cost (parts and labor) of the fire alarm system. (8) Tent permit fees: Tents installed in public areas, with a tent footprint of 200 to 1,199 square feet, are subject to a fee which is on file in the city clerk's office. Any tent with a tent footprint of 1,200 square feet or greater shall be subject to a fee which is on file in the city clerk's office. (9) Time of sale inspections. Any party requesting a time of sale inspec- tion for residential or commercial properties shall pay for the follow- ing: a. For buildings containing one or two dwelling units, a fee which is on file in the city clerk's office. b. An additional charge which is on file in the city clerk's office for each unit over the second unit in the building. c. The person requesting the inspection shall prior to, or at the commencement of, the inspection make payment in either a check or money order payable to the city. d. The inspection fee shall apply to the property for the initial inspection and one re-inspection. e. Any additional re-inspections shall be subject to a re-inspection fee which is on file in the city clerk's office for each subsequent visit, payable prior to the commencement of the inspection. (10) Permit or plan amendments. a. Construction permit plan amendment. The fee for the review of an amendment to a construction permit plan shall be as prescribed above, per amendment, for construction permit plan review, plus one percent of any increase in the net cost of the final contracted costs of the system. § 16-59FIRE PREVENTION AND PROTECTION CD16:25 DR A F T b. Specialty suppression system plan amendment. The fee for the review of an amendment to a specialty suppression system plan shall be as prescribed shall be as prescribed above, per amend- ment, for specialty suppression system plan review, plus one percent of any increase in the net cost of the final contracted cost of the system. c. Hood suppression system plan amendment. The fee for the review of an amendment to a hood suppression system plan shall be as prescribed above, per amendment, for hood suppression system plan review, plus four percent of any increase in the net cost of the final contracted cost of the system. d. Fire sprinkler system plan amendment. 1. The fee for the review of an amendment to a fire sprinkler system plan shall be as prescribed above, per amendment, for fire sprinkler system plan review plus two percent of any increase in the net cost of the final contracted cost of the system. 2. Exception: Residential sprinkler systems (NFPA 13R) installed in residential properties of less than five units shall have this fee waived unless an expedited permit is requested. e. Fire alarm system plan amendment. The fee for the review of an amendment to fire alarm system plan shall be as prescribed above, per amendment, for a fire alarm system plan review, plus three percent of any increase in the net cost of the final contracted cost of the system. f. Standpipe system plan amendment. The fee for the review of an amendment to a standpipe system plan shall be as prescribed above, per amendment, for a standpipe system plan review, plus three percent of any increase in the net cost of the final contracted cost of the system. g. Fire pump system plan amendment. The fee for the review of an amendment to a fire pump system plan shall be as prescribed above, per amendment, for a fire pump system plan review, plus one percent of any increase in the net cost of the final contracted cost of the system. § 16-59 SOUTH BURLINGTON CITY CODE CD16:26 DR A F T h. In addition to the foregoing amendment fees, including any percentage increases, any permit or plan requiring an amendment shall be charged a minimum administrative fee which is on file in the city clerk's office. i. Phased-installation inspection fees. An additional fee of 12 percent of the total fire protection system cost shall be charged when a permittee requests to phase in necessary components of a fire protection system and inspections are required to be conducted for each phase. j. Re-inspection fees. A fee for failure of the first re-test/re- inspection or subsequent inspection, the witnessing a second or subsequent retest of any fire protection, prevention, or alarm system or the re-inspection of a system or any part thereof beyond the rough-in inspection and the final inspection shall be charged at a rate in the amount which is on file in the city clerk's office per hour per inspector. This fee shall be paid by installing owner/ contractor prior to any re-test/re-inspection. k. Expedited permit fee. Some permits may be eligible for an expedited process. The fire marshal's schedule shall dictate the availability of this service. Plans for systems with contracted costs valued at less than $20,000.00 may be reviewed and approved on an expedited basis within ten business days for a per-hour special fee in the amount which is on file in the city clerk's office paid in addition to all other applicable permitting fees. The minimum expedited fee shall be on file in the city clerk's office. l. Response fee. Any violation of this article resulting from a false report response shall be subject to a response fee in the amount which is on file in the city clerk's office for each fire department response, in addition to any other applicable fines or fees. m. Place of assembly fee. A biannual fee which is on file in the city clerk's office shall be charged to each place of assembly by the fire department for the cost of the inspection and certificate program. Occupancy load certificates issued during the billing cycle shall be prorated. Physical changes within a place of assembly that change the posted occupancy rating shall require the issuance of a new certificate and shall require a new fee to be paid. The fee shall be due on July 1, 2013, and biannually on July 1 thereafter. § 16-59FIRE PREVENTION AND PROTECTION CD16:27 DR A F T (c) Fines. Any violation of this article resulting from a false alarm report shall be subject to fees in the amounts on file in the city clerk's office, in addition to any other applicable fines or fees, as follows: (1) First incident in a calendar year. (2) Second incident in a calendar year. (3) Third and subsequent incidents in a calendar year. State law references—Judicial bureau, 4 V.S.A. § 1102 et seq.; complaint signed by the issuing municipal official for civil ordinance violation, 24 V.S.A. § 1977. § 16-59 SOUTH BURLINGTON CITY CODE CD16:28 DR A F T Chapter 17 RESERVED CD17:1 DR A F T DR A F T Chapter 18 IMPACT FEES* Sec. 18-1. Authority. Sec. 18-2. Purpose. Sec. 18-3. Establishment of fees. Sec. 18-4. Payment of fees. Sec. 18-5. Accounting and register of payment. Sec. 18-6. Refunds. Sec. 18-7. Expenditure restrictions. Sec. 18-8. Credits for in-kind contributions. Sec. 18-9. Appeals. Sec. 18-10. Enforcement. Sec. 18-11. Tables. *State law reference—Impact fees, 24 V.S.A. § 5200 et seq. CD18:1 DR A F T DR A F T Sec. 18-1. Authority. (a) The ordinance from which this chapter is derived is enacted pursuant to the specific authority granted municipalities to establish impact fees contained in 24 V.S.A. § 5200 et seq., and the authority granted the city to enact ordinances set forth in its Charter and 24 V.S.A. ch. 59. (b) The ordinance from which this chapter is derived shall be a civil ordinance within the meaning of 24 V.S.A. ch. 59. (Ord. of 5-20-2014, § 1) Sec. 18-2. Purpose. It is the purpose of this chapter to establish impact fees to pay portions of the cost of constructing capital facilities for new development in the city that will be served by such facilities. To the extent that new capital facilities are necessitated by new development and such facilities benefit the new development, it is appropriate that the new residents and owners bear an appropriate portion of the costs of constructing the new facilities. (Ord. of 5-20-2014, § 2) Sec. 18-3. Establishment of fees. (a) Road improvement impact fee. Except as provided in subsection (a)(5) of this section, any land development as described in subsection (a)(1) of this section which is issued a permit under the city zoning regulations, after the date the ordinance from which this chapter is derived became effective, shall pay an impact fee determined in accordance with the formula set forth in subsection (a)(2) of this section. (1) This impact fee shall apply to any land development that results in an increase in dwelling units or, in the case of nonresidential develop- ment, an increase in evening peak hour vehicle trip ends (vehicle trips occurring between the hours of 4:00 p.m. and 6:00 p.m. on weekdays), as determined by the development review board or administrative officer, as appropriate. a. In making the determination required by subsection (a)(1) of this section, the development review board or administrative officer shall use the methodology set forth in appendix B.2 of the applicable city land development regulations. § 18-3IMPACT FEES CD18:3 DR A F T b. In determining the trip generation rate for child care centers, as defined within the latest version of the ITE Trip Generation Manual (licensed nonresidential child care facilities, as defined in the applicable city land development regulations), the develop- ment review board or the administrative officer shall apply a pass-by rate of 30 percent. This pass-by rate shall apply to all child care centers for which the city already has issued a zoning permit since January 1, 2011, upon (re)submission of an applica- tion and to all future applications for child care centers. (2) Formula for determination of impact fees: a. Single-family dwelling: $1,009.86 per unit, less appropriate credits as shown in column 5 (net fee, single-family dwellings) of Table RD-4. See section 18-11(a)(1) for Table RD-4. b. Multifamily dwelling (fee per unit): $669.91 per unit, less appropri- ate credits as shown in column 9 (net fee, multifamily dwellings) of Table RD-4. See section 18-11(a)(1) for Table RD-4. c. Nonresidential development: $999.86 multiplied by the number of evening peak hour vehicle trip ends and reduced by the amount of any credit due from Tables RD-5 and RD-6. See section 18-11(a)(2) for Tables RD-5 and RD-6. Estimate of post-construction assessed value of nonresidential development shall be calculated as described in the road impact fee section of the City of South Burlington 2007 Impact Fee Analysis Reports referenced below. (3) The impact fee formula set forth in subsection (a)(2) of this section is based on a study and report entitled, "City of South Burlington 2007 Impact Fee Analysis Reports," prepared by Michael J. Munson, Ph.D., FAICP, dated October 12, 2007, which report is attached as appendix B to the ordinance from which this chapter is derived and incorporated herein by reference. The pass-by rate in subsection (a)(1)b of this section is based on a study and report entitled, "Adjustment to Traffic Impact Fees for Child Care Centers" prepared by BFJ Planning, dated February 21, 2014, which report is included in letter form following appendix E to the ordinance from which this chapter is derived and incorporated herein by reference. § 18-3 SOUTH BURLINGTON CITY CODE CD18:4 DR A F T (4) Impact fees collected pursuant to this subsection (a) shall be used to pay costs associated with the following road improvement projects, which are described in the above-referenced report: a. Hinesburg Road/Van Sicklen Road intersection improvements; b. Williston Road reconstruction; c. Airport Drive extension; d. Airport Parkway/Ethan Allen Road intersection improvements; e. Tilley to Community Drive connector; f. City Center Road network. (5) This impact fee shall not apply to land development as described in subsection (a)(1) of this section which: a. Is for development within a subdivision that received final plat approval under the city subdivision regulations prior to January 9, 1995, which subdivision approval contained a condition requiring payment of fees to the city for the purpose of funding road improvements; b. The fees specified in the subdivision approval were paid to the city in accordance with the terms of the approval; and c. A permit is issued for the development under the city zoning regulations on or before January 9, 2005. (6) A development that includes a traffic demand management plan approved by the development review board or administrative officer may be granted a credit not to exceed 25 percent of the original number of trips generated, multiplied by the fee per evening peak hour trip ($999.86), provided that the applicant agrees to provide the post- development verification study and security described in the above- referenced impact fee analysis report. (b) Recreation impact fee. Except as provided in subsection (b)(5) of this section, any land development as described in subsection (b)(1) of this section which is issued a permit under the city land development regulations, after the date of the ordinance from which this chapter is derived became effective, shall pay an impact fee determined in accordance with the formula set forth in subsection (b)(2) of this section. (1) This impact fee shall apply to any land development resulting in an increase in dwelling units. § 18-3IMPACT FEES CD18:5 DR A F T (2) Formula for determination of impact fees: a. Dwellings in structures containing three or fewer units: $1,685.67 per unit, less appropriate credits, as shown in column 4 of Table REC-4. See section 18-11(b) for Table REC-4. b. Dwellings in structures containing four or more units: $1,179.97 per unit, less appropriate credits as shown in column 7 of Table REC-4. See section 18-11(b) for Table REC-4. (3) The impact fee formula set forth in subsection (b)(2) of this section is based on a study and report entitled, "City of South Burlington Impact Fee Analysis Updated," prepared by Michael J. Munson, Ph.D., FAICP, dated May 28, 2013, which report is attached as appendix E to the ordinance from which this chapter is derived and incorporated herein by reference. (4) Impact fees collected pursuant to this subsection (b) shall be used to pay costs associated with the following recreation improvement projects which are described in the above-referenced report: a. Develop Soccer Field on land in South Village; b. Land acquisition for Marceau Meadows recreation fields property in the vicinity of Hinesburg Road and Van Sicklen Road; c. Development of Marceau Meadows recreation fields; d. Development of Old Farm Road area recreation fields; e. Development of Dumont Park recreation area in the vicinity of Iby Street and Market Street; f. Development of recreation paths and bicycle lanes as described in the above-referenced impact fee analysis report, including: 1. Dorset Street/Hoehn connection along Dorset Street; 2. Spear Street bicycle lane; 3. Shelburne Road/Queen City Park Road improvements; 4. Connection from Tilley Drive to Marshall Avenue, including bridging; 5. Vale Drive to Spear and Swift recreation path connection; 6. Recreation path extension along Airport Drive extension to Lime Kiln Road; § 18-3 SOUTH BURLINGTON CITY CODE CD18:6 DR A F T 7. Recreation path connection from the Williston Road Holiday Inn to Patchen Road; 8. Extension along Hinesburg Road to Tilley Drive. (5) This impact fee shall not apply to land development as described in subsection (b)(1) of this section which: a. Is for development within a subdivision that received final plat approval under the city subdivision regulations prior to January 9, 1995, which subdivision approval contained a condition requiring payment of fees to the city for the purpose of funding recreation improvements; b. The fees specified in the subdivision approval were paid to the city in accordance with the terms of the approval; and c. A permit is issued for the development under the city zoning regulations on or before January 9, 2005. (c) Dorset Street waterline fee. Any dwelling unit as described in subsection (c)(1) of this section which connects to the Dorset Street waterline referred to in subsection (c)(3) of this section, after February 2, 1998, shall pay an impact fee set forth in subsection (c)(2) of this section. (1) This impact fee shall apply to any dwelling unit in the Dorset Street waterline service area as delineated on a plan dated January 30, 1998, which is incorporated herein by reference. (2) The impact fee shall be $187.25 per dwelling unit, which amount shall be increased on January 1, 1999, and each year thereafter by four percent. (3) The impact fee in subsection (c)(2) of this section is based on cost in excess of $141,932.00 to construct approximately 5,180 feet of waterline and related improvements within the Dorset Street right-of-way. (4) Impact fees collected pursuant to this subsection (c) shall be used to pay the cost of the waterline improvements described in subsection (c)(3) of this section. (d) Fire protection fee. Except as provided in subsection (d)(4) of this section, any land development as described in subsection (d)(1) of this section which is issued a permit under the city zoning regulations, after the date the § 18-3IMPACT FEES CD18:7 DR A F T ordinance from which this chapter is derived became effective, shall pay an impact fee determined in accordance with the formula set forth in subsection (d)(2) of this section. (1) This impact fee shall apply to any land development that results in an increase in total value of property at risk in the city (including structures and contents), as described in the report entitled "City of South Burlington 2007 Impact Fee Analysis Reports," prepared by Michael J. Munson, Ph.D., FAICP, and dated October 12, 2007, which report is attached as appendix A to the ordinance from which this chapter is derived and incorporated herein by reference. (2) Formula for determination of impact fees: a. Single-family dwelling: $304.85 per unit, less appropriate credits as shown in column 5 (net fee, single-family dwellings) of Table FP-7. See section 18-11(c)(1) for Table FP-7. b. Multifamily dwelling (fee per unit): $192.96 per unit, less appropri- ate credits as shown in column 9 (net fee, multifamily dwellings) of Table FP-7. See section 18-11(c)(1) for Table FP-7. c. Nonresidential development: $0.67 per $1,000 estimated value of all structures and contents. Estimate of post-construction assessed value of nonresidential structures shall be based on estimated improvement values for new structures contained in Table FP-8, multiplied by a factor of 2.5 to provide the total estimated value of the structure, site improvements and contents, reduced by the amount of any credits due using the procedure described in the above-referenced fire protection impact fee analysis report and Tables FP-9 and FP-10. See section 18-11(c)(2) for Tables FP-8, FP-9 and FP-10. (3) Impact fees collected pursuant to this subsection (d) shall be used to pay costs associated with the following fire protection improvement projects, which are described in the above-referenced report: a. Renovations to fire station #2; b. New heavy vehicles; c. New light vehicles; d. New equipment. § 18-3 SOUTH BURLINGTON CITY CODE CD18:8 DR A F T (4) A credit of up to ten percent of the base impact fee may be awarded to nonresidential developments that include installation of a sprinkler system designed to meet the guidelines of the insurance rating organization with no more than 25 deficiency points. (e) Police impact fee. Any land development which is issued a permit under the city land development regulations, after the date the amendments to the ordinance from which this chapter is derived became effective, shall pay an impact fee determined in accordance with the formula set forth in subsection (e)(1) of this section. This impact fee shall be based on the report entitled, "Police Impact Fee Analysis: City of South Burlington," prepared by Michael J. Munson, Ph.D., FAICP, and dated May 28, 2013. (1) Formula for determination of police impact fees: a. Dwellings in structures containing three or fewer units: $503.88 per unit, less appropriate credits as shown in column 5 of Table PD-4. See section 18-11(d) for Table PD-4. b. Dwellings in structures containing four or more units: $352.72 per unit, less appropriate credits as shown in column 9 of Table PD-4. See section 18-11(d) for Table PD-4. c. Nonresidential development: $237.76 per 1,000 square feet of floor area, less appropriate credits as described in the above-referenced police impact fee analysis report, making use of Tables PD-5, PD-6, and PD-7. See section 18-11(d) for Tables PD-5 and PD-6. (2) Impact fees collected pursuant to this subsection (e) shall only be used to pay capital costs associated with the new police station, as described in the above-referenced report. (f) School impact fee. Any land development as described in subsection (f)(1) of this section which is issued a permit under the city zoning regulations, after the date the ordinance from which this chapter is derived became effective, shall pay an impact fee determined in accordance with the formula set forth in subsection (f)(2) of this section. (1) This impact fee shall apply to any land development that results in an increase in dwelling units on a per-bedroom basis or an increase in bedrooms in an existing dwelling unit. § 18-3IMPACT FEES CD18:9 DR A F T (2) Formula for determination of impact fees: a. For new dwelling units, the fee listed in Table SC-1, less appropri- ate credits for payment of past and future property taxes as shown in Tables SC-2 and SC-3. See section 18-11(e) for Tables SC-1, SC-2 and SC-3. b. For existing dwelling units that increase the number of bedrooms, the new dwelling unit impact fee listed in Table SC-1 for the total number of bedrooms in the unit after the increase is complete minus the new dwelling unit impact fee listed in Table SC-1 for the number of bedrooms that existed in the unit prior to the increase. See section 18-11(e) for Table SC-1. c. Affordable housing. Dwelling units meeting the definition of affordable housing or inclusionary unit in the city land develop- ment regulations shall be exempt from the payment of school impact fees. (3) The impact fee formula set forth in subsection (f)(2) of this section is based on a study and report entitled, "South Burlington School District Impact Fee Study," prepared by RSG, dated November 9, 2022, which report is attached as appendix A to the ordinance from which this chapter is derived and incorporated herein by reference. (4) a. Impact fees collected pursuant to this subsection (f) shall be used to pay costs associated with the school improvement projects set forth in subsection (f)(4)b of this section which are described in the report referenced in subsection (f)(3) of this section. b. PK-8 zero energy modular (ZEM) classroom flexible space: Capital costs for eight zero energy modular (ZEM) structures for use within the PK-8 grade facilities as listed in Table 12 of the report referenced in subsection (f)(3) of this section. (Ord. of 5-20-2014, § 3; Ord. of 1-23-2023, § 3) Sec. 18-4. Payment of fees. (a) (1) Except as provided for under subsection (a)(2) of this section, impact fees levied under this chapter shall be paid to the city treasurer prior to the issuance of any permits under the city zoning regulations for the construction of any development subject to the payment of impact fees. The zoning administrator shall not issue any zoning § 18-3 SOUTH BURLINGTON CITY CODE CD18:10 DR A F T permit for the construction of such developments without first receiv- ing proof of payment of the required impact fees from the city treasurer. (2) Perpetually affordable housing to which the city is a financial contribu- tor. Payment of impact fees levied under this chapter may be paid to the city treasurer after the issuance of any permits under the zoning regulations of the city for construction and development but prior to the issuance of a certificate of occupancy provided the following two criteria are met: a. The project is for the development of housing that is not less than 50 percent of the dwelling units perpetually affordable, with affordable being defined by the city's land development regula- tions; and b. The city has made some prior financial contribution to the development in the form of a grant from the city's general or housing trust fund or by means of a state community development fund/community development block grant or other such state or federal grants or loans in which the city is a transactional party. (b) Applicability of school impact fees levied under this chapter shall be phased in as follows: (1) For complete zoning permit applications submitted on or after July 1, 2023, 50 percent of the fees listed in section 18-3(f). (2) For complete zoning permit applications submitted on or after January 1, 2024, the full fees listed in section 18-3(f). (c) Administrative fee. An administrative fee of $100.00 shall be levied upon the issuance of each zoning permit eliciting payment of one or more of the impact fees established under this chapter, with payment due contemporaneous with payment of the applicable impact fees. The administra- tive fee may be used to offset administrative costs associated with payment and tracking of impact fees, for preparation of amendments to this chapter, and for preparation of analyses and reports. (Ord. of 5-20-2014, § 4; Ord. of 1-23-2023, § 4) Sec. 18-5. Accounting and register of payment. (a) Impact fees collected pursuant to this chapter shall be placed by the city treasurer in separate interest-bearing accounts for each type of impact fee established. § 18-5IMPACT FEES CD18:11 DR A F T (b) The city treasurer shall maintain a register for each account indicating the date of payment of each fee, the amount paid and the name of the payer. (c) The city treasurer shall prepare an annual accounting of all fees paid into and withdrawn from each account, showing the source and amounts collected, and the amounts expended and the projects for which such expenditures were made. (d) Collected school impact fees shall be distributed to the city school district in accordance with the school impact fee agreement between the city and the city school district. The city school district shall prepare and provide to the city an annual accounting of all fees paid into and withdrawn from the school district's impact fee account, showing the source and amounts collected, and the amounts expended and the projects for which such expenditures were made. (Ord. of 5-20-2014, § 5; Ord. of 1-23-2023, § 5) Sec. 18-6. Refunds. (a) If the actual expense to the city of a project funded at least in part by impact fees is less than the fees collected or to be collected, the city shall refund to the then owner of the property for which the fee was paid, that portion of any impact fee, with accrued interest, which is in excess of the appropriate amount due to the city. The city shall provide this refund within one year of the date it completes or terminates construction of the project. If the actual expense to the school district of a project to be funded at least in part by school impact fees is less than the fees collected or to be collected, the school district shall return the overage with accrued interest to the city who shall refund the fees in accordance with this subsection. (b) If the city or school district does not expend an impact fee within six years of the date it is paid, the then owner of the property for which the fee was paid may apply for and receive a refund of the fee, provided the request for refund is filed within one year of the expiration of the six-year time period. Any school impact fee subject to a refund in accordance with this section shall be returned by the school district to the city for distribution of the refund. (c) A person who pays an impact fee established under this chapter, and subsequently abandons the project without commencing construction of the land development on which the impact fee was based, may request and § 18-5 SOUTH BURLINGTON CITY CODE CD18:12 DR A F T receive from the city a refund of the impact fee in full. All such fees distributed to the school district shall be returned to the city with accrued interest so the city can refund the fees in accordance with this subsection. Any accrued interest shall be retained by the city to offset administrative costs. A person who receives a refund under this provision shall not commence construction of the land development for which the refund was made without repaying the required impact fees. (Ord. of 5-20-2014, § 6; Ord. of 1-23-2023, § 6) Sec. 18-7. Expenditure restrictions. (a) All impact fees collected pursuant to this chapter, and accrued interest, shall be expended only for the specifically identified projects which were the basis for the fees. Such fees and accrued interest shall be expended within six years of the date they are received by the city treasurer. (b) The city or school district treasurer shall pay, from the appropriate account, expenses associated with the designated projects as they become due and upon receipt of appropriate documentation regarding such expense. (Ord. of 5-20-2014, § 7; Ord. of 1-23-2023, § 7) Sec. 18-8. Credits for in-kind contributions. (a) The term "in-kind contribution" means provision, by a person subject to payment of an impact fee, of land or equipment or construction of facilities that are included in the impact fee analyses and computations, and which are included in or consistent with the city's comprehensive plan. (b) Upon recommendation of the development review board or administra- tive officer, the city council may approve a credit against any impact fee levied under this chapter for the value of in-kind contributions. The amount of credit for an in-kind contribution shall be based on the actual cost to the person requesting the credit of providing or creating the facilities. The development review board or administrative officer shall indicate the basis on which the amount of credit is determined. The amount of credit for an in-kind contribution shall not exceed the total amount of the impact fee for that type of facility which would otherwise be levied on the proposed development. (Ord. of 5-20-2014, § 8) § 18-8IMPACT FEES CD18:13 DR A F T Sec. 18-9. Appeals. (a) An individual or entity required to pay an impact fee under this chapter may challenge the imposition of such fee, or the amount of the fee, by filing a written notice of appeal with the city clerk, which appeal shall not be filed later than 30 days after payment of the impact fee. Said notice of appeal shall state the basis of the appellant's challenge to the fee. (b) Within 60 days of the filing of a notice of appeal, the city council shall hold a public hearing to receive oral and written evidence and argument from the appellant and city representatives. (c) Within 45 days after the conclusion of the hearing, the council shall notify the appellant of its decision in writing. (Ord. of 5-20-2014, § 9) Sec. 18-10. Enforcement. (a) Any individual or entity who undertakes land development in the city without first paying a required impact fee imposed pursuant to this chapter shall be subject to a civil penalty of up to $500.00 per day for each day that such land development continues without payment of said fee. (b) The administrative officer shall be authorized to act as the issuing municipal official to issue and pursue before the traffic and municipal ordinance bureau a municipal complaint. The administrative officer is authorized to recover a waiver fee of not less than $50.00 and not more than $150.00 for each violation and a civil penalty of not less than $100.00 and not more than $500.00 for each violation. (c) In addition to the enforcement procedures set forth above, the administra- tive officer is authorized to commence a civil action to obtain injunctive and other appropriate relief. (Ord. of 5-20-2014, § 10) Sec. 18-11. Tables. (a) Road impact fees. (1) Residential. § 18-9 SOUTH BURLINGTON CITY CODE CD18:14 DR A F T TA B L E R D - 4 NE T R E S I D E N T I A L R O A D I M P A C T F E E S P E R U N I T Si n g l e - F a m i l y D w e l l i n g s Mu l t i - F a m i l y D w e l l i n g s Dw e l l i n g Ye a r Ba s e Fe e Cr e d i t F o r Pa s t Ta x e s Cr e d i t F o r Fu t u r e Ta x e s Ne t Fe e Ba s e Fe e Cr e d i t F o r Pa s t Ta x e s Cr e d i t F o r Fu t u r e Ta x e s Ne t Fe e 20 0 7 $ 1 , 0 0 9 . 8 6 $0 . 0 0 $4 3 9 . 8 1 $5 7 0 . 0 5 $6 6 9 . 9 1 $0 . 0 0 $2 7 8 . 3 6 $3 9 1 . 5 4 20 0 8 $ 1 , 0 0 9 . 8 6 $0 . 7 0 $4 1 4 . 6 8 $5 9 4 . 4 8 $6 6 9 . 9 1 $0 . 4 0 $2 6 2 . 4 6 $4 0 7 . 0 5 20 0 9 $ 1 , 0 0 9 . 8 6 $2 . 0 9 $3 4 5 . 4 0 $6 6 2 . 3 8 $6 6 9 . 9 1 $1 . 1 9 $2 1 8 . 6 1 $4 5 0 . 1 1 20 1 0 $ 1 , 0 0 9 . 8 6 $3 . 1 4 $2 9 9 . 1 7 $7 0 7 . 5 6 $6 6 9 . 9 1 $1 . 7 9 $1 8 9 . 3 5 $4 7 8 . 7 7 20 1 1 $ 1 , 0 0 9 . 8 6 $4 . 7 9 $2 1 4 . 1 4 $7 9 0 . 9 3 $6 6 9 . 9 1 $2 . 7 4 $1 3 5 . 5 3 $5 3 1 . 6 4 20 1 2 $ 1 , 0 0 9 . 8 6 $5 . 4 4 $1 9 7 . 3 9 $8 0 7 . 0 3 $6 6 9 . 9 1 $3 . 1 1 $1 2 4 . 9 3 $5 4 1 . 8 7 20 1 3 $ 1 , 0 0 9 . 8 6 $6 . 1 0 $1 8 1 . 3 1 $8 2 2 . 4 5 $6 6 9 . 9 1 $3 . 4 9 $1 1 4 . 7 5 $5 5 1 . 6 7 20 1 4 $ 1 , 0 0 9 . 8 6 $6 . 7 7 $1 6 5 . 8 7 $8 3 7 . 2 1 $6 6 9 . 9 1 $3 . 8 7 $1 0 4 . 9 8 $5 6 1 . 0 5 20 1 5 $ 1 , 0 0 9 . 8 6 $7 . 4 6 $1 5 1 . 0 6 $8 5 1 . 3 5 $6 6 9 . 9 1 $4 . 2 6 $9 5 . 6 1 $5 7 0 . 0 4 20 1 6 $ 1 , 0 0 9 . 8 6 $8 . 1 6 $1 3 6 . 8 3 $8 6 4 . 8 8 $6 6 9 . 9 1 $4 . 6 6 $8 6 . 6 0 $5 7 8 . 6 5 20 1 7 $ 1 , 0 0 9 . 8 6 $8 . 8 7 $1 2 3 . 1 6 $8 7 7 . 8 3 $6 6 9 . 9 1 $5 . 0 7 $7 7 . 9 5 $5 8 6 . 8 9 20 1 8 $ 1 , 0 0 9 . 8 6 $9 . 6 0 $1 1 0 . 0 2 $8 9 0 . 2 4 $6 6 9 . 9 1 $5 . 4 9 $6 9 . 6 3 $5 9 4 . 7 9 20 1 9 $ 1 , 0 0 9 . 8 6 $1 0 . 3 5 $9 7 . 3 9 $9 0 2 . 1 2 $6 6 9 . 9 1 $5 . 9 2 $6 1 . 6 4 $6 0 2 . 3 6 20 2 0 $ 1 , 0 0 9 . 8 6 $1 1 . 1 3 $8 5 . 2 3 $9 1 3 . 5 0 $6 6 9 . 9 1 $6 . 3 6 $5 3 . 9 4 $6 0 9 . 6 1 20 2 1 $ 1 , 0 0 9 . 8 6 $1 1 . 9 2 $7 3 . 5 3 $9 2 4 . 4 1 $6 6 9 . 9 1 $6 . 8 1 $4 6 . 5 4 $6 1 6 . 5 6 20 2 2 $ 1 , 0 0 9 . 8 6 $1 2 . 7 4 $6 2 . 2 5 $9 3 4 . 8 7 $6 6 9 . 9 1 $7 . 2 8 $3 9 . 4 0 $6 2 3 . 2 3 20 2 3 $ 1 , 0 0 9 . 8 6 $1 3 . 5 9 $5 1 . 3 8 $9 4 4 . 8 9 $6 6 9 . 9 1 $7 . 7 6 $3 2 . 5 2 $6 2 9 . 6 2 20 2 4 $ 1 , 0 0 9 . 8 6 $1 4 . 4 6 $4 0 . 8 9 $9 5 4 . 5 1 $6 6 9 . 9 1 $8 . 2 6 $2 5 . 8 8 $6 3 5 . 7 6 20 2 5 $ 1 , 0 0 9 . 8 6 $1 5 . 3 7 $3 0 . 7 6 $9 6 3 . 7 3 $6 6 9 . 9 1 $8 . 7 8 $1 9 . 4 7 $6 4 1 . 6 6 20 2 6 $ 1 , 0 0 9 . 8 6 $1 6 . 3 0 $2 0 . 9 7 $9 7 2 . 5 9 $6 6 9 . 9 1 $9 . 3 2 $1 3 . 2 7 $6 4 7 . 3 2 20 2 7 $ 1 , 0 0 9 . 8 6 $1 7 . 2 8 $1 1 . 4 8 $9 8 1 . 1 0 $6 6 9 . 9 1 $9 . 8 7 $7 . 2 7 $6 5 2 . 7 7 20 2 8 $ 1 , 0 0 9 . 8 6 $1 8 . 2 9 $2 . 2 9 $9 8 9 . 2 8 $6 6 9 . 9 1 $1 0 . 4 5 $1 . 4 5 $6 5 8 . 0 1 § 18-11IMPACT FEES CD18:15 DR A F T (2) Nonresidential. TABLE RD-5 NONRESIDENTIAL ROAD IMPACT FEE CREDIT FOR PAST TAX PAYMENTS Construction Year Annual Expense TaxRate Needed Tax on $1,000 Value Credit per $1,000 of Assessed Value 2007 $372,750 0.014913 $0.15 $0.00 2008 $733,375 0.02848632 $0.28 $0.16 2009 $532,875 0.02009548 $0.20 $0.46 2010 $864,163 0.03163963 $0.32 $0.70 2011 $244,500 0.00869115 $0.09 $1.06 2012 $237,938 0.00821155 $0.08 $1.21 2013 $231,375 0.00775248 $0.08 $1.36 2014 $224,813 0.00731321 $0.07 $1.51 2015 $218,250 0.00689293 $0.07 $1.66 2016 $211,688 0.00649096 $0.06 $1.81 2017 $205,125 0.00610652 $0.06 $1.97 2018 $198,563 0.005739 $0.06 $2.13 2019 $192,000 0.00538768 $0.05 $2.30 2020 $185,438 0.00505199 $0.05 $2.47 2021 $178,875 0.00473125 $0.05 $2.65 2022 $172,313 0.00442494 $0.04 $2.83 2023 $165,750 0.00413243 $0.04 $3.02 2024 $159,188 0.00385323 $0.04 $3.21 2025 $152,625 0.00358677 $0.04 $3.41 2026 $146,063 0.00333258 $0.03 $3.62 2027 $139,500 0.00309013 $0.03 $3.84 2028 $35,438 0.00076214 $0.01 $4.06 TABLE RD-6 NONRESIDENTIAL ROAD IMPACT FEE CREDIT FOR FUTURE TAX PAYMENTS ConstructionYear AnnualExpense Tax RateNeeded Tax on$1,000 Value Credit per $1,000of Assessed Value 2007 $372,750 0.014913001 $0.15 $1.39 2008 $733,375 0.028486315 $0.28 $1.31 2009 $532,875 0.020095476 $0.20 $1.09 2010 $864,163 0.03163963 $0.32 $0.95 2011 $244,500 0.008691152 $0.09 $0.68 2012 $237,938 0.008211549 $0.08 $0.62 2013 $231,375 0.007752477 $0.08 $0.57 2014 $224,813 0.007313213 $0.07 $0.52 2015 $218,250 0.00689293 $0.07 $0.48 2016 $211,688 0.006490955 $0.06 $0.43 2017 $205,125 0.006106519 $0.06 $0.39 2018 $198,563 0.005739 $0.06 $0.35 2019 $192,000 0.005387682 $0.05 $0.31 2020 $185,438 0.005051987 $0.05 $0.27 2021 $178,875 0.00473125 $0.05 $0.23 § 18-11 SOUTH BURLINGTON CITY CODE CD18:16 DR A F T Construction Year Annual Expense TaxRate Needed Tax on $1,000 Value Credit per $1,000 of Assessed Value 2022 $172,313 0.004424937 $0.04 $0.20 2023 $165,750 0.004132428 $0.04 $0.16 2024 $159,188 0.00385323 $0.04 $0.13 2025 $152,625 0.003586766 $0.04 $0.10 2026 $146,063 0.003332578 $0.03 $0.07 2027 $139,500 0.003090133 $0.03 $0.04 2028 $35,438 0.00076214 $0.01 $0.01 (b) Recreation fees (residential only). TABLE REC-4 IMPACT FEE CREDIT FOR FUTURE TAX PAYMENTS Assume the grand list has a 2006 value of $24,994,969, has grown at 3.0%, and will continue to grow at 3.0% Single-Family Dwelling Value: $316,000 Multi-Family Dwelling Value: $200,000 Credits Dwelling AnnualExpense Tax RateNeeded Tax onSF DU Tax onMF DU Single- FamilyDU Multi- FamilyDU 2007 $0.00 $0.00 $0.00 $0.00 $268.82 $170.14 2008 $115,800.00 $0.00 $14.21 $9.00 $282.26 $178.65 2009 $467,784.00 $0.02 $55.74 $35.28 $282.16 $178.58 2010 $204,300.00 $0.01 $23.64 $14.96 $240.52 $152.23 2011 $633,758.40 $0.02 $71.19 $45.06 $228.91 $144.88 2012 $734,637.60 $0.03 $80.12 $50.71 $169.17 $107.07 2013 $386,827.20 $0.01 $40.96 $25.92 $97.51 $61.72 2014 $157,500.00 $0.01 $16.19 $10.25 $61.43 $38.88 2015 $151,200.00 $0.00 $15.09 $9.55 $48.31 $30.58 2016 $144,900.00 $0.00 $14.04 $8.89 $35.64 $22.55 2017 $138,600.00 $0.00 $13.04 $8.25 $23.38 $14.80 2018 $132,300.00 $0.00 $12.08 $7.65 $11.51 $7.28 (c) Fire protection impact fees. (1) Residential. TABLE FP-7 NET RESIDENTIAL FIRE PROTECTION IMPACT FEES, PER UNIT Single-Family Dwellings Multi-Family Dwellings DwellingYear BaseFee Credit for PastTaxes Creditfor FutureTaxes NetFee BaseFee Credit for PastTaxes Creditfor FutureTaxes NetFee 2007 $304.85 $0.00 $168.74 $136.11 $192.16 $0.00 $106.80 $85.36 2008 $304.85 $0.04 $174.27 $130.53 $192.16 $0.02 $110.30 $81.84 2009 $304.85 $0.78 $133.91 $170.16 $192.16 $0.45 $84.75 $106.96 2010 $304.85 $1.52 $93.42 $209.91 $192.16 $0.87 $59.13 $132.16 2011 $304.85 $2.37 $46.90 $255.58 $192.16 $1.35 $29.69 $161.12 2012 $304.85 $2.99 $15.14 $286.72 $192.16 $1.71 $9.58 $180.87 2013 $304.85 $3.34 $2.81 $298.71 $192.16 $1.91 $1.78 $188.48 § 18-11IMPACT FEES CD18:17 DR A F T Single-Family Dwellings Multi-Family Dwellings DwellingYear BaseFee Creditfor PastTaxes CreditforFutureTaxes NetFee BaseFee Creditfor PastTaxes CreditforFutureTaxes NetFee 2014 $304.85 $3.53 $1.68 $299.65 $192.16 $2.01 $1.06 $189.09 2015 $304.85 $3.72 $0.83 $300.30 $192.16 $2.12 $0.53 $189.51 2016 $304.85 $3.91 $0.28 $300.66 $192.16 $2.23 $0.18 $189.75 (2) Nonresidential. TABLE FP-8 ESTIMATED POST-DEVELOPMENT VALUES PER SQUARE FOOT OF FLOOR SPACE Type and Quality of Construction Type of Use FireproofedSteel Skeleton or Reinforced Concrete Masonry orConcrete Bearing WallStructure Wood FrameStructure Pre-FabricatedSteel Structure Industrial/Manufactur- ing $66 $49 $46 $45 Engineering & Research $88 $69 $65 $64 General Office $123 $96 $93 $88 Medical Office $133 $113 $110 $104 General Retail $84 $71 $69 $67 Auto Service Facility N/A $54 $51 $41 Elder Care Facility $102 $84 $81 $78 Motel N/A $74 $72 $72 TABLE FP-9 NONRESIDENTIAL FIRE PROTECTION IMPACT FEE CREDIT FOR PAST TAX PAYMENTS Assume grand list has a 2006 value of $24,994,969, has grown at 3.0%, and will continue to grow at 3.0%. Construction Year Annual Expense TaxRate Needed Tax on$1,000 Value Creditsper $1,000 of Assessed Value 2007 $23,000 0.000920 $0.01 $0.00 2008 $399,800 0.015529 $0.16 $0.01 2009 $396,000 0.014934 $0.15 $0.17 2010 $442,400 0.016198 $0.16 $0.34 2011 $303,700 0.010796 $0.11 $0.53 2012 $120,000 0.004141 $0.04 $0.67 2013 $12,000 0.000402 $0.00 $0.74 2014 $9,000 0.000293 $0.00 $0.78 2015 $6,000 0.000189 $0.00 $0.83 2016 $3,000 0.000092 $0.00 $0.87 TABLE FP-10 NONRESIDENTIAL FIRE PROTECTION IMPACT FEE CREDIT FOR FUTURE TAX PAYMENTS Assume grand list has a 2006 value of $24,994,969, has grown at 3.0%, and will continue to grow at 3.0%. Construction Year Payment TaxRate Needed Tax on$1,000 Value Creditsper $1,000 of Assessed Value 2007 $23,000 0.000920 $0.01 $0.53 2008 $399,800 0.015529 $0.16 $0.55 2009 $396,000 0.014934 $0.15 $0.42 § 18-11 SOUTH BURLINGTON CITY CODE CD18:18 DR A F T Assume grand list has a 2006 value of $24,994,969, has grown at 3.0%, and will continue to grow at 3.0%. ConstructionYear Payment TaxRateNeeded Tax on$1,000Value Creditsper $1,000of Assessed Value 2010 $442,400 0.016198 $0.16 $0.30 2011 $303,700 0.010796 $0.11 $0.15 2012 $120,000 0.004141 $0.04 $0.05 2013 $12,000 0.000402 $0.00 $0.01 2014 $9,000 0.000293 $0.00 $0.01 2015 $6,000 0.000189 $0.00 $0.00 2016 $3,000 0.000092 $0.00 $0.00 (d) Other. TABLE PD-4NET RESIDENTIAL IMPACT FEES, PER UNIT 1 Thru 3 Unit Structures 4+ Unit Structures DwellingYear BaseFee Credit for PastTaxes Credit for FutureTaxes NetFee BaseFee Credit for PastTaxes Credit for FutureTaxes NetFee 2010 $503.88 $0.00 $158.93 $344.95 $352.72 $0.00 $99.90 $252.82 2011 $503.88 $0.20 $153.60 $350.08 $352.72 $0.10 $96.55 $256.07 2012 $503.88 $0.73 $126.81 $376.34 $352.72 $0.36 $79.71 $272.65 2013 $503.88 $1.26 $100.03 $402.59 $352.72 $0.63 $62.88 $289.21 2014 $503.88 $1.71 $79.39 $422.78 $352.72 $0.85 $49.90 $301.96 2015 $503.88 $2.02 $68.07 $433.79 $352.72 $1.01 $42.79 $308.92 2016 $503.88 $2.33 $57.49 $444.05 $352.72 $1.17 $36.14 $315.42 2017 $503.88 $2.64 $47.81 $453.43 $352.72 $1.32 $30.05 $321.35 2018 $503.88 $2.93 $39.20 $461.74 $352.72 $1.47 $24.64 $326.61 2019 $503.88 $3.22 $31.77 $468.89 $352.72 $1.61 $19.97 $331.14 2020 $503.88 $3.50 $25.58 $474.80 $352.72 $1.75 $16.08 $334.89 2021 $503.88 $3.93 $10.10 $489.86 $352.72 $1.96 $6.35 $344.41 2022 $503.88 $4.19 $6.09 $493.60 $352.72 $2.10 $3.83 $346.80 2023 $503.88 $4.44 $3.50 $495.94 $352.72 $2.22 $2.20 $348.30 2024 $503.88 $4.68 $2.39 $496.80 $352.72 $2.34 $1.50 $348.87 2025 $503.88 $4.92 $2.51 $496.45 $352.72 $2.46 $1.58 $348.68 2026 $503.88 $5.16 $2.64 $496.08 $352.72 $2.58 $1.66 $348.48 2027 $503.88 $5.42 $2.77 $495.69 $352.72 $2.71 $1.74 $348.27 2028 $503.88 $5.69 $2.91 $495.28 $352.72 $2.85 $1.83 $348.05 2029 $503.88 $5.98 $3.05 $494.85 $352.72 $2.99 $1.92 $347.81 2030 $503.88 $6.33 $0.00 $497.55 $352.72 $3.16 $0.00 $349.56 TABLE PD-5 NONRESIDENTIAL IMPACT FEE CREDIT FOR PAST TAX PAYMENTS Assume 2006 municipal grand list equals $24,994,969 Grand list will continue to grow at 2.0% per year Construction Year Annual Expense TaxRate Needed Tax on$1,000 Value Credits per $1,000 of Assessed Value 2010 $102,666 0.003795 $0.04 $0.00 2011 $271,764 0.009848 $0.10 $0.04 § 18-11IMPACT FEES CD18:19 DR A F T Assume 2006 municipal grand list equals $24,994,969 Grand list will continue to grow at 2.0% per year Construction Year Annual Expense TaxRate Needed Tax on$1,000 Value Credits per $1,000 of Assessed Value 2012 $266,400 0.009464 $0.09 $0.15 2013 $210,316 0.007325 $0.07 $0.25 2014 $127,972 0.004370 $0.04 $0.34 2015 $119,296 0.003994 $0.04 $0.40 2016 $109,288 0.003587 $0.04 $0.47 2017 $97,696 0.003144 $0.03 $0.53 2018 $85,096 0.002684 $0.03 $0.59 2019 $71,848 0.002222 $0.02 $0.64 2020 $157,916 0.004788 $0.05 $0.70 2021 $43,372 0.001289 $0.01 $0.79 2022 $28,360 0.000827 $0.01 $0.84 2023 $12,844 0.000367 $0.00 $0.89 2024 $0 0.000000 $0.00 $0.94 2025 $0 0.000000 $0.00 $0.98 2026 $0 0.000000 $0.00 $1.03 2027 $0 0.000000 $0.00 $1.08 2028 $0 0.000000 $0.00 $1.14 2029 $36,108 0.000916 $0.01 $1.20 2030 $0 0.000000 $0.00 $1.27 TABLE PD-6 NONRESIDENTIAL IMPACT FEE CREDIT FOR FUTURE TAX PAYMENTS Assume 2003 municipal grand list equals $24,994,969 Grand list will continue to grow at 2.0% per year ConstructionYear AnnualExpense Tax RateNeeded Tax on $1,000Value Credits per $1,000of Assessed Value 2010 $102,666 0.003795 $0.04 $0.45 2011 $271,764 0.009848 $0.10 $0.44 2012 $266,400 0.009464 $0.09 $0.36 2013 $210,316 0.007325 $0.07 $0.29 2014 $127,972 0.004370 $0.04 $0.23 2015 $119,296 0.003994 $0.04 $0.19 2016 $109,288 0.003587 $0.04 $0.16 2017 $97,696 0.003144 $0.03 $0.14 2018 $85,096 0.002684 $0.03 $0.11 2019 $71,848 0.002222 $0.02 $0.09 2020 $157,916 0.004788 $0.05 $0.07 2021 $43,372 0.001289 $0.01 $0.03 2022 $28,360 0.000827 $0.01 $0.02 2023 $12,844 0.000367 $0.00 $0.01 2024 $0 0.000000 $0.00 $0.01 2025 $0 0.000000 $0.00 $0.01 2026 $0 0.000000 $0.00 $0.01 2027 $0 0.000000 $0.00 $0.01 § 18-11 SOUTH BURLINGTON CITY CODE CD18:20 DR A F T Assume 2003 municipal grand list equals $24,994,969 Grand list will continue to grow at 2.0% per year ConstructionYear AnnualExpense Tax RateNeeded Tax on $1,000Value Credits per $1,000of Assessed Value 2028 $0 0.000000 $0.00 $0.01 2029 $36,108 0.000916 $0.01 $0.01 2030 $0 0.000000 $0.00 $0.00 (e) School impact fees. TABLE SC-1SCHOOL IMPACT FEE PER DWELLING UNIT BY NUMBER OF BEDROOMS Number of Bedrooms in Dwelling Unit Amount of School Impact Fee Zero or one bedroom $2,748.00 Two bedrooms $4,636.00 Three bedrooms $8,929.00 Four or more bedrooms $12,535.00 TABLE SC-22023—2031 PAST TAX RATE FOR ZEM BOND PER $1,000 OF VALUATION DwellingConstruction Year [A] AnnualExpense [B]Tax Rate Needed(per $1,000 Assessment) [C]Cumulative Tax Rate(per $1,000 Assessment) [D] 2023 $250,000 0.120431 $0.00 2024 $250,000 0.118652 $0.12 2025 $250,000 0.116898 $0.25 2026 $250,000 0.115171 $0.38 2027 $250,000 0.113469 $0.51 2028 $250,000 0.111792 $0.64 2029 $250,000 0.110140 $0.77 2030 $250,000 0.108512 $0.91 2031 $250,000 0.106908 $1.05 TABLE SC-3 2023—2031 FUTURE TAX RATE PER BEDROOM Dwelling ConstructionYear [A] AnnualExpense [B]Tax Assessedper Bedroom [C] Cumulative Tax Paid per Bedroom(Net Present Value) [D] 2023 $250,000 $31.31 $230.55 2024 $250,000 $30.85 $206.15 2025 $250,000 $30.39 $181.49 2026 $250,000 $29.94 $156.54 2027 $250,000 $29.50 $131.29 2028 $250,000 $29.07 $105.73 2029 $250,000 $28.64 $79.83 2030 $250,000 $28.21 $53.59 2031 $250,000 $27.80 $26.99 (Ord. of 1-23-2023, att.) § 18-11IMPACT FEES CD18:21 DR A F T DR A F T Chapter 19 RESERVED CD19:1 DR A F T DR A F T Chapter 20 MISCELLANEOUS OFFENSES Article I. In General Secs. 20-1—20-18. Reserved. Article II. Weapons Sec. 20-19. Discharging prohibited. Sec. 20-20. Exemption. Sec. 20-21. Enforcement. Sec. 20-22. Civil penalties. Sec. 20-23. Waiver fee. Sec. 20-24. Other relief. Sec. 20-25. Authority. Secs. 20-26—20-53. Reserved. Article III. Public Indecency Sec. 20-54. Purpose and authority. Sec. 20-55. Definitions. Sec. 20-56. Unlawful acts prohibited. Sec. 20-57. Enforcement. Sec. 20-58. Waiver fee. Sec. 20-59. Other relief. CD20:1 DR A F T DR A F T ARTICLE I. IN GENERAL Secs. 20-1—20-18. Reserved. ARTICLE II. WEAPONS* Sec. 20-19. Discharging prohibited. The shooting or discharging of any gun, revolver, pistol, shotgun, rifle, or firearm of any type or any air gun, BB gun, gas-operated gun or spring gun or any bow, including, but not limited to, conventional bows, compound bows and crossbows, capable of projecting missiles of any kind, is prohibited in the city, except as provided in section 20-20. (Ord. of 6-2-1997, § 1) Sec. 20-20. Exemption. (a) Police officers in the performance of a legal duty, and firing ranges approved, as to construction and supervision, by the chief of police, are hereby excluded from the provisions of this article. (b) An individual responsible for the care of livestock is excluded from the provisions of this article to the extent necessary to prevent injury to such livestock from dogs. (c) Educational and training programs as approved by city police recreation or school departments are also exempt from the provisions of this article, provided that they meet minimum safety requirements and are supervised by approved, certified instructors. (Ord. of 6-2-1997, § 1) *Charter reference—Authority to adopt and enforce police ordinances regulating and prohibiting the use of firearms, air rifles, and devices having a capacity to inflict personal injury, § 13-104. State law references—Authority to regulate firearms, etc., limited, 24 V.S.A. § 2295; prohibiting discharge of firearms, 24 V.S.A. § 2291(8); city cannot directly regulate hunting, fishing and trapping or the possession, ownership, transportation, transfer, sale, purchase, carrying, licensing or registration of traps, firearms, ammunition or components of firearms or ammunition, 24 V.S.A. § 2295. § 20-20MISCELLANEOUS OFFENSES CD20:3 DR A F T Sec. 20-21. Enforcement. (a) Any person who violates a provision of this article shall be subject to a civil penalty of up to $500.00 per day for each day that such violation continues. (b) Police officers of the city shall be authorized to act as issuing municipal officials to issue and pursue a municipal complaint before the traffic and municipal ordinance bureau. (Ord. of 6-2-1997, § 1) Sec. 20-22. Civil penalties. (a) An issuing municipal official is authorized to recover civil penalties in the following amounts for each violation: Civil Penalties - Weapons First offense $100.00 Second offense $200.00 Third offense $300.00 Fourth offense $400.00 Fifth and subsequent offenses $500.00 (b) Offenses shall be counted on a calendar-year basis. (Ord. of 6-2-1997, § 1) Sec. 20-23. Waiver fee. (a) An issuing municipal official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amount, for any person who declines to contest a municipal complaint and pays the waiver fee: Waiver Fees - Weapons First offense $50.00 Second offense $125.00 Third offense $200.00 Fourth offense $275.00 Fifth and subsequent offenses $350.00 (b) Offenses shall be counted on a calendar-year basis. (Ord. of 6-2-1997, § 1) § 20-21 SOUTH BURLINGTON CITY CODE CD20:4 DR A F T Sec. 20-24. Other relief. In addition to the enforcement procedures available before the traffic and municipal ordinance bureau, the city manager is authorized to commence a civil action to obtain injunctive and other appropriate relief, to request revocation of a license by the city council or to pursue any other remedy authorized by law. (Ord. of 6-2-1997, § 1) Sec. 20-25. Authority. (a) The ordinance from which this article is derived is enacted by the city council to promote the public health, safety and welfare of the city under the authority it is granted by 24 V.S.A. § 2291 and section 13-104 of the Charter. (b) The ordinance from which this article is derived shall constitute a civil ordinance within the meaning of 24 V.S.A. ch. 59. (Ord. of 6-2-1997, § 1) Secs. 20-26—20-53. Reserved. ARTICLE III. PUBLIC INDECENCY Sec. 20-54. Purpose and authority. The ordinance from which this article is derived is enacted pursuant to the authority granted the city to promote the public health, safety, welfare, and convenience contained in 24 V.S.A. § 2291, and section 13-104 of the Charter. It is the purpose of this article to regulate public indecency, including public nudity, which is deemed to be a public nuisance. The ordinance from which this article is derived shall be a civil ordinance within the meaning of 24 V.S.A. ch. 59. (Ord. of 4-26-1995, §§ 1, 2; Ord. of 10-19-2015(5), § 1) Sec. 20-55. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Nudity means the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the § 20-55MISCELLANEOUS OFFENSES CD20:5 DR A F T female breast with less than a fully opaque covering of any portion of the nipple, or the depiction of covered male genitals in a discernibly turgid state. The showing of the female breast or any portion of the nipple in the act of breastfeeding an infant child does not constitute nudity. (Ord. of 4-26-1995, § 3; Ord. of 10-19-2015(5), § 2) Sec. 20-56. Unlawful acts prohibited. (a) No person shall knowingly or intentionally in a public place: (1) Engage in sexual intercourse; (2) Appear in a state of nudity; (3) Fondle his genitals; or (4) Fondle the genitals of another person. (b) No person who owns, leases or controls property shall knowingly allow any person to engage in the conduct described in subsection (a) of this section at any time such property is open to the public. (Ord. of 4-26-1995, § 4; Ord. of 10-19-2015(5), § 3) Sec. 20-57. Enforcement. (a) Any person who violates a provision of this article shall be subject to a violation which shall be punishable as a civil violation pursuant to section 1-14. (b) Each day the violation continues shall constitute a separate offense. (c) Police officers of the city shall be authorized to act as issuing municipal officials to issue and pursue before the judicial bureau a municipal complaint. A municipal complaint may, at the discretion of the issuing municipal official, be dismissed upon the successful completion of a reparative justice program through the city community justice center. (Ord. of 4-26-1995, § 5; Ord. of 10-19-2015(5), § 4) Sec. 20-58. Waiver fee. An issuing municipal official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amount, for any person who declines to contest a municipal complaint and pays the waiver fee: § 20-55 SOUTH BURLINGTON CITY CODE CD20:6 DR A F T Waiver Fees - Public Indecency First offense $100.00 Second offense $250.00 Third offense $400.00 Fourth offense $550.00 Fifth and subsequent offenses $700.00 (Ord. of 4-26-1995, §§ 6, 7; Ord. of 10-19-2015(5), § 5) Sec. 20-59. Other relief. In addition to the enforcement procedures available before the judicial bureau, the city manager is authorized to commence a civil action to obtain injunctive and other appropriate relief, or to pursue any other remedy authorized by law. (Ord. of 4-26-1995, § 8; Ord. of 10-19-2015(5), § 6) § 20-59MISCELLANEOUS OFFENSES CD20:7 DR A F T DR A F T Chapter 21 RESERVED CD21:1 DR A F T DR A F T Chapter 22 PARKS AND RECREATION Article I. In General Secs. 22-1—22-18. Reserved. Article II. Conduct in Parks Division 1. Generally Sec. 22-19. Purpose and authority. Sec. 22-20. Definitions. Sec. 22-21. Supervised by city recreation department. Sec. 22-22. Risk. Sec. 22-23. Closed areas. Secs. 22-24—22-49. Reserved. Division 2. Conduct Sec. 22-50. Posting unlawful. Sec. 22-51. Permit required. Sec. 22-52. Disturbing the peace. Sec. 22-53. Alcohol forbidden. Sec. 22-54. Firearms; fireworks. Sec. 22-55. Smoking prohibited. Secs. 22-56—22-83. Reserved. Division 3. Camping, Boating, Fishing, and Bathing Sec. 22-84. Overnight camping. Sec. 22-85. Boating and fishing. Sec. 22-86. Bathing and swimming. Secs. 22-87—22-115. Reserved. Division 4. Fires Sec. 22-116. Fires in outdoor fireplaces and grills only. Sec. 22-117. Portable stoves. Sec. 22-118. Fires not to be left unattended. Secs. 22-119—22-149. Reserved. CD22:1 DR A F T Division 5. Refuse Sec. 22-150. Use of receptacles. Sec. 22-151. Glass containers not permitted. Sec. 22-152. Pollution prohibited. Secs. 22-153—22-172. Reserved. Division 6. Traffic Sec. 22-173. Pedestrians have right-of-way on park roads. Sec. 22-174. Traffic signs and directions. Sec. 22-175. Speed limit. Sec. 22-176. Fee; ticket. Sec. 22-177. Motor vehicles prohibited on foot trails. Sec. 22-178. ATVs and snowmobiles not permitted. Secs. 22-179—22-209. Reserved. Division 7. Recreation Path Sec. 22-210. Vehicular driving prohibited on city recreation path; exceptions. Sec. 22-211. Skateboards and horses prohibited. Sec. 22-212. Bicycle racing prohibited. Sec. 22-213. Pedestrians have right-of-way. Sec. 22-214. Rules. Sec. 22-215. Dogs. Sec. 22-216. Commercial purposes. Sec. 22-217. Littering prohibited. Secs. 22-218—22-242. Reserved. Division 8. Animals, Plants and Wildlife Sec. 22-243. Domestic animals within park boundaries. Sec. 22-244. Horseback riding. Sec. 22-245. Picking plants, etc., prohibited. Sec. 22-246. Disturbing or causing injury to animal prohibited. Sec. 22-247. Domestic animals prohibited in certain areas; dogs. Secs. 22-248—22-272. Reserved. Division 9. Hours and Fees Sec. 22-273. City parks open during hours posted. Sec. 22-274. Towing. Sec. 22-275. Fees. Secs. 22-276—22-298. Reserved. SOUTH BURLINGTON CITY CODE CD22:2 DR A F T Division 10. Permit System Sec. 22-299. Permit requirement. Sec. 22-300. Application required. Sec. 22-301. Application form and contents. Sec. 22-302. Issuance of permit subject to applicant's use and activity. Sec. 22-303. Conditions. Sec. 22-304. Fee. Sec. 22-305. Bond. Sec. 22-306. Approval or denial; appeal. Secs. 22-307—22-330. Reserved. Division 11. Enforcement Sec. 22-331. Violations. Sec. 22-332. Waiver fee. Sec. 22-333. Other relief. PARKS AND RECREATION CD22:3 DR A F T DR A F T ARTICLE I. IN GENERAL Secs. 22-1—22-18. Reserved. ARTICLE II. CONDUCT IN PARKS* DIVISION 1. GENERALLY Sec. 22-19. Purpose and authority. (a) The ordinance from which this article is derived is enacted by the city council pursuant to authority it is granted under 24 V.S.A. ch. 67, 24 V.S.A. § 2291, 18 V.S.A. ch. 37, and section 13-104 of the Charter. (b) The purpose of this article is to ensure all citizens of the city that the parks of the city will be clean, safe and enjoyable places for people to engage in the recreation pursuits of their choice. (c) The ordinance from which this article is derived shall constitute a civil ordinance within the meaning of 24 V.S.A. ch. 59. (Ord. of 6-4-1979, § 1(A); Ord. of 8-18-1992, § I; Ord. of 4-5-1999, § III; Ord. of 10-19-2015(3), § 1; Ord. of 5-1-2017(1), § 1; Ord. of 3-18-2019, § 1) Sec. 22-20. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Park means all recreation facilities and lands regarding which the city holds a legal interest for open space and recreation use, whether such lands are developed or undeveloped. The term "park" includes, but is not limited to, playgrounds, open spaces, conservation areas, recreation and bicycle paths, trails, beaches, pathways, as well as public parks. The term "park" shall also include property regarding which the city school district holds a legal interest at such time as the district provides the city council with written authority to regulate conduct on such property and the council by resolution accepts said *Charter reference—Authority to acquire parks, § 13-103. State law reference—Parks and shade trees, 24 V.S.A. § 2501 et seq. § 22-20PARKS AND RECREATION CD22:5 DR A F T authority. Recreation and bicycle paths shall not include roadways identified by the city as "bicycle routes" where a bicycle path or lane is not specifically defined on such roadway. Smoking means the possession and use of lighted tobacco products or possession and use of tobacco substitutes, as those terms are defined in 7 V.S.A. § 1001, as now enacted or hereafter amended. (Ord. of 6-4-1979, § 1(B); Ord. of 8-18-1992, § I; Ord. of 10-19-2015(3), § 2; Ord. of 5-1-2017(1), § 2; Ord. of 3-18-2019, § 2) Sec. 22-21. Supervised by city recreation department. City parks will be operated, maintained and supervised by the city recreation department. (Ord. of 6-4-1979, § 1(C); Ord. of 8-18-1992, § I; Ord. of 10-19-2015(3), § 3(A); Ord. of 5-1-2017(1), § 3(A); Ord. of 3-18-2019, § 3(A)) Sec. 22-22. Risk. Visitors use the city parks at their own risk. The city is not responsible for theft, personal injury, property damage or any other loss. Such losses, however, should be reported to the city recreation and police departments. (Ord. of 6-4-1979, § 1(D); Ord. of 8-18-1992, § I; Ord. of 10-19-2015(3), § 3(B); Ord. of 5-1-2017(1), § 3(B); Ord. of 3-18-2019, § 3(B)) Sec. 22-23. Closed areas. Any area of any park may be declared closed to the public by the director of recreation and parks at any time for any interval of time. When so closed, the director shall cause notice to be posted at the entrances to said park and at the closed area so as to notify the public that the area of the park is closed. A person shall not enter, pass through, or remain in the closed area of any park, except with the written permission of the director. (Ord. of 10-19-2015(3), § 13; Ord. of 5-1-2017(1), § 13; Ord. of 3-18-2019, § 13) Secs. 22-24—22-49. Reserved. § 22-20 SOUTH BURLINGTON CITY CODE CD22:6 DR A F T DIVISION 2. CONDUCT Sec. 22-50. Posting unlawful. It shall be unlawful to post bills, cut, deface, write upon, remove or destroy any tree, shrub, rock, signs, buildings, tables, benches, fireplaces, grills or other structures or equipment, facilities or park property, or appurtenances whatsoever. (Ord. of 6-4-1979, § 2(A); Ord. of 10-19-2015(3), § 4(A); Ord. of 5-1-2017(1), § 4(A); Ord. of 3-18-2019, § 4(A)) Sec. 22-51. Permit required. (a) No person shall engage or participate in, aid, form, or organize any assembly or group, or make speeches, or conduct programs of entertainment in any city park unless a permit has been issued, pursuant to division 10 of this article, and said permit is carried by the person directing or leading such activity. (b) This section does not apply to educational activities of students under school direction, or to government agency activity within the scope of the functions of such agency. (Ord. of 6-4-1979, § 2(B); Ord. of 10-19-2015(3), § 4(B); Ord. of 5-1-2017(1), § 4(B); Ord. of 3-18-2019, § 4(B)) Sec. 22-52. Disturbing the peace. No person shall disturb the peace, endanger the public safety, use obscene or profane language or prevent the use of city parks by others. (Ord. of 6-4-1979, § 2(C); Ord. of 10-19-2015(3), § 4(C); Ord. of 5-1-2017(1), § 4(C); Ord. of 3-18-2019, § 4(C)) Sec. 22-53. Alcohol forbidden. Drinking of alcoholic beverages in city parks is strictly forbidden, unless the individual is a member of a group that has been issued a permit by the recreation department, pursuant to division 10 of this article, and such permit specifically sanctions the drinking of alcoholic beverages. (Ord. of 6-4-1979, § 2(D); Ord. of 10-19-2015(3), § 4(D); Ord. of 5-1-2017(1), § 4(D); Ord. of 3-18-2019, § 4(D)) § 22-53PARKS AND RECREATION CD22:7 DR A F T Sec. 22-54. Firearms; fireworks. Firearms of any description, air rifles, gas weapons, slingshots, bows and arrows, firecrackers, and explosives are prohibited and shall not be displayed or discharged in city parks. Firework displays may be permitted by permit. (Ord. of 6-4-1979, § 2(E); Ord. of 10-19-2015(3), § 4(E); Ord. of 5-1-2017(1), § 4(E); Ord. of 3-18-2019, § 4(E)) Sec. 22-55. Smoking prohibited. Smoking shall be prohibited in all parks, including all city playgrounds, natural areas, beaches, athletic fields, bleachers, as well as event areas and venues. It shall be within the discretion of the director of recreation and parks to designate specific smoking areas within any park, as well as to post and maintain "No Smoking" signs clearly and conspicuously throughout the smoke-free areas of the parks. (Ord. of 5-1-2017(1), § 4(F); Ord. of 3-18-2019, § 4(F)) Secs. 22-56—22-83. Reserved. DIVISION 3. CAMPING, BOATING, FISHING, AND BATHING Sec. 22-84. Overnight camping. Overnight camping is prohibited unless such activity is confined to areas specifically designated by the recreation department for that purpose. (Ord. of 6-4-1979, § 3(A); Ord. of 10-19-2015(3), § 5(A); Ord. of 5-1-2017(1), § 5(A); Ord. of 3-18-2019, § 5(A)) Sec. 22-85. Boating and fishing. Boating and fishing are not permitted in any area designated for swim- ming use. (Ord. of 6-4-1979, § 3(B); Ord. of 10-19-2015(3), § 5(B); Ord. of 5-1-2017(1), § 5(B); Ord. of 3-18-2019, § 5(B)) Sec. 22-86. Bathing and swimming. (a) Bathing and swimming are allowed only in areas so designated, and all persons swimming or bathing do so at their own risk. § 22-54 SOUTH BURLINGTON CITY CODE CD22:8 DR A F T (b) Changing clothes, except in bathhouses provided by the recreation department, is prohibited. (c) Use of inflatable or other types of swimming aids is prohibited, except in areas designated for such purpose by the recreation department. (Ord. of 6-4-1979, § 3(C); Ord. of 10-19-2015(3), § 5(C); Ord. of 5-1-2017(1), § 5(C); Ord. of 3-18-2019, § 5(C)) Secs. 22-87—22-115. Reserved. DIVISION 4. FIRES Sec. 22-116. Fires in outdoor fireplaces and grills only. Fires shall be built only in outdoor fireplaces provided by the city or in grills in designated picnic areas. There will be no fires on the trail system. (Ord. of 6-4-1979, § 4(A); Ord. of 10-19-2015(3), § 6(A); Ord. of 5-1-2017(1), § 6(A); Ord. of 3-18-2019, § 6(A)) Sec. 22-117. Portable stoves. Portable stoves may be used only in designated picnic areas. Such stoves, when in use, shall be placed on charcoal grills or outdoor fireplaces, and not upon the ground, adjacent woods, refuse receptacles, picnic tables or benches. (Ord. of 6-4-1979, § 4(B); Ord. of 10-19-2015(3), § 6(B); Ord. of 5-1-2017(1), § 6(B); Ord. of 3-18-2019, § 6(B)) Sec. 22-118. Fires not to be left unattended. Fires shall not be left unattended. (Ord. of 6-4-1979, § 4(C); Ord. of 10-19-2015(3), § 6(C); Ord. of 5-1-2017(1), § 6(C); Ord. of 3-18-2019, § 6(C)) Secs. 22-119—22-149. Reserved. DIVISION 5. REFUSE Sec. 22-150. Use of receptacles. Refuse, rubbish, garbage or other trash of any nature shall not be left in city parks, except in receptacles where provided. (Ord. of 6-4-1979, § 5(A); Ord. of 10-19-2015(3), § 7(A); Ord. of 5-1-2017(1), § 7(A); Ord. of 3-18-2019, § 7(A)) § 22-150PARKS AND RECREATION CD22:9 DR A F T Sec. 22-151. Glass containers not permitted. No glass containers are permitted within park boundaries. (Ord. of 6-4-1979, § 5(B); Ord. of 10-19-2015(3), § 7(B); Ord. of 5-1-2017(1), § 7(B); Ord. of 3-18-2019, § 7(B)) Sec. 22-152. Pollution prohibited. No person shall pollute the waters of any city park through the deposit of any foreign material therein. (Ord. of 6-4-1979, § 5(C); Ord. of 10-19-2015(3), § 7(C); Ord. of 5-1-2017(1), § 7(C); Ord. of 3-18-2019, § 7(C)) Secs. 22-153—22-172. Reserved. DIVISION 6. TRAFFIC Sec. 22-173. Pedestrians have right-of-way on park roads. Pedestrians have the right-of-way on all park roads. (Ord. of 6-4-1979, § 6(A); Ord. of 10-19-2015(3), § 8(A); Ord. of 5-1-2017(1), § 8(A); Ord. of 3-18-2019, § 8(A)) Sec. 22-174. Traffic signs and directions. All persons driving motorized vehicles shall obey all traffic signs and directions of park employees and shall park only in areas designated for that purpose. (Ord. of 6-4-1979, § 6(B); Ord. of 10-19-2015(3), § 8(B); Ord. of 5-1-2017(1), § 8(B); Ord. of 3-18-2019, § 8(B)) Sec. 22-175. Speed limit. The speed limit on all park roads is 15 miles per hour, unless otherwise designated. (Ord. of 6-4-1979, § 6(C); Ord. of 10-19-2015(3), § 8(C); Ord. of 5-1-2017(1), § 8(C); Ord. of 3-18-2019, § 8(C)) Sec. 22-176. Fee; ticket. Where an entrance gate and attendant's booth has been provided at any city park, operators of motor vehicles entering such parks shall pay the requested fee and retain the ticket received from the attendant as a receipt. (Ord. of 6-4-1979, § 6(D); Ord. of 10-19-2015(3), § 8(D); Ord. of 5-1-2017(1), § 8(D); Ord. of 3-18-2019, § 8(D)) § 22-151 SOUTH BURLINGTON CITY CODE CD22:10 DR A F T Sec. 22-177. Motor vehicles prohibited on foot trails. (a) Motor vehicles, including motorcycles and motorbikes, are prohibited on foot trails and other areas other than on roads maintained for public vehicular traffic. (b) Bicycles may be used only on designated trails at designated times. (Ord. of 6-4-1979, § 6(E); Ord. of 10-19-2015(3), § 8(E); Ord. of 5-1-2017(1), § 8(E); Ord. of 3-18-2019, § 8(E)) Sec. 22-178. ATVs and snowmobiles not permitted. All-terrain vehicles (ATVs) and snowmobiles are not permitted within the boundaries of city parks, except within areas designated for such use by the recreation department. (Ord. of 6-4-1979, § 6(F); Ord. of 10-19-2015(3), § 8(F); Ord. of 5-1-2017(1), § 8(F); Ord. of 3-18-2019, § 8(F)) Secs. 22-179—22-209. Reserved. DIVISION 7. RECREATION PATH Sec. 22-210. Vehicular driving prohibited on city recreation path; exceptions. All motorized vehicles of every kind and description are prohibited from driving on the city recreation path, except as follows: (1) Emergency response vehicles and authorized city maintenance and enforcement vehicles; (2) Vehicles crossing the path at designated crossing points such as intersections and driveways; (3) Vehicles traveling on Lindenwood Drive, to the extent necessary to avoid potential conflicts with other vehicles; and (4) Motorized wheelchairs. (Ord. of 8-18-1992, § II; Ord. of 7-20-2009, § 1(a); Ord. of 10-19-2015(3), § 9(A); Ord. of 5-1-2017(1), § 9(A); Ord. of 3-18-2019, § 9(A)) § 22-210PARKS AND RECREATION CD22:11 DR A F T Sec. 22-211. Skateboards and horses prohibited. Skateboards and horses are prohibited from the recreation path. (Ord. of 8-18-1992, § II; Ord. of 7-20-2009, § 1(b); Ord. of 10-19-2015(3), § 9(B); Ord. of 5-1-2017(1), § 9(B); Ord. of 3-18-2019, § 9(B)) Sec. 22-212. Bicycle racing prohibited. Racing of bicycles is prohibited on the recreation path, unless approved by the director of recreation and parks. (Ord. of 8-18-1992, § II; Ord. of 7-20-2009, § 1(c); Ord. of 10-19-2015(3), § 9(C); Ord. of 5-1-2017(1), § 9(C); Ord. of 3-18-2019, § 9(C)) Sec. 22-213. Pedestrians have right-of-way. Pedestrians have the right-of-way on the recreation path. (Ord. of 8-18-1992, § II; Ord. of 7-20-2009, § 1(d); Ord. of 10-19-2015(3), § 9(D); Ord. of 5-1-2017(1), § 9(D); Ord. of 3-18-2019, § 9(D)) Sec. 22-214. Rules. Users of the recreation path shall observe and obey the following rules: (1) All users shall stay to the right side of the path except when passing. (2) Passing shall be done on the left of the person being passed. Users shall warn others prior to passing them by announcing "passing to your left" or some other suitable warning. (3) Users shall travel single file when necessary for safety. (4) Users shall obey all applicable traffic rules and regulations, including coming to a complete stop at all stop signs. (5) Bicyclists shall stop at all stop signs, and shall walk their bicycles in any area posted for walking only. (6) All users shall travel only at such speeds and in such a manner as is safe under the circumstances, including current weather conditions and the condition of the path surface. (Ord. of 8-18-1992, § II; Ord. of 7-20-2009, § 1(e); Ord. of 10-19-2015(3), § 9(E); Ord. of 5-1-2017(1), § 9(E); Ord. of 3-18-2019, § 9(E)) § 22-211 SOUTH BURLINGTON CITY CODE CD22:12 DR A F T Sec. 22-215. Dogs. All dogs must be leashed on a maximum six-foot leash. Dog feces shall be removed from the recreation path and the right-of-way by the person responsible for the dog. (Ord. of 8-18-1992, § II; Ord. of 7-20-2009, § 1(f); Ord. of 10-19-2015(3), § 9(F); Ord. of 5-1-2017(1), § 9(F); Ord. of 3-18-2019, § 9(F)) Sec. 22-216. Commercial purposes. No person shall have use of the recreation path for commercial purposes without first receiving the express approval of the city council. (Ord. of 8-18-1992, § II; Ord. of 7-20-2009, § 1(g); Ord. of 10-19-2015(3), § 9(G); Ord. of 5-1-2017(1), § 9(G); Ord. of 3-18-2019, § 9(G)) Sec. 22-217. Littering prohibited. No person shall litter on or adjacent to the recreation path. (Ord. of 8-18-1992, § II; Ord. of 7-20-2009, § 1(h); Ord. of 10-19-2015(3), § 9(H); Ord. of 5-1-2017(1), § 9(H); Ord. of 3-18-2019, § 9(H)) Secs. 22-218—22-242. Reserved. DIVISION 8. ANIMALS, PLANTS AND WILDLIFE Sec. 22-243. Domestic animals within park boundaries. Except where prohibited under section 22-247, domestic animals are permitted within the city park boundaries when under the control of the owner. (Ord. of 6-4-1979, § 7(a); Ord. of 7-20-1987; Ord. of 8-18-1992, § III; Ord. of 4-5-1999, § I; Ord. of 10-19-2015(3), § 10(A); Ord. of 5-1-2017(1), § 10(A); Ord. of 3-18-2019, § 10(A)) Sec. 22-244. Horseback riding. Horseback riding is prohibited within city parks, except in areas specifi- cally designated for such purpose by the recreation department. (Ord. of 6-4-1979, § 7(b); Ord. of 7-20-1987; Ord. of 8-18-1992, § III; Ord. of 4-5-1999, § I; Ord. of 10-19-2015(3), § 10(B); Ord. of 5-1-2017(1), § 10(B); Ord. of 3-18-2019, § 10(B)) § 22-244PARKS AND RECREATION CD22:13 DR A F T Sec. 22-245. Picking plants, etc., prohibited. Within the boundaries of any park, trees, shrubs, flowers, ferns, or other plants shall not be lifted or picked by park visitors. No stones, rocks, birds or animals shall be removed. Removal of bark from trees by any means whatsoever is prohibited. Cutting and removal of firewood is prohibited unless specifically authorized in writing by the director of recreation and parks or city manager. Axes, hatchets, shovels, chainsaws, picks, handsaws, and all other tools used to dig, cut or build are specifically prohibited within city parks, except where expressly authorized by way of a permit issued pursuant to division 10 of this article. (Ord. of 6-4-1979, § 7(c); Ord. of 7-20-1987; Ord. of 8-18-1992, § III; Ord. of 4-5-1999, § I; Ord. of 10-19-2015(3), § 10(C); Ord. of 5-1-2017(1), § 10(C); Ord. of 3-18-2019, § 10(C)) Sec. 22-246. Disturbing or causing injury to animal prohibited. No person shall disturb or injure any animal within the confines of a city park, nor disturb any animal habitat. (Ord. of 6-4-1979, § 7(d); Ord. of 7-20-1987; Ord. of 8-18-1992, § III; Ord. of 4-5-1999, § I; Ord. of 10-19-2015(3), § 10(D); Ord. of 5-1-2017(1), § 10(D); Ord. of 3-18-2019, § 10(D)) Sec. 22-247. Domestic animals prohibited in certain areas; dogs. Domestic animals shall be prohibited at all times from the beach area at Red Rocks Park and the adjoining water of Lake Champlain. Dogs must be under owner control by a leash no longer than six feet at all times when in Red Rocks Park, Jaycee Park, or Veterans Memorial Park, or on recreation or bicycle paths. (Ord. of 6-4-1979, § 7(e); Ord. of 7-20-1987; Ord. of 8-18-1992, § III; Ord. of 4-5-1999, § I; Ord. of 10-19-2015(3), § 10(E); Ord. of 5-1-2017(1), § 10(E); Ord. of 3-18-2019, § 10(E)) Secs. 22-248—22-272. Reserved. § 22-245 SOUTH BURLINGTON CITY CODE CD22:14 DR A F T DIVISION 9. HOURS AND FEES Sec. 22-273. City parks open during hours posted. City parks, including roads and parking areas, shall be open only during the times indicated at park entrances or as otherwise established by the recreation department. (Ord. of 6-4-1979, § 8(A); Ord. of 8-18-1992, § III; Ord. of 10-19-2015(3), § 11(A); Ord. of 5-1-2017(1), § 11(A); Ord. of 3-18-2019, § 11(A)) Sec. 22-274. Towing. Cars and other types of motor vehicles left in city parks after hours, or in unauthorized areas, will be towed away at the owner's expense. (Ord. of 6-4-1979, § 8(B); Ord. of 8-18-1992, § III; Ord. of 10-19-2015(3), § 11(B); Ord. of 5-1-2017(1), § 11(B); Ord. of 3-18-2019, § 11(B)) Sec. 22-275. Fees. Reasonable fees may be assessed by the recreation department for the entry of vehicles onto park lands and for the use of city parks by individuals. The director of recreation and parks shall establish a schedule of such fees and post said schedule at park entrances. (Ord. of 6-4-1979, § 8(C); Ord. of 8-18-1992, § III; Ord. of 10-19-2015(3), § 11(C); Ord. of 5-1-2017(1), § 11(C); Ord. of 3-18-2019, § 11(C)) Secs. 22-276—22-298. Reserved. DIVISION 10. PERMIT SYSTEM Sec. 22-299. Permit requirement. A permit must be obtained through the system outlined in this division before any person engages in any of the activities described in sections 22-51, 22-53, 22-54 and 22-245. (Ord. of 6-4-1979, § 9(A); Ord. of 8-18-1992, § III; Ord. of 10-19-2015(3), § 12(A); Ord. of 5-1-2017(1), § 12(A); Ord. of 3-18-2019, § 12(A)) § 22-299PARKS AND RECREATION CD22:15 DR A F T Sec. 22-300. Application required. Application shall be made to the recreation department prior to the proposed activity date. (Ord. of 6-4-1979, § 9(B); Ord. of 8-18-1992, § III; Ord. of 10-19-2015(3), § 12(B); Ord. of 5-1-2017(1), § 12(B); Ord. of 3-18-2019, § 12(B)) Sec. 22-301. Application form and contents. Application shall be made on a form provided by the director of recreation and parks, specifying: (1) The name, address, and phone number of the applicant; (2) The name of the sponsoring organization, if any; (3) The date and the type of proposed activity; (4) The park which has been requested; (5) The estimated attendance; and (6) The hours during which the activity is to be conducted. (Ord. of 6-4-1979, § 9(C); Ord. of 8-18-1992, § III; Ord. of 10-19-2015(3), § 12(C); Ord. of 5-1-2017(1), § 12(C); Ord. of 3-18-2019, § 12(C)) Sec. 22-302. Issuance of permit subject to applicant's use and activ- ity. The director of recreation and parks, or his designee, shall issue a permit if the applicant's use will not materially interfere with the enjoyment and use of city parks by the general public, based on consideration of whether the applicant's activity: (1) Will detract from residents' recreation opportunities. (2) Will unreasonably infringe on public health, safety or welfare. (3) Will conflict with facilities reserved for other uses. (4) Will interfere with traffic or burden policy services. (5) Is likely to cause personal or property injury, incite violence, crime, or disorderly conduct. § 22-300 SOUTH BURLINGTON CITY CODE CD22:16 DR A F T (6) Is for the primary purpose of advertising products, goods or events, or for purely private profit. (Ord. of 6-4-1979, § 9(D); Ord. of 8-18-1992, § III; Ord. of 10-19-2015(3), § 12(D); Ord. of 5-1-2017(1), § 12(D); Ord. of 3-18-2019, § 12(D)) Sec. 22-303. Conditions. The director of recreation and parks may impose reasonable conditions upon the issuance of a permit. (Ord. of 6-4-1979, § 9(E); Ord. of 8-18-1992, § III; Ord. of 10-19-2015(3), § 12(E); Ord. of 5-1-2017(1), § 12(E); Ord. of 3-18-2019, § 12(E)) Sec. 22-304. Fee. A fee may be imposed by the director of recreation and parks as a condition to the issuance of a permit in relation to fundraising activity or for the purpose of defraying the costs of clean-up, either before or after the proposed activity. (Ord. of 6-4-1979, § 9(F); Ord. of 8-18-1992, § III; Ord. of 10-19-2015(3), § 12(F); Ord. of 5-1-2017(1), § 12(F); Ord. of 3-18-2019, § 12(F)) Sec. 22-305. Bond. As a condition of the issuance of a permit, the director of recreation and parks may, at his discretion, require the posting of a bond to cover possible damages to any city property and may require the individual or group to have in attendance a law enforcement officer. (Ord. of 6-4-1979, § 9(G); Ord. of 8-18-1992, § III; Ord. of 10-19-2015(3), § 12(G); Ord. of 5-1-2017(1), § 12(G); Ord. of 3-18-2019, § 12(G)) Sec. 22-306. Approval or denial; appeal. (a) The director of recreation and parks shall act on an application within five business days of the receipt thereof. (b) Denial of an application shall be accompanied by a statement of reasons for such denial. (c) An applicant may appeal the action of the director to the city manager. (Ord. of 6-4-1979, § 9(H); Ord. of 8-18-1992, § III; Ord. of 10-19-2015(3), § 12(H); Ord. of 5-1-2017(1), § 12(H); Ord. of 3-18-2019, § 12(H)) Secs. 22-307—22-330. Reserved. § 22-330PARKS AND RECREATION CD22:17 DR A F T DIVISION 11. ENFORCEMENT Sec. 22-331. Violations. (a) Any person who violates a provision of this article or who violates any condition of a permit issued hereunder shall be subject to a violation which shall be punishable as a civil violation pursuant to section 1-14. (b) Each day the violation continues shall constitute a separate offense. (c) The director of recreation and parks, police officers, animal control officers and park attendants of the city shall be authorized to act as issuing municipal officials to issue and pursue before the judicial bureau a municipal complaint. A municipal complaint may, at the discretion of the issuing municipal official, be dismissed upon the successful completion of a restorative justice program through the city community justice center. (Ord. of 6-4-1979, § 10; Ord. of 4-5-1999, § II; Ord. of 10-19-2015(3), § 14; Ord. of 5-1-2017(1), § 14; Ord. of 3-18-2019, § 14) Sec. 22-332. Waiver fee. An issuing municipal official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amount, for any person who declines to contest a municipal complaint and pays the waiver fee: Waiver Fees - Conduct in Parks First offense $100.00 Second offense $250.00 Third offense $400.00 Fourth offense $550.00 Fifth and subsequent offenses $700.00 (Ord. of 4-5-1999, § III; Ord. of 10-19-2015(3), § 15; Ord. of 5-1-2017(1), § 15; Ord. of 3-18-2019, § 15) Sec. 22-333. Other relief. (a) In addition to the enforcement procedures available before the judicial bureau, the city manager is authorized to commence a civil action to obtain injunctive relief and other appropriate relief, or to pursue any other remedy authorized by law. § 22-331 SOUTH BURLINGTON CITY CODE CD22:18 DR A F T (b) Issuing municipal officials shall have the authority to eject from the park any person acting in violation of any provisions of this article or in violation of any permit issued pursuant to this article. (c) A permit issued under this article may be revoked by the director of recreation and parks without reimbursement of any fee for: (1) Misrepresentations on an application; (2) Violation of the provisions of this article or other city regulation; or (3) Where there is a risk to public health or safety. (d) Any revocation pursuant to this section may be appealed to the city council by filing a notice thereof with the secretary of the council within ten days of such revocation. (e) In addition to the enforcement procedures available before the judicial bureau, a person who enters the closed area of any park shall be liable to the city for expenses incurred by the city to provide rescue, medical or other services to such person for circumstances or injuries which result from entrance into, or use of, the closed area. (Ord. of 10-19-2015(3), § 16; Ord. of 5-1-2017(1), § 16; Ord. of 3-18-2019, § 16) § 22-333PARKS AND RECREATION CD22:19 DR A F T DR A F T Chapter 23 RESERVED CD23:1 DR A F T DR A F T Chapter 24 SALES Article I. In General Secs. 24-1—24-10. Reserved. Article II. Peddlers Division 1. Generally Sec. 24-11. Purpose and authority. Sec. 24-12. Definitions. Sec. 24-13. Exclusions. Secs. 24-14—24-21. Reserved. Division 2. Licensing Sec. 24-22. License required. Sec. 24-23. Application form and contents. Sec. 24-24. Application review. Sec. 24-25. Service of process. Sec. 24-26. License limitations. Sec. 24-27. License fees. Sec. 24-28. Extended license for traveling peddler. Sec. 24-29. Extended license for farmers market. Sec. 24-30. Seating for farmers market. Secs. 24-31—24-50. Reserved. Division 3. Regulations Sec. 24-51. Revocation. Sec. 24-52. Traffic interference. Sec. 24-53. Parking interference. Sec. 24-54. Noise. Sec. 24-55. Offensive practices. Sec. 24-56. Signs. Sec. 24-57. Compliance with city zoning regulations. Secs. 24-58—24-77. Reserved. Division 4. Enforcement Sec. 24-78. Violations. Sec. 24-79. Waiver fee. CD24:1 DR A F T Sec. 24-80. Other relief. Sec. 24-81. City fees for peddlers. SOUTH BURLINGTON CITY CODE CD24:2 DR A F T ARTICLE I. IN GENERAL Secs. 24-1—24-10. Reserved. ARTICLE II. PEDDLERS* DIVISION 1. GENERALLY Sec. 24-11. Purpose and authority. (a) The ordinance from which this article is derived is adopted by the city council under authority conferred by 24 V.S.A. § 2291(9) and sections 13-103 and 13-104 of the Charter. (b) It is the purpose of this article to regulate the activities of peddling within the city for the protection of the public health, safety, welfare, and convenience, to maintain safe and efficient pedestrian and automotive traffic movement, and to protect the residents of the city from unscrupulous, fraudulent and immoral business practices. (c) The ordinance from which this article is derived shall constitute a civil ordinance within the meaning of 24 V.S.A. ch. 59. (Ord. of 5-1-2017(2), § 1) Sec. 24-12. Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Door to door means going by foot from one building to another building for the purpose of selling goods or services. *Editor’s note—Printed herein is the ordinance regulating peddlers adopted July 18, 1983, and as amended April 1, 1991; October 4, 2005; May 3, 2010; and May 16, 2011. Subsequent amendments are indicated in the history note immediately following the amended section. State law reference—Authority to license and regulate itinerant vendors, peddlers, door-to-door salesmen, and those selling goods, wares, merchandise, or services, who engage in a transient or temporary business, or who sell from an automobile, truck, wagon, or other conveyance, excepting persons selling fruits, vegetables, or other farm produce, 24 V.S.A. § 2291(8). § 24-12SALES CD24:3 DR A F T Farmers market means an outdoor market open to the public, operated by one or more sponsors. All agricultural products, including food, fiber, plants, or flowers, shall be grown in the state. All prepared foods shall be prepared in the state by the vendor. All craft products shall be hand crafted in the state by the vendor. Fixed peddling means having one location for the duration of the peddler's license. Peddler means a person who travels by foot or utilizes a wagon, motorized vehicle, pushcart, or similar type of conveyance, along the streets, sidewalk, and other public places within the city, or who, on a temporary basis, hires, leases, or occupies a building (or portion thereof), structure, or land within the city, and thereon or therefrom offers, displays, or exposes for sale goods, wares, merchandise, food (including fresh farm produce), or similar products, or who thereon or therefrom offers to purchase goods, wares, merchandise, food, or similar products. The term "peddler" does not include a delivery type of service (e.g., UPS, FedEx, food deliveries). Sponsor means any individual or organization with which a peddler is economically affiliated, in relation to peddling, in an employer-employee, master-servant, independent contractor, agency, joint venture, or similar arrangement. The term "sponsor" includes a farmers market operator or manager. Temporary means a continuous period of use or occupancy of less than 90 days. Traveling means moving along the city streets with a motor vehicle for the purpose of selling goods (e.g., ice cream, vegetables) which does not include door-to-door sales. (Ord. of 5-1-2017(2), § 2) Sec. 24-13. Exclusions. This article shall not be construed as impairing the rights conferred by 24 V.S.A. § 2181. The license fee requirement imposed by section 24-23 shall not apply to an individual or organization that is a tax-exempt, nonprofit organization under section 501(c)(3) of the U.S. Internal Revenue Code. (Ord. of 5-1-2017(2), § 3) State law reference—Owners and renters of land have the right to vend or sell all products of such land at wholesale or retail, in person or by agent, without obtaining licenses, 24 V.S.A. § 2181. § 24-12 SOUTH BURLINGTON CITY CODE CD24:4 DR A F T Secs. 24-14—24-21. Reserved. DIVISION 2. LICENSING Sec. 24-22. License required. It shall be unlawful for any resident or nonresident to operate a farmers market or engage in peddling activities within the city without first obtaining a license therefor pursuant to this division. (Ord. of 5-1-2017(2), § 4(A)) Sec. 24-23. Application form and contents. Peddlers and farmers market sponsors shall file an application with the city manager on a form provided by the manager, which application shall include a license fee and shall provide the following information: (1) Applicant's name, home and business addresses, and telephone number. Names of licensed employees (no more than two). (2) Name, address, and telephone number of applicant's employer or sponsor of applicant's peddling activities. (3) A description of the goods to be peddled, the manner and locale to be used in offering goods for sale, and in the case of fresh produce, whether such items are the produce of lands owned or rented by the applicant or his sponsor. (4) If a motorized vehicle or trailer is to be used, a description of same together with license number, registration number, or other identifica- tion. (5) A photograph of the applicant and any employees taken within 60 days of the date application is filed, which picture shall be two inches by two inches clearly depicting the applicant's head and shoulders. (6) A statement of whether the applicant has been convicted of any crime or municipal ordinance violation, including a description of the offense, and the penalty assessed therefor. (7) Identification of any liability insurance policies, with a statement of policy limits, available to cover any injury or damage resulting from the applicant's activities in the city. § 24-23SALES CD24:5 DR A F T (8) Signature of property owners where a peddler operating in a fixed location or a farmers market is to be located. (Ord. of 5-1-2017(2), § 4(B)) Sec. 24-24. Application review. (a) The city manager shall preliminarily review each application for accuracy, completeness, and compliance with the terms of this article. (b) The police department shall conduct a background check, including a history of criminal convictions, for all applicants seeking a license for door-to-door sales. Information received from the background check shall be considered by the city manager in determining whether a license shall be issued. The city manager shall either issue or deny a license within 14 days of his receipt thereof. Said time period may be extended by the city manager upon written notice to the applicant if unusual circumstances so require. (c) Denial of a license shall be accompanied by a written statement of grounds for such denial. (d) The applicant may appeal the denial of a license to the city council within seven days of the city manager's decision. (Ord. of 5-1-2017(2), § 4(C)) Sec. 24-25. Service of process. Prior to the issuance of a license pursuant to this article, the applicant shall file with the city clerk an instrument nominating and appointing the city clerk his true and lawful agent with full power and authority to accept service of notice or process for and on behalf said applicant in respect to any matters connected with or arising out of the business transacted under said license. The instrument filed with the city clerk shall also contain recitals to the effect that the applicant for said license consents and agrees that service of any notice or process may be made upon the city clerk, and when so made, shall be taken and held to be valid as if personally served upon the person or persons applying for the said license under this article, according to the law of this or any other state, and waiving all claim or right of error by reason of such acknowledgement of service or manner of service. Immediately upon service of process upon the city clerk, as hereinabove provided, the city clerk shall send to the licensee at his last known address, by registered mail, a copy of said process. (Ord. of 5-1-2017(2), § 4(D)) § 24-23 SOUTH BURLINGTON CITY CODE CD24:6 DR A F T Sec. 24-26. License limitations. (a) Each license shall be effective for a one-month period and may be renewed for two additional periods of one month each, during a calendar year. (b) Each license shall authorize the conduct of peddling activities throughout the geographic limits of the city. (c) No license issued pursuant to this article shall be displayed or used by any individual other than the person to whom it is issued or employees specifically designated on said license. (d) The licensee shall display his license at all times when conducting peddling activities. (e) A license may be used by up to two employees of the applicant if said employees are listed on the applications and noted on the face of the license. (Ord. of 5-1-2017(2), § 4(E)) Sec. 24-27. License fees. The city council shall be authorized to set the license fee required by section 24-23 by resolution as the city council, from time to time, deems appropriate. (Ord. of 5-1-2017(2), § 4(F)) Sec. 24-28. Extended license for traveling peddler. (a) Notwithstanding section 24-26, a license for a peddler that sells goods from a motor vehicle while traveling the city streets and has no door-to-door sales may be effective for up to one year from the date of issuance. (b) The motor vehicle under this license can only stand for short periods of time for the purpose of delivering the goods sold. (Ord. of 5-1-2017(2), § 4(G)) Sec. 24-29. Extended license for farmers market. (a) Notwithstanding section 24-26, a license for a sponsor operating a farmers market may be effective for up to five months from the date of issuance. § 24-29SALES CD24:7 DR A F T (b) No farmers market shall operate more frequently than one time per week. (Ord. of 5-1-2017(2), § 4(H)) Sec. 24-30. Seating for farmers market. A farmers market shall be permitted to include temporary seating for up to 16 individuals on the premises. Such seating shall be both installed and removed on the day of the farmers market unless approved as permanent seating under the city's land development regulations. (Ord. of 5-1-2017(2), § 4(I)) Secs. 24-31—24-50. Reserved. DIVISION 3. REGULATIONS Sec. 24-51. Revocation. Breach of any provision of this article shall be cause for license revocation and any other remedy set forth in division 4 of this article. (Ord. of 5-1-2017(2), § 5(A)) Sec. 24-52. Traffic interference. (a) Peddling activities shall not be conducted in such a manner as to obstruct or interfere with motor vehicle traffic on the traveled portion of any city road, nor shall a peddler conduct activity in a locale which is not clearly visible to oncoming traffic. (b) Peddling activities shall not interfere with pedestrian movement, block sidewalks, or obstruct crosswalks. No peddler shall operate in a manner which obstructs official traffic signs. (c) No peddling is permitted on the traveled portion of the following roads: Williston Road, Dorset Street, Kennedy Drive, and Shelburne Road. (Ord. of 5-1-2017(2), § 5(B)) Sec. 24-53. Parking interference. Peddling activities shall not be conducted in such a manner as to require or have the effect of requiring patrons to park on off-site, privately owned land without written consent from said property owners. (Ord. of 5-1-2017(2), § 5(C)) § 24-29 SOUTH BURLINGTON CITY CODE CD24:8 DR A F T Sec. 24-54. Noise. No peddler shall shout, cry out, or use any sound-making device (including horns, bells, loudspeakers, and sound amplifying systems) from the city's streets, sidewalks, or other public property in a manner which disturbs the peace or constitutes a public nuisance. (Ord. of 5-1-2017(2), § 5(D)) Sec. 24-55. Offensive practices. No peddler shall physically accost, restrain or otherwise interfere with the free movement of any individual during the course of peddling activities, nor shall any peddler engage in misleading, fraudulent or offensive business practices. (Ord. of 5-1-2017(2), § 5(E)) Sec. 24-56. Signs. (a) Peddlers shall be limited to the use of only one sign promoting his activities, which sign cannot be in excess of ten square feet in surface display area nor stand more than four feet above the ground level. (b) For the purpose of this article, banners, pennants, flags and other similar items shall be considered signs. (c) No sign shall be affixed to public or private property without obtaining prior approval therefor from the owner of said property. (d) No sign shall be placed in such a manner as to obstruct or interfere with traffic. (e) The use of signs with moving parts or illuminated signs that create the appearance of movement are prohibited. (f) The use of string lighting is prohibited without the prior written approval of the city manager. (g) In the case of a farmers market, the sign shall not exceed 32 square feet in surface display area, shall not stand more than eight feet, six inches above ground level, shall be erected no more than two full days prior to the public operation of the farmers market and shall be removed at the close of the farmers market on each day it is in operation. (Ord. of 5-1-2017(2), § 5(F)) § 24-56SALES CD24:9 DR A F T Sec. 24-57. Compliance with city zoning regulations. The city manager shall not issue a peddler's license for any peddling activity within the public streets unless such activity has obtained approval as a temporary use under the city's land development regulations. (Ord. of 5-1-2017(2), § 5(G)) Secs. 24-58—24-77. Reserved. DIVISION 4. ENFORCEMENT Sec. 24-78. Violations. (a) Any person who violates a provision of this article or who violates any condition of a license issued hereunder shall be subject to a violation which shall be punishable as a civil violation pursuant to section 1-14. (b) The city code officer shall be authorized to act as the issuing municipal official to issue and pursue before the judicial bureau a municipal complaint. Each day the violation continues shall constitute a separate violation. A municipal complaint may, at the discretion of the issuing municipal official, be dismissed upon the successful completion of a restorative justice program through the city community justice center. (Ord. of 5-1-2017(2), § 6) Sec. 24-79. Waiver fee. An issuing municipal official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amount, for any person who declines to contest a municipal complaint and pays the waiver fee: Waiver Fees - Peddlers First offense $100.00 Second offense $250.00 Third offense $400.00 Fourth offense $550.00 Fifth and subsequent offenses $700.00 (Ord. of 5-1-2017(2), § 7) § 24-57 SOUTH BURLINGTON CITY CODE CD24:10 DR A F T Sec. 24-80. Other relief. (a) 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. (b) A peddler's license may be revoked by the city manager without reimbursement of any fee for: (1) Misrepresentation on an application; (2) Violation of the provisions of this article or other city ordinances; or (3) Where there is a risk to public health or safety. (c) Any revocation pursuant to this section may be appealed to the city council by filing a notice thereof with the clerk of the council within ten business days of such revocation. (Ord. of 5-1-2017(2), § 8) Sec. 24-81. City fees for peddlers. Fees must accompany the filing of an application, as follows. Fees will be refunded if the application is denied. (1) Peddler using a cart or stand: $5.00 per month or $50.00 per year. (2) Peddler using a vehicle: $25.00 for three months or $75.00 per year. (3) Peddler's helper or employee: $5.00 for three months, per person. (4) Peddler operating from a structure: $5.00 per month or $50.00 per year. Editor’s note—Printed in this section is the attachment to the ordinance regulating peddlers, adopted July 18, 1983, and as amended April 1, 1991; October 4, 2005; May 3, 2010; and May 16, 2011. § 24-81SALES CD24:11 DR A F T DR A F T Chapter 25 RESERVED CD25:1 DR A F T DR A F T Chapter 26 SIGNS* Article I. In General Sec. 26-1. Short title. Sec. 26-2. Purpose and authority. Sec. 26-3. Definitions. Sec. 26-4. Unsafe and unlawful signs. Sec. 26-5. Removal of certain signs. Sec. 26-6. Conformity with state law. Sec. 26-7. Enforcement and penalties. Sec. 26-8. Repeal of zoning provisions. Sec. 26-9. Dorset Street/City Center Sign District boundaries and map. Secs. 26-10—26-34. Reserved. Article II. Administration Division 1. Generally Secs. 26-35—26-56. Reserved. Division 2. Permit Sec. 26-57. Required. Sec. 26-58. Fees. Sec. 26-59. Application for sign permit. Sec. 26-60. Revocation of permits. Sec. 26-61. Renewal of permits. Secs. 26-62—26-80. Reserved. Division 3. Master Signage Permit Sec. 26-81. Required. Sec. 26-82. Application required. *Editor’s note—Printed herein are the sign regulations originally adopted on June 3, 2002, and subsequently amended on April 8, 2003; March 8, 2005; November 22, 2005; June 21, 2006; May 6, 2008; June 1, 2009; and July 20, 2009. Amendments adopted after July 20, 2009, appear in the history note immediately following the section amended. Charter reference—Authority to adopt ordinance regarding signs, § 13-104(2). State law references—Authority to adopt sign regulations, 24 V.S.A. § 2291(4), (7); site plan regarding signs, 24 V.S.A. § 4416; unauthorized signs resembling traffic signs prohibited, 23 V.S.A. § 1027. CD26:1 DR A F T Sec. 26-83. Application contents. Sec. 26-84. Design. Sec. 26-85. Other provisions of master signage permits. Sec. 26-86. Review and approvals. Sec. 26-87. Amendment. Sec. 26-88. Existing nonconforming signs on properties subject to master signage permits. Sec. 26-89. Binding effect. Secs. 26-90—26-106. Reserved. Division 4. Exemptions Sec. 26-107. Business directional signs and sign plazas exempt. Sec. 26-108. Signs exempt from regulations. Secs. 26-109—26-129. Reserved. Division 5. Nonconforming Signs Sec. 26-130. Removal, replacement, or alteration. Sec. 26-131. Conforming signs to become nonconforming signs; defined. Sec. 26-132. Compliance required within five years. Secs. 26-133—26-162. Reserved. Division 6. Appeals Sec. 26-163. Hearing or order process to appeal action of DRC. Secs. 26-164—26-194. Reserved. Article III. Regulations by Sign Type Division 1. Generally Secs. 26-195—26-211. Reserved. Division 2. Freestanding Signs Sec. 26-212. General compliance to division. Sec. 26-213. Maintenance required by owner. Sec. 26-214. Number of signs per lot. Sec. 26-215. Community garden lots. Sec. 26-216. Sign location. Sec. 26-217. Area of a freestanding sign. Sec. 26-218. Freestanding sign support structures. Sec. 26-219. Additional standards. Sec. 26-220. Dorset Street/City Center Sign District. SOUTH BURLINGTON CITY CODE CD26:2 DR A F T Sec. 26-221. Additional freestanding signs for permitted drive-through establishments. Sec. 26-222. Multi-tenant buildings and multi-building complexes in the R7-NC zoning district. Secs. 26-223—26-252. Reserved. Division 3. Wall Signs Sec. 26-253. General compliance to division. Sec. 26-254. Number of wall signs. Sec. 26-255. Area of wall signs. Sec. 26-256. Wall signs not to project above building without permit in Dorset Street/City Center Sign District. Sec. 26-257. Wall signs covering wall opening and projecting over top of wall unlawful. Sec. 26-258. Multi-tenant buildings and multi-building properties. Sec. 26-259. Areas of walls using paint, lighting, etc., deemed to be part of wall sign. Sec. 26-260. Wall sign not to project from wall excess of nine inches; raceway signs. Sec. 26-261. Lots containing two structures containing unrelated uses. Sec. 26-262. Table of area of wall signs. Sec. 26-263. Calculation of a storefront area. Secs. 26-264—26-289. Reserved. Division 4. Perpendicular Signs Sec. 26-290. General compliance to division. Sec. 26-291. Building-mounted sign. Sec. 26-292. Installation. Sec. 26-293. Sign not to extend above top of building. Sec. 26-294. Sign not to extend outside edge of wall; size and area. Sec. 26-295. Sign must be structurally correct and safe. Sec. 26-296. Approval. Secs. 26-297—26-325. Reserved. Division 5. Landscape Features Sec. 26-326. General compliance. Sec. 26-327. Approval required. Sec. 26-328. Location requirements. Sec. 26-329. Sign to be permanently attached or set into approved feature. Sec. 26-330. Sign not to project above feature. Sec. 26-331. Area of cut-out letters, logos, inset signs. Sec. 26-332. Size maximum. Sec. 26-333. Border area. Sec. 26-334. Maintenance panels. Sec. 26-335. Backlighted letters, cut-out logos, shielded exterior permitted. Secs. 26-336—26-358. Reserved. SIGNS CD26:3 DR A F T Division 6. Miscellaneous Types of Signs Sec. 26-359. Roof signs. Sec. 26-360. Banners and pennants. Sec. 26-361. Projecting signs. Sec. 26-362. Billboard signs. Sec. 26-363. Animated signs; action signs. Sec. 26-364. Limited access facility. Sec. 26-365. Temporary and paper signs. Sec. 26-366. Window signs. Sec. 26-367. Raceway signs. Secs. 26-368—26-392. Reserved. Article IV. Regulations by Use Division 1. Generally Secs. 26-393—26-412. Reserved. Division 2. Directory and Entryway Signs Sec. 26-413. Permitted; additional sign. Sec. 26-414. One entryway sign next to each public entrance. Sec. 26-415. Multi-tenant buildings or multi-building structures. Sec. 26-416. Signs attached to walls. Sec. 26-417. Directory attached to freestanding signs. Secs. 26-418—26-447. Reserved. Division 3. Incidental and Directional Signs Sec. 26-448. Incidental signs. Sec. 26-449. Directional signs. Secs. 26-450—26-466. Reserved. Division 4. Airport Signage Sec. 26-467. Airfield and Air National Guard signage. Sec. 26-468. Other necessary signage. Sec. 26-469. Signs on airport property within 20 feet of road rights-of-way. Secs. 26-470—26-491. Reserved. Division 5. Real Estate and Construction Project Signs Sec. 26-492. Real estate signs. Sec. 26-493. Construction project signs. Sec. 26-494. Display of construction project and real estate signs on the same lot. SOUTH BURLINGTON CITY CODE CD26:4 DR A F T Secs. 26-495—26-511. Reserved. Division 6. Establishments Selling Gasoline Sec. 26-512. Wall signs. Sec. 26-513. Structural canopies. Sec. 26-514. Signs necessary to operations. Sec. 26-515. Freestanding signs. Sec. 26-516. Total square footage. Sec. 26-517. Outdoor display of products for sale prohibited; exceptions. Sec. 26-518. Signs outside principal building. Secs. 26-519—26-531. Reserved. Article V. Regulations by District Division 1. Generally Secs. 26-532—26-544. Reserved. Division 2. Dorset Street/City Center Sign District Sec. 26-545. Purpose. Sec. 26-546. Standards for design review. Sec. 26-547. Directory signs. Sec. 26-548. Entry signs. Sec. 26-549. Establishments selling gasoline. Secs. 26-550—26-576. Reserved. Article VI. Regulations by Zoning Classification Division 1. Generally Secs. 26-577—26-600. Reserved. Division 2. Residential Areas Sec. 26-601. Nonresidential uses in residential zoning districts. Sec. 26-602. Multi-tenant or multi-building complexes located partially within the R7-NC zoning district. Sec. 26-603. Educational facilities in the Residential 4 and SEQ zoning districts. Sec. 26-604. Home occupations. Sec. 26-605. Bed and breakfast establishments. Sec. 26-606. Signs identifying residential complexes. Sec. 26-607. Signs identifying dental or medical clinics. Secs. 26-608—26-632. Reserved. SIGNS CD26:5 DR A F T Article VII. Temporary Signs Sec. 26-633. General compliance to article. Sec. 26-634. Reader boards, etc., permitted. Sec. 26-635. A-frame, sandwich board signs; maximum area. Sec. 26-636. Maximum of 14 days in two-month period. Sec. 26-637. Maximum of five days in month. Sec. 26-638. Applicant not to change permit for duration of permit. Sec. 26-639. Establishments located on parcels of two acres or more. Sec. 26-640. Nonresidential uses in residential zoning districts. Secs. 26-641—26-668. Reserved. Article VIII. Other Requirements Division 1. Generally Secs. 26-669—26-694. Reserved. Division 2. General Sign Requirements Sec. 26-695. Applicability to article. Sec. 26-696. No signs within public road rights-of-way. Sec. 26-697. Maintenance. Sec. 26-698. Wind pressure and dead load requirements. Sec. 26-699. Obstruction to doors, windows or fire escapes. Sec. 26-700. Signs not to constitute traffic hazards. Sec. 26-701. Projecting images. Sec. 26-702. Design standards for all signs. Sec. 26-703. Visibility from limited access facility prohibited. Sec. 26-704. Pornographic or lewd signs prohibited. Sec. 26-705. Attachment to handrail or fence prohibited. Sec. 26-706. Attachment to water supply tanks prohibited. Sec. 26-707. Attachment to utility cabinets prohibited. Sec. 26-708. Off-premises signage not permitted. Sec. 26-709. Use of parked motor vehicles to display signs prohibited. Secs. 26-710—26-731. Reserved. Division 3. Lighting Sec. 26-732. General compliance to use and placement of fixtures. Sec. 26-733. Luminescent elements to be shielded from direct view. Sec. 26-734. Illumination at night. Sec. 26-735. String lighting. Sec. 26-736. Dorset Street/City Center Sign District internally illuminated signs. Sec. 26-737. Illumination of flags. SOUTH BURLINGTON CITY CODE CD26:6 DR A F T Sec. 26-738. Integrated neon, LED, fiber optic lighting; exposed neon lighting. Sec. 26-739. Fixtures not to include bare bulbs; exception. SIGNS CD26:7 DR A F T DR A F T ARTICLE I. IN GENERAL Sec. 26-1. Short title. This chapter shall hereafter be known and cited as the "South Burlington Sign Ordinance." (Ord. of 5-3-2010, § 1) Sec. 26-2. Purpose and authority. (a) The purpose of this chapter is to promote the public welfare and safety by regulating existing and proposed signs. It is intended hereby to reduce sign distractions and obstructions that may contribute to traffic accidents, to reduce hazards that may be caused by signs in disrepair or of faulty construction, and to curb deterioration of natural beauty, open space and community environment. (b) It is intended that in commercial areas now in existence and in proposed commercial and industrial areas, all signs within one complex be coordinated with the architecture and surroundings in such a manner that the overall appearance is harmonious in color, form and proportion. (c) It is further intended that the display of signs will be appropriate to the land, building or use to which they are appurtenant and be adequate, but not excessive, for the intended purpose of identification. (d) The ordinance from which this chapter is derived is enacted by the city council under the authority it is granted to regulate signs set forth in 24 V.S.A. § 2291 and section 13-104 of the Charter. (e) The ordinance from which this chapter is derived shall constitute a civil ordinance within the meaning of 24 V.S.A. ch. 59. (Ord. of 5-3-2010, § 2) Sec. 26-3. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: A-frame or sandwich board sign means a moveable sign not secured or attached to the ground or surface upon which it is located, but supported by its own frame and most often forming the cross-sectional shape of an A. The terms "A-frame" and "sandwich board" shall be interchangeable terms. § 26-3SIGNS CD26:9 DR A F T Action sign means the intentional movement of a sign body or any segment thereof, such as, rotating, revolving, moving up or down or any other type of action involving a change of position of the sign body or segment thereof, whether caused by mechanical or any other means. Animated sign means any lighted sign on an intermittent or flashing circuit or the movement of any light used in connection with any sign, such as, but not limited to, blinking, traveling, flaring or changing degree of intensity. Area of sign means: (1) For cut-out letters, the basis for the area of the sign shall be computed by taking one-half the area enclosed within the smallest regular geometric figures needed to completely encompass all letters, includ- ing vertical and horizontal spacings between letters (see Illustration 26-3-1). In no case shall the basis for the area of the sign exceed 100 square feet. (2) For signs other than cut-out letters, the area of the sign shall exclude the supporting structure and shall be computed by taking the total area within the outer edge of the sign. Illustration 26-3-1 Area of Wall of Sign With Cut-Out Letters § 26-3 SOUTH BURLINGTON CITY CODE CD26:10 DR A F T (3) For signs having two parallel and attached faces shall be considered as one sign, and the area shall be computed for one side only. In the case of an A-frame or sandwich board sign, the area shall be calculated for one side of the A-frame or sandwich board only. (4) For signs having more than two sides, the relevant sign area shall be the sum of all areas on which information and/or graphics are displayed. Awning, canopy or marquee sign means logos and lettering on awnings, canopies or marquees, and graphics associated with such logos and lettering. Such signs shall be considered wall signs, incidental signs or directional signs for purposes of this chapter, based on the information conveyed, and shall be counted towards the maximum number and area of signs permitted for a building or property in accordance with the standards for the applicable type of sign. The area of the signs shall be calculated using the provisions for cut-out letters in subsection (2) of the definition of the term "area of sign." Backlighted letter means an illuminated reverse channel letter with an open or translucent back so that light from the letter is directed against the surface behind the letter, producing a halo lighting effect around the letter. Banners and pennants mean any advertising device affixed to poles, wires or ropes, such as banners, pennants, streamers, wind operated propellers, string lighting or other similar advertising media, but not to include properly displayed governmental flags. Billboard sign means any structure attached or detached from any building and bearing a sign which is not appurtenant to any business conducted on the property where the sign is located. Code officer means the individual in city government designed by the city council to administer and enforce this chapter. The code officer may delegate his authority hereunder to such assistants as may be authorized by the city council. Construction or project signs means any sign or advertising device erected on a project site prior to or during a new construction project, substantial renovation project or exterior painting project. Cut-outs or cut-out letters means letters, numbers, emblems and symbols which are detached or separately molded from the material from which they were made. § 26-3SIGNS CD26:11 DR A F T Depth means the longest horizontal dimension of a sign and/or support structure, measured parallel to the ground and perpendicular to the face of the sign. In the case of signs with multiple faces, the sign depth shall be the longest of the horizontal dimensions measured for each sign face. Directional sign means a sign designed to direct and inform the public as to the location of exits, entrances, service areas, loading and unloading areas, and designated parking spaces or areas, or similar wording of an informational nature. Directory sign means a sign that identifies the names and locations of tenants in a multi-tenant building or in a development made up of a group of buildings, and may include identification of incidental services or facilities in the same building or development. Erect means to building, construct, attach, hang, place, suspend or affix, and shall also include the painting of wall signs. Fluorescent colors means colors that reflect not only their own color, but also convert the shorter wave lengths into radiant energy causing them to appear three to four times as bright as ordinary color. These colors do not reflect light toward its source in the intense manner that reflectorized materials do, but rather in an amount similar to a white painted surface. Freestanding sign means a sign detached from any building. Vending machines located outside of a building with images of products for sale that are clearly visible from the public right-of-way shall be considered freestand- ing signs and shall be subject to all provisions of this chapter. Gross façade area means the gross surface area of all exterior walls of a building exposed to public view. Incidental sign means a sign, generally informational, that has a purpose secondary to the lot on which it is located, such as "no parking," "loading only," "telephone," or other similar directives. Additional signs that may be considered incidental include, but are not limited to, "ice," "bottle return," "vacancy/no vacancy," or "service." Traffic warning signs such as "stop" or "right turn only" shall not be considered incidental. Interpretive signage means a sign providing information that interprets a natural, historical or cultural resource, event or site. Such signs shall be located only on sites directly related to the information contained in the sign. § 26-3 SOUTH BURLINGTON CITY CODE CD26:12 DR A F T Landscape feature sign means a freestanding solid wall or solid earthen berm, made of soil or other natural materials as defined in this chapter, and not attached to any building, that has been approved by the city development review board or administrative officer in accordance with the provisions of the city's land development regulations, as amended. Fences shall not be considered landscape features for purposes of this chapter, irrespective of the material of which the fence is made. Logo means a design that represents goods, identity or service. Lot. (1) The term "lot" means a parcel of land owned by a lot owner, the boundaries of which are: a. Established by a deed recorded in the land records of the city, and the records of any public road right-of-way; or b. Shown on a plat approved by the city planning commission or development review board pursuant to subdivision regulations, provided such approval has not expired. (2) When a lot owner owns a lot which fails to meet minimum lot size requirements under the city's land development regulations and such lot is contiguous to another lot owned by the same lot owner, such contiguous lots shall constitute a single lot, except that: a. Contiguous lots which, as of June 7, 1947, were devoted to separate and unrelated uses shall constitute separate lots so long as such lots continue to be devoted to separate and unrelated uses; b. Contiguous lots which are devoted to uses approved as separate uses under the city's land development regulations shall constitute separate lots, provided such uses are conducted in compliance with the terms and conditions of the approvals granted; or c. Contiguous lots which are shown on a plat approved by the city planning commission or development review board pursuant to subdivision regulations shall constitute separate lots, provided such approval has not expired. Lot owner means the record owner of fee title to a lot. Luminescent means any light, produced by the action of electricity in an enclosed gas, such as neon, argon or fluorine. § 26-3SIGNS CD26:13 DR A F T Luminous material means a material that stores light and glows in the dark. The glow can be described as a weak soft light. Marquees, canopies or awnings means building-mounted fabric and frame constructions or freestanding fabric (or other similar material) and frame that is attached to a building and used for seasonal and/or advertising purposes that do or do not contain graphics or sign information for a particular establishment. Mural means a purely decorative treatment on the exterior wall of a building that does not have the overt intent or effect of advertising a product or service for sale or an agency, organization or business. Name plate sign means any sign not more than one square foot in area used to identify the owner of a private residence. Natural materials means indigenous materials, such as plants, shrubs, trees, or wood, that is stained or painted a neutral brown or grey color, unpainted stone, decorative textured masonry or concrete, and unpainted brick. For purposes of this chapter, the term "natural materials" shall not include glass or smooth (un-textured) poured concrete. Off-premises signage means any sign that is not displayed on the same premises where the goods, entity or services advertised are located. Parapet wall means a low wall along the edge of a roof, and being a portion of the wall which extends above the line of the roof, with the exterior to the extension forming a continuous plane with the wall below. Plate line means the point at which any part of the roof structure first touches, or bears upon, an external wall. Point-of-purchase sign means the signage that advertises a product at its point of sale, or point of purchase location. Principal public façade of a building, for purposes of calculating maximum total wall sign area, means the main building façade facing a public street or another façade that functions as a principal façade with an actively used public entryway, subject to the approval and discretion of the code officer. There shall be no more than one principal public façade per building. Projecting sign or perpendicular sign means any sign attached to a building or other structure and extending in whole or in part more than nine inches beyond the building line, or more than 15 inches in the case of raceway signs. § 26-3 SOUTH BURLINGTON CITY CODE CD26:14 DR A F T Raceway sign means a sign comprised of channel or other cut-out figures or letters mounted to an electrical enclosure, with the enclosure being smaller than the height of the attached letters. Reader board means a sign to which letters are not permanently secured or affixed and/or which is wheeled or otherwise readily moveable. The term "reader board" shall not include A-frame or sandwich board signs. Reflectorized means any material that reflects light back toward its source in an intensity many times greater than would be reflected by a white painted surface. Reflectorized materials may include, but are not limited to, reflective sheeting, glass beads and glass or plastic reflectors. Residential district means and includes the following zoning districts as defined in the city's land development regulations as presently in force or hereafter adopted and amended from time to time: Residential 1, Residential 2, Residential 4, Residential 7, Queen City Park, Lakeshore Neighborhood, and Southeast Quadrant. Roof sign means any sign erected in any way upon a building or structure which extends above the roofline of the building or structure. Sign means and includes every sign, billboard, bulletin board, freestanding sign, wall sign, window sign, roof sign, illuminated sign and projecting sign, and shall include any letter, word, number, model, mural decoration, banner, flag, pennant, clock, thermometer, insignia, light or combination of lights, used or placed as an announcement or declaration to identify, advertise or promote the interest of any person when the same is placed in view of the general public from outside the structure on which the sign is placed. When the words "maintain a sign" or words of similar effect are used herein, the same refers to allowing the sign to continue in existence and shall not be taken to refer to keeping the sign in good order. Temporary sign means any sign for a limited period of time for advertising or informational purposes supplementary to or in place of existing permanent signs. Traveled way means the paved or otherwise surfaced area of a public street or road intended for use by vehicular traffic, including aprons, shoulders, and curbing, but not including a sidewalk or recreation path. Wall means the surface area of any major plan unit of any side or face of a building. § 26-3SIGNS CD26:15 DR A F T Wall sign means a sign attached to, painted on, and/or erected against the wall of a building or structure with the exposed face of the sign in a plane parallel or roughly parallel to the face of said wall (including any interior wall) whether attached to windows or otherwise, which is placed in view of the general public from outside the building or structure. Wayfinding means signs with maps or other graphics used to convey location and directions to travelers, and not used for any advertising purpose. Window means the total area of transparent panes within a single supporting sash structure, excluding muntins. Panes divided by muntins shall not be considered individual windows; the total area of all panes and muntins within a single supporting sash structure shall constitute the total area of the window. Transparent panes inside a door frame shall be considered windows for purposes of this chapter, subject to the judgment and discretion of the code officer. Window sign means a sign attached to, painted on, or erected against the interior or exterior of a window with the exposed face of the sign in a plane parallel or roughly parallel to the face of said window. (Ord. of 5-3-2010, § 3) Sec. 26-4. Unsafe and unlawful signs. (a) If the code officer shall find that any sign is unsafe or insecure, or is a menace to the public, or has been constructed, erected or is being maintained in violation of the provisions of this chapter, he shall immediately give written notice to the owner thereof and shall have said written notice served by certified mail with return receipt requested. (b) If the owner failed to remove or alter the structure, so as to comply with the standards herein set forth, at the discretion of the code officer after receipt of such notices, said sign or structure may be removed by the code officer at the expense of the owner of the sign and owner of the property upon which it is located, such expense of removal to be the joint and several liability of all such owners. (c) The code officer may cause any sign which is an immediate peril to person or property, to be removed summarily and without notice. (Ord. of 5-3-2010, § 25) § 26-3 SOUTH BURLINGTON CITY CODE CD26:16 DR A F T Sec. 26-5. Removal of certain signs. Any sign now or hereafter existing which no longer identifies a bona fide use conducted, or a property sold, on the lot on which it is located, or which is not maintained in a safe and appropriate condition, shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon which such sign may be found on the lot on which it is located within ten days after written notification from the code officer, and, upon failure to comply with such notice within the time specified in such order, the code officer is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the building, structure or lot to which such sign is attached or is located. (Ord. of 5-3-2010, § 26) Sec. 26-6. Conformity with state law. Anything herein to the contrary notwithstanding, this chapter shall in no way be construed to permit the erection or maintenance of any sign contrary to the laws of the state, now in existence or hereafter enacted. (Ord. of 5-3-2010, § 31) Sec. 26-7. Enforcement and penalties. (a) Enforcement. Any person who violates a provision of this chapter shall be subject to a civil penalty of up to $500.00 per day for each day that such violation continues. The administrative officer or assistant administrative officer of the city shall be authorized to act as issuing municipal officials to issue and pursue before the judicial bureau a municipal complaint. The administrative officer or assistant administrative officer shall issue a written warning for a violation of this chapter before issuing a municipal complaint for a first offense of this chapter in any calendar year. (b) Civil penalties. An issuing municipal official is authorized to recover civil penalties in the following amounts for each violation: Civil Penalties - Violations of Sign Regulations First offense $50.00 Second offense $100.00 Third offense $150.00 Fourth offense $200.00 Fifth offense $250.00 § 26-7SIGNS CD26:17 DR A F T Civil Penalties - Violations of Sign Regulations Sixth offense $300.00 Seventh offense $350.00 Eighth offense $400.00 Ninth offense $450.00 Tenth offense $500.00 Offenses shall be counted on a calendar-year basis. (c) Waiver fee. An issuing municipal official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amount, for any person who declines to contest a municipal complaint and pay the waiver fee: Waiver Fees - Violations of Sign Regulations First offense $25.00 Second offense $50.00 Third offense $75.00 Fourth offense $100.00 Fifth offense $125.00 Sixth offense $150.00 Seventh offense $175.00 Eighth offense $200.00 Ninth offense $275.00 Tenth offense $350.00 Offenses shall be counted on a calendar-year basis. (d) Other relief. In addition to the enforcement procedures available before the judicial bureau, the city manager is authorized to commence a civil action to obtain injunctive and other appropriate relief, to request revocation of a license by the city council or to pursue any other remedy authorized by law. (Ord. of 5-3-2010, § 30) State law references—Judicial bureau, 4 V.S.A. § 1102 et seq.; complaint signed by the issuing municipal official for civil ordinance violation, 24 V.S.A. § 1977. Sec. 26-8. Repeal of zoning provisions. Adoption of the ordinance from which this chapter is derived shall be deemed to repeal such portions of the city zoning ordinance adopted June 25, 1973, and any amendments thereto, which are inconsistent with the provi- sions of this chapter. (Ord. of 5-3-2010, § 33) § 26-7 SOUTH BURLINGTON CITY CODE CD26:18 DR A F T Sec. 26-9. Dorset Street/City Center Sign District boundaries and map. The following is a description of the boundaries of the Dorset Street/City Center Sign District: The westerly boundary of the District follows the Interstate Highway right-of-way from Williston Road to Kennedy Drive in the south. Kennedy Drive forms the southern boundary of the District and Williston Road forms the northerly boundary. At Kennedy Drive, the District boundary follows the school department boundary in a northeasterly direction along the streambed and then northerly parallel to Woodcrest Drive and 100 feet back from the roadway R.O.W. The boundary follows the school department boundary in a westerly direction for a total of 1,336 feet. The boundary then heads in a northerly direction, and parallel to Barrett Street for 1,130 feet at which point it turns easterly and follows the Barrett Street alignment and coinciding with the property lines which are between 110 and 120 feet from the Barrett Street R.O.W. and coinciding with the property line delineating lands owned by the City of South Burlington. The District boundary follows this property line as it heads in an irregular fashion to the northwest to its intersection with the property line of lands owned by South Burlington Realty. At this point the line then heads in an easterly direction for 1,245 feet to the Hinesburg Road R.O.W. The District then follows Hinesburg Road northerly for 181 feet at which point the boundary then follows the property for the South Burlington Realty parcel as it abuts the Central School Property. The District boundary then heads north along the Central School Property for 84 feet and west 200 feet to the end of Mary Street. The District boundary then proceeds westerly coinciding with the north property line of the properties located at 2 and 6 Market Street. The District boundary then heads northerly to Williston Road along the eastern property lines of properties located at 8 and 100 Dorset Street and 1055 Williston Road. § 26-9SIGNS CD26:19 DR A F T (Ord. of 5-3-2010, apps. A, B) Secs. 26-10—26-34. Reserved. ARTICLE II. ADMINISTRATION DIVISION 1. GENERALLY Secs. 26-35—26-56. Reserved. Dorset Street/City Center Sign District Map Created: 7/22/1999 § 26-9 SOUTH BURLINGTON CITY CODE CD26:20 DR A F T DIVISION 2. PERMIT Sec. 26-57. Required. (a) It shall be unlawful for any person to erect, alter or relocate within the city any sign, as defined in this chapter, without first obtaining a sign permit from the code officer, in accordance with all the provisions of this chapter. (b) Any sign not expressly permitted by the provisions of this chapter is expressly prohibited. (Ord. of 5-3-2010, § 4) Sec. 26-58. Fees. Every applicant, before being granted a permit hereunder, shall pay to the city treasurer such permit fee in accordance with the schedule of fees adopted by resolution of the city council, and as amended from time to time. (Ord. of 5-3-2010, § 5) Sec. 26-59. Application for sign permit. (a) Except as otherwise provided, all applications for the Dorset Street/ City Center Sign District shall follow the procedure for master signage permits set forth in division 3 of this article. (b) Applications for all other sign permits shall be made upon forms provided by the code officer, and shall have attached thereto the following information and such other information pertaining to the proposed sign as the code officer may reasonably require: (1) Name, address and telephone number of applicant and property owner. (2) Location of building, structure, or lot to which, or upon which, the sign is to be attached. (3) Position of the sign in relation to nearby buildings or structures. (4) Plans (drawn to scale) and specifications, including size and color of the sign and its various parts, the style of letter, material of which sign is to be constructed, and the method of attachment to the buildings or in the ground. (5) A color sketch of the sign and building as they would appear in relation to each other. (6) Statement as to method of illumination and intensity of the sign. § 26-59SIGNS CD26:21 DR A F T (7) If required by the code officer, a copy of stress sheets and calculations showing that the structure is designed for dead load and wind pressure in any direction in the amount required by this chapter and all other laws and ordinances of the city. (8) Name, address and telephone number of person erecting the sign. (9) Written consent of the owner of the building, structure, and land to which or on which the sign is to be erected. (c) Except as provided in subsection (d) of this section, within ten working days after receipt of all of the foregoing information, together with the permit fee specified in section 26-58, the code officer shall review the application for compliance with this chapter and shall render a decision to approve or disapprove the application. In rendering a decision, the code officer shall determine whether the application complies with the requirements of this chapter, is compatible with surrounding architecture and uses, and does not create an adverse effect on the scenic or aesthetic quality of the area. In making his determination, the code officer shall review each application in light of the purposes of this chapter and applicable design standards. When the code officer deems it necessary, an architect may be retained to assist in the review of individual applications, at the applicant's sole cost and expense. (d) If the code officer determines that the application for the sign does not comply with all provisions of this chapter, the code officer shall, within the period noted above, notify the applicant in writing of the decision to disapprove the application, which notice shall include a statement of reasons for disapproval, and shall refund the permit fee in full. Such statement shall include a description of the manner in which the application can be brought into conformance with these regulations. If an application is approved, a permit shall be issued and forwarded to the applicant within the time period noted above. (Ord. of 5-3-2010, § 7) Sec. 26-60. Revocation of permits. The code officer is hereby authorized and empowered to revoke any permit issued by him upon failure of the permittee to comply with any provisions of this chapter. (Ord. of 5-3-2010, § 27) § 26-59 SOUTH BURLINGTON CITY CODE CD26:22 DR A F T Sec. 26-61. Renewal of permits. Upon the expiration of any permits under this chapter, the sign for which the permit was issued shall be removed immediately unless the holder thereof applies for a renewal permit upon payment of the fee set out at section 26-58 hereof and upon the filing of a renewal application on forms furnished by the code officer. Such forms shall include such questions as are reasonably required to enable the code officer to decide whether the renewal permit should be issued. The code officer shall act within the number of days, and in the manner set out at section 26-59; provided, further, that no permit shall be issued to any applicant if the sign or sign owner is not in compliance with the provisions of this chapter, as then amended, except as provided for master signage permits in division 3 of this article. (Ord. of 5-3-2010, § 28) Secs. 26-62—26-80. Reserved. DIVISION 3. MASTER SIGNAGE PERMIT Sec. 26-81. Required. In the Dorset Street/City Center Sign District, no permit shall be issued for an individual sign requiring a permit unless and until a master signage permit for the lot on which the sign will be erected has been approved as conforming with the provisions of this chapter. In the case of a planned unit development (PUD), a master signage permit shall be required for the entire PUD. An owner of a multi-tenant building or multi-building commercial property located anywhere outside the Dorset Street/City Center Sign District, and a sponsor of a project involving interpretive signage or wayfinding, also may apply for a master signage permit as provided herein. (Ord. of 5-3-2010, § 8(b)) Sec. 26-82. Application required. At such time as a new or amended permit is sought after the effective date of the ordinance from which this chapter is derived, all properties in the Dorset Street/City Center Sign District seeking a sign permit, and all multi-tenant buildings or multi-building complexes located wholly or partially within the R7-NC district, shall submit a complete, new application for a master signage permit to the design review committee, irrespective of the § 26-82SIGNS CD26:23 DR A F T status of past approvals. The new permit shall not invalidate the provisions of any existing approval, exemption or agreement with respect to signage; rather, it is instead intended to clarify the approved parameters for signage subject to a master signage permit. Upon approval of a new master signage permit, permittees shall use the review and amendment procedures set forth in this division. (Ord. of 5-3-2010, § 8(a)) Sec. 26-83. Application contents. For any lot on which the owner proposes to erect one or more signs requiring a permit, the owner shall submit an application for a new or amended master signage permit containing the following information: (1) An accurate plot plan of the lot, at such scale as the code officer may reasonably require; (2) Location of buildings, parking lots, driveways and landscaped areas on such lot; (3) Computation of the maximum area, number and height of signs, by sign type (i.e., freestanding, wall, etc.) allowed on the property under this chapter, and computation of the area and height of each sign proposed for the property; (4) The location, size, date of installation, and status of all noncomplying signs on the property, if applicable; (5) The design parameters for the master signage permit, in accordance with section 26-84, including overall parameters and the design and location of any proposed individual signs; (6) The location and specifications of all proposed light fixtures and lighting elements, including cut sheets, if applicable; (7) A proposed general design for any incidental and directional signs on the property, other than those with designs prescribed by law. (Ord. of 5-3-2010, § 8(c)) Sec. 26-84. Design. (a) The initial application for a master signage permit shall establish a consistent set of parameters for the shapes, materials, foreground and background color schemes, typefaces, sizes, installations and sign types to be utilized for a property and shall include color illustrations thereof. § 26-82 SOUTH BURLINGTON CITY CODE CD26:24 DR A F T (b) Applicants are strongly encouraged to specify parameters that will lead over time to creating a strong consistency of shape, foreground and background color scheme, typeface, size, and installation in order to ensure that all signage on a property is in accordance with the goals of the Dorset Street/City Center Sign District. (c) All master signage permit applications shall specify how one or more of these graphic elements will be used to relate all of the signs to each other visually. (d) Applicants may request a review and approval of a range of potential sizes for individual signs, so that an application for an individual sign of approved materials, color and design that is within an approved size range will require only approval of the code officer. (Ord. of 5-3-2010, § 8(d)) Sec. 26-85. Other provisions of master signage permits. (a) The property owner of record shall be the principal permittee for a master signage permit. (b) The master signage permit may contain such other restrictions as the owners of the lots may reasonably determine. These provisions, upon granting of a sign permit to the applicant, become incorporated into the permit and are applicable for the duration of the permit. (Ord. of 5-3-2010, § 8(e)) Sec. 26-86. Review and approvals. (a) The design review committee shall review the initial application for a master signage permit, or for an amendment of a master signage permit. Such application must be made and signed by the property owner. Upon a recommendation for approval by the design review committee, the develop- ment review board shall review and act upon the application for an initial master signage permit or amendment thereof. (b) Subsequent applications for individual sign permits pursuant to a master signage permit may be made by tenants, with a property owner signature required for applications. Such applications made pursuant to a valid master signage permit shall not require review by the design review committee. The code officer shall review each application for its consistency with the approved design and dimensional parameters in the master signage § 26-86SIGNS CD26:25 DR A F T permit, and for consistency with the applicable dimensional and administra- tive standards in this chapter. Copies of the code officer's permit or denial shall be sent to the property owner and to the applicant, and shall become part of the master signage permit. (Ord. of 5-3-2010, § 8(f)) Sec. 26-87. Amendment. Amendment of a master signage permit, as opposed to approval of signs by the design review committee (DRC) and code officer subject to an existing, effective master signage permit, shall require approval by the design review committee and development review board in the same manner as for a new master signage permit. (Ord. of 5-3-2010, § 8(g)) Sec. 26-88. Existing nonconforming signs on properties subject to master signage permits. (a) The nonconforming status of other signs on the same property or subject to the same master signage permit shall not prevent individual tenants from making applications for individual sign permits in accordance with a valid master signage permit. (b) Alteration of nonconforming signs. Where there is any change to a nonconforming sign, a permit must be obtained from the design review committee and code officer. To gain approval the sign must be brought into full compliance with the provisions of the master signage permit for the property on which it is located and all other applicable provisions of this chapter. Routine maintenance of noncomplying signs may be done, provided there is no change at all to the color, shape, size, lighting, materials, or any other design or physical feature of the sign. (Ord. of 5-3-2010, § 8(h)) Sec. 26-89. Binding effect. An approved master signage permit shall be binding upon and run with the land. No sign shall be erected, placed, painted or maintained except in conformance with such permit, and such permit may be enforced in the same § 26-86 SOUTH BURLINGTON CITY CODE CD26:26 DR A F T way as any provision of this chapter. In case of any conflict between the provisions of such permit and any other provisions of this chapter, this chapter shall control. (Ord. of 5-3-2010, § 8(i)) Secs. 26-90—26-106. Reserved. DIVISION 4. EXEMPTIONS Sec. 26-107. Business directional signs and sign plazas exempt. The provisions and regulations of this chapter shall not apply to official business directional signs and sign plazas, as defined in and erected pursuant to 10 V.S.A. ch. 21. (Ord. of 5-3-2010, § 23(intro. ¶)) Sec. 26-108. Signs exempt from regulations. The provisions and regulations of this chapter shall also not apply to the following signs; provided, however, said signs shall be subject to the provisions of section 26-4 and divisions 2 and 3 of article VIII of this chapter: (1) Memorial signs or tablets, names of buildings and date of erection when cut into any stone or masonry surface or when constructed of bronze or other incombustible materials and not exceeding six square feet in total area. (2) One residential name place sign, as defined in this chapter. (3) Traffic signs and legal notices. (4) Signs or billboards approved by the code officer that advertise the city, or any of its departments, or provide a community directory to the recreational and commercial facilities offered in the city; or advise the public of the location of facilities operated by the city or any of its departments. (5) Directional signs, consistent with the provisions of division 3 of article IV of this chapter; provided, however, that the code officer may order the removal of directional signs upon finding by him that some are unnecessary, not within the definition set out in section 26-3, or are otherwise contrary to the provisions of this chapter. § 26-108SIGNS CD26:27 DR A F T (6) Bona fide Christmas and holiday decorations displayed during the period from November 15 through January 5. (7) "Warning," "danger," "no trespassing," or similar signs, in size and quantity as reasonably required to accomplish their intended purpose. (8) Signs for charitable or political purposes displayed on a wall or window. (9) Signs attached to electronic scoreboards, provided the following are met: a. The scoreboard upon which the sign is attached is located on city-owned or -leased land; b. The sign advertises a business or organization that made a monetary contribution towards the scoreboard in question; c. The sign includes the words "This scoreboard donated by" or similar words to that effect; d. The maximum size of the sign shall not exceed 21 square feet; e. The area of the sign shall not exceed 24 percent of the area of the scoreboard and sign combined; f. The maximum height of the sign shall be ten feet, measured from the average finished grade at the base of the scoreboard to the highest point of any part of the sign; g. The sign shall not be illuminated; h. The sign shall be covered by an attractive, fitted panel so that it is not visible during the months of November through March; and i. The sign shall require written approval from the city manager, or his designee, prior to its erection or alteration. (10) One- or two-sided freestanding signs for post-secondary educational institutions which are used to provide information regarding on- campus activities that are open to the public. Such signs must be approved by the city manager or a designee, may not exceed 50 square feet per side, must be at least 15 feet from the pavement of any public road, must not be located within any public right-of-way, and may not exceed ten feet in height. Such signs may include an electronic message board not exceeding ten square feet on each side of the sign, which may only be used between the hours of 7:00 a.m. and 12:00 § 26-108 SOUTH BURLINGTON CITY CODE CD26:28 DR A F T midnight. Information may be displayed on the message board on an intermittent basis, provided each display is at least five minutes in duration. Each institution shall be limited to one sign. (11) Signs reasonably necessary for the operation and use of the county transportation authority and other public transit services. (12) Purely decorative murals, as defined in this chapter, that in the judgment of the code officer do not have the intent or visual effect of increasing the area of a sign. (13) All wall and freestanding signs, including those attached to windows and doors, that are necessary to ensure compliance with the Americans with Disabilities Act, provided such signs do not interfere with public safety. (14) Sculptures that do not involve a representation of or reference to a business, service or good shall not be construed to be signs and shall be exempt from the provisions of this chapter. Sculptures may be subject to the provisions of the city's land development regulations, as amended. (15) State and federal government markers of historical sites or places of interest and state tourism signs, provided such signs do not interfere with public safety. (16) One help wanted sign of no more than four square feet may be attached to permitted freestanding sign. (17) Barber poles, in accordance with state statutes. (18) Wayfinding and interpretive signage. Sponsors of activities requiring bona fide interpretive signage or wayfinding signs, such as, but not limited to, signage for a natural area, natural resource demonstration project, educational initiative, or projects with a focus on historic, natural or cultural resources, may apply for a master signage permit pursuant to division 3 of this article. The design review committee shall have the authority to determine the appropriate number, sizes, locations, designs and contents of such wayfinding or interpretive signs, but in no case shall the size of any single wayfinding or interpretive sign exceed 20 square feet. The design review committee shall have the authority to require supplemental plans or graphics, to require additional review by the design review committee or code § 26-108SIGNS CD26:29 DR A F T officer for changes or amendments to a master signage permit, and to issuance of individual sign permits for certain signs approved within a master signage permit. (19) Signs designated as "historic" by the state division for historic preservation (or its successor) or the National Register of Historic Places. Alterations to such signs shall only be permitted if the entire sign becomes compliant with these regulations or if the proposed alterations are approved as remaining "historic" by the above-named bodies. (20) Informational signs affixed to the principal face of a propane gas cage containing safety information, the manufacturer's name, the manufacturer's logo, and/or emergency contact information. Lettering, numbering, or logos shall not exceed three inches in height. (21) One restaurant menu not exceeding two square feet in size per restaurant, affixed to a wall that adjacent to a door that leads directly into such restaurant. No lettering or numbers shall exceed one inch in height. No such menus shall be internally illuminated. Any other lighting shall be downcast directly onto the menu. (Ord. of 5-3-2010, § 23(intro. ¶), (a)—(r)) Secs. 26-109—26-129. Reserved. DIVISION 5. NONCONFORMING SIGNS Sec. 26-130. Removal, replacement, or alteration. On or before June 3, 2009, all nonconforming signs shall have been removed, lawfully replaced, or otherwise altered so as to comply with all applicable provisions of the city sign ordinance in effect as of that date. (Ord. of 5-3-2010, § 24(a)) Sec. 26-131. Conforming signs to become nonconforming signs; defined. (a) A conforming sign shall become a nonconforming sign on the effective date of an amendment of this chapter that establishes a standard or requirement with which the sign does not conform. § 26-108 SOUTH BURLINGTON CITY CODE CD26:30 DR A F T (b) For the purposes of this section, the term "conforming sign" means: (1) Any sign in existence on June 3, 2009, that on such date was in full compliance with all requirements of this chapter as it was then constituted; (2) Any sign first constructed after June 3, 2009, in strict compliance with a permit issued under this chapter; or (3) Any sign altered or relocated after June 3, 2009, in strict compliance with a permit issued under this chapter. (Ord. of 5-3-2010, § 24(b)) Sec. 26-132. Compliance required within five years. Within five years of the date a sign becomes nonconforming, it shall be removed or, following issuance of a permit, be altered or relocated to comply with this chapter. (Ord. of 5-3-2010, § 24(c)) Secs. 26-133—26-162. Reserved. DIVISION 6. APPEALS Sec. 26-163. Hearing or order process to appeal action of DRC. (a) Any person aggrieved by any action of the code officer or design review committee may appeal such action, or refusal to act, to the city development review board. Such appeal shall be lodged with the city clerk within 15 days of the code officer's or design review committee's action or refusal to act, and shall be accompanied by an appeal fee in accordance with the schedule provided under section 26-58. The fee for such appeal shall be the same as for appeals of actions of the administrative officer to the development review board pursuant to the city's land development regulations. (b) The hearing shall be held at the time and place set by the chairperson of the development review board but no sooner than seven days, nor later than 20 days, after public notice of such hearing has appeared in a newspaper having general circulation in the city. (c) The development review board may make such order or take such action, including the issuance of a permit or the revocation of same as is consistent with this chapter; provided, however, in deciding such appeals, the § 26-163SIGNS CD26:31 DR A F T development review board may not grant variances, exemption, extraordinary relief or otherwise alter, amend, enlarge or modify the provisions of this chapter, it being the intent of this section to merely provide for appeals from the decisions of the code officer or design review committee, and not to provide for variances or exceptions hereto. (d) The development review board may adopt rules governing the conduct of such hearings, and if such rules are adopted, it shall cause a copy thereof to be furnished to each applicant at the time that the appeal is taken. (Ord. of 5-3-2010, § 29) Secs. 26-164—26-194. Reserved. ARTICLE III. REGULATIONS BY SIGN TYPE DIVISION 1. GENERALLY Secs. 26-195—26-211. Reserved. DIVISION 2. FREESTANDING SIGNS Sec. 26-212. General compliance to division. Freestanding signs are permitted only in accordance with the provisions in sections 26-213 through 26-217. (Ord. of 5-3-2010, § 9(intro. ¶)) Sec. 26-213. Maintenance required by owner. All freestanding signs and the premises surrounding the same shall be maintained by the owner thereof in a clean, sanitary and inoffensive condition, and free and clear of all obnoxious substances, rubbish and weeds. Freestanding signs shall be so designed as to be self-supporting without the need for guy wires, cables, chains, lines, or other similar ancillary supports. (Ord. of 5-3-2010, § 9(a)) § 26-163 SOUTH BURLINGTON CITY CODE CD26:32 DR A F T Sec. 26-214. Number of signs per lot. The maximum number of freestanding signs on a lot shall be as follows: (1) Except as provided in section 26-108(5), there shall not be more than one freestanding sign for each separate lot, regardless of how many businesses or commercial entities are located on such lot. (2) Lots on which the development review board has granted approval for the development of the property with two or more separate entrances to a public road shall be entitled to additional freestanding signs where: a. Each entrance is separated from each other entrance by a distance in excess of 300 feet, as measured from centerline to centerline between the two entrances; b. The number of proposed freestanding signs for the property does not exceed the number of public road entrances that meet the standards set forth above; and c. The proposed freestanding signs are located within 25 feet of the approved entrances. (Ord. of 5-3-2010, § 9(b)) Sec. 26-215. Community garden lots. Lots on which a community garden is operated and maintained as an accessory use to a principal permitted use may have one additional freestand- ing sign of no more than 24 square feet, so long as such sign clearly advertises the community garden project and does not constitute an additional sign for the principal permitted use. Such sign may be displayed from May 1 through November 30 and shall require a sign permit. (Ord. of 5-3-2010, § 9(c)) Sec. 26-216. Sign location. No part of a freestanding sign shall be placed in such manner as to visually obstruct traffic. (1) No part of a freestanding sign which is 40 square feet or less in size shall be laced closer than five feet to any property line, subject to the following: a. Public sidewalk or recreation path exists in public right-of-way: 1. Where the outer edge of the public right-of-way is less than five feet from the outer edge of the public sidewalk or § 26-216SIGNS CD26:33 DR A F T recreation path, no part of a freestanding sign shall be placed closer than five feet from the outer edge of the public sidewalk or recreation path. In no case shall a freestanding sign be placed closer than one foot from the public right-of-way. (See Illustration 26-216-1.) 2. Where the outer edge of the public right-of-way is five feet or more from the outer edge of the public sidewalk or recreation path, no part of a freestanding sign shall be placed closer than one foot from the right-of-way. (See Illustration 26-216-2.) Illustration 26-216-1 Location of a Freestanding Sign with ROW at Least Five Feet from Sidewalk Illustration 26-216-2 Location of a Freestanding Sign with ROW at Least Five Feet from Sidewalk § 26-216 SOUTH BURLINGTON CITY CODE CD26:34 DR A F T b. No public sidewalk or recreation path exists in public right-of-way: 1. Where the outer edge of the public right-of-way is less than 11 feet from the outer edge of the traveled way, no part of a freestanding sign shall be placed closer than five feet from the right-of-way. (See Illustration 26-216-3.) 2. Where the outer edge of the public right-of-way is 11 feet or more, but less than 15 feet from the outer edge of the traveled way, no part of a freestanding sign shall be placed closer than 16 feet from the outer edge of the traveled way. (See Illustra- tion 26-216-4.) Illustration 26-216-3 Location of a Freestanding Sign with No Sidewalk and ROW Less Than 11 Feet from Street Illustration 26-216-4 Location of a Freestanding Sign with No Sidewalk and ROW 11—15 Feet from Street § 26-216SIGNS CD26:35 DR A F T 3. Where the outer edge of the public right-of-way is 15 feet or more from the outer edge of the traveled way, no part of a freestanding sign shall be placed closer than one foot from the right-of-way. (See Illustration 26-216-5.) (2) No part of a freestanding sign which is larger than 40 square feet in size shall be placed closer than 20 feet to any property line. (Ord. of 5-3-2010, § 9(d)) Sec. 26-217. Area of a freestanding sign. (a) The area of a freestanding sign shall be the total area within the outer edge of the sign, excluding the supporting structure, provided the total area of the supporting structure is within the limits set forth in subsection (f) of this section. Any area of a support structure that exceeds the limits set forth in subsection (f) of this section shall be counted as sign area. (Illustrations 26-217-1 and 26-217-2.) Illustration 26-216-5 Location of a Freestanding Sign with No Sidewalk and ROW at Least 15 Feet from Street § 26-216 SOUTH BURLINGTON CITY CODE CD26:36 DR A F T Illustration 26-217-1 Area of a Freestanding Sign #1 § 26-217SIGNS CD26:37 DR A F T (b) A freestanding sign which is located on a lot of less than 40,000 square feet shall not exceed 32 square feet in sign area. Illustration 26-217-2 Area of a Freestanding Sign #2 § 26-217 SOUTH BURLINGTON CITY CODE CD26:38 DR A F T (c) Except as provided in this subsection, a freestanding sign which is located on a lot of 40,000 square feet or more shall not exceed 40 square feet in sign area. A freestanding sign on a lot of 40,000 square feet or more may be eligible for additional sign area in accordance with the following provi- sions: (1) A lot which contains 200 or more feet of contiguous frontage on one public street and which contains 10,000 or more square feet of building area shall be eligible for additional sign area above the 40 square foot maximum established in this subsection. The amount of additional sign area shall be based on lot frontage and/or building size as indicated in Table 26-217.1. In no case shall the maximum size of a freestanding sign area exceed 80 square feet. Table 26-217.1 Freestanding Signs - Additional Sign Area Criterion Additional Sign Area (square feet) Frontage: 250' - < 300'5 300' - < 350'10 350' - < 400'15 400' - < 450'20 450' - < 500'25 500' - < 550'30 550' - < 600'35 600' and more 40 Building size (square feet): 25,000 - < 50,000 10 50,000 - < 75,000 20 75,000 - < 100,000 30 100,000 and more 40 *Example: A 43,000-square-foot building on a lot with 325 feet of frontage would be entitled to a 60-square-foot freestanding sign (40 square foot sign area allowance + ten square foot frontage allowance + ten square foot building size allowance = 60 square feet). *Example: A 76,000-square-foot building on a lot with 210 feet of frontage would be entitled to a 70-square-foot freestanding sign (40 square foot sign area allowance + zero square foot frontage allowance + 30 square foot building size allowance = 70 square feet). § 26-217SIGNS CD26:39 DR A F T (2) Approval of a sign under this section shall be subject to the require- ment that the lot on which the sign is located together with the buildings thereon shall continue to meet the standards on which approval was granted. At the time of any alteration of lot frontage or building size, the code officer shall redetermine the allowable sign area under regulations then in effect, and, if such regulations require a sign with reduced sign area, shall direct the property owner to install a sign meeting such reduced sign area requirement within three months of such determination. (d) The maximum height of a freestanding sign shall be 15 feet, measured from the average finished grade at the base of the sign to the highest portion of any part of the sign structure. (e) For lots which contain lawfully more than one freestanding sign, as provided in section 26-214, and which qualify for a freestanding sign larger than 40 square feet as provided in subsection (c) of this section, no more than one freestanding sign on the lot may exceed 40 square feet in size. (f) No sign and/or support structure dimension shall exceed the other by more than five times. In the Dorset Street/City Center Sign District, no dimension shall exceed the other by more than four times. (g) In all districts, the depth of the sign and support structure shall not be visually disproportionate to the other dimensions of the sign. (h) Area calculations shall exclude planters, provided such planters are no more than three feet tall, no more than two times the width of the sign, have no advertising or logos attached, and are used for plants and landscaping. Any area of a planter that exceeds three feet in height or two times the width of the sign, and any planter that has advertising or logos attached, shall be counted as sign area. (Ord. of 5-3-2010, § 9(e)) § 26-217 SOUTH BURLINGTON CITY CODE CD26:40 DR A F T Sec. 26-218. Freestanding sign support structures. The area of a sign support structure shall not be included in calculating the area of a freestanding sign, subject to the following limitations and provi- sions: (1) Support structures shall not incorporate or include any attachments, lettering, logos, or graphics. Any support structure that includes attachments, lettering, logos, or graphics, shall be counted as part of sign area. (2) No support structure and no part of any support structure shall be internally illuminated. (3) For a freestanding sign with two or more independent post supports, outside the width of the sign area, supports of up to one foot wide each shall be exempt from calculation of the area of the support structure. If the sign and the support structure are less than six feet in height at the highest point from the average finished grade, two supports up to two feet wide each shall be exempt from calculation of the area of the support structure. (4) Notwithstanding the provisions of subsection (3) of this section, for a freestanding sign and/or support structure with a combined height of up to ten feet at the highest point from the average finished grade, the total area of the support structure may not exceed 150 percent of the area of the sign. If the support structure of such a sign extends more than one foot past the edge of the sign, the total area of the support structure shall not exceed 100 percent of the area of the sign. (See Illustration 26-218-1.) § 26-218SIGNS CD26:41 DR A F T (5) Notwithstanding the provisions of subsection (3) of this section, for a freestanding sign and/or support structure with a combined height of more than ten feet at the highest point from the average finished grade, the total area of the support structure shall not exceed 100 Illustration 26-218-1 Base and Sign Area Ratios § 26-218 SOUTH BURLINGTON CITY CODE CD26:42 DR A F T percent of the area of the sign, and shall not extend more than one foot horizontally in each direction beyond the horizontal edges of the sign (See Illustration 26-218-1.) (Ord. of 5-3-2010, § 9(f)) Sec. 26-219. Additional standards. All freestanding signs must meet the following additional standards: (1) All freestanding signs are to be designed and constructed of suitable materials and erected and located in a manner which reinforces and respects the overall stated goals of this chapter. (2) All freestanding signs shall have a base condition that is landscaped in an aesthetically pleasing or appropriate manner with hardy plant materials and/or elements that will remain attractive throughout the year, or finished in such a manner, whether in groundcover, lawn or hard surfaces so as to be appropriate and maintained for the entire year in an attractive manner. Such landscaping may be planted in the ground at the base, or may be in planters, provided the planters are fixed to the ground or sign. (3) Signs or emblems indicating membership in national or regional organizations, including credit card signs, or informing the public that gifts, trading stamps, or similar promotional items are available on the premises, shall not be separately fastened to the outer edge or support structure of the principal sign. Such features shall be displayed against the principal sign face. (4) Street names and numbers may be affixed to a freestanding sign or its support structure and shall be exempt from area calculations so long as the letters do not exceed three inches in height and numbers do not exceed six inches in height. (5) Freestanding signs may not have changeable message areas unless required by the nature of the business or other approved land use itself, such as theaters, churches and other houses of worship, public and independent educational facilities accredited by the state for elementary, secondary and higher education, motels and hotels, and establishments deriving a majority of their income as venues for the performing arts, and subject to the discretion and approval of the code § 26-219SIGNS CD26:43 DR A F T officer. Any such changeable message area may not exceed 80 percent of the allowable sign area, and the dimensions and location thereof must be specified when an application for a sign permit is made. (Ord. of 5-3-2010, § 9(g)) Sec. 26-220. Dorset Street/City Center Sign District. Freestanding signs along Dorset Street are to be located in a sign corridor that begins adjacent to the road right-of-way and runs 16 feet from the edge of the right-of-way toward the building face. In those instances where dimensions do not provide for a two-foot setback from the right-of-way before a sign support post can be located, it is permitted to erect a centered single pole mounted sign of which the roadside edge of the sign is directly outside the right-of-way line. Freestanding signs in the Dorset Street/City Center District may not exceed 32 square feet in overall dimensions and may be no higher than 12 feet, measured from the average finished grade at the base of the sign to the highest point of any part of the sign structure. (Ord. of 5-3-2010, § 9(h)) Sec. 26-221. Additional freestanding signs for permitted drive- through establishments. Lots with an automobile service use or a permitted drive-through facility, including car washes, banks, and drive-through retail and restaurant establishments, may have one freestanding menu board sign in addition to one freestanding sign permitted in accordance with this division. A menu board sign shall not exceed 48 square feet in overall size, including cladding and support structure, and shall not exceed six feet in height at any point. The text and graphics on the menu board shall not be legible from a public roadway. Landscaping or other suitable screening shall be used to screen the menu board generally from nearby public roadways, paths and sidewalks. (Ord. of 5-3-2010, § 9(i)) Sec. 26-222. Multi-tenant buildings and multi-building complexes in the R7-NC zoning district. Notwithstanding provisions to the contrary elsewhere in this chapter, a multi-tenant building or multi-building structure under common manage- ment and ownership which is located wholly or partially within the R7-NC zoning district, and which has more than one approved curb cut onto a public § 26-219 SOUTH BURLINGTON CITY CODE CD26:44 DR A F T roadway, may have one freestanding sign of up to 40 square feet and one additional freestanding sign per additional approved curb cut onto a public roadway, with any such additional signs not exceeding 20 square feet in area and 12 feet in height. The sign area of the freestanding signs may be designed and used in whole or in part as a directory for the tenants or services contained within the building or complex. (Ord. of 5-3-2010, § 9(j)) Secs. 26-223—26-252. Reserved. DIVISION 3. WALL SIGNS Sec. 26-253. General compliance to division. Wall signs shall be permitted only in accordance with the provisions in this division. (Ord. of 5-3-2010, § 10(intro. ¶)) Sec. 26-254. Number of wall signs. The allowable number and area of wall signs shall be as set forth in section 26-262. (Ord. of 5-3-2010, § 10(a)) Sec. 26-255. Area of wall signs. (a) Except as otherwise provided in this chapter, the total area of all wall signs shall not exceed five percent of the area of the principal public façade of the building or 100 square feet, whichever is smaller. (b) In no case shall any individual wall sign exceed 15 percent of the area of the façade to which it is attached. (Ord. of 5-3-2010, § 10(b)) Sec. 26-256. Wall signs not to project above building without permit in Dorset Street/City Center Sign District. In the Dorset Street/City Center Sign District, wall signs may not project above the roof or parapet of a building nor below the top of any first floor doorway, unless permitted through the design review approval process. (Ord. of 5-3-2010, § 10(c)) § 26-256SIGNS CD26:45 DR A F T Sec. 26-257. Wall signs covering wall opening and projecting over top of wall unlawful. (a) It shall be unlawful for any person to erect, alter, maintain or relocate any wall sign that covers, wholly or partially, any wall opening or to erect, alter, maintain or relocate any wall sign that projects beyond the ends or top of the wall to which it is attached. (b) For the purposes of this section, the term "wall opening" means any opening exclusively provided for a window, door or removable panel. (Ord. of 5-3-2010, § 10(d)) Sec. 26-258. Multi-tenant buildings and multi-building properties. (a) Lots on which there is located commercial development consisting of two or more distinct and separate businesses ("multi-tenant buildings" or "multi-building properties") shall be entitled to additional wall signs whose allowable area and number shall be in accordance with the formula set forth in section 26-262. (b) In a multi-tenant building, there shall be a maximum of two wall signs per individual tenant. The maximum area of an individual wall sign shall be five percent of the individual tenant's storefront area, calculated as shown in Illustration 26-263-1, or 100 square feet, whichever is smaller. (c) Owners of multi-tenant buildings and multi-building properties located outside of the Dorset Street/City Center Sign District shall have the option to obtain a master signage permit from the development review board, in accordance with division 3 of article II of this chapter. Once a master signage permit is obtained, all changes to signage for that property shall be reviewed in accordance with the provisions of division 3 of article II of this chapter. Multi-tenant buildings for which there is a valid master signage permit may increase the maximum allowable area of all wall signs and individual tenant signs as provided in section 26-262. A property owner choosing this option shall be responsible for allocating the allowable area of wall signs among individual tenants. (Ord. of 5-3-2010, § 10(e)) Sec. 26-259. Areas of walls using paint, lighting, etc., deemed to be part of wall sign. Areas of walls within which paint, lighting or other treatments are used to highlight or enclose an area of wall on which cut-out letters or other signs are § 26-257 SOUTH BURLINGTON CITY CODE CD26:46 DR A F T installed shall be deemed to be part of the wall sign for all intents and purposes of this chapter, and shall be subject to all applicable provisions of this chapter. (Ord. of 5-3-2010, § 10(f)) Sec. 26-260. Wall sign not to project from wall excess of nine inches; raceway signs. (a) A wall sign shall not project from the wall in excess of nine inches, except for raceway signs. (b) A raceway sign may project up to 15 inches from the wall to which it is attached. (Ord. of 5-3-2010, § 10(g)) Sec. 26-261. Lots containing two structures containing unrelated uses. A lot containing two structures devoted to separate and unrelated uses in existence prior to February 6, 1995, shall be subject to the following provisions: (1) If the lot does not contain a freestanding sign, each structure shall be entitled to wall signs in accordance with sections 26-254 and 26-255. (2) If the lot contains a freestanding sign which identifies the uses located in both structures, each structure shall be entitled to two wall signs as authorized by sections 26-254 and 26-256. (Ord. of 5-3-2010, § 10(h)) Sec. 26-262. Table of area of wall signs. The following table includes provisions regarding area of wall signs: § 26-262SIGNS CD26:47 DR A F T Table 26-262. Area of Wall Signs Type of Building, Signage and Permit Basis for Total Area of All Wall Signs Maximum Area of an Individual Wall Sign Additional Regulations for Multi-Tenant Buildings and Multi-Building Lots Single-tenant building with freestanding and/or landscape feature signs 5% of principal public façade 15% of façade to which it is attached or 100 square feet, whichever is smaller Up to 2 wall signs per individual building Single-tenant building, no freestanding or landscape feature signs 10% of principal public façade 15% of façade to which it is attached or 100 square feet, whichever is smaller Up to 2 wall signs per individual building Multi-tenant building or multi-building lot, no master signage permit, with freestanding sign or landscape feature signs No set limit; maximum area determined by sum of allowable individual wall signs for each tenant 15% of façade to which sign is attached, 5% of individual tenant storefront area, or 100 square feet, whichever is smaller Up to 2 wall signs per tenant Signs may be attached to one or two building façades See calculation of storefront area, Illustration 26-263-1 Multi-tenant building or multi-building lot, no master signage permit, no freestanding or landscape feature signs Total area per building based on individual tenant signage 15% of façade to which sign is attached, 5% of individual tenant storefront area, or 100 square feet, whichever is smaller Up to 2 signs per tenant Signs may be attached to one or two building façades See calculation of storefront area, Illustration 26-263-1 Multi-tenant building or multi-building lot with a master signage permit in any district, includ-ing Dorset Street/City Center Sign District, with freestanding or landscape feature signs 10% of principal public façade of each building 15% of façade to which it is attached or 100 square feet, whichever is smaller Up to 2 signs per tenant Signs may be attached to as many façades as have an actively used public entrance Property owner must divide up signage area among ten- ants Multi-tenant building or multi-building lot with a master signage permit in any district, includ- ing Dorset Street/City Center Sign District, no freestanding or landscape feature signs 15% of principal public façade of each building 15% of façade to which it is attached or 100 square feet, whichever is smaller Up to 2 signs per tenant Signs may be attached to as many façades as have an actively used public entrance Property owner must divide up signage area among ten- ants (Ord. of 5-3-2010, § 10(h)) Sec. 26-263. Calculation of a storefront area. The following is an illustration calculating a storefront area: § 26-262 SOUTH BURLINGTON CITY CODE CD26:48 DR A F T (1) Areas not perpendicular to the ground are not included in the storefront area. (2) Projecting areas perpendicular to the ground are included in the storefront area. (3) Storefront area (shaded) = [()(w) x (h)] + [(w1) x (h1)] (4) If the lot contains a freestanding sign that only identifies the use located in one structure, the structure containing the use identified on the freestanding sign shall be entitled to wall signs as authorized by sections 26-254 and 26-256, and the structure containing uses not identified on the freestanding sign shall be entitled to no more than three wall signs with a total area not exceeding ten percent of the area of the principal public façade of the structure. No wall sign shall exceed five percent of the total allowable sign area and no more than one wall sign shall be placed on any one façade of the structure. (Ord. of 5-3-2010, § 10(h)) Secs. 26-264—26-289. Reserved. Illustration 26-263-1 Example of the Calculation of Storefront Area § 26-289SIGNS CD26:49 DR A F T DIVISION 4. PERPENDICULAR SIGNS Sec. 26-290. General compliance to division. Perpendicular signs will be permitted subject to the conditions in this division. (Ord. of 5-3-2010, § 16(a)) Sec. 26-291. Building-mounted sign. Where property dimensions create circumstances that do not allow for a freestanding sign, a perpendicular building-mounted sign may be permitted. (Ord. of 5-3-2010, § 16(b)) Sec. 26-292. Installation. Any perpendicular sign to be installed must be determined to be properly mounted on the building from which it is hung in a safe and appropriate fashion relative to the architecture of the building. (Ord. of 5-3-2010, § 16(c)) Sec. 26-293. Sign not to extend above top of building. A perpendicular sign may not extend above the top of the building wall or parapet to which it is attached. (Ord. of 5-3-2010, § 16(d)) Sec. 26-294. Sign not to extend outside edge of wall; size and area. A perpendicular sign may extend no more than three feet from the outside edge of the wall to which it is attached, and may have a vertical dimension of no more than ten feet. The maximum area of the sign face of a perpendicular sign shall be 30 square feet. (Ord. of 5-3-2010, § 16(e)) Sec. 26-295. Sign must be structurally correct and safe. All signs of this type must be designed properly so as to be structurally correct and safe for pedestrians, traffic and other activities which occur in the vicinity. (Ord. of 5-3-2010, § 16(f)) § 26-290 SOUTH BURLINGTON CITY CODE CD26:50 DR A F T Sec. 26-296. Approval. Perpendicular signs are subject to the approval of the code officer who may seek the review of an architect, sign and/or engineering expert consultant to assist in his determination. All associated costs for this consultant review are to be borne by the applicant. (Ord. of 5-3-2010, § 16(g)) Secs. 26-297—26-325. Reserved. DIVISION 5. LANDSCAPE FEATURES Sec. 26-326. General compliance. In all districts in the city, a landscape feature sign may be utilized in place of a freestanding sign on any lot eligible for a freestanding sign. On lots eligible for multiple freestanding signs, multiple landscape feature signs may be allowed in accordance with the regulations for multiple freestanding signs. (Ord. of 5-3-2010, § 14(a)) Sec. 26-327. Approval required. A landscape feature to which a sign is proposed to be attached must be approved by the city development review board (DRB) as part of its issuance of a permit for the lot on which the sign is proposed. Upon approval by the DRB of a landscape feature, the code officer may issue a sign permit for the use of the landscape feature as a sign in accordance with the dimensional and administrative requirements of this chapter. (Ord. of 5-3-2010, § 14(b)) Sec. 26-328. Location requirements. No sign may be attached to a landscape feature that is closer than five feet to any property line at any point. No sign larger than 40 square feet may be attached to a landscape feature that is closer than 20 feet to any property line at any point. (Ord. of 5-3-2010, § 14(c)) § 26-328SIGNS CD26:51 DR A F T Sec. 26-329. Sign to be permanently attached or set into approved feature. A landscape feature sign shall consist of either individual cut-out letters and/or a cut-out logo, or an inset sign, either of which shall be permanently attached to or set into an approved landscape feature. (Ord. of 5-3-2010, § 14(d)) Sec. 26-330. Sign not to project above feature. The individual cut-out letters and/or logo, or the inset sign, shall not project above the top of the landscape feature at any point. (Ord. of 5-3-2010, § 14(e)) Sec. 26-331. Area of cut-out letters, logos, inset signs. The total area of the cut-out letters and/or logo, or the inset sign, may not exceed the maximum area of a freestanding sign (excluding any support structure) that would be allowable for the same lot. (Ord. of 5-3-2010, § 14(f)) Sec. 26-332. Size maximum. No landscape feature to which a sign is attached may exceed six feet in height from finished grade at any point, or four feet in average height, from the finished grade at the base of the landscape feature. The development review board may allow up to a maximum of seven feet in height from finished grade and up to a maximum of five feet in average height from the finished grade around the base of the landscape feature, upon a finding that the sign as proposed: (1) Will not appear unduly bulky or massive from any public street, sidewalk, public land or traveled way; (2) Will not present a hazard to traffic or pedestrian safety; and (3) Will be in keeping with the scale and character of other landscaping on the same and adjacent lots. (Ord. of 5-3-2010, § 14(g)) § 26-329 SOUTH BURLINGTON CITY CODE CD26:52 DR A F T Sec. 26-333. Border area. A border area without any attached or inset signage must be maintained for a minimum of six inches in all directions from the outside edge of the cut-out letters and/or logo or the inset placard sign. The border area shall be at least 60 percent of the total area of the landscape feature. (Ord. of 5-3-2010, § 14(h)) Sec. 26-334. Maintenance panels. The visual impact of maintenance panels should be minimized. (Ord. of 5-3-2010, § 14(i)) Sec. 26-335. Backlighted letters, cut-out logos, shielded exterior permitted. Backlighted letters and/or cut-out logos shall be permitted, provided the installation is consistent with this chapter. Shielded exterior spotlighting shall be permitted, with the beam spread not to exceed the area of the cut-out letters and/or logo or inset sign. (Ord. of 5-3-2010, § 14(j)) Secs. 26-336—26-358. Reserved. DIVISION 6. MISCELLANEOUS TYPES OF SIGNS Sec. 26-359. Roof signs. It shall be unlawful for any person to erect, alter, relocate or maintain a roof sign as defined in this chapter; provided, however, that a sign may be erected on a parapet wall if such parapet is an integral part of and architecturally consistent with the entire building and is not erected principally to receive and enhance the visibility of the sign. Any such sign shall not extend above said parapet wall. (Ord. of 5-3-2010, § 18(a)) Sec. 26-360. Banners and pennants. It shall be unlawful for any person to erect, relocate, alter or maintain banners or pennants as defined in this chapter. However, properly displayed governmental flags shall be permitted, but not in excess of three different § 26-360SIGNS CD26:53 DR A F T flags per lot. In addition, a business may display one flag, not exceeding six square feet on which is depicted its name, emblem or logo, except in the Dorset Street/City Center Sign District where such is prohibited. (Ord. of 5-3-2010, § 18(b)) Sec. 26-361. Projecting signs. It shall be unlawful for any person to erect, alter, relocate or maintain any projecting sign as defined in this chapter, except as specifically allowed in division 3 of this article. (Ord. of 5-3-2010, § 18(c)) Sec. 26-362. Billboard signs. It shall be unlawful for any person to erect, alter, maintain or relocate any billboard sign as defined in this chapter, except as specifically allowed. (Ord. of 5-3-2010, § 18(d)) Sec. 26-363. Animated signs; action signs. It shall be unlawful for any person to erect, maintain, alter or relocate any animated sign or action sign. (Ord. of 5-3-2010, § 18(e)) Sec. 26-364. Limited access facility. No sign may be erected if it is so located as to be primarily readable from a limited access facility as defined in V.S.A. title 19. (Ord. of 5-3-2010, § 18(f)) Sec. 26-365. Temporary and paper signs. Except as otherwise expressly provided in article VII of this chapter, signs of paper, cardboard or similar material or signs which are temporary or non-permanent are hereby prohibited. (Ord. of 5-3-2010, § 18(g)) Sec. 26-366. Window signs. Window signs, including those which are temporary or permanent in nature are permitted, provided the total sign area does not exceed 25 percent of the total window area to which the sign is attached. (1) Where a window constitute 50 percent or more of the area of an individual building façade, the code officer shall have the authority to treat signs affixed to the window as wall signs in keeping with division 3 of this article. § 26-360 SOUTH BURLINGTON CITY CODE CD26:54 DR A F T (2) A sign painted on or affixed to the inside or outside of windows shall be counted against the area of wall signs allowed for the building if the combined area of such a window sign exceeds 25 percent of the window occupied. (Ord. of 5-3-2010, § 18(h)) Sec. 26-367. Raceway signs. Raceway signs, including cans, the metal structure and/or the box frame, must be made so that the raceway enclosure blends with the exterior wall of the building to which it is attached. Raceway signs are subject to the provisions of division 3 of this article. (Ord. of 5-3-2010, § 18(i)) Secs. 26-368—26-392. Reserved. ARTICLE IV. REGULATIONS BY USE DIVISION 1. GENERALLY Secs. 26-393—26-412. Reserved. DIVISION 2. DIRECTORY AND ENTRYWAY SIGNS Sec. 26-413. Permitted; additional sign. Directory and entryway signs allowed. In instances where it is desirable to list multiple stores or offices within one complex, or to identify a publicly used entrance to a shopping center under single management, one additional directory sign of no more than eight square feet in total area may be attached to a wall or to the face of a freestanding sign, within the perimeter of the sign, in a suitable location to allow visitors, once within the property, to receive direction to a particular location. (Ord. of 5-3-2010, § 11(a)) § 26-413SIGNS CD26:55 DR A F T Sec. 26-414. One entryway sign next to each public entrance. One entryway sign identifying a shopping center may be affixed to the wall at each publicly used entrance. These directory and entryway signs are not to compete with any advertising or informational signs designed to be visible from the traveled way. (Ord. of 5-3-2010, § 11(b)) Sec. 26-415. Multi-tenant buildings or multi-building structures. In multi-tenant buildings or multi-building structures under common management and ownership located wholly or partially within the R7-NC zoning district, and with more than one approved curb cut onto a public roadway, one entryway sign may be affixed to the wall at each entrance identifying the offices or businesses accessible through the entry, or identify- ing the entryway as "staff only," restricted, or such other directional guidance as is necessary for the appropriate function of the complex. Such signs shall not exceed three square feet in size. In addition, one freestanding directory sign of up to 15 square feet or one wall directory sign of up to 20 square feet may be erected at each active publicly used entryway. For any such wall signs, the provisions of section 26-416 shall apply. (Ord. of 5-3-2010, § 11(c)) Sec. 26-416. Signs attached to walls. The area of a directory or entryway sign affixed to a wall shall be included in the calculation of the total allowable area of wall signs for the building or property to which it is affixed, but shall not count against the total number of wall signs allowed for the building to which it is affixed. (Ord. of 5-3-2010, § 11(d)) Sec. 26-417. Directory attached to freestanding signs. Directory signs attached to the face of a freestanding sign within the perimeter of the sign area shall not be counted as additional sign area. (Ord. of 5-3-2010, § 11(e)) Secs. 26-418—26-447. Reserved. § 26-414 SOUTH BURLINGTON CITY CODE CD26:56 DR A F T DIVISION 3. INCIDENTAL AND DIRECTIONAL SIGNS Sec. 26-448. Incidental signs. (a) Incidental signs may use a typestyle and/or color consistent with the signage of the business or tenant to which they are related, but shall not otherwise advertise or draw attention to the business or tenant. (b) The use of logos or trademarks on incidental signs shall be prohibited. (c) Incidental signs shall not exceed four square feet each. (d) Incidental signs attached to the façades of buildings are limited to one sign per service bay or entry door indicating entry, exit, or other similar service or identification. Such incidental signs shall not count towards the maximum total number of wall signs allowable for the building to which they are attached, but shall count towards the maximum total area of wall signs allowable for the building to which they are attached. (e) The number, placement and size of incidental signs shall not be, in the determination of the code officer, excessive. Such a determination shall include a consideration of factors such as, but not limited to, the nature of the business or operation involved, the volume of traffic to be directed, and the configuration of the buildings and improvements on the site. (Ord. of 5-3-2010, § 12(a)) Sec. 26-449. Directional signs. (a) Directional signs shall generally be exempt from the provisions of this chapter, in accordance with division 4 of article II of this chapter. (b) Directional signs may include the name or logo of the business to which they are related. Applicants are encouraged to use a logo, typestyle and/or color consistent with the signage of the business or tenant to which they are related. (c) Directional signs shall not be considered additional wall or freestand- ing signs. (d) Directional signs shall be sufficient to direct traffic safely, and shall not, in the determination of the code officer, be excessive. Such a determina- tion shall include a consideration of factors such as, but not limited to, the § 26-449SIGNS CD26:57 DR A F T nature of the business or operation involved, the volume of traffic to be directed, and the configuration of the buildings and improvements on the site. (e) Lettering on a directional sign shall not exceed six inches in height. (f) Number and size of directional signs: (1) For properties of less than ten acres in size, the number, and placement and size of directional signs shall not exceed one per curb cut or driveway entrance to a property or a maximum of three, whichever is less. No such directional sign shall exceed three square feet in area. No such directional sign shall be more than five feet in height. (2) For properties ten acres or more in size, the number of directional signs shall not exceed one per two acres of property area, to a maximum of eight directional signs. Not more than one directional sign shall be placed within 25 feet of each curb cut or driveway entrance. No directional sign shall exceed ten square feet in size, and no more than half (rounded up) of the maximum allowable number of directional signs shall exceed three square feet in size. No directional sign less than or equal to three square feet in size shall be more than five feet in height, and no directional sign larger than three square feet in size shall be more than ten feet in height. (g) No directional sign shall be placed closer than five feet from a property line. No directional sign that is greater than three square feet in size shall be located closer than 50 feet from a property line. (Ord. of 5-3-2010, § 12(b)) Secs. 26-450—26-466. Reserved. DIVISION 4. AIRPORT SIGNAGE Sec. 26-467. Airfield and Air National Guard signage. Except as provided in section 26-469, all signage on the airfield of Burlington International Airport or property owned by the Vermont Air § 26-449 SOUTH BURLINGTON CITY CODE CD26:58 DR A F T National Guard that is installed pursuant to Federal Aviation Administra- tion (FAA) or United States Department of Defense (DOD) requirements, as applicable, shall be exempt from the provisions of this chapter. (Ord. of 5-3-2010, § 15(a)) Sec. 26-468. Other necessary signage. Except as provided in section 26-469, all other signage on Burlington International Airport and Vermont Air National Guard property necessary to safe and efficient operation of the airport or National Guard premises shall be determined by the airport or Vermont Air National Guard pursuant to FAA or DOD recommended standards, as applicable, and shall be exempt from the provisions of this chapter. (Ord. of 5-3-2010, § 15(b)) Sec. 26-469. Signs on airport property within 20 feet of road rights- of-way. Signs on Burlington International Airport property to be located within 20 feet of the edge of the right-of-way of a public road adjacent to the airport shall be subject to the provisions of this chapter and shall require a sign permit. (Ord. of 5-3-2010, § 15(c)) Secs. 26-470—26-491. Reserved. DIVISION 5. REAL ESTATE AND CONSTRUCTION PROJECT SIGNS Sec. 26-492. Real estate signs. Signs advertising to the public that the property on which the same sign is displayed is available for sale, rent or lease shall not require a sign permit, but shall not be illuminated and shall be subject to the limitations in this division. (1) In nonresidential zoning districts, each lot shall be entitled to one such freestanding sign, not to exceed 16 square feet if located within 20 feet of the edge of the right-of-way, or 32 square feet if located more than 20 feet from the edge of the right-of-way. § 26-492SIGNS CD26:59 DR A F T (2) In residential zoning districts, each lot shall be entitled to one such freestanding sign not to exceed six square feet. (Ord. of 5-3-2010, § 17(a)) Sec. 26-493. Construction project signs. Signs advertising that new construction, or an expansion, renovation or addition project (including painting, roofing, and siding) is taking place on the property on which the sign is displayed are subject to the provisions of this division. (1) In nonresidential zoning districts and in residential zoning districts where a multi-lot development involving ten or more lots is taking place, construction project signs shall be limited to one sign per property or multi-lot development, not exceeding 32 square feet in area and eight feet in height and not illuminated. Such signs shall require a sign permit. (2) Except as provided above, in residential zoning districts up to two construction project signs may be displayed simultaneously on a lot. A single construction project sign shall not exceed six square feet, or three square feet each if two such signs are displayed on a single lot. Such signs shall not require a sign permit. (3) Construction project signs in all districts shall remain only until completion of the project. Such signs remaining on a lot after the project is completed shall be in violation of this chapter. (4) Additional signs required to meet safety regulations for construction projects shall be exempt from the provisions of this chapter, and shall not require a sign permit. (5) Except as specifically provided for residential zoning districts in subsection (2) of this section, multiple construction project signs shall not be permitted and shall be subject to removal by the city. (Ord. of 5-3-2010, § 17(b)) Sec. 26-494. Display of construction project and real estate signs on the same lot. In all zoning districts, on lots of 80,000 square feet or less, there shall be no more than two real estate and/or construction project signs displayed § 26-492 SOUTH BURLINGTON CITY CODE CD26:60 DR A F T simultaneously. On lots in nonresidential zoning districts exceeding 80,000 square feet, no more than three real estate and/or construction project signs may be displayed simultaneously. (Ord. of 5-3-2010, § 17(c)) Secs. 26-495—26-511. Reserved. DIVISION 6. ESTABLISHMENTS SELLING GASOLINE Sec. 26-512. Wall signs. For establishments selling gasoline, wall signs may be attached to the principal building and, if applicable, to a structural canopy. There shall be no more than two wall signs on a principal building with the total area of all wall signs on the principal building not to exceed 15 percent of the gross façade area of the principal building. (Ord. of 5-3-2010, § 22(a)) Sec. 26-513. Structural canopies. There shall be no more than four advertising and/or brand identification signs attached to each structural canopy on each lot, with no more than one such sign attached to each face of a structural canopy and no individual sign to exceed 15 square feet. Internal illumination of structural canopies shall be permitted and shall not constitute a sign. (Ord. of 5-3-2010, § 22(b)) Sec. 26-514. Signs necessary to operations. There shall be no limit on the total number of signs necessary for the operation of the establishment attached to a structural canopy and gasoline pumps, including such signs as "restrooms," "self-service," or "air," provided no individual sign exceeds six square feet. The foregoing notwithstanding, however, any such sign including the name and/or logo of the business to which it is attached, other than names or logos integral to a gasoline pump, shall count as a wall or structural canopy sign and shall be subject to the applicable provisions of this division and chapter. (Ord. of 5-3-2010, § 22(c)) § 26-514SIGNS CD26:61 DR A F T Sec. 26-515. Freestanding signs. For establishments selling gasoline, there shall be no more than one freestanding sign per lot. If a price sign is included as part of the freestanding sign, such establishments may add up to 12 square feet to the freestanding sign allowance otherwise applicable to the lot. Such price signs must be an integral part of the one allowed freestanding sign. The permitted area of the base or support structure of the freestanding sign shall be based on the maximum area of the freestanding sign applicable to the lot, excluding the additional 12-square-foot allowance for signs that include a price sign. (Ord. of 5-3-2010, § 22(d)) Sec. 26-516. Total square footage. The total square footage of all signs on the lot, including point-of-purchase signs on gasoline pumps, but excluding signs identified in section 26-514, shall not exceed 100 square feet. (Ord. of 5-3-2010, § 22(e)) Sec. 26-517. Outdoor display of products for sale prohibited; excep- tions. The outdoor display of products for sale shall be prohibited, with the exception of vehicle tires, ice and/or propane. (Ord. of 5-3-2010, § 22(f)) Sec. 26-518. Signs outside principal building. Temporary signs outside the principal building shall be permitted as per article VII of this chapter. (Ord. of 5-3-2010, § 22(g)) Secs. 26-519—26-531. Reserved. ARTICLE V. REGULATIONS BY DISTRICT DIVISION 1. GENERALLY Secs. 26-532—26-544. Reserved. § 26-515 SOUTH BURLINGTON CITY CODE CD26:62 DR A F T DIVISION 2. DORSET STREET/CITY CENTER SIGN DISTRICT Sec. 26-545. Purpose. (a) There is hereby designated and created the Dorset Street/City Center Sign District, the boundaries of which are shown on a plan entitled, "Dorset Street/City Center Sign District," dated July 22, 1998, which plan is incorporated into and made a part of this chapter as section 26-9. (b) This special sign district is designated to reflect the long-term goal of the city to develop Dorset Street and the City Center area as an attractive mixed-use, well-designed, integrated focal point for the city. The area is to be a primarily residential, office, retail and municipal core for the city. This special sign district is also intended to promote the intended pedestrian orientation for the future of the district as well as to ensure pedestrian and traffic safety, to encourage the effectiveness and clarity of sign communica- tion, and to maintain and enhance the aesthetic quality within the district. (Ord. of 5-3-2010, § 6(a)) Sec. 26-546. Standards for design review. The erection, alteration or relocation of any sign, except for temporary, window and exempt signs, located within the Dorset Street/City Center Sign District, as depicted on the above-referenced plan, shall require design approval by the city design review committee and development review board. Such design approval shall be required prior to issuance of a sign permit by the code officer. In reviewing an application for design approval, the design review committee and development review board shall consider the follow- ing: (1) Consistent design. The design of a sign shall consider and be compat- ible and harmonious with the design of buildings on the property and nearby. The design of all signs on a property shall promote consistency in terms of color, graphic style, lighting, location, material and proportions. (2) Promote city center goals. Signs shall be designed and located in a manner which reinforces and respects the overall stated goals of the sign district and city center plan, including a high aesthetic quality and pedestrian orientation. § 26-546SIGNS CD26:63 DR A F T (3) Color and texture. The color and texture of a sign shall be compatible and harmonious with buildings on the property and nearby. The use of a maximum of three predominant colors is encouraged to provide consistent foreground, text and background color schemes. (4) Materials used. Signs shall be designed and constructed of high- quality materials complimentary to the materials used in the build- ings to which the signs are related. (Ord. of 5-3-2010, § 6(b)) Sec. 26-547. Directory signs. In the Dorset Street/City Center Sign District, the city will establish a uniform directory sign system to be constructed and maintained by the city in the public right-of-way at designated locations and designed to serve businesses, offices and entities which share a curb cut, building or group of buildings. All businesses, offices, services, agencies and entities which share an entry or property are entitled to participate in this system for a fee as established and adopted by the city council and included as part of the schedule for permit fees. The fee will cover the initial cost of sign panel fabrication for the individual entity, as well as an appropriate percentage of the maintenance and management costs for the directory sign. Any business or entity participating in this directory sign system is allowed to do so without losing any of its total permissible sign area. Signs on this directory, therefore, will be in addition to the allowable sign area for the participating business or entity. (Ord. of 5-3-2010, § 6(c)) Sec. 26-548. Entry signs. In the Dorset Street/City Center Sign District, entry signs which contain the words "enter" or "exit" and/or related/similar wording are permitted as ground-mounted or post-mounted signs and are not to exceed three square feet. Included on these signs may be a reference to a business or office or building only where that business is not directly served by a curb cut at the property itself and shares a curb cut with another or multiple businesses or entities, and when this circumstance occurs the total area of one side may not exceed four square feet. Such entry signs shall be allowed in addition to § 26-546 SOUTH BURLINGTON CITY CODE CD26:64 DR A F T permitted freestanding and directional signs for the property. It is also desirable to coordinate lettering and design of these signs with the overall signage for the property it serves. (Ord. of 5-3-2010, § 6(d)) Sec. 26-549. Establishments selling gasoline. Establishments selling gasoline located within the Dorset Street/City Center Sign District shall be subject to all provisions of division 6 of article IV of this chapter, and also shall be subject to the design review standards of this division. (Ord. of 5-3-2010, § 6(e)) Secs. 26-550—26-576. Reserved. ARTICLE VI. REGULATIONS BY ZONING CLASSIFICATION DIVISION 1. GENERALLY Secs. 26-577—26-600. Reserved. DIVISION 2. RESIDENTIAL AREAS Sec. 26-601. Nonresidential uses in residential zoning districts. There shall be no signs in a residential district (as so classified under the city's land development regulations as presently in force or hereafter adopted and amended from time to time), except that one sign may be erected and maintained for a lot on which a valid nonresidential use exists under city's land development regulations, provided that the sign does not exceed 20 square feet, or 30 square feet when located on a lot having frontage on Airport Drive, or 40 square feet when located on a lot of at least two acres having frontage on Dorset Street or Hinesburg Road within the southeast quadrant (SEQ) zoning district. (Ord. of 5-3-2010, § 13(a)) § 26-601SIGNS CD26:65 DR A F T Sec. 26-602. Multi-tenant or multi-building complexes located partially within the R7-NC zoning district. For purposes of this chapter only and notwithstanding section 26-601, multi-tenant buildings or multi-building structures under common manage- ment and ownership which are located wholly or partially within the R7-NC zoning district, and which have more than one approved curb cut onto a public roadway, shall be considered to be in a nonresidential zoning district irrespective of the zoning of the portion of the property lying outside the R7-NC zoning district. (Ord. of 5-3-2010, § 13(b)) Sec. 26-603. Educational facilities in the Residential 4 and SEQ zoning districts. Notwithstanding section 26-601, a public or private educational facility accredited by the state to provide elementary or secondary education may erect and maintain one freestanding sign in the Residential 4 and SEQ zoning districts with a sign area of up to 32 square feet, which may include a changeable message area consistent with the provisions of section 26-219(5). (Ord. of 5-3-2010, § 13(c)) Sec. 26-604. Home occupations. Notwithstanding any provision herein to the contrary, a sign identifying a home occupation as defined by the city's land development regulations as presently in force or amended from time to time in a residential district shall not exceed two square feet. (Ord. of 5-3-2010, § 13(d)) Sec. 26-605. Bed and breakfast establishments. Notwithstanding any provision herein to the contrary, a sign identifying a bed and breakfast as defined by the city's land development regulations as presently in force or amended from time to time in a residential district shall not exceed four square feet when located on a lot fronting on a street or road having a maximum posted speed limit of 25 miles per hour or less, or eight square feet when located on a lot fronting on a street or road where the maximum posted speed limit is in excess of 25 miles per hour. (Ord. of 5-3-2010, § 13(e)) § 26-602 SOUTH BURLINGTON CITY CODE CD26:66 DR A F T Sec. 26-606. Signs identifying residential complexes. Notwithstanding any provisions herein to the contrary, one identification sign not exceeding 20 square feet for purposes of identifying a single residential complex is permitted in a residential district. (Ord. of 5-3-2010, § 13(f)) Sec. 26-607. Signs identifying dental or medical clinics. Notwithstanding any provisions herein to the contrary, one identification sign not exceeding 20 square feet for purposes of identifying a dental or medical clinic is permitted in a residential district. (Ord. of 5-3-2010, § 13(g)) Secs. 26-608—26-632. Reserved. ARTICLE VII. TEMPORARY SIGNS Sec. 26-633. General compliance to article. Unless prohibited elsewhere in this chapter, a business establishment or other entity shall be allowed one temporary sign in accordance with this article. (Ord. of 5-3-2010, § 19(intro. ¶)) Sec. 26-634. Reader boards, etc., permitted. No reader boards or similar such changeable wheeled signs are allowed. (Ord. of 5-3-2010, § 19(a)) Sec. 26-635. A-frame, sandwich board signs; maximum area. Temporary A-frame or sandwich board signs up to eight feet in height and containing no more than 32 square feet in area, and banners up to 32 square feet in area which are permanently affixed for the purpose of advertising the opening of a new retail establishment or a special sales event on the lot where the signs are located, are permitted. (Ord. of 5-3-2010, § 19(b)) § 26-635SIGNS CD26:67 DR A F T Sec. 26-636. Maximum of 14 days in two-month period. Temporary signs shall be maintained for a maximum of 14 consecutive days once in every two-month period, or seven days once each calendar month. (Ord. of 5-3-2010, § 19(c)) Sec. 26-637. Maximum of five days in month. Temporary signs shall be maintained for a maximum of five days in a calendar month, provided the signs are displayed on the same day of the week for the entire month. (Ord. of 5-3-2010, § 19(d)) Sec. 26-638. Applicant not to change permit for duration of permit. Applicants for a temporary sign may choose either section 26-636 or 26-637, but shall not change their permit within the duration of the permit. (Ord. of 5-3-2010, § 19(e)) Sec. 26-639. Establishments located on parcels of two acres or more. Establishments located on parcels of two acres or more with a principal permitted business as a hotel and conference center shall be exempt from the limitations in sections 26-636 through 26-638; however, no individual temporary sign may be maintained for a period in excess of 14 consecutive days every two-month period, or seven days once each calendar month. Temporary signs in excess of those permitted in sections 26-636 through 26-638 shall be limited to signs advertising specific temporary or limited duration functions taking place on the property, and shall not be permitted for general advertising of the principal hotel or conference center function. (Ord. of 5-3-2010, § 19(f)) Sec. 26-640. Nonresidential uses in residential zoning districts. Notwithstanding section 26-635, temporary signs for nonresidential uses in residential zoning districts shall be limited to a maximum of six square feet in area, with the exception of temporary signs for places of worship in any zoning district and valid nonresidential uses on lots of at least two acres with frontage on Dorset Street or Hinesburg Road within the southeast quadrant zoning district. (Ord. of 5-3-2010, § 19(g)) § 26-636 SOUTH BURLINGTON CITY CODE CD26:68 DR A F T Secs. 26-641—26-668. Reserved. ARTICLE VIII. OTHER REQUIREMENTS DIVISION 1. GENERALLY Secs. 26-669—26-694. Reserved. DIVISION 2. GENERAL SIGN REQUIREMENTS Sec. 26-695. Applicability to article. The requirements of this article shall apply to all signs. (Ord. of 5-3-2010, § 20(intro. ¶)) Sec. 26-696. No signs within public road rights-of-way. No permanent or temporary sign, including, but not limited to, signs for real estate sales, product or service advertisement, and political advertise- ments, other than those required for governmental purposes, shall be located within a public road right-of-way. (Ord. of 5-3-2010, § 20(a)) Sec. 26-697. Maintenance. All signs and other advertising structures, together with all their supports, braces, guys and anchors, shall be of substantial and sturdy construction, shall be kept in good repair, and shall be painted or cleaned as often as necessary to maintain a clean, neat, safe and orderly appearance. (Ord. of 5-3-2010, § 20(b)) Sec. 26-698. Wind pressure and dead load requirements. Any sign or advertising structure, as defined in this chapter, shall be designed and constructed to withstand wind pressures and receive dead loads as required by recognized engineering and construction practices in the city. (Ord. of 5-3-2010, § 20(c)) § 26-698SIGNS CD26:69 DR A F T Sec. 26-699. Obstruction to doors, windows or fire escapes. No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape. No sign shall be attached to a standpipe or fire escape. (Ord. of 5-3-2010, § 20(d)) Sec. 26-700. Signs not to constitute traffic hazards. In order to secure and maintain reasonable traffic safety, it shall be unlawful for any person to erect or maintain any sign containing reflective materials or any animated sign or action sign as defined in this chapter. No sign shall be erected or maintained in such a manner as to obstruction free and clear vision or so as to distract the attention of the driver of any vehicle by reason of the position, shape or color thereof. Pursuant to the foregoing, no sign shall be erected or maintained in such a manner as to be likely to interfere with, obstruct the view of, or be confused with, any authorized traffic sign, signal or device. Accordingly, no sign or other advertising structure shall make use of the words "stop," "go," "look," "slow," or "danger," or any other similar phrase, symbol, or character, or apply any color in such a manner as to interfere with, mislead, or confuse traffic. (Ord. of 5-3-2010, § 20(e)) Sec. 26-701. Projecting images. No person or establishment shall project light, logos or images into any area visible from a public sidewalk or right-of-way. (Ord. of 5-3-2010, § 20(f)) Sec. 26-702. Design standards for all signs. Signs shall be designed and constructed in such manner and of such materials as to be consistent with the following design standards unless the applicant can establish to the satisfaction of the code officer, that any standards which are not met are inapplicable, unnecessary, or would create an extraordinary and unreasonable hardship: (1) No sign shall be located on a tree, or painted or drawn upon a rock, lawn, or the ground, excluding permitted landscape feature signs as provided herein. § 26-699 SOUTH BURLINGTON CITY CODE CD26:70 DR A F T (2) All signs, and the standards and posts supporting them, shall be of substantial and sturdy construction. Break-away standards and posts are permitted if of substantial and study construction. (3) Signs shall not dominate the lot on which they stand or the building to which they are attached, but shall be compatible with same. (4) Signs shall contain a minimum amount of lettering which shall be clearly visible to the public without being distracting to motorists. (Ord. of 5-3-2010, § 20(g)) Sec. 26-703. Visibility from limited access facility prohibited. No sign may be erected if it is so located as to be primarily readable from a limited access facility, as defined in V.S.A. title 19. (Ord. of 5-3-2010, § 20(h)) Sec. 26-704. Pornographic or lewd signs prohibited. No display of pornographic or lewd signs shall be permitted. (Ord. of 5-3-2010, § 20(i)) Sec. 26-705. Attachment to handrail or fence prohibited. No sign shall be affixed to a handrail or fence. (Ord. of 5-3-2010, § 20(j)) Sec. 26-706. Attachment to water supply tanks prohibited. No sign shall be attached to a water supply tank, and no sign shall be painted on a water supply tank except for governmental or operational identifications or notices, which are to be as minimal in size as practicable. (Ord. of 5-3-2010, § 20(k)) Sec. 26-707. Attachment to utility cabinets prohibited. No sign shall be attached to a utility cabinet other than identification or required operational signs installed by the owner of the cabinet. No advertising signs shall be installed on any cabinet. (Ord. of 5-3-2010, § 20(l)) § 26-707SIGNS CD26:71 DR A F T Sec. 26-708. Off-premises signage not permitted. Off-premises signage shall not be permitted. (Ord. of 5-3-2010, § 20(m)) Sec. 26-709. Use of parked motor vehicles to display signs prohibited. (a) The use of parked or stationary motor vehicles to display temporary signs, such as, but not limited to, stickers, banners, drapes, and placards, for advertising purposes, shall be prohibited. (b) For purposes of this section, the term "temporary signs" means and includes, but is not to be limited to, those signs that would not remain affixed to the vehicle when the vehicle is moving, or that would constitute a hazard to safe operation of the vehicle, and other similar cases as determined by the code officer. (Ord. of 5-3-2010, § 20(n)) Secs. 26-710—26-731. Reserved. DIVISION 3. LIGHTING Sec. 26-732. General compliance to use and placement of fixtures. Except as provided elsewhere in this chapter, indirect or interior lighting may be used to illuminate any sign, provided that the source of light shall concentrate the illumination upon the area of the sign so as to prevent glare upon the street or adjacent property. Except in the Dorset Street/City Center Sign District, fixtures should not be placed any nearer than five feet to the property line. (Ord. of 5-3-2010, § 21(a)) Sec. 26-733. Luminescent elements to be shielded from direct view. It shall be unlawful for any person to erect, alter, maintain or relocate any sign employing the use of luminescent lights as defined in this chapter, except where such luminescent elements are shielded from direct view by a separate translucent material. (Ord. of 5-3-2010, § 21(b)) § 26-708 SOUTH BURLINGTON CITY CODE CD26:72 DR A F T Sec. 26-734. Illumination at night. No sign of any kind shall be left illuminated after 10:00 p.m. in any residential zoning district, and no sign of any kind shall be left illuminated after 12:00 midnight in any nonresidential zoning district unless the premises are open for business after 12:00 midnight, in which case no sign of any kind shall be left illuminated after the premises are closed for business. Notwithstanding the above, a wall sign may be left illuminated, if the code officer determines that it is necessary for the protection of the property from theft or vandalism, and such determination is made a part of the permit. (Ord. of 5-3-2010, § 21(c)) Sec. 26-735. String lighting. String lighting shall not be allowed, except for a non-permanent, seasonal or charitable business with permit by code officer. (Ord. of 5-3-2010, § 21(d)) Sec. 26-736. Dorset Street/City Center Sign District internally illuminated signs. In the Dorset Street/City Center Sign District, internally illuminated signs shall utilize opaque backgrounds and translucent letters, logos and/or graphics, so as to ensure that the lettering, logos and/or graphics are illuminated rather than the background. Translucent backgrounds utilizing dark colors may be used with white, clear or other light translucent letters, logos and/or graphics, provided the design review committee determines that the effect will be consistent with the intent of this provision. (Ord. of 5-3-2010, § 21(e)) Sec. 26-737. Illumination of flags. The illumination of flags must conform to the provisions of the city's land development regulations regarding nighttime illumination of governmental flags. No other upward illumination of flags is permitted. (Ord. of 5-3-2010, § 21(f)) § 26-737SIGNS CD26:73 DR A F T Sec. 26-738. Integrated neon, LED, fiber optic lighting; exposed neon lighting. The use of integrated neon, LED and fiber optic lighting to illuminate signs shall be permitted, provided the light source is covered with a clear, translucent or opaque material so that the light source is diffused, and no glare is reflected. Exposed neon lighting shall not be permitted. (Ord. of 5-3-2010, § 21(g)) Sec. 26-739. Fixtures not to include bare bulbs; exception. Except as provided in section 26-738, fixtures shall not include bare bulbs, and fixtures shall not make bare bulbs or other direct light sources visible to persons viewing a sign. (Ord. of 5-3-2010, § 21(h)) § 26-738 SOUTH BURLINGTON CITY CODE CD26:74 DR A F T Chapter 27 RESERVED CD27:1 DR A F T DR A F T Chapter 28 SOLID WASTE* (RESERVED) *State law references—Solid waste management, 10 V.S.A. § 6601 et seq.; rubbish and garbage, 24 V.S.A. § 2201 et seq.; authority to regulate the storage, collection and disposal of solid waste, 24 V.S.A. § 2291(12). CD28:1 DR A F T DR A F T Chapter 29 RESERVED CD29:1 DR A F T DR A F T Chapter 30 SPECIAL ASSESSMENTS* (RESERVED) *Charter reference—Power to adopt and enforce ordinances relating to making and installation of local improvements, § 13-104. State law references—Special assessments, 24 V.S.A. § 3251 et seq.; power to authorize public improvements by majority vote in special meeting, 24 V.S.A. § 1788. CD30:1 DR A F T DR A F T Chapter 31 RESERVED CD31:1 DR A F T DR A F T Chapter 32 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES* Article I. In General Secs. 32-1—32-18. Reserved. Article II. Street Naming and Addressing Sec. 32-19. Authority. Sec. 32-20. Purpose. Sec. 32-21. Street naming. Sec. 32-22. General numbering system guidelines. Sec. 32-23. Specific types of properties. Sec. 32-24. Street signs. Sec. 32-25. Public notice and implementation. Sec. 32-26. Enforcement. Sec. 32-27. Civil penalties. Sec. 32-28. Waiver fee. Secs. 32-29—32-59. Reserved. Article III. Parades and Other Public Events Sec. 32-60. Purpose and authority. Sec. 32-61. Permit requirement. Sec. 32-62. Application. Sec. 32-63. Approval standards. Sec. 32-64. Approval conditions. Sec. 32-65. Exemption. Sec. 32-66. Enforcement. Sec. 32-67. Waiver fee. Sec. 32-68. Other relief. Secs. 32-69—32-94. Reserved. Article IV. Use of Streets, Sidewalks and Other Public Places Sec. 32-95. Purpose and authority. Sec. 32-96. General definitions. *Charter references—Authority to acquire property for sidewalks, bicycle paths, etc., § 13-103(b); authority to adopt ordinances relating to local improvements including curbs, sidewalks etc., § 13-104(1). State law references—Trains obstructing street crossings, 5 V.S.A. § 3587; littering streets prohibited, 13 V.S.A. § 302. CD32:1 DR A F T Sec. 32-97. Private use of public streets, sidewalks, and public spaces. Sec. 32-98. Enforcement. Sec. 32-99. Waiver fee. Sec. 32-100. Other relief. Secs. 32-101—32-160. Reserved. Article V. Trees on Public Property Sec. 32-161. Purpose and authority. Sec. 32-162. Definitions. Sec. 32-163. Functions of city arborist and city tree board. Sec. 32-164. Protection of city trees. Sec. 32-165. Removal of city trees. Sec. 32-166. Obstruction of streets and sidewalks. Sec. 32-167. Dead, diseased, or injured trees on private property. Sec. 32-168. Appeals. Sec. 32-169. Enforcement. Sec. 32-170. Waiver fee. Sec. 32-171. Other relief. SOUTH BURLINGTON CITY CODE CD32:2 DR A F T ARTICLE I. IN GENERAL Secs. 32-1—32-18. Reserved. ARTICLE II. STREET NAMING AND ADDRESSING* Sec. 32-19. Authority. The ordinance from which this article is derived is enacted pursuant to the authority granted the city to promote the public health, safety, welfare, and convenience contained in 24 V.S.A. §§ 2291 and 4421. The ordinance from which this article is derived shall be a civil ordinance within the meaning of 24 V.S.A. ch. 59. (Ord. of 6-7-1999, § 1) Sec. 32-20. Purpose. It is the purpose of this article to assist in the delivery of efficient emergency response services within the city and to provide a system for the naming of streets and the numbering of buildings located on streets within the city. (Ord. of 6-7-1999, § 2) Sec. 32-21. Street naming. (a) Distinct name. Every street, whether public or private, shall be designated by a distinct and separate name as determined by the planning commission. The planning commission may solicit input on the naming of streets from the public, the police, fire and rescue departments of the city, and the planning and zoning department. (b) Existing streets. Each street in existence as of January 5, 1998, shall bear its present name, provided that name is not deceptively similar to the name of any other street. *State law references—Authority to name and number streets, 24 V.S.A. § 2291(16); authority to rename and renumber streets during subdivision approval procedure, 24 V.S.A. § 4463. § 32-21STREETS, SIDEWALKS, OTHER PUBLIC PLACES CD32:3 DR A F T (c) New streets. All proposed new streets shall bear a provisional name at the time of application for zoning/subdivision approval as designated by the developer. Notwithstanding the provisional name given to a street by a developer, the planning commission shall make the final determination of the name of each new street created. (d) Renaming streets. If the planning commission determines that two or more streets have deceptively similar names or that their names may interfere with public safety or welfare, it may change the name of one or more of the streets. Before changing the name of a street, the planning commission shall publish a list of the street names that it proposes to change and hold a public hearing thereon. (Ord. of 6-7-1999, § 3) Sec. 32-22. General numbering system guidelines. (a) Assignment. (1) The city council, or its designee, shall assign to all buildings within the city a street number consistent with this article. (2) No building permit shall be issued for a new structure without the designation thereon of the street number for the new structure. (b) Systems. (1) All new roads to be given an official name by the planning commission shall be measured in increments of 5.28 feet (5,280 feet per mile). This increment allows for 1,000 uniquely numbered addresses per mile of length of road. Odd numbers shall be assigned to the left side of the road and even numbers to the right side of the road. For example, firefighters responding to 490 on a new street would know that they would have to travel approximately one-half mile down the street to find that location. (2) All numbers shall be established based on the frontage of the main entrance. (c) Posting. All numbers shall be properly affixed on or near the front entrance or in some other manner visible from the street. The numbers must be easily legible figures not less than three inches high and in a color contrasting to the building background. (Reflective numbers are recom- mended by the police and fire departments.) The U.S. Postal Service requires § 32-21 SOUTH BURLINGTON CITY CODE CD32:4 DR A F T correct, easily legible numbers which are not obscured by anything. The homeowner is responsible for the numbers on the house or unit. If a house is not visible from the road, it needs a number at the end of the driveway nearest the road entrance. This may be a mailbox or post with numbers affixed. (Ord. of 6-7-1999, § 4) Sec. 32-23. Specific types of properties. (a) An apartment house is a building under one ownership in which the rooms are arranged and rented as apartments. Apartment houses shall be numbered as follows: The apartment house shall be given one street number and each individual apartment shall be given an apartment number. For example, 31 Maple Street, Apt. 1, Apt. 2, etc. (b) A commercial complex is a building or buildings under one ownership used for commerce or industrial use. Commercial complexes shall be numbered as follows: Each building shall be given its own street number, and each unit shall be given its own unit or suite number. For example, 22 Dorset Street, Suite 1. Where there are multiple roads in a complex, each road shall be named and each building shall be given its own number. In the case of commercial condominiums, each separately owned unit in the building should have a unit number and further leased/division should be given a letter. For example, 22 Dorset Street, Suite 1, Unit A. (c) A combined commercial and apartment complex is a building or buildings used for commercial use in which there is also apartments. Combined commercial and apartment complexes shall be numbered as follows: Each building shall be given its own street number, each commercial unit shall be given a respective unit or suite number and each apartment a respective apartment number. At no time shall a unit or apartment be given the same numbers. For example: 58 Dorset Street, Unit 1 (first floor business) 58 Dorset Street, Apt. 3 (third floor). (d) A duplex apartment is an apartment with rooms on two floors and a private inner stairway. Duplex apartments shall be numbered as follows: Each building shall be given its own street number and each apartment within that building shall be given its own apartment number. For example, 4 Pine Street, Apt. 1 and 4 Pine Street, Apt. 2. § 32-23STREETS, SIDEWALKS, OTHER PUBLIC PLACES CD32:5 DR A F T (e) A duplex house is a dwelling consisting of two separate family units that is separated from the adjoining unit by a wall that extends from ground to floor. Duplex houses shall be numbered as follows: Each family unit shall be given its own street number. For example, 5 Maple Street, 7 Maple Street. (f) A residential condominium complex is a building with individual separately owned units in a multi-unit structure usually with land owned in common. Residential condominium complexes shall be numbered as follows: Each condominium road shall be given a road name and each condominium unit within the complex shall be given its own street number. For example, 2 Green Willow (Timber Creek Complex). (g) Single-family dwelling. A detached single-family house shall be given its own street number. For example, 14 Patchen Road. (h) Single-family unit with an apartment. A detached single-family house with an apartment shall be numbered as follows: Each single-family dwelling unit shall be given a street number and each apartment shall use that street number along with a respective apartment number. For example, 37 Cherry Street, 37 Cherry Street, Apt. 1. (Ord. of 6-7-1999, § 5) Sec. 32-24. Street signs. (a) The city council upon adoption of the ordinance from which this article is derived shall institute a program for the installation and maintenance of street name signs in accordance with the names established by this article. All signs shall be installed and maintained to the highest degree possible allowed by budget considerations. (b) No person shall vandalize (steal, deface, or destroy) any public signs within the city. (Ord. of 6-7-1999, § 6) Sec. 32-25. Public notice and implementation. (a) The city, in cooperation with the U.S. Postal Service, shall make reasonable efforts to assure that each property owner/occupant is notified of the name of the street and the number assigned to the owner's/occupant's building pursuant to this article. The city shall also post a public notice of the § 32-23 SOUTH BURLINGTON CITY CODE CD32:6 DR A F T street names and number designations for each building in the city within 30 days of the date of implementation of the ordinance from which this article is derived. (b) Within 60 days from the date of the receipt of the notice referred to above, the owner of each building shall comply with this article. (Ord. of 6-7-1999, § 7) Sec. 32-26. Enforcement. (a) Any person who violates a provision of this article shall be subject to civil penalties as set forth in section 32-27 for each day that such violation continues. (b) The city manager shall be authorized to act as the issuing municipal official to issue and pursue before the traffic and municipal ordinance bureau a municipal complaint. (Ord. of 6-7-1999, § 8) Sec. 32-27. Civil penalties. The issuing municipal official is authorized to recover a civil penalty of $100.00 for each violation of section 32-22 or a civil penalty of $500.00 for each violation of section 32-24. (Ord. of 6-7-1999, § 10) Sec. 32-28. Waiver fee. The issuing municipal official is authorized to recover a waiver fee of $50.00 for a violation of section 32-22 or a waiver fee of $350.00 for a violation of section 32-24 for any person who declines to contest a municipal complaint and pays the waiver fee. (Ord. of 6-7-1999, § 9) Secs. 32-29—32-59. Reserved. ARTICLE III. PARADES AND OTHER PUBLIC EVENTS Sec. 32-60. Purpose and authority. (a) The ordinance from which this article is derived is adopted by the city council under authority conferred by 24 V.S.A. § 2291 and sections 13-103 and 13-104 of the Charter. § 32-60STREETS, SIDEWALKS, OTHER PUBLIC PLACES CD32:7 DR A F T (b) It is the purpose of this article to regulate the use of city highways for the protection of the public health, safety, welfare, and convenience, and to maintain safe and efficient pedestrian and automotive traffic movement. (c) The ordinance from which this article is derived shall constitute a civil ordinance within the meaning of 24 V.S.A. ch. 59. (Ord. of 4-17-2017(3), § 1) Sec. 32-61. Permit requirement. No group of persons containing ten or more persons or vehicles may parade, gather, demonstrate, race (by foot or vehicle) or march through, within, or across the traveled portion of any roadway or sound any musical instrument or sound amplification device while so parading, gathering, demonstrating, racing, or marching without the prior written approval of the city manager. (Ord. of 6-17-1991, § 1; Ord. of 4-17-2017(3), § 2) Sec. 32-62. Application. (a) Application for a parade permit shall be made to the city manager. (b) The application shall be filed with the city manager at least ten business days prior to the scheduled parade, which application shall be accompanied by payment of a permit application fee. (c) The city manager may waive the notice requirement of this section when, in his judgment, extenuating and unusual circumstances exist and strict adherence to the notice requirement would work a hardship on the applicant. (d) The city council shall set the parade permit application fee by resolution as the city council, from time to time, deems appropriate. (Ord. of 6-17-1991, § 2; Ord. of 4-17-2017(3), § 3) Sec. 32-63. Approval standards. The city manager shall approve the parade permit application and grant a parade permit, unless he shall find and determine: (1) Another parade or public event has been previously scheduled for the time requested; § 32-60 SOUTH BURLINGTON CITY CODE CD32:8 DR A F T (2) The parade is requested for a time or place which would result in severe traffic congestion or interfere with the quiet of a neighborhood during normal sleeping hours; or (3) The request fails to comply with the requirements of other city ordinances then in effect. (Ord. of 6-17-1991, § 3; Ord. of 4-17-2017(3), § 4) Sec. 32-64. Approval conditions. (a) In acting upon such parade permit application, the city manager shall take into consideration recommendations made by the police chief, director of public works, fire chief, and city health officer with respect to traffic control, street and sidewalk use, marshalling and dispersal areas, event times, crowd control, sanitation, emergency services, and protection of persons and property. In granting a parade permit, the city manager may impose conditions thereto, including, but not limited to: (1) Time and route of march; (2) Marshalling and dispersal areas; (3) Sanitation; (4) Provision of public notice through publication; (5) The manner by which the route will be marked, if at all; (6) Such other conditions as are necessary to protect public safety and welfare and to minimize the parade's effect on pedestrian and vehicular traffic. (b) In addition to the conditions which may be imposed under subsection (a) of this section, the city manager may impose as a condition to granting a parade permit application the hiring of additional police officers for crowd control, traffic control and protection of persons and property, the cost of which shall be borne by the parade applicant and shall be charged at the customary rate of pay for city police officers, which charges shall be paid in advance or secured through a bond payable to the city. (Ord. of 6-17-1991, § 4; Ord. of 4-17-2017(3), § 5) § 32-64STREETS, SIDEWALKS, OTHER PUBLIC PLACES CD32:9 DR A F T Sec. 32-65. Exemption. The provisions of this article relating to a parade permit application fee shall not apply in the case of parades involving and sponsored by a local school and may be waived for parades honoring and observing Memorial Day, Veterans Day, Bicentennial Celebration, and Independence Day. (Ord. of 6-17-1991, § 5; Ord. of 4-17-2017(3), § 6) Sec. 32-66. Enforcement. (a) Any person who violates a provision of this article or who violates any condition of a permit issued hereunder shall be subject to a violation which shall be punishable as a civil violation pursuant to section 1-14. (b) City police officers shall be authorized to act as issuing municipal officials to issue and pursue before the judicial bureau a municipal complaint. A municipal complaint may, at the discretion of the issuing municipal official, be dismissed upon the successful completion of a restorative justice program through the city's community justice center. (Ord. of 6-17-1991, § 6; Ord. of 4-17-2017(3), § 7) Sec. 32-67. Waiver fee. An issuing municipal official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amount, for any person who declines to contest a municipal complaint and pays the waiver fee: Waiver Fees - Parades and Other Public Events First offense $100.00 Second offense $250.00 Third offense $400.00 Fourth offense $550.00 Fifth and subsequent offenses $700.00 (Ord. of 4-17-2017(3), § 8) Sec. 32-68. Other relief. (a) 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. § 32-65 SOUTH BURLINGTON CITY CODE CD32:10 DR A F T (b) A parade permit may be revoked by the city manager without reimbursement of any fee for: (1) Misrepresentation on an application; (2) Violation of the provisions of this article or other city ordinances; or (3) Where there is a risk to public health or safety. (c) Any revocation pursuant to this section may be appealed to the city council by filing a notice thereof with the clerk of the council within ten business days of such revocation. (Ord. of 4-17-2017(3), § 9) Secs. 32-69—32-94. Reserved. ARTICLE IV. USE OF STREETS, SIDEWALKS AND OTHER PUBLIC PLACES Sec. 32-95. Purpose and authority. (a) It is the purpose of this article to regulate the placement and use of private structures on streets and sidewalks and other public spaces in the city. (b) The ordinance from which this article is derived is enacted pursuant to the authority granted to the city to promote the public health, safety, welfare, and convenience contained in 24 V.S.A. § 2291 and sections 13-103 and 13-104 of the Charter. (c) The ordinance from which this article is derived shall be a civil ordinance within the meaning of 24 V.S.A. ch. 59. (Ord. of 4-17-2017(4), § 1) Sec. 32-96. General definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Structure means any assembly of goods and materials intended for temporary or permanent use or occupancy, including, but not limited to, bicycle racks, tables, chairs, access ramps, rails, partitions and vending machines. (Ord. of 4-17-2017(4), § 2) § 32-96STREETS, SIDEWALKS, OTHER PUBLIC PLACES CD32:11 DR A F T Sec. 32-97. Private use of public streets, sidewalks, and public spaces. No person shall place, erect or maintain any structure within any public right-of-way, sidewalk, street, or public space within the city without a permit therefor issued by the city manager. The city council shall set the permit fee by resolution as the city council, from time to time, deems appropriate. (Ord. of 4-17-2017(4), § 3) Sec. 32-98. Enforcement. (a) Any person who violates a provision of this article or who violates any condition of a permit issued hereunder shall be subject to a violation which shall be punishable as a civil violation pursuant to section 1-14. (b) The code officer shall be authorized to act as the issuing municipal official to issue and pursue before the judicial bureau a municipal complaint. (c) A municipal complaint may, at the discretion of the issuing municipal official, be dismissed upon the successful completion of a restorative justice program through the city community justice center. (Ord. of 4-17-2017(4), § 4) Sec. 32-99. Waiver fee. An issuing municipal official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amount, for any person who declines to contest a municipal complaint and pays the waiver fee: Waiver Fees - Streets, Sidewalks and Other Public Places First offense $100.00 Second offense $250.00 Third offense $400.00 Fourth offense $550.00 Fifth and subsequent offenses $700.00 (Ord. of 4-17-2017(4), § 5) Sec. 32-100. Other relief. (a) 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. § 32-97 SOUTH BURLINGTON CITY CODE CD32:12 DR A F T (b) A permit issued hereunder may be revoked by the city manager without reimbursement of any fee for: (1) Misrepresentation on an application; (2) Violation of the provisions of this article or other city ordinances; or (3) Where there is a risk to public health or safety. (c) Any revocation pursuant to this section may be appealed to the city council by filing a notice thereof with the clerk of the council within ten business days of such revocation. (Ord. of 4-17-2017(4), § 6) Secs. 32-101—32-160. Reserved. ARTICLE V. TREES ON PUBLIC PROPERTY* Sec. 32-161. Purpose and authority. (a) It is the purpose of this article to promote and protect the public health, safety and general welfare of the citizens of the city by providing for the regulation of planting, maintenance, protection, and removal of trees and shrubs on public streets, parks, and city-owned properties. (b) This article also establishes the office of city arborist in the department of public works and provides for the formation of a city tree board. (c) The ordinance from which this article is derived is enacted by the city council under the authority of 24 V.S.A. § 2291(3) and section 13-104 of the Charter. (d) The ordinance from which this article is derived shall constitute a civil ordinance within the meaning of 24 V.S.A. ch. 59. (Ord. of 11-17-2008, § I; Ord. of 1-3-2017(2), § 1) *State law reference—Authority to provide for location protection, etc., of trees, plants and shrubs, etc., 24 V.S.A. § 2291(3). § 32-161STREETS, SIDEWALKS, OTHER PUBLIC PLACES CD32:13 DR A F T Sec. 32-162. Definitions. The following terms and phrases, when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning: Arboricultural specifications and standards of practice means a manual developed and maintained by the city arborist and the city tree board that contains the standards and specifications for the planting, maintenance, protection and removal of all city trees. Caliper means the diameter in inches of a tree trunk that is taken six inches above the ground for up to and including four-inch caliper size, and 12 inches above the ground for larger sizes. City tree means any tree or shrub for which any part of the trunk at four feet, six inches from the finished grade at the base of the tree or shrub is located in any city-owned property, city park, or city highway, street or right-of-way. Critical root zone means the area around the trunk of a tree circumscribed by a radius of one foot per inch of DBH. Diameter breast height (DBH) means the diameter of tree trunks measured at a height of four feet, six inches from the finished grade at the base of the tree. § 32-162 SOUTH BURLINGTON CITY CODE CD32:14 DR A F T Drip line means an imaginary vertical line which extends from the outermost branches of a tree's canopy to the ground. Topping means the severe cutting back of limbs to stubs within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. (Ord. of 11-17-2008, § II; Ord. of 1-3-2017(2), § 2) Trunk Measurement Note: 4'6" = 1.37 meters § 32-162STREETS, SIDEWALKS, OTHER PUBLIC PLACES CD32:15 DR A F T Sec. 32-163. Functions of city arborist and city tree board. (a) The office of city arborist is hereby established in the department of public works. The city arborist shall have the authority to issue or deny permits for planting, maintenance, removal, pruning, and protection of city trees, as authorized. It shall also be his duty to supervise or inspect all work done under a permit issued in accordance with the terms of this article. (b) The city arborist, in consultation with and approval by the city tree board, shall have the authority to adopt a manual of arboricultural specifica- tions and standards of practice. These regulations shall govern specific practices and protocols for the planting, maintenance, removal, pruning, and protection of city trees and shall include a list of approved street and park tree species. (c) It shall be a violation of this article for any person to prevent, delay, or interfere with the city arborist or his/her agents in the execution or enforcement of any of the provisions of this article. (d) The purpose of the city tree board shall be to work in cooperation with the city arborist to promote responsible planting, maintenance, and care of city trees and to educate the citizens of the city about the benefits and requirements of the city's tree resources. Unless the city council otherwise prescribes, the city natural resource committee shall serve as the city tree board. (Ord. of 11-17-2008, § III; Ord. of 1-3-2017(2), § 3) Sec. 32-164. Protection of city trees. (a) Unless specifically authorized in writing by the city arborist, no person or agency shall do anything reasonably likely to harm a city tree, including, but not limited to, the following acts which are prohibited to any part of a city tree: cutting, carving, transplant, removal, piercing, tying, girdling, topping, burning, charring, poisoning, painting, marking, contacting with a harmful substance, or attaching any foreign object (such as, but not limited to, rope, wire, nails, posters). (b) No person shall conduct any land development or construction activity below, at, or above grade within the critical root zone of any city tree, including, but not limited to, a prohibition of the following: placing a structure, excavation, laying a drive, walkway, or impervious surface, laying utility pipes or conduits. § 32-163 SOUTH BURLINGTON CITY CODE CD32:16 DR A F T (c) All construction, excavation, maintenance, or other site work conducted within five feet or less of the perimeter of the critical root zone of a city tree shall require the prior erection of a fence, frame, box, or other like barrier not less than four feet high around the perimeter of the critical root zone. All activity, equipment, and material shall be kept outside the barrier. (d) No person shall deposit, place, store, or maintain upon the critical root zone of any city tree any stone, brick, sand, concrete, or other materials which may impede the free passage of water, air, and fertilizer to the roots of said tree. (e) Upon good cause shown, the city arborist may alter or waive the foregoing restrictions. (f) This article shall not govern any emergency activity immediately necessary to prevent, treat, or minimize bodily injury or property damage. This article also shall not prohibit a person from removing a city tree that obstructs access to such person's primary residence or business property, provided that actions taken shall be the minimum necessary to afford such access and shall be carried out so as to minimize damage to city trees. Notice of any such activity affecting a city tree shall be given to the city arborist as soon as reasonably practicable, and within three calendar days of commenc- ing such activity at the latest. (Ord. of 11-17-2008, § IV; Ord. of 1-3-2017(2), § 4) Sec. 32-165. Removal of city trees. (a) No person shall plant, spray, fertilize, prune, cut, remove, replace, or otherwise disturb any city tree without first obtaining a permit from the city arborist. All work for which such permission is granted shall be performed in accordance with the arboricultural specifications and standards of practice adopted pursuant to this article. (b) Permission for removal of city trees shall require the permittee to provide suitable replacements. The value of existing city trees is to be calculated on a DBH inch-by-inch replacement basis. Replacements shall be at least two-inch caliper, nursery grown stock. For example, if an 18-inch DBH city tree is removed, the city arborist shall require replacement with nine two-inch caliper trees. The city arborist may exercise discretion to require larger than two-inch caliper replacements, to reduce the number of required replacements, and to waive the replacement of city trees required by § 32-165STREETS, SIDEWALKS, OTHER PUBLIC PLACES CD32:17 DR A F T this provision. Exercise of discretion shall be guided by the characteristics of the trees removed, including status as ornamental or shade; age and health; location; and species. (c) In cases where replacement is required, the permittee shall either: (1) Arrange for suitable replacements and completion of all necessary work to plant replacements in accordance with the arboricultural specifications and standards of practice and subject to the city arborist's approval of trees, planting methods, and completion of work; or (2) Compensate the city with monetary payment in an amount the city arborist estimates to equal the cost of replacement, including purchase, planting, maintenance, and related expenses. Funds paid to the city under this provision shall be exclusively used to defray the cost of replacement trees or to otherwise further the purpose of this article. (d) Replacement trees shall be made available for inspection by the city arborist prior to planting. A permittee shall warrant the health of all replacement trees for a period of two years after planting and shall provide further replacements in the event of death or disease. (e) City trees removed due to being in poor, dead, or diseased condition, which condition must be assessed and validated by the city arborist, shall not require replacement. (f) In the consideration of the removal of city trees, the city arborist shall exercise his judgement and discretion and all decisions by the city arborist shall be final. Factors to be considered for both assessment and, if appropri- ate, mitigation should include, but not be limited to: relative likelihood and gravity of potential property damage or bodily injury; costs of monitoring, assessing, remediation, and removing trees (including allocation of human resources, supplies, and equipment); and environmental impacts. The USDA Forest Service tree risk evaluation form (revised version for New England) may be consulted in assessing potential risk. This provision shall not apply to city trees located in areas that are primarily in a natural state. (g) Upon good cause shown, including, but not limited to, protecting city property or public health, the city arborist may alter or waive the foregoing restrictions. (Ord. of 11-17-2008, § V; Ord. of 1-3-2017(2), § 5) § 32-165 SOUTH BURLINGTON CITY CODE CD32:18 DR A F T Sec. 32-166. Obstruction of streets and sidewalks. (a) It shall be the duty of any person owning real property bordering on a public street, sidewalk, recreational path, or other public right-of-way to ensure the trees, shrubs, and other plantings on that property are maintained in a manner that will not obstruct: (1) Streetlights from illuminating street level; (2) The passage or visibility of vehicles or pedestrians; (3) Vision of traffic signs and signals; or the view of any intersection. (b) Should any person owning real property fail to comply with the provisions of subsection (a) of this section, the city arborist shall order the owner to correct such a violation within 21 calendar days of issuance of written notice. The order required herein shall be served by mailing a copy to the last known address of the property owner. (c) To the extent this section is violated by virtue of a portion of a tree, shrub, or other planting which has a drip line extending into the city's right-of-way, the city may prune back such portion extending into the right-of-way. (Ord. of 11-17-2008, § VI; Ord. of 1-3-2017(2), § 6) Sec. 32-167. Dead, diseased, or injured trees on private property. (a) It shall be the duty of any person owning real property bordering on a public street, sidewalk, recreational path, or other public right-of-way to ensure trees that are dead, diseased, or injured do not pose an unreasonable risk of property damage or bodily injury occurring within such public right-of-way. (b) Should any person owning real property fail to comply with the above provisions, the city arborist shall order the owner to correct such a violation within 21 calendar days of issuance of written notice. The order required herein shall be served by mailing a copy to the last known address of the property owner. (c) The city arborist, upon advance notice of at least three days, may enter upon land of property owners to take action with regard to insect or disease pest infestations. § 32-167STREETS, SIDEWALKS, OTHER PUBLIC PLACES CD32:19 DR A F T (d) Trees and shrubs on privately owned property may be subject to permits and approvals issued under the city land development regulations. Property owners should refer to the land development regulations, and such permits and approvals, for additional conditions and requirements applicable to these trees and shrubs. (Ord. of 11-17-2008, § VII; Ord. of 1-3-2017(2), § 7) Sec. 32-168. Appeals. (a) Any person aggrieved by an action or decision of the city arborist may, within 21 calendar days from the date of receipt of notice of such action or decision, deliver to the city arborist at the department of public works, a request in writing for review by the city tree board. The city tree board shall offer such person the opportunity to be heard and present evidence and shall issue findings and conclusions. Three members of the city tree board must be present to constitute a quorum. By a majority vote of the members present, the city tree board shall affirm, modify, or reverse an action appealed. A tie vote shall be an affirmance of the decision from which the appeal is taken. The board shall give written notice of its decision no later than 45 days after the date of the hearing. (b) The decision of the city tree board shall be final, subject to appeal under V.R.C.P. 74. (Ord. of 11-17-2008, § VIII; Ord. of 1-3-2017(2), § 8) Sec. 32-169. Enforcement. (a) Any person who violates a provision of this article shall be subject to a violation which shall be punishable as a civil violation pursuant to section 1-14. (b) The city arborist shall be authorized to act as issuing municipal official to issue and pursue before the judicial bureau a municipal complaint. (c) Each day the violation continues shall constitute a separate violation. (d) A municipal complaint may, at the discretion of the issuing municipal official, be dismissed upon the successful completion of a restorative justice program before the city community justice center. (Ord. of 11-17-2008, § IX(1); Ord. of 1-3-2017(2), § 9) § 32-167 SOUTH BURLINGTON CITY CODE CD32:20 DR A F T Sec. 32-170. Waiver fee. An issuing municipal official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amounts, for any person who declines to contest a municipal complaint and pays the waiver fee: Waiver Fees - Trees on Public Property First offense $100.00 Second offense $250.00 Third offense $400.00 Fourth offense $550.00 Fifth and subsequent offenses $700.00 (Ord. of 11-17-2008, § IX(2), (3); Ord. of 1-3-2017(2), § 10) Sec. 32-171. Other relief. In addition to the enforcement procedures available before the judicial bureau, the city manager is authorized to commence a civil action to obtain injunctive and other appropriate relief, and to pursue any other remedy authorized by law. (Ord. of 11-17-2008, § IX(4); Ord. of 1-3-2017(2), § 11) State law references—Judicial bureau, 4 V.S.A. § 1102 et seq.; complaint signed by the issuing municipal official for civil ordinance violation, 24 V.S.A. § 1977. § 32-171STREETS, SIDEWALKS, OTHER PUBLIC PLACES CD32:21 DR A F T DR A F T Chapter 33 RESERVED CD33:1 DR A F T DR A F T Chapter 34 TAXATION Article I. In General Secs. 34-1—34-18. Reserved. Article II. Sales, Meals, Rooms and Alcoholic Beverages Tax Sec. 34-19. Authority. Sec. 34-20. Purpose. Sec. 34-21. Imposition of tax. Sec. 34-22. Use of tax. CD34:1 DR A F T DR A F T ARTICLE I. IN GENERAL Secs. 34-1—34-18. Reserved. ARTICLE II. SALES, MEALS, ROOMS AND ALCOHOLIC BEVERAGES TAX* Sec. 34-19. Authority. The ordinance from which this article is derived is adopted pursuant to Charter section 13-1506, which was approved by the voters on November 7, 2006, and as amended on May 8, 2007 by Act No. M-13 of the Vermont Acts of 2007. (Ord. of 6-10-2007, § 1) Sec. 34-20. Purpose. The purpose of this article is to impose a tax on sales, meals, rooms and alcoholic beverages in the city. (Ord. of 6-10-2007, § 2) Sec. 34-21. Imposition of tax. (a) A tax is hereby imposed on those transactions in the city involving sales, rooms, meals and alcoholic beverages which are subject to taxation by the state. (b) The tax imposed shall be in the maximum amount allowed pursuant to 24 V.S.A. § 138(b), as now constituted or hereafter amended. (c) The tax hereby imposed shall be collected and administered in accordance with 24 V.S.A. § 138(c) and (d). (Ord. of 6-10-2007, § 3) *Charter reference—Authority to adopt ordinance levying sales, rooms, meals and alcoholic beverage tax, § 13-1506. State law references—Local option taxes, 24 V.S.A. § 138; authority to adopt ordinance levying sales, rooms, meals and alcoholic beverage tax, 24 App. V.S.A. § 13-1506. § 34-21TAXATION CD34:3 DR A F T Sec. 34-22. Use of tax. (a) Sales tax revenue received by the city shall be used to reduce the municipal property tax collected on the city grand list and shall not be used to increase total city revenues. (b) Rooms, meals, and alcoholic beverage tax revenues received by the city may, at the sole discretion of the city council, be used in any of the following ways: (1) To deposit in a reserve fund established by the city council to fund the purchase of land or for construction or reconstruction of city buildings and infrastructure; (2) To reduce the municipal property tax collected on the city grand list without increasing total city revenues; or (3) Any combination of subsections (b)(1) and (2) of this section. (Ord. of 6-10-2007, § 4) State law reference—Similar provisions, 24 App. V.S.A. § 13-1506. § 34-22 SOUTH BURLINGTON CITY CODE CD34:4 DR A F T Chapter 35 RESERVED CD35:1 DR A F T DR A F T Chapter 36 TRAFFIC AND VEHICLES* Article I. In General Sec. 36-1. Purpose and authority. Sec. 36-2. Definitions. Sec. 36-3. Civil penalties; waiver fee. Secs. 36-4—36-24. Reserved. Article II. Specific Street Regulations Division 1. Generally Sec. 36-25. Traffic control signals. Sec. 36-26. Flashing signals. Secs. 36-27—36-55. Reserved. Division 2. Speed Regulations Sec. 36-56. Speed limits. Secs. 36-57—36-85. Reserved. Division 3. Stop Intersections Sec. 36-86. Stop signs. Secs. 36-87—36-115. Reserved. Division 4. Yield Intersections Sec. 36-116. Yield signs. Secs. 36-117—36-145. Reserved. Division 5. One-Way Streets Sec. 36-146. One-way signs. Secs. 36-147—36-175. Reserved. Division 6. Intersections Sec. 36-176. Right turn only intersections. Secs. 36-177—36-205. Reserved. *State law reference—Motor vehicles and traffic regulations, 23 V.S.A. § 1 et seq. CD36:1 DR A F T Article III. Miscellaneous Regulations Division 1. Generally Sec. 36-206. Vehicles restricted on city property. Sec. 36-207. Restriction of motor vehicles on school property. Secs. 36-208—36-233. Reserved. Division 2. Regulations Regarding Vulnerable Users Sec. 36-234. Pedestrians to obey traffic control devices. Sec. 36-235. Bicycle riders. Sec. 36-236. Yielding right-of-way to pedestrians. Sec. 36-237. Motor vehicles unnecessarily close. Sec. 36-238. Throwing objects. Sec. 36-239. Due care. Sec. 36-240. Left turns. Secs. 36-241—36-258. Reserved. Article IV. Parking Division 1. Generally Sec. 36-259. Purpose and authority. Sec. 36-260. Definitions. Secs. 36-261—36-283. Reserved. Division 2. Administration and Enforcement Sec. 36-284. Parking tickets; penalties. Sec. 36-285. Administrative appeal and enforcement of parking tickets. Secs. 36-286—36-303. Reserved. Division 3. Regulations Sec. 36-304. Parking prohibitions. Sec. 36-305. Unregistered motor vehicles and unattached trailers. Secs. 36-306—36-321. Reserved. Division 4. Removal of Unlawfully Parked Motor Vehicles Sec. 36-322. Removal of vehicles in violation. Sec. 36-323. Record of removed motor vehicles. Sec. 36-324. Notice of removal. Sec. 36-325. Appeal of removal. Sec. 36-326. Recovery of motor vehicle. SOUTH BURLINGTON CITY CODE CD36:2 DR A F T Sec. 36-327. Charges for removal. Sec. 36-328. Lien on motor vehicle. Sec. 36-329. Charges not a penalty. Secs. 36-330—36-346. Reserved. Article V. Truck Traffic Sec. 36-347. Weight limits on city highways. Sec. 36-348. Shunpike Road. Sec. 36-349. Hadley Road, Meadow Road and Proctor Avenue. Sec. 36-350. Spear Street. TRAFFIC AND VEHICLES CD36:3 DR A F T DR A F T ARTICLE I. IN GENERAL Sec. 36-1. Purpose and authority. (a) The ordinance from which this chapter is derived is enacted by the city council to promote the public health, safety and welfare of city residents under the authority it is granted to regulate the operation and use of motor vehicles as set forth in 19 V.S.A. § 304, 23 V.S.A. §§ 1007 and 1008, 24 V.S.A. § 2291(1), (4), and (5) and sections 13-103 and 13-104 of the Charter. (b) This chapter establishes special traffic regulations on public roads or highways in the city and the ordinance from which this chapter is derived shall constitute a civil ordinance within the meaning of 24 V.S.A. ch. 59. (Ord. of 8-19-2019(2), § 1) Sec. 36-2. Definitions. The definitions set forth in 23 V.S.A. § 4 are incorporated herein by reference. (Ord. of 8-19-2019(2), § 2) Sec. 36-3. Civil penalties; waiver fee. (a) Any violation of a provision of this chapter which constitutes a traffic violation, as defined by 23 V.S.A. § 2302, shall be prosecuted pursuant to 23 V.S.A. ch. 24, and such violator will be subject to the procedures and provisions set forth therein. From time to time, the city council shall establish by appropriate resolution full and waiver penalties for violations of the provisions of this article. (b) Police officers and any other law enforcement officer shall be authorized to issue and pursue before the judicial bureau a civil violation complaint. The issuing officer shall indicate on the complaint the appropriate full and waiver penalty. A civil violation complaint may, at the discretion of the issuing officer, be dismissed or a civil or waiver penalty may be reduced, upon the successful completion of a reparative justice program through the city's community justice center. (Ord. of 8-19-2019(2), § 11) Secs. 36-4—36-24. Reserved. § 36-24TRAFFIC AND VEHICLES CD36:5 DR A F T ARTICLE II. SPECIFIC STREET REGULATIONS* DIVISION 1. GENERALLY Sec. 36-25. Traffic control signals. (a) The city council shall designate, by appropriate resolution, intersec- tions and other locations on city public roads and highways to be controlled by traffic control signals and upon doing so shall cause a traffic control signal to be installed at the intersection or other location. (b) When a traffic control signal is so installed, an operator approaching the traffic control signal shall operate the motor vehicle in the manner required by 23 V.S.A. § 1022. (Ord. of 8-19-2019(2), § 6) Sec. 36-26. Flashing signals. (a) The city council shall designate, by appropriate resolution, intersec- tions and other locations on city public roads and highways to be controlled by flashing signals and upon doing so shall cause a flashing signal to be installed at the intersection or other specified location. (b) When a flashing signal is so installed, an operator approaching the traffic control signal shall operate the motor vehicle in the manner required by 23 V.S.A. § 1024. (Ord. of 8-19-2019(2), § 7) Secs. 36-27—36-55. Reserved. DIVISION 2. SPEED REGULATIONS Sec. 36-56. Speed limits. (a) The city council shall establish, by appropriate resolution, speed limits on city public roads and highways and upon doing so shall cause suitable speed limit signs to be installed. *State law references—Operation of vehicles, 23 V.S.A. § 1001 et seq.; special regulations as to the operation, use, and parking of motor vehicles, including angle parking, as to the location, design, and structure of traffic lights, as to "stop" signs and "yield right-of-way" signs at intersections, as to "no-passing" zones, and as to streets designated for one way traffic authorized, 23 V.S.A. § 1008. § 36-25 SOUTH BURLINGTON CITY CODE CD36:6 DR A F T (b) Speed limits established by the city council shall be in effect when so posted. (Ord. of 8-19-2019(2), § 3) Secs. 36-57—36-85. Reserved. DIVISION 3. STOP INTERSECTIONS Sec. 36-86. Stop signs. (a) The city council shall designate, by appropriate resolution, stop intersections and upon doing so shall cause a suitable stop sign to be installed at the intersections. (b) When a stop sign is so installed, a motor vehicle operator approaching the stop sign shall operate the vehicle in the manner required by 23 V.S.A. § 1048(b). (Ord. of 8-19-2019(2), § 4) Secs. 36-87—36-115. Reserved. DIVISION 4. YIELD INTERSECTIONS Sec. 36-116. Yield signs. (a) The city council shall designate, by appropriate resolution, yield intersections and upon doing so shall cause a suitable yield sign to be installed at the intersections. (b) When a yield sign is so installed, an operator approaching the yield sign shall operate the motor vehicle in the manner required by 23 V.S.A. § 1048(c). (Ord. of 8-19-2019(2), § 5) Secs. 36-117—36-145. Reserved. DIVISION 5. ONE-WAY STREETS Sec. 36-146. One-way signs. (a) The city council shall designate, by appropriate resolution, any public road or highway for one-way traffic and establish the direction of traffic and upon doing so shall cause a suitable one-way sign to be installed. § 36-146TRAFFIC AND VEHICLES CD36:7 DR A F T (b) When a one-way sign is so installed, an operator shall operate the motor vehicle only in the direction designated. (Ord. of 8-19-2019(2), § 8) Secs. 36-147—36-175. Reserved. DIVISION 6. INTERSECTIONS Sec. 36-176. Right turn only intersections. (a) The city council shall designate, by appropriate resolution, intersec- tions where only right turns are allowed and upon doing so shall cause a suitable "right turn only" sign to be installed. (b) When such a sign is so installed, an operator shall operate the motor vehicle only in the direction designated. (Ord. of 8-19-2019(2), § 9) Secs. 36-177—36-205. Reserved. ARTICLE III. MISCELLANEOUS REGULATIONS DIVISION 1. GENERALLY Sec. 36-206. Vehicles restricted on city property. (a) All motorized vehicles, except duly authorized emergency and maintenance vehicles, are restricted to roads and parking lots of city properties, and only properly registered vehicles operated by licensed operators are permitted on said roads and parking lots. (b) Any person who is found guilty of violating the provisions of this section shall be guilty of a misdemeanor and the same shall be punished by a fine of not more than $100.00 at the discretion of the court. (Ord. of 6-4-1973(1), § 1) § 36-146 SOUTH BURLINGTON CITY CODE CD36:8 DR A F T Sec. 36-207. Restriction of motor vehicles on school property. (a) All motorized vehicles are restricted to paved roads and parking lots of school district properties of the city, and only properly registered vehicles operated by licensed operators are permitted on said paved roads and parking lots. (b) Any person who is found guilty of violating the provisions of this section shall be guilty of a misdemeanor and the same shall be punished by a fine of not more than $100.00 at the discretion of the court. (Ord. of 12-6-1971, §§ 1, 2) Secs. 36-208—36-233. Reserved. DIVISION 2. REGULATIONS REGARDING VULNERABLE USERS Sec. 36-234. Pedestrians to obey traffic control devices. All pedestrians shall obey the instructions of all traffic control devices that are applicable to pedestrians. (Ord. of 8-19-2019(2), § 10(A)) Sec. 36-235. Bicycle riders. Every person riding a bicycle is granted all of the rights and is subject to all of the duties applicable to operators of motor vehicles, except as to those provisions described in 23 V.S.A. § 1136(c). (Ord. of 8-19-2019(2), § 10(B)) Sec. 36-236. Yielding right-of-way to pedestrians. (a) Whenever traffic is controlled by traffic control signals, vehicular traffic, including motor vehicles turning right or left, shall yield the right-of-way to pedestrians in the manner required by 23 V.S.A. § 1022. (b) If traffic control signals are not in operation, the driver of a motor vehicle shall yield the right-of-way, slowing down or stopping if necessary, to a pedestrian crossing the roadway within a crosswalk. (Ord. of 8-19-2019(2), § 10(C), (D)) § 36-236TRAFFIC AND VEHICLES CD36:9 DR A F T Sec. 36-237. Motor vehicles unnecessarily close. The operator of a motor vehicle shall not, in a careless or imprudent manner, approach, pass, or maintain speed unnecessarily close to a vulner- able user. (Ord. of 8-19-2019(2), § 10(E)) Sec. 36-238. Throwing objects. An occupant of a motor vehicle shall not throw any object or substance at a vulnerable user. (Ord. of 8-19-2019(2), § 10(F)) Sec. 36-239. Due care. The operator of a motor vehicle approaching or passing a vulnerable user shall exercise due care, which includes reducing speed and increasing clearance to a recommended distance of at least four feet, to pass the vulnerable user safely, and shall cross the center of the public road or highway only as provided in 23 V.S.A. § 1035. (Ord. of 8-19-2019(2), § 10(G)) Sec. 36-240. Left turns. A person operating a motor vehicle shall not turn left unless the turn can be made at a safe distance from a vulnerable user. (Ord. of 8-19-2019(2), § 10(H)) Secs. 36-241—36-258. Reserved. ARTICLE IV. PARKING DIVISION 1. GENERALLY Sec. 36-259. Purpose and authority. (a) The ordinance from which this article is derived by the city council to promote the public health, safety and welfare of city residents under the authority it is granted to regulate parking of motor vehicles as set forth in 4 V.S.A. § 32, 19 V.S.A. § 304, 20 V.S.A. § 2904, 23 V.S.A. §§ 1008 and 1753, 24 V.S.A. § 2291, and sections 13-103 and 13-104 of the Charter. § 36-237 SOUTH BURLINGTON CITY CODE CD36:10 DR A F T (b) The ordinance from which this article is derived shall constitute a civil ordinance within the meaning of 24 V.S.A. ch. 59. (c) Parking any motor vehicle in violation of this article is hereby declared to be a public nuisance. (Ord. of 8-19-2019(1), § 1) Sec. 36-260. Definitions. The definitions set forth in 23 V.S.A. § 4, as amended from time to time, are incorporated herein by reference. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Recreation path means a public path, or any portion thereof, used by the general public for recreation; the city recreation path. (Ord. of 8-19-2019(1), § 2) Secs. 36-261—36-283. Reserved. DIVISION 2. ADMINISTRATION AND ENFORCEMENT Sec. 36-284. Parking tickets; penalties. (a) Any city law enforcement officer may issue a parking ticket for any motor vehicle parked in violation of section 36-304 or 36-305, which shall set forth the penalty to be paid for such violation. (b) Parking ticket penalties shall be paid to the city police department. (c) The police department shall maintain copies of all issued parking tickets. (d) From time to time, the city council shall establish by appropriate resolution penalties for violations of any provision of section 36-304 or 36-305. (e) Offenses shall be counted on a calendar-year basis. (Ord. of 8-19-2019(1), § 5) § 36-284TRAFFIC AND VEHICLES CD36:11 DR A F T Sec. 36-285. Administrative appeal and enforcement of parking tickets. (a) Within 15 calendar days of the date a parking ticket is issued, a person receiving a parking ticket may appeal the violation by submitting a written statement of appeal to the chief of police. The written statement shall state the facts supporting the appeal and an explanation of why such ticket is believed to be unlawful. (b) Within 15 calendar days of the date he received a written statement of appeal, the chief of police, or his designee, will review the statement and shall issue by mailing to the address provided in the written statement a brief written decision on the appeal, which shall be final. (c) If, after exhausting this administrative appeal process, the violator has not paid any penalty assessed for violation of this article, the city attorney, at the direction of the city council, may institute an action on behalf of the city against the violator in accordance with Rule 80.9 of the Vermont Rules of Civil Procedure. (Ord. of 8-19-2019(1), § 6) Secs. 36-286—36-303. Reserved. DIVISION 3. REGULATIONS Sec. 36-304. Parking prohibitions. Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a law enforcement officer or official traffic control device, no person shall stop or park a motor vehicle: (1) On the roadway side of any motor vehicle stopped or parked at the edge or curb of a street (double parking); (2) On a sidewalk or so as to interfere with pedestrian use or maintenance of a sidewalk; (3) On a recreation path or so as to interfere with authorized uses or maintenance of a recreation path; (4) Within 50 feet of an intersection; (5) On any crosswalk; § 36-285 SOUTH BURLINGTON CITY CODE CD36:12 DR A F T (6) Alongside or opposite any road excavation when parking would obstruct traffic; (7) Upon any bridge or other elevated structure; (8) Upon any railroad tracks or within 50 feet of the nearest rail of a railroad crossing; (9) Within 15 feet of a fire hydrant; (10) Within 30 feet upon the approach to any flashing signal, stop sign, or traffic control light located at the side of a roadway; (11) In front of a public or private driveway; (12) In any space specified as reserved for a bus stop; (13) Within 20 feet of the driveway entrance to any fire station and on the side of a public road or highway opposite and within 75 feet of the entrance to any fire station; (14) On any public road or highway, or portion thereof, designated by order of the director of public works as a place where parking is temporarily prohibited because of road or highway construction, repair or maintenance; (15) On any public road or highway, or portion thereof, the city council designates by resolution as a place where parking is prohibited and indicated as such by "no parking" signs; (16) On any public road or highway for the purpose of selling or renting the same or for the purpose of displaying or advertising the same for sale or rent; (17) So as to interfere with the plowing or removal of snow; (18) On any public road or highway between 12:00 midnight and 8:00 a.m. each day during the four-month period starting December 1 of each year and continuing through March 31 of the following year; (19) In a space designated as parking for persons with disabilities except when the motor vehicle is equipped with a valid handicapped registra- tion plate or properly displayed handicap permit from the state § 36-304TRAFFIC AND VEHICLES CD36:13 DR A F T department of motor vehicles in accordance with 23 V.S.A. § 304a, or as otherwise provided by the law of the state in which the motor vehicle is registered, and an occupant is a person with a disability. (Ord. of 8-19-2019(1), § 3) Sec. 36-305. Unregistered motor vehicles and unattached trailers. In addition to the prohibitions set forth in section 36-304, no person shall stop or park on any public road or highway for a period that exceeds 24 consecutive hours: (1) Any unregistered motor vehicle; (2) Any trailer, semi-trailer or trailer coach that is not attached to a motor vehicle. For the purposes of this subsection, the term "trailer" or "semi-trailer" includes, without limitation, trailers for boats. (Ord. of 8-19-2019(1), § 4) Secs. 36-306—36-321. Reserved. DIVISION 4. REMOVAL OF UNLAWFULLY PARKED MOTOR VEHICLES Sec. 36-322. Removal of vehicles in violation. In addition to issuance of a parking ticket under section 36-284, city law enforcement officers are authorized to remove motor vehicles parked in violation of section 36-304 or 36-305 at the expense of the owner of the motor vehicle. (Ord. of 8-19-2019(1), § 7(a)) Sec. 36-323. Record of removed motor vehicles. The police department and the owner of any garage to which a motor vehicle is removed shall keep a record of each motor vehicle so removed by manufacturer's trade name or make, registration number or motor vehicle identification number, registered owner if the motor vehicle bears a state registration, such other descriptive matter as may be necessary to identify the motor vehicle, and the name and address of any claimant thereof. In addition, the police department shall keep a record showing the date of such § 36-304 SOUTH BURLINGTON CITY CODE CD36:14 DR A F T removal, the place to which the motor vehicle is removed, and reason for such removal. All such records shall be open to public inspection pursuant to the Vermont Public Records Act. (Ord. of 8-19-2019(1), § 7(b)) Sec. 36-324. Notice of removal. If a removed motor vehicle is not reclaimed within ten calendar days of the date of removal, the police department shall send written notice by certified mail, return receipt requested, to the last known address of the registered owner of such motor vehicle, if such motor vehicle is registered. If the motor vehicle is not registered, the police department shall cause the notice to be published in a newspaper of general circulation in the city within 20 calendar days of the date of removal. The notice required by this section shall contain the following: (1) A description of the motor vehicle; (2) Statement of the circumstances requiring removal; (3) Statement of the procedure to reclaim the motor vehicle; and (4) Statement of appeal rights. (Ord. of 8-19-2019(1), § 7(c)) Sec. 36-325. Appeal of removal. Prior to, or within three calendar days of reclaiming a motor vehicle, the owner of a motor vehicle removed pursuant to this section may make a written request for a hearing before the chief of police. The written request shall contain a statement of the facts supporting the appeal and an explanation of why such removal is believed to be unlawful. The chief of police, or his designee, shall conduct a summary hearing at which the motor vehicle owner may present relevant evidence. Within 24 hours of the conclusion of the hearing, the chief of police, or his designee, shall issue by mailing to the address provided in the written statement a brief written decision on the appeal, which shall be final. (Ord. of 8-19-2019(1), § 7(d)) Sec. 36-326. Recovery of motor vehicle. Before the owner of a motor vehicle removed pursuant to this section shall be permitted to reclaim the motor vehicle, the owner shall: (1) Furnish satisfactory evidence to the police department or the owner or person in charge of the garage of his identity and of his ownership of the motor vehicle; § 36-326TRAFFIC AND VEHICLES CD36:15 DR A F T (2) Pay to the police department all charges for violation of this article and all charges for mailing and/or publication of the required notice; (3) Pay to the owner or person in charge of the garage all charges for removing said motor vehicle and all charges for the storing and parking thereof; (4) Sign a written receipt acknowledging delivery of said motor vehicle. (Ord. of 8-19-2019(1), § 7(e)) Sec. 36-327. Charges for removal. From time to time, the city council shall establish by appropriate resolu- tion reasonable charges for the towing and storing of motor vehicles removed pursuant to this section. (Ord. of 8-19-2019(1), § 7(f)) Sec. 36-328. Lien on motor vehicle. All charges for towing and storage of motor vehicles imposed pursuant to this section shall become a lien upon the motor vehicle removed and such lien may be foreclosed in accordance with the procedure provided in the law for foreclosure of artisan's liens. (Ord. of 8-19-2019(1), § 7(g)) Sec. 36-329. Charges not a penalty. No charges made or incurred under this section shall be considered a fine, penalty or forfeiture. The removal and storage of any motor vehicle under this section shall not be a bar to the institution and prosecution of civil action against the owner or operator of such motor vehicle. (Ord. of 8-19-2019(1), § 7(h)) Secs. 36-330—36-346. Reserved. ARTICLE V. TRUCK TRAFFIC Sec. 36-347. Weight limits on city highways. (a) Purpose. The purpose of this section is to provide for weight limit restrictions on all city highways and state aid highways within the limits of the city. § 36-326 SOUTH BURLINGTON CITY CODE CD36:16 DR A F T (b) Findings. The city council hereby finds that all city highways and state aid highways within the city are not adequate for weight in excess of 24,000 pounds. (c) A person or corporation shall not operate or cause to be operated a motor vehicle in excess of the total weight of 24,000 pounds, including vehicle, object or contrivance and load, upon any city street or highway and state aid highway within the city, in accordance with the provisions of 23 V.S.A. ch. 13. (d) The weight limits designated by this section shall be posted in accordance with 23 V.S.A. ch. 13. (e) This section shall take effect from the passage of the ordinance from which it is derived. (Ord. of 4-5-1971, §§ 1—5) Sec. 36-348. Shunpike Road. (a) No truck having an overall length of more than 22 feet shall be operated or driven upon Shunpike Road, except for the purpose of making a delivery to a residence thereon. (b) Any violation of subsection (a) of this section shall be deemed a traffic offense, and shall be prosecuted pursuant to 23 V.S.A. §§ 2201 through 2207, as presently enacted or as from time to time hereinafter amended. Any such violator will be subject to the procedures, provisions and penalties as outlined therein. (c) This section shall take effect from the passage of the ordinance from which it is derived. (Ord. of 5-15-1978, §§ 1—3) Sec. 36-349. Hadley Road, Meadow Road and Proctor Avenue. (a) No truck having an overall length of more than 22 feet shall be operated or driven upon Hadley Road, Meadow Road and Proctor Avenue, except for the purpose of making a delivery to a residence thereon. (b) Any violation of subsection (a) of this section shall be deemed a traffic offense, and shall be prosecuted pursuant to 23 V.S.A. §§ 2201 through 2207, as presently enacted or as from time to time hereinafter amended. Any such violator will be subject to the procedures, provisions and penalties as outlined therein. § 36-349TRAFFIC AND VEHICLES CD36:17 DR A F T (c) This section shall take effect from the passage of the ordinance from which it is derived. (Ord. of 8-19-1985, §§ 1—3) Sec. 36-350. Spear Street. (a) Motor trucks with a registered vehicle weight in excess of 12,999 pounds, or motor trucks towing trailers or semi-trailers with a combined motor truck and trailer or semi-trailer registered vehicle weight in excess of 12,999 pounds, shall be prohibited from the following streets: (1) The portion of Spear Street commencing at the intersection with Williston Road and extending south to the intersection with Allen Road. (2) Old Farm Road. (b) Subsection (a) of this section shall not apply to motor trucks making deliveries to and pick-ups at properties located on Spear Street or Old Farm Road, or emergency vehicles. (c) The penalty for each violation of this section shall be: Civil Penalties - Truck Traffic First offense $50.00 Second offense $100.00 Third offense $150.00 Fourth or more offenses $250.00 (d) This section shall take effect from the passage of the ordinance from which it is derived. (Ord. of 6-29-1987, §§ 1, 2; Ord. of 7-19-1993, §§ 1—3; Ord. of 11-17-1997, §§ 1—4) § 36-349 SOUTH BURLINGTON CITY CODE CD36:18 DR A F T Chapter 37 RESERVED CD37:1 DR A F T DR A F T Chapter 38 UTILITIES* Article I. In General Secs. 38-1—38-18. Reserved. Article II. Utility Service Lines Sec. 38-19. Definitions. Sec. 38-20. Purpose. Sec. 38-21. Utility service installation requirements. Sec. 38-22. Enforcement and penalties. Secs. 38-23—38-47. Reserved. Article III. Water System Division 1. Generally Sec. 38-48. Definitions. Sec. 38-49. Abbreviations. Sec. 38-50. Water department rates and fees. Sec. 38-51. Hydrant use permit application. Secs. 38-52—38-71. Reserved. Division 2. Extension, Modification and Maintenance of City and CWD Water Mains Sec. 38-72. Constructing, connecting water main requires prior approval. Sec. 38-73. Water main standards and requirements. Sec. 38-74. Testing and disinfection of pipeline. Sec. 38-75. Excavation work requires prior approval. Sec. 38-76. Modifications or connections to water main requires prior approval. Sec. 38-77. Maintenance of water mains. Sec. 38-78. Maintenance of hydrants. *Charter references—Power to acquire real and personal property for utilities, § 13-103; water department, § 13-2001; board of water commissioners, § 13-2004. State law references—Water regulations, 10 V.S.A. § 1671 et seq.; water and wastewater system permits, 10 V.S.A. § 1971 et seq.; authority to regulate the location, etc., of utility poles, wires, etc., 24 V.S.A. § 229(6); authority to regulate sewage capacity to users, etc., 24 V.S.A. § 2291(22); water systems, 24 V.S.A. § 3301 et seq.; water mains and sewers, 24 V.S.A. § 3401 et seq.; sewage systems, 24 V.S.A. § 3501 et seq.; uniform water and sewer disconnect procedure, 24 V.S.A. § 5143 et seq. CD38:1 DR A F T Sec. 38-79. Connecting to Champlain Water District transmission pipelines. Sec. 38-80. Private water mains and hydrants. Secs. 38-81—38-103. Reserved. Division 3. Building Water Service Connections Sec. 38-104. Permit required. Sec. 38-105. Applications. Sec. 38-106. Service connection requirements. Sec. 38-107. Service connection installation. Sec. 38-108. Testing; defects. Sec. 38-109. Water service maintenance and repair. Sec. 38-110. Loss or damage to meter or equipment. Sec. 38-111. Private water systems. Sec. 38-112. On-site wells. Sec. 38-113. Water supply must be protected prior to service connection. Sec. 38-114. Seasonal service. Sec. 38-115. Meter test fee. Sec. 38-116. Excavations for building water service connections. Sec. 38-117. Water allocation. Secs. 38-118—38-147. Reserved. Division 4. Use of Public Water Supply System Sec. 38-148. Primary use. Sec. 38-149. Auxiliary use. Sec. 38-150. Hydrant use; permits. Sec. 38-151. Water supply in an emergency. Sec. 38-152. City not responsible for injury, loss, or damage. Sec. 38-153. Water quality emergency; notification. Sec. 38-154. Exemption from sewer charges as it relates to pool filling and lawn watering. Sec. 38-155. Private hydrants and fire services. Secs. 38-156—38-178. Reserved. Division 5. Protection from Damage Sec. 38-179. Tampering with public water system prohibited. Sec. 38-180. Repair or replacement costs. Sec. 38-181. Obstruction of water distribution system prohibited. Sec. 38-182. Contamination of public water supply unlawful. Sec. 38-183. Permit required for fire hydrant use. Sec. 38-184. Wasteful consumption prohibited. Sec. 38-185. Violation. Secs. 38-186—38-208. Reserved. SOUTH BURLINGTON CITY CODE CD38:2 DR A F T Division 6. Powers and Authority of Inspectors Sec. 38-209. Inspection by superintendent of properties; powers and authority; disconnec- tion of service. Sec. 38-210. Indemnification. Sec. 38-211. Inspection by superintendent of private properties; entry and subsequent work on easement. Sec. 38-212. Authority to inquire into any processes affecting safe, potable water. Secs. 38-213—38-232. Reserved. Division 7. Penalties Sec. 38-233. Civil penalties; waiver fees. Sec. 38-234. Violations. Sec. 38-235. City has right to institute civil action. Sec. 38-236. Notice of violation; correction. Secs. 38-237—38-265. Reserved. Division 8. Rates Sec. 38-266. Authority to establish rates. Sec. 38-267. Service application, connection and initiation fee. Sec. 38-268. Hydrant use fee. Sec. 38-269. Water usage fee. Sec. 38-270. Shut-off and turn-on fees. Sec. 38-271. Sinking fund. Sec. 38-272. Water charge invoice; delinquency. Sec. 38-273. Applicants responsible for payment of bills. Sec. 38-274. Sprinkler line annual fee. Sec. 38-275. Rate and fee schedule review. Sec. 38-276. Residential and service application fee. Sec. 38-277. Final reading. Sec. 38-278. Lien priority. Secs. 38-279—38-304. Reserved. Division 9. Disconnection Policy Sec. 38-305. Purpose. Sec. 38-306. Reconnections requested outside normal working hours. Sec. 38-307. Reconnection rates. Secs. 38-308—38-319. Reserved. UTILITIES CD38:3 DR A F T Article IV. Sanitary Sewer and Stormwater Systems Division 1. Generally Sec. 38-320. Definitions. Sec. 38-321. Abbreviations. Sec. 38-322. Method for infiltration testing. Sec. 38-323. Submission standards. Secs. 38-324—38-335. Reserved. Division 2. Sanitary Sewer System Subdivision I. In General Secs. 38-336—38-350. Reserved. Subdivision II. Sanitary Disposal Systems Sec. 38-351. Use of public sanitary sewer system required. Sec. 38-352. Private sewage disposal. Sec. 38-353. Building sewers and connections. Sec. 38-354. Prohibited discharges into the public sanitary sewer system. Sec. 38-355. Protection from damage. Secs. 38-356—38-370. Reserved. Subdivision III. Capacity Allocation Sec. 38-371. Ownership of capacity. Sec. 38-372. Reserve capacity allocation. Sec. 38-373. Preliminary allocation determination. Sec. 38-374. Final capacity allocation. Sec. 38-375. Final allocation conditions. Secs. 38-376—38-393. Reserved. Subdivision IV. Sewage Disposal Charges, Time of Payment Thereof, and Penalties for Nonpayment Sec. 38-394. Operation and maintenance. Sec. 38-395. Sewer use rates, applicability. Sec. 38-396. Annual charges, basis. Sec. 38-397. Capital costs. Sec. 38-398. Collection. Sec. 38-399. Sinking fund/set-asides for major expenditures. Secs. 38-400—38-425. Reserved. SOUTH BURLINGTON CITY CODE CD38:4 DR A F T Division 3. Stormwater System Subdivision I. In General Sec. 38-426. Introduction. Sec. 38-427. Purpose. Sec. 38-428. Applicability. Sec. 38-429. Required approvals. Sec. 38-430. Compliance with existing permits. Sec. 38-431. Use of the public stormwater system. Sec. 38-432. Best management practices. Sec. 38-433. Protection from damage. Secs. 38-434—38-464. Reserved. Subdivision II. Stormwater System User Fees Sec. 38-465. Establishment of stormwater user fees. Sec. 38-466. User fee credits. Sec. 38-467. Credit application and approval process. Sec. 38-468. NPDES permit credit. Sec. 38-469. Education credit. Sec. 38-470. Establishment of ERUs. Sec. 38-471. Billing and collection. Sec. 38-472. Expenditures. Secs. 38-473—38-497. Reserved. Subdivision III. Acceptance or Inspection of Regulated Private Systems Sec. 38-498. Exclusively residential regulated private systems. Sec. 38-499. Regulated private systems that are not exclusively residential. Secs. 38-500—38-521. Reserved. Subdivision IV. Municipal Cost Sharing Sec. 38-522. Purpose. Sec. 38-523. Applicability. Sec. 38-524. Municipal share of stormwater project costs. Secs. 38-525—38-545. Reserved. Subdivision V. Stormwater Upgrade Feasibility Analysis (SUFA) Sec. 38-546. Background and introduction. Sec. 38-547. Installation of stormwater treatment practices. Sec. 38-548. Payment of stormwater mitigation fee. Sec. 38-549. Combination STP/fee method. Sec. 38-550. Penalties/enforcement. Secs. 38-551—38-570. Reserved. UTILITIES CD38:5 DR A F T Division 4. Inspection and Enforcement Sec. 38-571. Power and authority of inspectors. Sec. 38-572. Administrative enforcement. Sec. 38-573. Judicial enforcement. Sec. 38-574. Waiver fee. Secs. 38-575—38-596. Reserved. Article V. Cross Connection Control Division 1. Generally Sec. 38-597. Definitions. Sec. 38-598. Abbreviations. Secs. 38-599—38-629. Reserved. Division 2. Policy Sec. 38-630. Responsibility. Sec. 38-631. Water system. Sec. 38-632. Standards and specifications. Secs. 38-633—38-652. Reserved. Division 3. Administration Sec. 38-653. Department duties. Sec. 38-654. Owner duties. Sec. 38-655. Backflow device inspector duties. Sec. 38-656. Backflow device surveyors' duties. Sec. 38-657. Exemptions. Sec. 38-658. Department documentation. Sec. 38-659. Fees and enforcement. Secs. 38-660—38-676. Reserved. Division 4. Backflow Prevention Sec. 38-677. Approved devices. Sec. 38-678. Assembly installations—Reduced pressure principle backflow preventers (RPZ). Sec. 38-679. Assembly installations—Approved air gap (AG). Sec. 38-680. Assembly installations—Double check valve assembly (DCV). Sec. 38-681. Assembly installations—Pressure vacuum breaker assembly (PVB). Sec. 38-682. Assembly installations—Residential dual check (DC). Sec. 38-683. Assembly installations—Vacuum breakers. Sec. 38-684. Assembly installations—Irrigation systems. Sec. 38-685. Assembly installations—Strainers. SOUTH BURLINGTON CITY CODE CD38:6 DR A F T Sec. 38-686. Assembly installations—Fire protection systems. Sec. 38-687. Assembly installations—Pit installations. Sec. 38-688. Assembly installations—Protective enclosures. Sec. 38-689. Facilities and equipment requiring backflow prevention assemblies. Sec. 38-690. Backflow device inspection form and details. Secs. 38-691—38-722. Reserved. Article VI. Heating and Service Water Heating Systems Sec. 38-723. Purpose and authority. Sec. 38-724. Definitions. Sec. 38-725. Applicability. Sec. 38-726. Waiver. Sec. 38-727. Appointment of a building inspector. Sec. 38-728. Powers and duties of the building inspector. Sec. 38-729. Revocation of appointment. Sec. 38-730. Application for certificate of compliance; issuance and submission; condition precedent. Sec. 38-731. Certification. Sec. 38-732. Enforcement. Sec. 38-733. Waiver fee. Sec. 38-734. Other relief. UTILITIES CD38:7 DR A F T DR A F T ARTICLE I. IN GENERAL Secs. 38-1—38-18. Reserved. ARTICLE II. UTILITY SERVICE LINES Sec. 38-19. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Installed underground means the placement of utility lines (including individual service lines, transmission lines and distribution lines) below the finished grade of the right-of-way and the removal (if appropriate) of all poles, guy wires and related structures used to support overhead utility service. A utility apparatus may be mounted on pads at ground level within the right-of-way, if such will not interfere with the convenience of the public. Major roadway reconstruction means a project where an entire width of road surface and subsurface is to be opened or newly laid, with a minimum length of one-quarter mile. Overhead utility service means the location of utility lines, typically for electrical, telephone and cable television service, or for traffic signals, above ground, supported by utility poles and related structures. Public improvement project means any project undertaken by a local, state, or federal body for the benefit of the general public, such as, but not limited to, road or bridge construction, or the development of a park. Utility apparatus includes equipment used in connection with a utility service such as transformers, switches, amplifiers and other similar equip- ment. The term "utility apparatus" does not include utility lines or poles or related structures used to support lines or apparatus above ground. Utility lines includes any wire, cable, conduit or other material for the transmission or distribution of electrical, telecommunication, audio/visual or other signals, impulses or energy. (Ord. of 3-8-1993, art. I) § 38-19UTILITIES CD38:9 DR A F T Sec. 38-20. Purpose. The purposes of this article are: (1) To improve visual quality along major travelled ways and other areas in the city and diminish the visual blight and clutter created by above-ground utility lines; (2) To minimize the disruption of overhead utility services as the result of inclement weather and other factors; (3) To bring about the removal of utility poles which present visual or physical inconvenience to the motoring or pedestrian public and pose possible safety hazards due to their location near sidewalks or intersections; (4) To implement the objectives of the city comprehensive plan (1991) with regard to the burial of utility lines where feasible to advance the community's goals for enhancement of visual and historic resources. (Ord. of 3-8-1993, art. II) Sec. 38-21. Utility service installation requirements. All utility services shall be installed underground in the right-of-way of any road or highway hereafter constructed which is to be dedicated to the city as a public road. (1) Any individual utility service line which originates in a public road right-of-way and extends to any building or structure hereafter constructed (including residential, commercial or industrial) shall be installed underground. (2) All utility services located within the boundaries of a major roadway reconstruction project or public improvement project undertaken by the city, the state agency of transportation, or the U.S. Federal Highway Administration, in areas of the city described in subsection (3) of this section, shall be placed underground. (3) Areas of the city affected by subsection (2) of this section include the following major travelled corridors: Williston Road, Kennedy Drive, Dorset Street from Williston Road to Kennedy Drive, Shelburne Road from the Burlington/South Burlington boundary south to Imperial Drive, Hinesburg Road from Williston Road south to Interstate 89, Kimball Avenue and Shunpike Road to the Williston boundary. § 38-20 SOUTH BURLINGTON CITY CODE CD38:10 DR A F T (4) On all other city streets, utilities should be placed underground during major roadway or public improvement projects. The city council may waive this requirement for specific projects upon determination, after a public hearing, that placing utilities underground is not economi- cally feasible. (5) Street lighting, if proposed for any project regulated under this article, shall be installed to meet minimum Illuminating Engineering Society of North America (IES) standards and shall be served by underground electrical service. (Ord. of 3-8-1993, art. III; Ord. of 7-17-1995, § 1) Sec. 38-22. Enforcement and penalties. (a) Any person found to be in violation of any provision of this article shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for satisfactory correction thereof. (b) The city may commence appropriate enforcement proceedings against any person who fails to cease all violations within the time prescribed in subsection (a) of this section and may seek to recover fines in an amount not exceeding $500.00 for each violation per week, with each week the violation continues considered a separate offense. (c) The city may also seek injunctive or other appropriate relief. (Ord. of 3-8-1993, art. IV) Secs. 38-23—38-47. Reserved. ARTICLE III. WATER SYSTEM DIVISION 1. GENERALLY Sec. 38-48. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Approved means accepted by the city water department as meeting an applicable specification stated or cited in this article. § 38-48UTILITIES CD38:11 DR A F T Backflow means: (1) A flow condition, induced by a differential in pressure, that causes the flow of water or other liquid into the distribution system of a potable water supply, from any source or sources other than its intended source. (2) The backing up of water through a conduit or channel in the direction opposite to normal flow. Backflow preventer means a device or means designed to prevent backflow. Air gap means the unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or pipe or faucet supplying water to a tank, plumbing fixture, or other device and the level rim of said vessel. An approved air gap shall be at least double the diameter of the supply pipe, measured vertically above the top of the overflow rim of the vessel; and in no case less than one inch. Double check valve assembly means an assembly of two independently operating approved check valves with tightly closing shut-off valves on each end of the check valves, plus properly located test cocks for the testing of each check valve. To be approved, these devices must be readily accessible for in-line testing and maintenance. Reduced pressure principle device means: (1) An assembly of two independently acting approved check valves together with a hydraulically operating, mechanically independent pressure relief valve located between the check valves and at the same time below the first check valve. The unit shall include properly located test cocks and tightly closing shut-off valves at each end of the assembly. The assembly shall operate to maintain the pressure on the public water supply side of the device. At cessation of normal flow the pressure between the two check valves shall be less than the pressure on the public water supply side of the device. (2) In case of leakage of either of the check valves, the differential relief valve shall operate to maintain the reduced pressure in the zone between the check valves by discharging to the atmosphere. When the inlet pressure is two pounds per square inch or less, the relief valve shall open to the atmosphere. To be approved, these § 38-48 SOUTH BURLINGTON CITY CODE CD38:12 DR A F T devices must be readily accessible for in-line testing and maintenance and be installed in a location where no part of the device will be submerged. Cellar stop means the valve installed on the service pipe after it enters the building and before the water meter. May also be called ball valve, service gate valve. Chapter 21 means the most current version of the Vermont Water Supply Rule. City Center service area means that area of the city located in the Central District I zoning district, as designated by the city zoning regulations presently in effect or hereafter amended. Commercial or industrial unit means a single commercial or industrial unit, whether rented or owned by the business or occupant, which has independent ingress and egress or has common ingress or egress with other units within a building or structure, but with separate commercial or industrial facilities. Examples may include, but not be limited to, stores located in shopping centers or separate office or condominium units within a single building or structure. A commercial or industrial unit is for use for other than residential purposes. Completed construction means, for a single building, completion of all foundation, framing, siding, roofs and improvements, or for subdivision development, the completion of all building on all buildings on all lots. Connection fee means a two-part fee comprised of a connection fee and a water initiation fee imposed on applicants for the city's cost of performing, supplying materials, supervising, inspecting and administering a connection to the water system, including any water service extension, upgrade of a water service, or for any portion of these activities. Contaminant means any physical, chemical, biological, or radiological substance or matter in water. Contamination means an impairment of the quality of water which creates an actual hazard to the public health through poisoning or through the spread of disease by sewerage, industrial fluids, waste, etc. § 38-48UTILITIES CD38:13 DR A F T Corporation stop (corporation) means a valve for joining a service pipe to a street water main. It is usually owned and operated by the city. It cannot be operated from the surface. Cross connection means any physical connection or arrangement between two otherwise separate piping systems; one of which contains potable water, and the other, water or liquid of unknown or questionable safety, steam, gases or chemicals whereby there may be a flow from one system to the other. Curb stop means the valve that normally terminates the city's portion of the service line normally located at the highway right-of-way or public water main right-of-way and to which the building's service line is connected to provide water service to the user. Department means the city water department. For the purposes of this article, the terms "department" and "city water department" are interchange- able. Development means the construction of improvements on a tract of land for any purpose, including, but not limited to, residential, commercial, industrial, manufacturing, farming, educational, medical, charitable, civic, recreational, and religious uses. Development water flow means the estimated flow calculated using flow quantities, adopted as rules by the state, as promulgated at the time a water allocation letter is requested. Disconnection means the deliberate interruption by the department of water service to the user. Disinfectant means any substance, including, but not limited to, chlorine, chlorine dioxide, chloramines, and ozone added to water in any part of the treatment or distribution process, that is intended to kill or inactivate pathogenic microorganisms and potential pathogens. District means the legislative body of the Champlain Water District or its appointed representatives. Easement means the authorization of a property owner for the use by another or for a specified purpose, of any designated part of his property. Fire flow means the rate of flow, usually expressed in gallons per minute that can be delivered from a water distribution system at a specified residual pressure for firefighting purposes. § 38-48 SOUTH BURLINGTON CITY CODE CD38:14 DR A F T Fire service means the water service provided to a user for fire protection systems or equipment installed on the property of the user, such as a sprinkler system. First-come, first-served basis means the review of complete plans and applications for approval of a project in the order in which they were received by the department. Hydrant, private, means a hydrant not constructed by the city or within the city public right-of-way, nor on city property or within an easement owned by the city, or a hydrant that has not been accepted by the superintendent or council. Hydrant, public, means a hydrant installed by the city within public rights-of-way, on city property or within an easement owned by the city, or installed by a person other than the city, which has been offered to and accepted by the city, which acceptance is documented by action of the superintendent or council. Industrial fluids system means any fluid or solution which may be chemically, biologically or otherwise contaminated or polluted in a form or concentration which would constitute a health, system, pollution or plumbing hazard if introduced into an approved water supply. This may include, but not be limited to: polluted or contaminated used waters; all types of process waters originating from the public potable water system which may deteriorate in sanitary quality; chemicals in fluid form; plating acids and alkalis, circulated cooling waters connected to an open cooling tower and/or cooling waters that are chemically or biologically treated or stabilized with toxic substances; contaminated natural waters such as from wells, springs, streams, rivers, bays, harbors, seas, irrigation canals or systems, etc.; oils, gases, glycerine, paraffins, caustic and acid solutions and other liquid and gaseous fluids used industrially, for other processes, or firefighting purposes. Irrigation system means a network of piping designed to distribute water on or towards plant life to promote growth. Manifold means a pipe fitting with numerous branches to convey fluids between a large pipe and several small pipes or to permit choice of diverting flow from one of several sources or to one of several discharge points. Pathogenic means causing or capable of causing disease. § 38-48UTILITIES CD38:15 DR A F T Peak demand means the maximum momentary load placed on a water system. Permit means a written document issued by the city water department pursuant to this article giving designated persons permission to operate and/or construct, alter, renovate or connect to or draw water from the city water system. Person, customer or user means an individual, partnership, association, syndicate, company, firm, trust, corporation, government corporation, municipal corporation, institution, department, division, bureau, agency or any entity recognized by law requesting water from the city. Pollution means a condition representing the presence of nonpotable, harmful, or objectionable materials in water. Potable water means water free from impurities in amounts sufficient to cause disease or harmful physiological effects, with the bacteriological, chemical, physical and radiological quality conforming to applicable regula- tions and standards of the Safe Drinking Water Act administered by the state water supply division. Private street means any road, lane, or way, intended for vehicular access purpose, which serves a subdivision, and is neither owned nor maintained by the city. Private streets and hence, private water mains and appurtenances shall be marked as such on final plats. The planning commission, per the city's subdivision regulations, may adopt a street as private. Property owner or owner means that person or user identified as owner of a property by recorded deed. Public water system means a water system in which all owners of abutting properties have equal rights, and is controlled by public entity. Residential means water consumption consistent with common household activities. Retail department. The retail division of the Champlain Water District is responsible for the administration and operation of the retail water system owned by the city. Sampling means the act or technique of selecting a representative part of the water supply for testing and analysis. § 38-48 SOUTH BURLINGTON CITY CODE CD38:16 DR A F T Service connection means each single water pipeline, which provides water to an individual residential living unit, a commercial unit or an industrial unit from the public water system, is a service connection. The service connection shall start at the corporation stop at the main water line and extend inside the building to the water meter. The applicant, to department standards, shall construct the service connection on new construction. Once installed, the responsibility for maintenance and repairs on the service connection is split at the curb stop between the owner/applicant and the department. The department has the responsibility for maintenance from the main line to and including the curb stop which is normally located at the edge of the city right-of-way. The owner/applicant has responsibility for maintenance and repairs from beyond the curb stop to and inside the building with the exception of the meter. Standard methods means methods for examination of water and wastewater published jointly by the American Public Health Association, the American Water Works Association or the Water Pollution Control Federation or successor organizations. Subdivision means a tract of land, owned or controlled by a person, which has been partitioned or is intended to be divided for the purpose of sale or lease into two or more lots. The term "subdivision" includes any development of a parcel of land such as a commercial or industrial complex, multi-family project, planned unit development, or planned residential development. Superintendent means the retail superintendent of the Champlain Water District, or his authorized representative. Tapping sleeves means a split sleeve used in making a wet connection where a single branch line is to be tapped into a water main under pressure. Traverse means to cross via an easement through, or to pass within a city right-of-way along the edge of, the property in question. Valve boxes means a metal box set over a valve and rising to the ground surface, to allow access to the operating nut for opening and closing the valve. A cover is usually provided at the surface to keep out dirt and debris. Water main means a pipeline used for the transmission of water to hydrants and service connections, together with such appurtenant facilities as are necessary for the proper operation of the main. City water main means a water main constructed by the city within public rights-of-way, on city property or within an easement owned by the § 38-48UTILITIES CD38:17 DR A F T city, or a water main constructed by a person other than the city which has been offered to and accepted by the city, which acceptance is documented by action of the superintendent or council. Any other water main in the city which is not a CWD water main shall be deemed a private main for the purpose of this article. CWD water main means a water main owned and controlled by the Champlain Water District (CWD). Water supply system means any publicly owned water system operated as a public utility under a valid state permit to supply water for domestic purposes. The term "water supply system" includes all sources, facilities and appurtenances between the source and the point of delivery such as valves, pumps, pipes, conduits, tanks, receptacles, fixtures, equipment and appurtenances used to produce, convey, treat or store potable water for public consumption or use. Wet tap (tap) means a connection made to a main that is pressurized. (Ord. of 11-4-2002, art. I, § 1) Sec. 38-49. Abbreviations. For the purpose of this article, the following abbreviations shall have the meaning ascribed to them under this section. References to standards of the following organizations shall refer to the latest edition of it. ANSI means American National Standards Institute. ASME means American Society of Mechanical Engineers. ASTM means American Society of Testing and Materials. AWWA means American Water Works Association. CWD means the Champlain Water District. DRB means the development review board of the city. GMWEA means the Green Mountain Water Environment Association, Inc. NPC means National Plumbing Code. NeRWA means the Northeast Rural Water Association. NEWWA means New England Water Works Association, a section of AWWA. § 38-48 SOUTH BURLINGTON CITY CODE CD38:18 DR A F T NFPA means National Fire Protection Association. SBWD means South Burlington Water Department. (Ord. of 11-4-2002, art. I, § 2) Sec. 38-50. Water department rates and fees. All water department rates and fees are adopted by majority vote of the city council and are on file in the city clerk's office. (Ord. of 11-4-2002, app. I) Sec. 38-51. Hydrant use permit application. The city water department's hydrant use permit application is available in the city clerk's office. (Ord. of 11-4-2002, app. II) Secs. 38-52—38-71. Reserved. DIVISION 2. EXTENSION, MODIFICATION AND MAINTENANCE OF CITY AND CWD WATER MAINS Sec. 38-72. Constructing, connecting water main requires prior approval. No person shall construct a water main that is to be connected to a city water main without the prior written approval of the superintendent. (Ord. of 11-4-2002, art. II, § 1) Sec. 38-73. Water main standards and requirements. Any water main which is to be connected to a city water main shall be constructed in accordance with the following standards and requirements: (1) Minimum pipe size shall be eight-inch, unless the superintendent grants written approval for use of a smaller pipe size. The superintendent may require the installation of a larger pipe size. If the superintendent requires a pipe larger than that necessary for a development, then the city shall reimburse the person or developer installing the water main for the difference in cost of material between the eight-inch and the larger pipe. § 38-73UTILITIES CD38:19 DR A F T (2) Water mains shall be located within the right-of-way limits of public highways in the city, unless the superintendent grants written approval for locations of a water main on other property owned by the city or within an easement granted to the city. Where a water main is to be located in an easement, the easement shall: a. Be perpetual in duration; b. Be of sufficient width to accommodate the water main and reasonably needed or anticipated appurtenant facilities; c. Be of adequate scope to allow the perpetual repair, replacement, operation and use of the water main and appurtenant facilities located within the easement; d. Be sufficiently restrictive to prevent the installation or construc- tion of improvements within the limits of the easement, including landscaping improvements, that would place an unreasonable burden on the city when exercising its rights under the easement; e. Extend across the entire property of the property to be served to enable continuation of the main across adjoining property; and f. Act as a bill of sale to convey the water main and appurtenance facilities located in the easement to the city. (3) When a water main is extended to serve a specific property, the property owner shall be responsible for constructing the main to the property's furthest property line to allow for continuation to adjoining properties. (4) Persons designing and constructing water mains shall use the most recent version of the "Specifications and Details for the Installation of Water Lines and Appurtenances for All Water Systems Owned by the Champlain Water District, the City of South Burlington, Colchester Fire District #1, and the Village of Jericho." Looping of water lines shall be a design requirement wherever feasible. (5) Unless otherwise approved by the superintendent in writing, all water main construction work shall be performed between April 1 and November 15. (6) A water main shall not be placed in service until the superintendent issues written authorization of such action. Such authorization will § 38-73 SOUTH BURLINGTON CITY CODE CD38:20 DR A F T not be issued until, at a minimum, the superintendent has been provided written certification from a professional engineer licensed in the state that the water main and appurtenant facilities: a. Have been constructed in accordance with approved plans and required standards; and b. Have been inspected and tested with results that demonstrate compliance with applicable standards. (Ord. of 11-4-2002, art. II, § 2) Sec. 38-74. Testing and disinfection of pipeline. (a) All water mains shall be constructed, tested and disinfected in accordance with the specifications noted in section 38-73. The test pressure for all mains shall be minimum of 200 psi; or 150 percent of working pressure, whichever is greater. (b) All costs for all water, materials, equipment and labor to perform the required testing and disinfections of the pipeline shall be borne by the contractor. (c) From the date the new system is placed into service, for one year, the developer/contractor will be responsible for any necessary repairs or correc- tions. (Ord. of 11-4-2002, art. II, § 3) Sec. 38-75. Excavation work requires prior approval. No person shall initiate excavation work within the limits of any city or the Champlain Water District (CWD) water main easement without the prior written approval of the superintendent. (Ord. of 11-4-2002, art. II, § 4) Sec. 38-76. Modifications or connections to water main requires prior approval. No person shall perform any work or make any modifications or connec- tions to a city or CWD water main without the prior written approval of the superintendent. (Ord. of 11-4-2002, art. II, § 5) § 38-76UTILITIES CD38:21 DR A F T Sec. 38-77. Maintenance of water mains. The department shall be responsible for the maintenance of all city water mains. The department shall oversee the maintenance of private water mains at current rates for labor and material that shall be billed to the private water main owner. (Ord. of 11-4-2002, art. II, § 6) Sec. 38-78. Maintenance of hydrants. (a) The department shall be responsible for the maintenance of all hydrants in the city. (b) Each private hydrant shall be assessed a private hydrant fee. (c) The department shall provide routine service, including flushing, lubricating, flow testing, painting, pumping and leak detection, to private hydrants for such fee. (d) Work beyond routine labor and material shall be performed at current rates for labor and material and billed to the hydrant owner. (Ord. of 11-4-2002, art. II, § 7) Sec. 38-79. Connecting to Champlain Water District transmission pipelines. Persons wishing to connect to or tap a water line owned by the CWD must contact the superintendent. (Ord. of 11-4-2002, art. II, § 8) Sec. 38-80. Private water mains and hydrants. (a) The department shall not maintain any water lines that have not formally been accepted by the city as stated in section 38-73, except in subdivisions that are designed to department specifications and are intended to be accepted, as defined in subsection (e) of this section. (b) All water lines and appurtenances not located in the city right-of-way or public grounds shall be considered private pursuant to this article and other city ordinances. (c) All water mains and appurtenances located within an area so designated as restricted or private by the developer shall be considered private. § 38-77 SOUTH BURLINGTON CITY CODE CD38:22 DR A F T (d) Water lines, hydrants, and appurtenances installed at the request of a property owner in a location that none was planned or intended shall be considered private, unless waived by the council. (e) All water mains and appurtenances in new developments which have not had final inspections by the department, or are still under warranty by the contractor, though not subject to an annual fee, are liable for all other fees or charges if services are requested by the developer, until such time as the lines are deeded over and accepted by the city, pursuant to this article and other city ordinances. (Ord. of 11-4-2002, art. II, § 9) Secs. 38-81—38-103. Reserved. DIVISION 3. BUILDING WATER SERVICE CONNECTIONS Sec. 38-104. Permit required. (a) No person shall initiate construction work to make a connection to a city or CWD water main without obtaining a permit from the department authorizing such connection. (b) Application for a permit shall be made on forms provided by the department and shall be supplemented by any plans, specifications or other information which the department deems necessary to review the applica- tion. Required application fees shall accompany applications. (c) Any person proposing a new water allocation from the distribution system or a substantial change in the volume from the system shall notify the department at least 45 days prior to the proposed change or connection. (d) No such change or connection shall be made without written approval from the superintendent as required in this article. (e) The allocation request shall be supplemented by any plans, specifica- tions, or other information considered pertinent by the department. (Ord. of 11-4-2002, art. III, § 1) § 38-104UTILITIES CD38:23 DR A F T Sec. 38-105. Applications. The department shall act on applications for connections to CWD water mains in accordance with procedures established by the department. Applicants seeking approval for such connections shall be subject to all applicable department procedures, requirements and fees. (Ord. of 11-4-2002, art. III, § 2) Sec. 38-106. Service connection requirements. (a) Service connections to city water mains shall be subject to the following requirements: (1) All costs and expenses incident to the installation and connection of the building water service connection from the water main to the building or structure shall be borne by the owner. The department shall perform all necessary excavation from the main to the curb stop unless the department gives permission to allow excavation by others. The property owner/agent is responsible and must provide all neces- sary excavation from the curb stop to the building structure. The owner shall indemnify the department from any loss or damage that may directly or indirectly be occasioned by the installation of the water service connection. (2) A separate and independent corporation stop and curb stop with approved curb box shall be provided for every building. Where one building stands at the rear of another or on an interior lot and no water system is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the department may allow two services from a single corporation stop, providing each building has a separate curb stop and curb box. Use of an existing single corporation stop and service line may only be used when found on exam by the department, to be in satisfactory condition and meeting all requirements of this article. The burden of proof and all expenses incurred by the department to determine the condition and adequacy of the service line shall be borne by the owner of said service line. (3) The size, depth, alignment, materials of construction of the building water service connection and the methods to be used in excavating, placing the pipe, jointing, testing and backfilling the trench shall all conform to the requirements of the specifications noted in division 2 of § 38-105 SOUTH BURLINGTON CITY CODE CD38:24 DR A F T this article or other applicable rules and regulations of the depart- ment. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the National Plumbing Code, Ten States Standards for Water Main and AWWA Standards, all latest editions, shall apply. Furthermore, the following additional standards shall apply: a. New type "K" copper shall be used for all service lines up to and including two-inch diameter pipe from the corporation stop to the curb stop. No PVC may be used between the main and curb stop. b. Service connections over two inches shall require a tapping sleeve and valve. c. New service lines up to two inches shall be copper from the curb stop to the building. The department reserves the right to inspect all water service lines from the curb stop to the building. d. All service connections shall be laid at a minimum depth of six feet, unless specifically waived by the department. e. Service connection taps to the main water line shall only be performed by firms qualified to perform the service connection tap. The qualifications of a firm to perform this tap shall be determined by the department. The specifications noted in division 2 of this article contain additional guidelines for the installation of building service connections. (b) Prior to any service connection being made to the main water line, the superintendent, or his designee, shall be given at least two working days' notice in order that the work can be scheduled for inspection. (1) All service connections will be made during normal workday hours and no connection shall be allowed on Saturday, Sunday or legal district holidays. (2) If the superintendent, or his designee, has not been properly notified and the work has proceeded, the superintendent, or his designee, may require the completed work to be uncovered for examination, at the owner's expense and/or be prepared to bear all repair costs if problems arise. (3) The property owner/agent shall agree, as a condition of receiving approval for connection to the department water system, to restore the § 38-106UTILITIES CD38:25 DR A F T street, sidewalk, curbs, electrical lines, grassed or open areas or other features to their original conditions after the installation of the said water line. (4) The property owner/agent shall be responsible for obtaining all local and/or state permits required prior to any excavation. (5) Failure to comply with proper restoration of facilities may subject the property owner to penalties regardless of whether the installation was performed by the owner of the property or another party. (Ord. of 11-4-2002, art. III, § 3) Sec. 38-107. Service connection installation. All service connections to city water mains shall have water meters that shall be installed as follows: (1) All buildings connected to the city-owned water system shall be required to have meters installed. (2) The property owner of all buildings shall be required to perform all interior or exterior plumbing necessary to accommodate the required meters. (3) The department will provide a meter with an outside reader in one of the following sizes for each structure. Meter size will be determined by the department based on flow information supplied to them from the developer or engineer. Service Connection Meter Size Meter Size Operating Range 5/8" x 3/4"1/2—20 gpm (standard residential) 3/4" x 3/4"3/4—30 gpm 1"1—50 gpm 11/2"2—100 gpm 2"21/2—160 gpm (4) In the event an owner desires additional meters within a structure after the department's meter to further establish usage in addition to the stated requirements, it shall be the owner's responsibility to purchase, install, read and maintain these additional meters. The meters shall be approved by the department prior to installation. § 38-106 SOUTH BURLINGTON CITY CODE CD38:26 DR A F T (5) In cases where the superintendent determines that it is not feasible or in the best interest of the city to install individual meters for multiple units, the department may allow a single meter to serve multiple units. The number of meters required shall be determined solely by the department. (6) Additional meters for the purpose of identifying specific commercial/ industrial flows due to the subdivision of an existing building may be installed if approved by the department. Where such additional meters are to be used by the department as a basis for billing, the department shall install the meters at the owner's expense at current connections fees. (7) It is the responsibility of the department to fix, check or replace defective or non-working meters within the department. The depart- ment will provide any normal maintenance of meters without charge. It is the responsibility of the owner to provide the department access to the building, upon request by the department, to replace, fix or check the non-working meter. The owner shall take reasonable measures to protect the inside meter and outside reader from damage. Reasonable space shall be provided around the meter for accessibility to remove, repair, install, wire, and read the meter. All meters shall be set horizontally and upright. (8) Each meter installed shall be controlled by a curb stop directly associated with the meter unless waived by the superintendent. (9) Water users must connect all fixtures supplied with water on their premises through their meters in such a manner that all water used will be measured. (10) Failure of a building owner to provide access to the water meter for repairs, maintenance or upgrade, upon request by the department, shall be considered a violation of this article. (Ord. of 11-4-2002, art. III, § 4) Sec. 38-108. Testing; defects. (a) The department may require appropriate tests be made to the pipes and appurtenances and the owner or his agent, at their 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 department. § 38-108UTILITIES CD38:27 DR A F T (b) The department reserves the right to demand any unmetered use, whether intentional or unintentional, be corrected within a reasonable period of time. (c) The department may send an estimated bill for unmetered water to the owner. (Ord. of 11-4-2002, art. III, § 5) Sec. 38-109. Water service maintenance and repair. (a) The city owns and is responsible for maintenance and repair of water service connections from the city-owned main line up to and including the curb stop, and the water meter. Only a department employee may operate, repair, replace, remove, or modify these items. The owner is responsible for the service line from the curb stop to the building and for all internal plumbing except for the meter. (b) Water service lines that have only a tapping valve connected to a city-owned water main, controlling the flow of water through the line to the building shall only be owned and maintained by the department up to and including the tapping valve. All costs associated with the repair and maintenance beyond the tapping valve, even if the line is located within the city right-of-way, shall be borne by the owner. (c) It shall be unlawful for any person other than those authorized by the superintendent to turn water on or off at the curb stop or gate valve. (d) It shall be unlawful to remove any seal or connecting pin from a valve, meter, or appurtenance. (e) A cellar stop shall be installed before the meter and a second valve installed on the opposite side of the meter so that the meter can be isolated. The owner shall be responsible for all costs associated with the purchase and installation of such valves. No bypass lines shall be installed around the meter without approval of the superintendent. (Ord. of 11-4-2002, art. III, § 6) § 38-108 SOUTH BURLINGTON CITY CODE CD38:28 DR A F T Sec. 38-110. Loss or damage to meter or equipment. In case of loss or damage to the water meter, or equipment supplied by the city, the customer shall be liable for the repair and/or replacement of the meter or equipment. Such charges shall include the labor costs of removing, repairing or replacing the meter or equipment. (Ord. of 11-4-2002, art. III, § 7) Sec. 38-111. Private water systems. (a) A private water system to which the customer has connected a city water service line shall be disconnected before city water service begins, so that water from the private system cannot feed back into the city distribution system. (b) The department reserves the right to inspect premises at any time for compliance with this section. (c) The use of pumps at a customer's premises, which pumps are connected in any way to the city water service is prohibited except upon the prior written consent of the department. (d) In no instance shall any pump use be allowed to interfere with the quality of service to other city customers, and/or where the possibility of damage to piping of the city or other customers could occur. (Ord. of 11-4-2002, art. III, § 8) Sec. 38-112. On-site wells. (a) On-site wells will not be permitted for new construction where the city water supply is reasonably available, unless waived by the superintendent. (b) The owner of any house, building, or property used for human occupancy, employment, recreation, or other purposes, situated within the city and abutting any street, alley, or right-of-way in which there is located city water, is hereby required, at his own expense, to connect such property to the city water main within 180 days of official notice to do so, unless specifically exempted from this provision by the council. Such notice may be given in the event of a situation that may affect the health of city residents. (Ord. of 11-4-2002, art. III, § 9) § 38-112UTILITIES CD38:29 DR A F T Sec. 38-113. Water supply must be protected prior to service connec- tion. (a) No water service connection to any premises shall be installed or maintained by the city water department unless the water supply is protected as required by the most recent version of the ordinance from which this article is derived and the rules and regulations for the control of cross connections within the city. (b) Service of water to any premises shall be discontinued by the superintendent if a required backflow prevention assembly is not installed, tested, and maintained, or if it is found that a backflow prevention assembly has been removed, bypassed, or if an unprotected cross connection exists on the premises. (c) Service will not be restored until such conditions or defects are corrected. (Ord. of 11-4-2002, art. III, § 10) Sec. 38-114. Seasonal service. Seasonal service shall be supplied primarily from April 15 to November 1, depending on frost conditions and weather. (Ord. of 11-4-2002, art. III, § 11) Sec. 38-115. Meter test fee. (a) A meter test fee shall be charged against the customer's account for those who request that their meter be removed and tested. The customer shall be informed of this fee prior to the removal of the meter for testing. (b) The customer shall not be charged for a meter test if the meter is found to be registering fast, outside of AWWA standards. (c) Notwithstanding this section, residential customers may request a meter test once every five years at no cost to the customer. (Ord. of 11-4-2002, art. III, § 12) Sec. 38-116. Excavations for building water service connections. All excavations for building water service connections shall be adequately guarded with barricades and lights so as to protect the public from hazard. Construction within the city right-of-way shall only be performed when § 38-113 SOUTH BURLINGTON CITY CODE CD38:30 DR A F T appropriate permits have been obtained. Construction within the state highway right-of-way may require a permit from the state agency of transportation. Every effort shall be made to permit vehicular traffic at all times. (Ord. of 11-4-2002, art. III, § 13) Sec. 38-117. Water allocation. (a) Ownership of capacity. (1) The city owns the water distribution system and utilizes the CWD- owned water storage system within the city and CWD policies. The city is obligated to comply with conditions put forth by the state department of environmental conservation water supply division as it relates to water distribution and water storage requirements. (2) The capacity of the city's water distribution and storage system is the property of the city. (3) Capacity calculations shall include a reserve capacity of 50,000 gallons per day for the City Center, which amount may be reduced from time to time upon the granting of final allocations for development within the City Center service area. (b) Reserve capacity allocation. (1) All allocations to projects shall be based on the development water demands. Any differential between actual demands and requested demands is not available for reallocation for another project or for project expansion. (2) Persons seeking an allocation of uncommitted reserve capacity shall apply to the department for a preliminary allocation on an authorized form. a. Such application shall be accompanied by a calculation of the development water demand to be generated by the project/ development following Vermont Water Supply Rule requirements; b. Unless waived by the superintendent, all calculations over 1,000 gallons per day (gpd) shall be certified by a state-registered engineer. § 38-117UTILITIES CD38:31 DR A F T (c) Preliminary allocation determination. (1) Upon receipt of the application for water allocation with supportive documents, the superintendent shall make a preliminary determina- tion regarding allocation of uncommitted reserve capacity. The superintendent shall issue a preliminary allocation upon making affirmative findings that there is sufficient reserve capacity, including the City Center reserve capacity, as of the date of the application to accommodate the development water supply demand for the proposed development. (2) A preliminary determination by the superintendent for allocation capacity shall not constitute a binding commitment of capacity to the applicant and may be revoked by the superintendent before a final allocation of capacity is granted if uncommitted reserve capacity ceases to be available. A preliminary determination may be used by the applicant that a proposed development has sufficient water capacity available to proceed through the development review process. (d) Final capacity allocation. (1) An applicant who holds a preliminary allocation of capacity may apply for a final application, upon occurrence of the following: a. Obtained site plan, conditional use and/or variance approvals, if such approvals are the only approvals except a zoning permit, required for the proposed development under city zoning and subdivisions regulations then in effect; b. Obtained final approval for a subdivision, planned unit develop- ment or planned residential development if such approvals are the only approvals, except a zoning permit, required for the proposed development under city zoning and subdivision regulations then in effect; c. Obtained all approvals required under subsections (d)(1)a and b of this section, if such approvals are required for the proposed development under city zoning and subdivision regulations then in effect; or d. Does not require any approvals under city zoning and subdivision regulations then in effect. § 38-117 SOUTH BURLINGTON CITY CODE CD38:32 DR A F T (2) Upon receipt of an application for a final allocation, the superintendent 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 develop- ment. (3) A grant of final allocation shall constitute a binding commitment of water capacity to the applicant subject to the applicant's compliance imposed on such allocation. The final allocation shall specify the allowed volume and any other characteristics determined appropriate by the superintendent. (4) The 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. (e) Expiration of allocation. (1) A final capacity allocation shall expire on the date that any approval required for grant of the final allocation expires, unless the applicant has obtained a zoning permit for the development and initiated the action for which the zoning permit has been granted. (2) Subsection (e)(1) of this section notwithstanding, for developments which an applicant has obtained a portion of the zoning permits, the remaining portion of the final allocation shall expire five years from the date of issuance of the final allocation, unless extended as provided below. (3) The applicant may apply to the superintendent to extend the capacity allocation for one period of five years from the date of expiration of the final allocation. (4) Upon expiration of the final allocation or any portion thereof, the remaining capacity shall revert to the city. (f) Project review and approval. The department shall strive to review and approve projects on a first-come, first-served basis. However, the department retains the right to review applications on other than a first-come, first- served basis if the department deems such action is in the city's best interest. (Ord. of 11-4-2002, art. III, § 14) Secs. 38-118—38-147. Reserved. § 38-147UTILITIES CD38:33 DR A F T DIVISION 4. USE OF PUBLIC WATER SUPPLY SYSTEM Sec. 38-148. Primary use. The primary use of the public water supply system shall be for the supply of potable water to all connected users for residential, commercial, institutional, agricultural and industrial consumption and fire protection for structures within the area served by the distribution system. (Ord. of 11-4-2002, art. IV, § 1) Sec. 38-149. Auxiliary use. (a) Auxiliary use of the public water system, such as using hydrants to fill swimming pools and the like, shall only be permitted when such uses are approved by the department and not in conflict with the primary uses under section 38-148. (b) Flooding ice rinks from hydrants is not permitted as an auxiliary use. (Ord. of 11-4-2002, art. IV, § 2) Sec. 38-150. Hydrant use; permits. (a) Except for hydrant use by fire departments in fighting fires or practicing for firefighting, or department use, all of the hydrants in the city shall require prior approval and issuance of a hydrant use permit. The fee schedule is as set forth in division 8 of this article. The applicant shall be responsible for providing the necessary hoses. The department shall be responsible for attaching and disconnecting hydrant nozzle gate valves, water meters and backflow devices as required. Water drawn from any fire hydrant shall be considered nonpotable and therefore not normally used for human consumption without further treatment. (b) Hydrant permit holders shall be financially responsible for the damage to any hydrant, meter, gate valve, or backflow device, caused by the permit holder or their agent's failure to protect said equipment during use. The hydrant permit holder shall also be financially responsible for the loss of said equipment. (Ord. of 11-4-2002, art. IV, § 3) § 38-148 SOUTH BURLINGTON CITY CODE CD38:34 DR A F T Sec. 38-151. Water supply in an emergency. In the event of an emergency, the department shall have the right to: (1) Temporarily cut off the water supply in order to make necessary repairs, connections, etc. While it is the intention to give notice in advance of planned work that may necessitate interruption of the supply, notice is to be considered a courtesy only, and not a require- ment on the part of the city. In the case of a break in a pipeline, water may be shut off without notice to perform emergency repairs. (2) Reserve sufficient supply of water at all times in storage tanks to provide for fires or other emergencies, and restrict and regulate the quantity of water used by customers in case of scarcity or whenever the public welfare may require such restriction or regulation. (3) Prescribe any temporary regulations as necessitated by emergency conditions. (Ord. of 11-4-2002, art. IV, § 4) Sec. 38-152. City not responsible for injury, loss, or damage. (a) The city shall not be liable for any injury, loss or damage of whatever nature occasioned by the failure to maintain a constant uniform pressure within the water mains, leakage of hydrants, pipes, or other appurtenances or for damages occasioned by or growing out of a stoppage of said water by frost or other causes, or for damage occasioned by or growing out of an insufficient supply of the same, or for accident or damage of any kind caused by or growing out of the use or failure of said water. (b) The city shall not be responsible for damage caused by dirty water, which may be occasioned by the cleaning of pipes or the opening and closing of gate valves or hydrants, when said work is done with reasonable care on the part of the department. (Ord. of 11-4-2002, art. IV, §§ 5, 6) Sec. 38-153. Water quality emergency; notification. (a) In case of a water quality emergency, the department, in accordance with Chapter 21 rules, shall notify the consumer immediately. § 38-153UTILITIES CD38:35 DR A F T (b) The department is ultimately responsible for water quality to the last tap on the municipal system. The term "last tap" means the last point on the system where water enters into a building and is registered at a water meter. (c) Credit shall not be issued for the minimal use of water that is not fit for consumption by human or animal. (d) Water quality notices shall be lifted only after the requirements of Chapter 21 have been achieved. (Ord. of 11-4-2002, art. IV, § 7) Sec. 38-154. Exemption from sewer charges as it relates to pool filling and lawn watering. (a) Independent water meters. Any homeowner may request the installa- tion of an independent water meter that will be exempt from sewer charges. This meter may be installed by the SBWD after all criteria are met regarding its installation. After its installation no sewer charge will be assessed to any water used through this meter. The homeowner shall be responsible for all other charges associated with the meter, including minimum billing fees charged to the account whether the meter is active or not. (b) Definition of an independent water meter. For purposes of this policy, the term "independent water meter" means one that measures water that is not discharged into the sanitary sewer system. Possible uses include lawn irrigation system meters, and designated pool filling meters. (c) Criteria for installation of independent meters. All requirements regard- ing water meters as stated in this article shall apply. This meter shall be installed before the existing house meter so that no usage recorded through it is also recorded through the house meter. In addition, each independent meter shall have a minimum Watts Series 007 backflow prevention device, or approved equal, installed immediately after the meter. The line supplied by this meter shall have no connections to any part of the house plumbing system; it shall only supply an outside spigot or irrigation system that was initially applied for. The owner shall provide access to the SBWD, upon request, to replace, fix or inspect the meter. (d) Pool filling. Property owners shall be encouraged to fill swimming pools from house spigots and not from hydrants whenever possible. Property owners shall be exempt from sewer charges when installing and filling a new pool or when replacing a liner that requires complete filling of the pool from § 38-153 SOUTH BURLINGTON CITY CODE CD38:36 DR A F T the tap. The property owner must notify the department no less than two working days in advance prior to filling the pool. Upon notification, a department employee will visit the property to determine the size of the pool. The department employee shall use standard pool filling quantity formulas to determine how much water will be needed. That amount shall then be credited from sewer charges at the next billing. This exemption from sewer charges shall not apply to topping off pools, or for leaks. If it is determined that it is not feasible to fill a swimming pool from a house spigot and a nearby hydrant is available for this use, then the property owner may fill from that hydrant, provided: (1) The hydrant shall only be used to fill a new pool or when filling a pool that has had a new liner installed. Topping off a pool from a hydrant shall not be permitted. (2) The department shall be notified no less than two working days prior to the pool filling. (3) The property owner shall be responsible for paying the current fire hydrant user fee in advance in addition to the current water rate for all water that passes through the hydrant meter. (4) The hydrant must be in a location so that the hose line does not cross any roads or drives in order to reach the pool. (5) The property owner shall be responsible for obtaining all hose necessary to extend from the hydrant to the swimming pool. (6) The pool filling shall only take place between 8:00 a.m. and 2:30 p.m. (7) The property owner shall be responsible for all property damage incurred with the use of the hydrant for pool filling. (8) The department shall not be held responsible for any discolored (rusty) water discharged into the pool. If the above criteria can be met, then the department shall install a hydrant nozzle gate valve, hydrant meter and backflow prevention device to the hydrant. The department shall flush the hydrant until the water appears satisfactory, close the hydrant nozzle gate valve and take a start reading from the hydrant meter. The property owner or pool company representative shall connect all hoses and open the hydrant nozzle gate valve to fill the pool. At the completion of the filling, the property owner or pool company representa- tive shall close the hydrant nozzle gate valve, disconnect the hose, and notify § 38-154UTILITIES CD38:37 DR A F T the department that the pool filling is complete. The department shall close the hydrant and take a final reading on the hydrant meter to determine actual usage for the pool filling. The property owner shall then be billed for the amount of water used during the pool filling process. (Ord. of 11-4-2002, art. IV, § 8) Sec. 38-155. Private hydrants and fire services. (a) The department maintains a listing on file of so-called private hydrants and fire services. Private water mains, and businesses within the city water system with fire hydrants, or sprinkler services are billed annually. (b) The private hydrant charge is imposed in order to defer costs associ- ated with the routine maintenance and testing costs incurred by the department; similar to a service contract. Costs associated with damages and charges outside of routine maintenance are billed to the private hydrant owner. The fire service charge relates to potential unmetered water use through a fire sprinkler system. (c) The fire service and private hydrant charge shall be established or revised from time to time by resolution of the city council. (Ord. of 11-4-2002, art. IV, § 9) Secs. 38-156—38-178. Reserved. DIVISION 5. PROTECTION FROM DAMAGE Sec. 38-179. Tampering with public water system prohibited. (a) No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is part of the public water system. (b) Any person violating subsection (a) of this section shall be subject to immediate arrest under the charge of unlawful mischief as set forth in 13 V.S.A. § 3701. (c) Any person violating this division, on conviction thereof, shall be fined a maximum amount allowed under state statute for each violation. (Ord. of 11-4-2002, art. V, § 1) § 38-154 SOUTH BURLINGTON CITY CODE CD38:38 DR A F T Sec. 38-180. Repair or replacement costs. Actual repair or replacement costs shall be charged to the owner or operator of any motor vehicle which shall cause such damage to any fire hydrant, blow off, or appurtenance. Hydrants, valves, curb stops, and standpipes shall not be tampered with or opened or closed by any person except department employees or authorized persons. (Ord. of 11-4-2002, art. V, § 2) Sec. 38-181. Obstruction of water distribution system prohibited. No person shall in any way, interfere or obstruct access to any valves, curb stops, fire hydrants, or other appurtenances within the city water distribu- tion system. (Ord. of 11-4-2002, art. V, § 3) Sec. 38-182. Contamination of public water supply unlawful. It shall be unlawful to cause or have caused the deliberate or unintentional contamination of publicly owned water mains or the water supply. (Ord. of 11-4-2002, art. V, § 4) Sec. 38-183. Permit required for fire hydrant use. No unauthorized use of any fire hydrant within the city shall be permitted. Any person or firm found to be in violation of this section may not be granted a hydrant permit within the city in the future. Any person or firm found to be in violation of this section shall be charged for a minimum water use fee and the hydrant hook-on fee. (Ord. of 11-4-2002, art. V, § 5) Sec. 38-184. Wasteful consumption prohibited. No person shall permit water from the water system to run to waste through any fixture for any purpose that causes wasteful consumption without the prior approval of the superintendent. The department shall restrain and prevent any and all waste of water to that end and may, when necessary, turn off water or take such other action as, in its judgment, appears proper. (Ord. of 11-4-2002, art. V, § 6) § 38-184UTILITIES CD38:39 DR A F T Sec. 38-185. Violation. It shall be a violation of this article for any customer to violate a city conservation notice or order. (Ord. of 11-4-2002, art. V, § 7) Secs. 38-186—38-208. Reserved. DIVISION 6. POWERS AND AUTHORITY OF INSPECTORS* Sec. 38-209. Inspection by superintendent of properties; powers and authority; disconnection of service. (a) The superintendent and other duly authorized employees of the department bearing proper credentials and identification shall be permitted to enter all properties with fair notice to the building owner, resident or occupant for the purposes of inspection, observation, measurement, sampling, and testing and maintenance in accordance with the provisions of this article. (b) If a property owner, resident or occupant denies the superintendent or other duly authorized employees of the department access after reasonable notice has been provided to the property owner, resident or occupant, the superintendent may direct disconnection on 48 hours' written notice to the owner, resident or occupant. Once water service has been disconnected, it will not be restored until access has been provided and the department has been paid all applicable charges. (Ord. of 11-4-2002, art. VI, § 1) Sec. 38-210. Indemnification. While performing the necessary work on private properties referred to in section 38-209, the superintendent or duly authorized employees of the department shall observe all safety rules applicable to the premises established by the owner or tenant, and the owner or tenant shall be held harmless for injury or death to the department employees. The department employees and the department shall indemnify the owner or tenant against liability claims and demands for injury or property damage, except as may be caused by *State law reference—Uniform water and sewer disconnection regulations, 24 V.S.A. § 5141 et seq. § 38-185 SOUTH BURLINGTON CITY CODE CD38:40 DR A F T negligence or failure of the owner or tenant to maintain safe premises or conditions, including conduct of agents or employees of the owner or agent, as applicable. (Ord. of 11-4-2002, art. VI, § 2) Sec. 38-211. Inspection by superintendent of private properties; entry and subsequent work on easement. The superintendent and other duly authorized employees of the depart- ment bearing proper credentials and identification shall be permitted to enter all private properties through which the city water department holds an easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the water works lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the easement pertaining to the private property involved. (Ord. of 11-4-2002, art. VI, § 3) Sec. 38-212. Authority to inquire into any processes affecting safe, potable water. The department shall have the authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other uses beyond the water meter or backflow prevention device that may have a direct bearing on providing safe, potable water to its users. (Ord. of 11-4-2002, art. VI, § 4) Secs. 38-213—38-232. Reserved. DIVISION 7. PENALTIES Sec. 38-233. Civil penalties; waiver fees. (a) Any violation of this article, except as set forth in section 38-234, may be pursued as a civil violation utilizing the civil ordinance enforcement procedures set forth in 24 V.S.A. § 1974a. (b) Each day a violation continues shall be considered a new violation. (c) An issuing municipal official is authorized to recover civil penalties in the following amounts for each violation: § 38-233UTILITIES CD38:41 DR A F T Civil Penalties - Water System First offense $50.00 Second offense $75.00 Third offense $150.00 Fourth offense $300.00 Fifth offense and subsequent offenses $500.00 Offenses shall be counted on a calendar-year basis. (d) In such civil proceedings, an issuing municipal official is authorized to recover a waiver fee, in lieu of civil penalty, in the following amount, for any person who declines to contest a municipal complaint and pays the waiver fee: Waiver Fees - Water System First offense $20.00 Second offense $40.00 Third offense $80.00 Fourth offense $160.00 Fifth offense and subsequent offenses $350.00 Offenses shall be counted on a calendar-year basis. (Ord. of 11-4-2002, art. VII, § 1) Sec. 38-234. Violations. Any violation of the sections set forth below may be pursued as a criminal violation utilizing the criminal ordinance enforcement procedure set forth in 24 V.S.A. § 1974: (1) Sections 38-75 and 38-76. (2) Sections 38-104, 38-111 and 38-113. (3) Section 38-150. (4) Section 38-182. (Ord. of 11-4-2002, art. VII, § 2) Sec. 38-235. City has right to institute civil action. In addition to the enforcement authority set forth above, the city shall have the right to institute civil action which it deems appropriate to obtain injunctive or monetary relief. (Ord. of 11-4-2002, art. VII, § 3) § 38-233 SOUTH BURLINGTON CITY CODE CD38:42 DR A F T Sec. 38-236. Notice of violation; correction. The department shall, when in its discretion time allows, provide any person found to be violating any provision of this article with written notice stating the nature of the violation and providing a reasonable time period for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, correct the violation. (Ord. of 11-4-2002, art. VII, § 4) Secs. 38-237—38-265. Reserved. DIVISION 8. RATES Sec. 38-266. Authority to establish rates. (a) The city council shall have the authority to establish rates, including service initiation fees, hydrant use fees, user fees, turn-on/shut-off fees, and other similar fees to defray the costs of planning, design, construction, operation and maintenance of the system. (b) The rates shall be established by resolution at an open meeting of the city council. (Ord. of 11-4-2002, art. VIII, § 1) Sec. 38-267. Service application, connection and initiation fee. (a) All new users shall pay a service connection fee at the time of submittal of the application for water service. (b) The water service application fee is a two-part fee comprised of a service connection fee and a water service initiation fee. (c) The service connection fee defrays the city's past, current and future costs, both direct and indirect, of providing potable water and water for fire protection to the customer. (d) The water service initiation fee covers the costs of tapping the water main based on time and material. (e) See rate and fee information in section 38-50. (Ord. of 11-4-2002, art. VIII, § 2) § 38-267UTILITIES CD38:43 DR A F T Sec. 38-268. Hydrant use fee. (a) A hydrant use fee shall be paid by all users (not including the fire department while fighting or practicing the fighting of fires) for use of any hydrant within the city's distribution system at the time of submittal for the application for hydrant use. (b) The hydrant fee schedule is on file in the city clerk's office. (c) In addition to payment of the hydrant use fee, the applicant shall be responsible for payment of normal user fees for all water taken from the hydrant. (d) All hydrant use must be completed during normal department working hours so as to allow adequate time for shut down and retrieval of the meter. (e) Hydrant use in excess of the standard one-day period may be approved by the superintendent if such use is determined not to be in conflict with any provision of this article. (f) Any outstanding balance due for water charges from a requesting individual or firm shall be paid in full prior to connecting a hydrant meter to any hydrant within the city. (Ord. of 11-4-2002, art. VIII, § 3) Sec. 38-269. Water usage fee. A user fee shall be paid by all users of the department water system based upon the multiplied product of their metered water usage, and a water rate per 1,000 cubic feet as set by the city council, except as set forth in subsection (1) or (2) of this section, and as shown in the rate and fee schedule on file in the city clerk's office: (1) There shall be a minimum water usage fee for each individual account, the equivalent of 1,000 cubic feet per billing cycle. a. The minimum use fee reflects the fact that all users of the system receive some level of fire protection in addition to the benefit of potable water use. This charge is also based in part of the significant portion of water system expenses that are independent of actual customer usage. b. This fee is payable whether or not water is physically turned on or off to the facility at the meter during part or all of the billing § 38-268 SOUTH BURLINGTON CITY CODE CD38:44 DR A F T period, provided the service connection is physically connected to the main line. Water service termination at the curb stop needs to be arranged in order to not be responsible for at least a minimum quarterly bill. No abatement of water rates will be allowed by reason of disuse, diminished use, or vacancy of premises without proper notice to the department. (2) Any account that has been finalized between regular billing cycle readings shall be billed for the larger of: the actual metered usage, the estimated usage, or the minimum charge for the billing period, when 30 days or more have occurred since the last reading. For readings less than 30 days apart, no water usage charge shall be applied, unless actual usage is 1,000 cubic feet or more. (Ord. of 11-4-2002, art. VIII, § 4) Sec. 38-270. Shut-off and turn-on fees. (a) There shall be shut-off and turn-on fees as determined by the city council for turning on and shutting off water at the curb stop. (b) These fees shall be charged in all cases, except when it is determined that there is a problem with the service connection between the curb stop and the main line or a problem with the meter or meter connection fittings. (c) Fees for services associated with delinquency disconnects shall be the maximum allowed under 24 V.S.A. ch. 129, Uniform Water and Sewer Disconnect. (d) The owner of the property is responsible for all problems between the curb stop (not including the curb stop) and the building with exception of the meter itself, which is the department's responsibility. (e) When multiple service calls are required for a single repair, each call shall be billed individually. (f) These fees are shown in the rate and fee schedule on file in the city clerk's office. (Ord. of 11-4-2002, art. VIII, § 5) Sec. 38-271. Sinking fund. Excess revenues may be placed into a sinking fund, accessible for use on water system related construction improvements, or debt retirement. (Ord. of 11-4-2002, art. VIII, § 6) § 38-271UTILITIES CD38:45 DR A F T Sec. 38-272. Water charge invoice; delinquency. (a) Water charges will be invoiced quarterly to residential and commercial accounts. Water charges shall be payable on or before the 30th day following the date of the invoice or a later date as shown on the invoice. In the event that such charge is not paid when due, interest of 1 percent shall be imposed by the department per month after the first 30 days of delinquency and monthly thereafter until the invoice is paid. If any account shall remain delinquent, the department may also take action that is consistent with the provisions of 24 V.S.A. ch. 129, Uniform Water and Sewer Disconnect, as presently constituted and as amended from time to time, to obtain payment of delinquent charges or to discontinue water service. Such charges shall be a lien upon the real estate as provided in 24 V.S.A. § 3306 and 32 V.S.A. § 5061. (b) New water connections made during a billing period shall be billed on the following basis: The billing shall be the larger of the actual metered billing, the estimated usage, or the minimum charge for the billing period. (Ord. of 11-4-2002, art. VIII, § 7) State law reference—Uniform water and sewer disconnection regulations, 24 V.S.A. § 5141 et seq. Sec. 38-273. Applicants responsible for payment of bills. (a) In consideration of water service supplied by the department, all applicants agree to be responsible for payment of all bills rendered for all water used by the applicant, their tenants, successors in tenancy or in ownership, and all other operations at the specified location, unless and until proper notice is given to the department of termination of service on a specific date. The applicant shall agree to abide by all rules and regulations established by the department, consistent with enforcement of the provisions of this article. (b) All water charges will be billed to the owner of record of the facility served, unless waived by the department. Upon written request, the department may provide billing to the tenant within the facility of record. Although another person may pay the service rate, the owner of the premises shall be held responsible for such fees. In the event the tenant fails to pay all charges on a timely basis, the landlord will be solely responsible for all future and delinquent charges. Each time a bad check is received for payment of a § 38-272 SOUTH BURLINGTON CITY CODE CD38:46 DR A F T water bill the account shall be charged that amount as listed in the rate and fee schedule on file in the city clerk's office in addition to any other penalties. (c) There will be a fee for interim or final bills requested due to a change of owners or tenants as listed in the rate and fee schedule on file in the city clerk's office. This fee is in addition to any charges owed for metered water. (Ord. of 11-4-2002, art. VIII, § 8) Sec. 38-274. Sprinkler line annual fee. Each structure served by a fire suppression system (sprinklers) shall pay an annual fee for each sprinkler line served by the public water main. The fee is shown in the rate and fee schedule on file in the city clerk's office. (Ord. of 11-4-2002, art. VIII, § 9) Sec. 38-275. Rate and fee schedule review. The rates and fees referred to in section 38-50 may be reviewed by the city council on an as-needed basis. (Ord. of 11-4-2002, art. VIII, § 10) Sec. 38-276. Residential and service application fee. The department residential and commercial service application fee shall be assessed to each building that has applied for a tap to a CWD-owned transmission main, in addition to any connection charges levied by the CWD. In addition, all other rates and fees shall apply according to this article. (Ord. of 11-4-2002, art. VIII, § 11) Sec. 38-277. Final reading. In the case of new construction, the department shall read the water meter at the time of closing. This reading shall be used as the final reading for real estate transfers involving the new premises, when the information is requested by either party for their real estate closing. (Ord. of 11-4-2002, art. VIII, § 12) Sec. 38-278. Lien priority. By accepting water service from the city, the customer, his transferees, successors, and assignees, together with any record lien holders of customer, agree that a lien applied by the department shall have priority over all liens, except real estate tax liens. (Ord. of 11-4-2002, art. VIII, § 13) § 38-278UTILITIES CD38:47 DR A F T Secs. 38-279—38-304. Reserved. DIVISION 9. DISCONNECTION POLICY* Sec. 38-305. Purpose. This water service disconnection policy outlines the water department's conditions of termination and pertinent regulations and allows for the disconnection of water or sewer services, or both, as a delinquency collection procedure for water or sewer delinquencies. (Ord. of 11-4-2002, art. IX) Sec. 38-306. Reconnections requested outside normal working hours. It is the policy of the department that reconnections requested outside normal working hours shall only be made in special circumstances and in compliance with 24 V.S.A. § 5141 et seq., as determined by the superintendent or the city manager. (Ord. of 11-4-2002, art. IX) Sec. 38-307. Reconnection rates. Water that is disconnected pursuant to 24 V.S.A. ch. 129 shall be reconnected at the following rates: Reconnection Rates Collection trips (trip maximum, regardless of number) $25.00 Reconnection: Normal hours (7:00 a.m. to 3:30 p.m.)$25.00 Overtime (after 3:30 p.m., weekends, holidays)$37.50 (Ord. of 11-4-2002, art. IX) Secs. 38-308—38-319. Reserved. *State law reference—Uniform water and sewer disconnection regulations, 24 V.S.A. § 5141 et seq. § 38-279 SOUTH BURLINGTON CITY CODE CD38:48 DR A F T ARTICLE IV. SANITARY SEWER AND STORMWATER SYSTEMS* DIVISION 1. GENERALLY Sec. 38-320. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Affordable housing means either of the following: (1) Housing that is owned by its inhabitants, whose gross annual household income does not exceed 80 percent of the median income for the Burlington-South Burlington Metropolitan Statistical Area (MSA), as defined by the United States Department of Housing and Urban Development, and the total annual cost of the housing, including principal, interest, taxes and insurance, is not more than 30 percent of the household's gross annual income; or (2) Housing that is rented by its inhabitants whose gross annual household income does not exceed 80 percent of the median income for the Burlington-South Burlington Metropolitan Statistical Area (MSA), as defined by the United States Department of Housing and Urban Development, and the total annual cost of the housing, including rent, utilities, and condominium association fees, is not more than 30 percent of the household's gross annual income. Authorized person means 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) means schedules of activities, prohibi- tions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management *Charter reference—Authority to purchase property for providing sanitary sewer service, § 13-103. State law references—Water mains and sewers, 24 V.S.A. § 3401 et seq.; sewage system, 24 V.S.A. § 2501 et seq.; sewage disposal system, 24 V.S.A. § 3601 et seq.; on-site sewage system, 24 V.S.A. § 3631 et seq.; uniform water and sewer disconnect, 24 V.S.A. § 5141 et seq. § 38-320UTILITIES CD38:49 DR A F T practices to prevent or reduce the discharge of pollutants directly or indirectly to the stormwater system or waters of the state or the United States. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. Biochemical oxygen demand (BOD) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Celsius expressed in milligrams per liter. Building drain means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer. The building drain extends five feet beyond the outer face of the building wall. Building sewer means that part of the sewage system which receives the sewage from the building drain and conveys it to the nearest end of the house connection unless a house connection is not available, whereby the building sewer shall be extended to the nearest available "Y" branch on the main sanitary sewer. City Center sewer service area means that area of the city shown in section 38-322. City Center uncommitted reserve capacity shall be established as 150,000 gallons per day upon the adoption of the ordinance from which this article is derived, which amount shall be reduced from time to time upon the granting of final allocations for development within the City Center sewer service area. City manager means the city manager, or his authorized deputy, agent, or representative. Combined sewer means a sewer receiving both stormwater runoff and sewage. Committed reserve capacity means the total amount of development wastewater flow (gallons per day) from all projects/buildings for which final allocations have been granted but are not yet discharging to the sewer. Connection fee means a one-time fee imposed on applicants to connect to the municipal sewer system. § 38-320 SOUTH BURLINGTON CITY CODE CD38:50 DR A F T Construction activity means activities, including, but not limited to, clearing and grubbing, grading, excavating, and demolition. Credit means an ongoing reduction in the stormwater user fee for certain identified and approved qualifying and ongoing private actions or activities that reduces the potential impact of increased stormwater discharges that result from development of a property. Department of public works wastewater division means that city depart- ment responsible for construction, operation and maintenance of the sewage works. Developed property means any property that is altered from a natural state by construction or installation of more than 500 square feet of impervious surface. Developer means any individual, corporation, association, or other organiza- tion engaged in land development or building construction. Development wastewater flow means the flow resulting from full use of the development at its peak capacity, which flow shall be calculated using flow quantities, adopted as rules by the state department of environmental conservation, as promulgated at the time a connection permit application is made. Discharge permit means a permit issued by the state department of environmental conservation pursuant to authority granted in 10 V.S.A. ch. 47, or the U.S. Environmental Protection Agency pursuant to 33 USC 1251 et seq. Exclusively residential means land development in the city comprised of properties containing solely residential uses and permitted accessory uses, such as single-family, two-family and multi-family dwelling units. Land development with commercial, industrial or other nonresidential uses is excluded. Garbage means solid wastes from the domestic and commercial prepara- tion, cooking, and dispensing of food, and from the handling, storage, and sale of produce. Hazardous material means any material, including any substance, waste, or combination thereof, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly § 38-320UTILITIES CD38:51 DR A F T 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 means that part of the sewage system that runs from the main sanitary sewer to the property line and includes all necessary fittings. Illicit discharge means any direct or indirect non-stormwater discharge to the stormwater system. Impervious surface means those man-made surfaces, including, but not limited to, paved and unpaved roads, parking areas, roofs, driveways, sidewalks, walkways, compacted gravel and soil surfaces, and awnings and other permanent fabric or plastic coverings, from which precipitation runs off rather than infiltrates. Industrial activity means activities subject to NPDES industrial permits as defined in 40 CFR 122.26(b)(14). Industrial wastes means the liquid wastes from an industrial manufactur- ing process, trade, or business. The term "industrial wastes" does not include sanitary sewage. Main sanitary sewer means the sewers laid longitudinally along the centerline or other part of the streets or other rights-of-way and to which all owners or abutting properties have equal rights and which is controlled by public authority. MS4 permit means the state agency of natural resources' general permit 3-9014, as amended or reissued, pursuant to which the city obtained coverage for stormwater discharges from its municipal separate storm sewer system. National Pollutant Discharge Elimination System (NPDES) stormwater discharge permit means a permit issued by EPA (or by a state under authority delegated pursuant to 33 USC 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis. Natural outlet means any outlet into a watercourse, pond, ditch, lake, or other body of surface water or groundwater. Non-single-family residence (NSFR) means all types of developed property in the city except single-family residences. § 38-320 SOUTH BURLINGTON CITY CODE CD38:52 DR A F T Non-stormwater discharge means any discharge to the stormwater system that is not composed entirely of stormwater or such other waters or materials as are specifically authorized herein. The term "non-stormwater discharge" includes placing or depositing any hazardous material or pollutant in the stormwater system. On-site sewage treatment and disposal system means a septic tank and leaching field system utilizing natural soil to treat and disperse sewage in such a manner as to protect public health, and both groundwater and surface water from contamination. Permitted wastewater flow means the maximum plant wastewater flow authorized in the discharge permit on an annual average (365-day average) basis, or on the high seasonal use period as defined in the discharge permit. Plant wastewater flow means the wastewater passing through the treat- ment plant in gallons per day on an annual average basis (365-day average) except where flows vary significantly from seasonal development. In the latter case, plant wastewater flow is determined as the average throughout the high seasonal use period, as determined by the board. Plants means municipal sewage treatment plants owned by the city. Pollutant means any introduced substance which causes or contributes to pollution. Pollutants may include, but are not limited to, paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and 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. Private sewage system or facilities means all facilities for collecting, pumping, treating, and disposing of sewage that is not under the control of nor operated by the city. Public sewage system or facilities means all facilities for collecting/ pumping, treating and disposing of sewage that are controlled and operated by the city. § 38-320UTILITIES CD38:53 DR A F T Public stormwater system means all elements of the stormwater system located in the city that are controlled and operated by the city or that carry water that drains from any public property, including street rights-of-way. Regulated private system means those stormwater systems located on privately owned property in the city that are subject to or required to obtain a permit for stormwater discharges under federal or state law, which permits routinely require installation and maintenance of stormwater management or treatment improvements. Reserve capacity means the permitted wastewater flow minus the actual plant wastewater flow during the preceding 12 months. Sanitary sewer means a sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted. Sewage or wastewater means a combination of the water-carried wastes from residences, business buildings, institutions, and industrial establish- ments, together with such ground, surface, and stormwaters as may be present. Sewage and stormwater commissioners (or commissioners or board) means members of the city council acting as a board of sewage and stormwater commissioners under 24 V.S.A. § 3614. Sewage treatment plant means any arrangement of devices and structures used for treating sewage. Sewer means a pipe, culvert, ditch, swale or other conduit for carrying sewage or stormwater. Sewer service area means that area of the city that is within 200 feet horizontally from existing municipal collection lines and manholes, excluding the City Center sewer service area, as shown on the sewer service area Map, dated January 3, 2001, located in Map 5, Public Utilities No. 2, of the city comprehensive plan. The sewer service area may be altered by adoption of an amendment to this article. If there is any conflict between the sewer service area shown on the above-referenced map and the City Center sewer service area, as defined herein, the area included within the City Center sewer service area shall control. Sewers means the sewage collection and transmission system owned by the city. § 38-320 SOUTH BURLINGTON CITY CODE CD38:54 DR A F T Single-family residence (SFR) means detached single-family homes, duplexes, and triplexes. Slug means any discharge of water, sewage, or industrial waste which, in concentration of any given constituent or in quantity of flow, exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour concentration or flows during normal operation. Storm drain means a sewer intended to carry only stormwater and surface waters. Stormwater means excess water from rainfall and snow melt that does not evaporate or penetrate into the ground, which flows overland and is collected and transported to waters of the state or the United States by the stormwater system, together with any material that becomes dissolved or suspended in such water during its overland flow before entering the stormwater system. Stormwater appeal board means the city manager, public works director, and a third person appointed by the city council. Stormwater discharge means any stormwater that is transported, naturally or otherwise, from a developed property to the public stormwater system or to a watercourse. Stormwater services division means that city division within the depart- ment of public works responsible for construction, operation and maintenance of the public stormwater system. Stormwater superintendent means that employee of the city who shall be designated from time to time by the city manager to oversee the stormwater services division. Stormwater system means natural and man-made drainage structures, conveyances, storm drains, catchbasins, and any other appurtenant device or structure where stormwater is collected, transported, pumped, treated, or disposed of. Stormwater upgrade feasibility analysis (SUFA) means those standards and procedures, as adopted and amended by city council, defining the processes of engineering feasibility analysis for upgrade, repair and maintenance of stormwater systems in the city, which shall be incorporated by reference herein. § 38-320UTILITIES CD38:55 DR A F T Subdivision means a tract of land, owned or controlled by a person, which has been partitioned or is intended to be divided for the purpose of sale or lease into two or more lots. The dividing of a parcel of land by sale, gift, lease, mortgage foreclosure, court-ordered partition or filing of a plot plan on the town records where the act of division creates one or more parcels of land of less than ten acres in area, but excluding leases subject to the provisions of 10 V.S.A. ch. 153, relating to mobile homes. Subdivision shall be deemed to have occurred on the conveyance of the first lot or the filing of a plot plan on the town records, whichever shall first occur; or the commencement of building development with intent to subdivide, such that the building development will be located upon a parcel of land less than ten acres in size. Suspended solids means solids that either float on the surface of, or are in suspension in, water, sewage, or other liquids, and which are removable by laboratory filtering or use of BMPs. Uncommitted reserve capacity means that portion of the reserve capacity remaining after subtracting the development wastewater flow of all projects for which a final allocation has been granted, but are not yet discharging to the sewer, and any capacity reserved by the city council for allocation to development in the City Center sewer service area. VSMM means the Vermont Stormwater Management Manual, as amended from time to time by the state agency of natural resources, which shall be incorporated by reference herein. Wastewater superintendent means that employee of the city who shall be designated from time to time by the city manager to oversee the department of public works wastewater division. Watercourse means a channel in which a flow of water occurs, either continuously or intermittently. (Ord. of 3-21-2005, art. I, § 1, art. III, § 2; Ord. of 10-17-2016(1), § 1.1; Ord. of 12-5-2022, § 1.1) Sec. 38-321. Abbreviations. For the purpose of this article, the following abbreviations shall have the meaning ascribed to them under this section. References to standards of the following organizations shall refer to the latest edition of it. ASTM means American Society for Testing and Materials. § 38-320 SOUTH BURLINGTON CITY CODE CD38:56 DR A F T mg/L means milligrams per liter. pH means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. ppm means parts per million. WPCF means Water Pollution Control Federation. (Ord. of 3-21-2005, art. I, § 2; Ord. of 10-17-2016(1), § 1.2; Ord. of 12-5-2022, § 1.2) Sec. 38-322. Method for infiltration testing. The following requirements apply to any required infiltration testing: (1) Testing must be performed under the supervision of a qualified professional (i.e., registered engineer, site designer licensed in the state, a qualified soil scientist, a qualified geologist, a qualified hydrogeologist, or other person approved in advance by the stormwa- ter superintendent). (2) Infiltration test methods must assess the saturated hydraulic conductiv- ity under "field-saturated" conditions (see ASTM D5126-90 Standard Guide for Comparison of Field Methods for Determining Hydraulic Conductivity in the Vadose Zone). (3) Infiltration test locations shall correspond to the proposed stormwater treatment practice (STP) locations, and infiltration tests must be conducted at a minimum depth of the bottom of the proposed STP. (4) Design infiltration rates shall be determined by using a factor of safety of 2 from the field-derived value. (5) Percolation tests are not acceptable in place of testing for saturated hydraulic conductivity, as they overestimate saturated hydraulic conductivity values. Acceptable tests include: a. Guelph permeameter - ASTM D5126-90 Method. b. Falling head permeameter - ASTM D5126-90 Method. c. Double ring permeameter or infiltrometer - ASTM D3385-09, D5093-152, D5126-90 Methods. d. Amoozemeter or Amoozegar permeameter - Amoozegar 1992. § 38-322UTILITIES CD38:57 DR A F T (6) The following information must be documented for any infiltration testing: a. Date and time of testing. b. Name and qualifications of the person conducting the testing. c. Location of infiltration testing. d. Method utilized during testing. e. Results of infiltration testing in inches/hour. (7) A qualified professional may establish seasonal high groundwater depth in test pits based on redoximorphic features. (8) Verify depth to bedrock (if within four feet of proposed STP bottom) via test pits or solid auger probes. (Ord. of 10-5-2015(2), app. A; Ord. of 10-17-2016(2), app. A) Sec. 38-323. Submission standards. The following information must be included with a submission: (1) Complete application form. (2) A brief written narrative describing the proposed stormwater treat- ment practice (STP) and how it meets the SUFA standard. This includes a description of how the proposed STP matches or differs from what is indicated in any approved flow restoration plan (FRP). (3) A written description of the ongoing maintenance needs for the drainage system and proposed STP. (4) A map delineating the drainage area flowing to each STP. This must include any off-site areas flowing to the STP. (5) Site plan and construction details for all proposed STPs. The site plan must include: a. Location, type, and size of all impervious surfaces. b. Location, type, size, elevations, and specifications for all proposed STPs. c. Stormwater collection and conveyance systems including swales, culverts, and piping. d. Length, diameter, and material for all piping and culverts. e. Topographic survey and natural resource delineations. § 38-322 SOUTH BURLINGTON CITY CODE CD38:58 DR A F T f. Soil type and/or hydrologic soil group. g. The location and results of any infiltration testing conducted. h. Tree canopy and changes to landscaping. (6) Modeling results that show the existing and post-development hydro- graphs for the storm events indicated below. Any TR-55 based model shall be suitable for this purpose. Modeling methods utilized shall be in accordance with the best practices utilized by the state stormwater management section and described in the VSMM. a. The water quality volume (WQv) storm event as described in the VSMM. b. The one year, 24-hour rainfall event as described in the VSMM. c. The 25-year, 24-hour rainfall event (currently 4.0 inches) as described in the most recent version of the city's land development regulations. (7) Applications submitted under the combined method must include a stormwater mitigation fee calculation. The site plan, listed under subsection (5) of this section, must indicate the portion of impervious area (IA) being utilized in the stormwater mitigation fee calculation. (Ord. of 10-5-2015(2), app. B; Ord. of 10-17-2016(2), app. B; Ord. of 7-6-2021, app. B) Secs. 38-324—38-335. Reserved. DIVISION 2. SANITARY SEWER SYSTEM Subdivision I. In General Secs. 38-336—38-350. Reserved. Subdivision II. Sanitary Disposal Systems Sec. 38-351. Use of public sanitary sewer system required. (a) It shall be unlawful for any person to place, deposit, or permit to be deposited on public or private property within the city, or in any area under the jurisdiction of said city, any human or animal excrement, garbage, or other objectionable waste. § 38-351UTILITIES CD38:59 DR A F T (b) It shall be unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of said city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with the provisions of this article. (c) Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, leach field or other facility intended or used for the disposal of sewage. (d) The owners of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the 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, are hereby required at their expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this article, within 180 days after date of official notice to do so, unless specifically exempted from this provision by the city council. (Ord. of 3-21-2005, art. II, § 1; Ord. of 10-17-2016(1), § 2.1) Sec. 38-352. Private sewage disposal. (a) Where a public sanitary or combined sewer is not available under the provisions of section 38-351(d), the building sewer shall be connected to a private sewage system complying with the provisions of this section. (b) Before commencement of construction of a private sewage system, the owner shall first obtain a written 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 is 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. § 38-351 SOUTH BURLINGTON CITY CODE CD38:60 DR A F T (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, subchapter 10, Wastewater Treatment and Disposal, Individual On-Site Systems. No septic tank or cesspool shall be permitted to discharge to any natural outlet. (e) At such time as a public sewer becomes available to a property served by a private sewage system, as provided in section 38-351(d), a direct connection shall be made to the public sewer in compliance with this article, and any septic tanks, cesspools, and similar private sewage thoroughly and properly cleaned, disinfected, and filled in or removed according to good sanitation practice and under the inspection and direction of the city manager or his 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 shall be construed to interfere with any additional requirements that may be imposed by the city health officer. (Ord. of 5-4-1992; Ord. of 3-21-2005, art. II, § 2; Ord. of 10-17-2016(1), § 2.2) Sec. 38-353. Building sewers and connections. (a) No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the wastewater 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 subdivision III of this division. (b) There shall be three classes of building sewer permits: (1) Residential; (2) Commercial service; and (3) Service to establishments producing industrial wastes. In each case, 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 § 38-353UTILITIES CD38:61 DR A F T 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 expenses incident to the installation, connection, maintenance and repair of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation, connection, maintenance, and repair of the building sewer. (d) A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another or on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, in which case the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. Use of private sewers which accept and convey flow from more than one building may not be used except when found, on examination and test by the city, to be in satisfactory condition and meeting all requirements of this article. The burden of proof and all expenses incurred by the city to determine the condition and adequacy of the private sewer shall be borne by the owner of said private sewer. (e) The city may require the owner of a project or developer to install a water meter so recorded flow can be used to determine the yearly wastewater charge. Water saving fixtures or equalization tanks may be required by the city for projects/buildings and developments connecting to the sewer system. (f) Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the wastewater superintendent, to meet all requirements of this article. (g) The size, slope, location, alignment, materials of construction, of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the 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. In the absence of code provisions or § 38-353 SOUTH BURLINGTON CITY CODE CD38:62 DR A F T in amplification thereof, the materials and procedures set forth in appropri- ate specifications of the ASTM and the latest edition of the Water Pollution Control Federation (WPCF) Manual of Practice No. 9 shall apply. (h) Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. No building sewer shall be laid parallel to or within three feet (91.4 cm) of any bearing wall which might thereby be weakened. The depth shall be sufficient to afford protection from frost. The building sewer shall be laid at uniform grade in the direction from the main sewer to the building and in a straight alignment insofar as possible. Change in direction shall be made only with properly curved pipe and fittings with suitable clean-outs or flush holes as described in subsection (r) of this section. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage to be carried by such sewer shall be lifted by an approved artificial means and discharged to the building sewer. Such lifting devices shall be located outside the building foundation and have no access or ventilation through the building. (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 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, and shall also conform to the rules and requirements of the wastewater division, or the procedures set forth in appropriate specifications of the ASTM and the latest edition of the WPCF Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the wastewater superintendent before installation. (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. § 38-353UTILITIES CD38:63 DR A F T (l) The diameter of the building sewer shall not be less than four inches (10.2 cm). The building sewer shall be laid on a uniform grade, wherever practicable, in a straight alignment, of at least one-fourth of an inch per foot (two percent). Where, in special cases, a minimum grade of one-fourth inch per foot cannot be maintained, a grade of one-eighth inch per foot (one percent) may be permitted, but only after the city gives its written approval for the specific connection. (m) When installing the building sewer, the trenches shall be dug in a careful manner and properly sheathed where required. The excavated materials shall be placed in a separate pile from road materials and shall be piled in a compact heap so placed as to cause the least possible inconvenience to the public. Proper barricades and lights must be maintained around the trench to guard against accidents. (n) In backfilling, the material under, around and for two feet (61 cm) immediately over the pipe shall be selected so it contains no stones capable of damaging the installation. This must be carefully tamped, the balance of the trench to be backfilled in a workmanlike manner, tamping and filling in eight-inch (20.3 cm) layers so as to avoid excessive settlement. When the trench has been filled to the proper height, the road material is to be replaced and heavily tamped or rolled. (o) Where the trench is excavated in rock, the rock must be carefully excavated to a depth of six inches (15.2 cm) below the bottom of the sewer and the trench brought to the proper elevation with gravel or other material satisfactory to the city. The remainder of the trench must be backfilled with suitable material as described in subsection (n) of this section. (p) Where subsurface-soil conditions warrant, special precautions must be taken as may be directed by the city. In quicksand, all pipes must be laid out on pressure-treated planking two inches (5.1 cm) thick by at least six inches (15.2 cm) wide. (q) The connection of the building sewer to the main sewer shall be made at the house connection at the property line or, if no house connection exists, connection shall be made at the nearest available "Y" connection on the main sewer. The city will designate the position of the end of the house connection at the property line or the "Y" connection on the main sewer, whichever is appropriate. If it becomes necessary to cut into the main sewer, when no other source of connection is available, then such connection shall be made as § 38-353 SOUTH BURLINGTON CITY CODE CD38:64 DR A F T directed by and under the supervision of the city. The dead ends of all pipes not immediately connected with the house plumbing system must be securely closed by a watertight cover of imperishable material and properly marked and located. (r) The use of clean-outs on the building sewer shall be made by installing a "Y" and one-eighth bends. The clean-outs shall ordinarily be installed at the point of connection between the building sewer and the outside part of the house plumbing system, at all curves on the building sewer and on the straight part of the house sewer to the main sewer. The clean-out shall be brought up from the building sewer to four inches (10.2 cm) below ground level and properly capped. Locations of all clean-outs shall be recorded and turned over to the city. Where the distance from the building to the point of connection at the main sewer is less than 50 feet (15.2 m), at least one clean-out 20 feet (6.1 m) from the house shall be provided. Clean-outs shall be of the same diameter as the building sewer. (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 article and all joints are gastight and watertight. (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. § 38-353UTILITIES CD38:65 DR A F T (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, house plumbing systems, building sewers to the main sewer, house connections, sewers and appurtenances, shall be the responsibility of the owner, at his expense. The owner shall be solely responsible for continually maintaining such facilities in satisfactory operating condition. Maintenance shall include, but not be limited to, maintaining flow, clearing obstructions, maintaining all joints are gastight and watertight, repair or replace col- lapsed, deteriorated or defective materials, and all other work which is necessary and essential to maintaining proper operation and preserving the structural integrity and watertightness of the system. (z) The owner is obligated by sewer permit and any other permits to construct the project, building or development to meet all specifications for which the permits and approvals were issued. The building inspector or some other authorized person will inspect existing buildings and construction sites from time to time during each construction phase to assure permit specifica- tions are being met. A final inspection shall be made prior to the connection from the building to the main sewer line by the city. (Ord. of 3-21-2005, art. II, § 3; Ord. of 10-17-2016(1), § 2.3) Sec. 38-354. Prohibited discharges into the public sanitary sewer system. (a) No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer. (b) No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sanitary sewers: (1) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas. § 38-353 SOUTH BURLINGTON CITY CODE CD38:66 DR A F T (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 150 degrees Fahrenheit (65 degrees Celsius). (2) Any water or wastes containing fats, wax grease, or oils, whether emulsified or not, in excess of 100 mg/L or containing substances which may solidify or become viscous at temperatures between 32 and 150 degrees Fahrenheit (0 and 65 degrees Celsius). § 38-354UTILITIES CD38:67 DR A F T (3) Any garbage that has not been properly shredded. As used herein, the term "properly shredded" means that the wastes from the preparation, cooking, and dispensing of food have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1.27 cm) in any dimension. The installation and operation of any garbage grinder equipped with a motor of three- fourths horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the wastewater superintendent. (4) Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not. (5) Any waters or wastes containing settleable solids, iron, chromium, copper, zinc, or similar objectionable or toxic substances; or wastes exerting an excessive chlorine demand, exerting an unusual chemical oxygen demand or containing any other material or constituent in concentrations which exceed the limits established by the 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, permangan- ates, peroxide and the like, compounds producing hydrogen sulfide, or any other toxic, inflammable or explosive gases, either upon acidifica- § 38-354 SOUTH BURLINGTON CITY CODE CD38:68 DR A F T tion, 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 effect on waters of the state or the United States, or could otherwise endanger human or animal life, limb, public property or constitute a nuisance. § 38-354UTILITIES CD38:69 DR A F T (d) The admission into the public sanitary sewers of any waters or wastes, having a five-day BOD greater than 400 mg/L, or containing more than 400 mg/L of suspended solids, or containing any quantity of substances having the characteristics described in subsections (b) and (c) of this section, having an average daily flow greater than two percent of the average daily sewage flow received at the sewage treatment plant, shall be subject to the review and approval of the wastewater superintendent. The wastewater superintendent may: (1) Reject the wastes; (2) Require control over the quantities and rates of discharge; (3) Require payment to the city to cover the added cost of handling, treating and disposing of the wastes not covered by sewer charges established under the provisions of subdivision IV of this division; (4) Require pretreatment to an acceptable condition for discharge to the public sewers; (5) Require any combination of the foregoing. If the city manager permits the pretreatment or equalization of waste flows, the design, plans, specifications and any other pertinent information relating to proposed equipment and facilities shall be submitted for the approval of the city manager and the agency of natural resources and no construction of such facilities shall be commenced until said approvals are obtained in writing. Further, such pretreatment facilities must be consistent with the requirements of any state pretreatment permit issued to the industry. (e) Grease, oil, and sand interceptors shall be provided when, in the opinion of the 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. § 38-354 SOUTH BURLINGTON CITY CODE CD38:70 DR A F T (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. (h) Grease and oil interceptors shall be constructed of impervious materi- als capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight. (i) Where installed, all grease, oil, hair, and sand interceptors shall be maintained by the owner, at his 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 satisfac- tory and effective operation by the owner at his 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 monitor- ing equipment, keeping records and reporting the results of such monitoring to the wastewater superintendent. Where industrial pretreatment permits are issued by the state, monitoring records must also be submitted to the appropriate agency in accord with such permit. Such records shall be made available upon request by the 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 state secretary of the agency of natural resources on request. (l) All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Associa- tion, 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 § 38-354UTILITIES CD38:71 DR A F T building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. The particular analyses involved will determine whether a 24-hour flow composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24-hour proportioned composites of all outfalls whereas pH is determined from periodic grab samples. (m) Any industry held in violation of the provisions of this article may have its disposal authorization terminated. (n) When required by the 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 expense, and shall be maintained by the owner so as to be safe and accessible at all times. (o) Scavenger waste consists of septage, sludge or other forms of waste brought to the wastewater facility for treatment and disposal. The waste must meet all the requirements of this division. (1) The discharge of scavenger wastes at designated septage receiving areas at the city's wastewater treatment facilities may be permitted. The discharge of scavenger wastes from sources outside of the city may be permitted with approval of the wastewater superintendent of the wastewater division. (2) There will be a fee charged each time a load of scavenger waste is discharged at the city's wastewater treatment facilities. Such fee will be determined by the city council and will be based upon the quantity and quality of the discharged waste. (p) No statement in this article shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefor, by the § 38-354 SOUTH BURLINGTON CITY CODE CD38:72 DR A F T industrial concern, provided that such agreements do not contravene any requirements of existing federal laws and are compatible with any user charge and industrial cost recovery system in effect. (Ord. of 3-21-2005, art. II, § 4; Ord. of 10-17-2016(1), § 2.4) Sec. 38-355. Protection from damage. No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the public sanitary sewage system. Any person violating this provision shall be subject to immediate arrest under the charge of unlawful mischief as set forth in 13 V.S.A. § 3701. (Ord. of 3-21-2005, art. II, § 5; Ord. of 10-17-2016(1), § 2.5) State law reference—Damaging property, 13 V.S.A. § 3701. Secs. 38-356—38-370. Reserved. Subdivision III. Capacity Allocation Sec. 38-371. Ownership of capacity. (a) The city owns and operates sewage treatment and disposal plants ("plants") and a sewage collection and transmission system ("sewers"), as defined in 24 V.S.A. §§ 3501(6) and 3601. The plants have a permitted capacity, and are operated in accordance with discharge permits issued by the state department of environmental conservation under authority granted in 10 V.S.A. § 1250 et seq. The city is obligated by law to comply with conditions of those permits, and to operate and manage the plants and sewers as governmental functions under and pursuant to 24 V.S.A. §§ 3501 et seq. and 3601 et seq. (b) The permitted capacity of the plants and sewers is the property of the city. (Ord. of 3-21-2005, art. III, § 1; Ord. of 10-17-2016(1), § 3.1) Sec. 38-372. 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 re-allotment to another project or a project expansion. § 38-372UTILITIES CD38:73 DR A F T (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. (1) Such application shall: a. Be accompanied by a calculation of the development wastewater flow to be generated by the project/development; b. Include calculations for the volume, flow rate, strength and any other characteristics determined appropriate by the wastewater superintendent; (2) Unless waived by the wastewater superintendent, all calculations required in subsections (b)(1)a and b of this section for developments generating over 1,000 gallons per day shall be certified by a state- registered engineer. (Ord. of 3-21-2005, art. III, § 3; Ord. of 10-17-2016(1), § 3.3) Sec. 38-373. Preliminary allocation determination. (a) Upon receipt of the application for capacity allocation and supportive documents, the director of public works shall make a preliminary determina- tion 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; § 38-372 SOUTH BURLINGTON CITY CODE CD38:74 DR A F T (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 develop- ment. (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 avail- able. (Ord. of 3-21-2005, art. III, § 4; Ord. of 10-17-2016(1), § 3.4) Sec. 38-374. Final capacity allocation. (a) An applicant who holds a preliminary allocation of capacity granted pursuant to section 38-373 may apply for a final allocation upon occurrence of the following: (1) Obtained site plan, conditional use and/or variance approvals, if such approvals are the only approvals, except a zoning permit, required for the proposed development under city zoning and subdivision regula- tions then in effect; (2) Obtained final approval for a subdivision, PUD or PRD if such approvals are the only approvals, except a zoning permit, required for the proposed development under city zoning and subdivision regula- tions then in effect; (3) Obtained all approvals required under subsections (a)(1) and (2) of this section, if such approvals are required for the proposed development under city zoning and subdivision regulations then in effect; (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. § 38-374UTILITIES CD38:75 DR A F T (c) A grant of final allocation shall constitute a binding commitment of sewer capacity to the applicant subject to applicant's compliance with all conditions imposed on such allocation. (Ord. of 3-21-2005, art. III, § 5; Ord. of 10-17-2016(1), § 3.5) Sec. 38-375. Final allocation conditions. (a) A final allocation shall specify the allowed volume, flow rate, strength frequency and any other characteristics of the proposed discharge determined appropriate by the director of public works. (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 of the following events to occur, unless, prior to such date, the development for which the allocation has been granted has commenced discharging into the sewer: (1) The date that any approval required for grant of the final allocation, as identified in section 38-374, expires, unless prior to such date the applicant has applied for any required zoning permits to construct the development; (2) The date that any zoning permit authorizing construction of improve- ments for which the allocation has been granted expires; (3) Ten years from the date the final allocation is granted, for any development that requires any approval under the city zoning or subdivision regulations, or two years from the date the final allocation is granted, for any development that does not require approval under the city zoning or subdivision regulations. (e) (1) An applicant for development involving a single use or unit shall pay 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 50 percent of all connection fees prior to grant of final allocation and the remaining 50 § 38-374 SOUTH BURLINGTON CITY CODE CD38:76 DR A F T percent will be prorated based on the development flow for each use or unit. The prorated payment for a use or unit shall be payable upon issuance of a zoning permit for construction of improvements for the use or unit. If the development is an affordable housing project, 100 percent of all connection fees will be prorated based on the number of uses and/or units. The prorated portion for a use or unit shall be payable upon issuance of a zoning permit for construction of improve- ments for the use or unit. If the development does not require issuance of a zoning permit, the applicant shall pay 100 percent of all connection fees prior to grant of a final allocation. (2) Payment of connection fees may be paid after the issuance of any permits under the zoning regulations of the city for construction and development but prior to the issuance of a certificate of occupancy provided the following two criteria are met: a. The project is for the development of housing that is no less than 50 percent of the dwelling units perpetually affordable, with "affordable" being defined by the city's land development regula- tions; and b. The city has made some prior financial contribution to the development in the form of a grant from the city's general or housing trust fund or by means of a state community development fund/community development block grant or other such state or federal grants or loans in which the city is a transactional party. (Ord. of 3-21-2005, art. III, § 6; Ord. of 10-17-2016(1), § 3.6; Ord. of 12-5-2022, § 3.6) Secs. 38-376—38-393. Reserved. Subdivision IV. Sewage Disposal Charges, Time of Payment Thereof, and Penalties for Nonpayment Sec. 38-394. Operation and maintenance. An annual charge, which shall be determined by the city council, is hereby imposed upon every person having a building or structure on their premises and who are served by the municipal public sewage system where sewage may be collected for the use of the premises by the owners, or other users of real property within the city. The annual charge shall be for the purpose of § 38-394UTILITIES CD38:77 DR A F T the payment associated with the costs of operating, maintaining and repairing said system. The city council may establish annual charges separately for bond payments, for fixed operating and maintenance costs not dependent on actual or estimated use and for variable operations and maintenance costs dependent on actual or estimated use. The charges and/or connector fees shall be set by resolution of the city council. (Ord. of 3-21-2005, art. IV, § 1; Ord. of 10-17-2016(1), § 4.1) Sec. 38-395. Sewer use rates, applicability. The sewer use rates established in section 38-394 and defined hereinafter shall be charged whether or not the property is occupied, when the property is connected to the public sewage system by the necessary building sewer as required under the terms of this article. The rate structure shall incorporate the requirements of 40 CFR 35.935-13 or 35.2140, as applicable. (Ord. of 3-21-2005, art. IV, § 2; Ord. of 10-17-2016(1), § 4.2) Sec. 38-396. Annual charges, basis. The annual charges stipulated in section 38-394 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. (Ord. of 3-21-2005, art. IV, § 3; Ord. of 10-17-2016(1), § 4.3) Sec. 38-397. Capital costs. The design, construction and development costs of all public sewage system expansions and extensions which have been approved by the development review board shall be borne by the developers and property owners requiring, requesting or directly benefitting from such extensions and/or expansions, unless an alternative funding method is approved by the city council. (Ord. of 3-21-2005, art. IV, § 4; Ord. of 10-17-2016(1), § 4.4) Sec. 38-398. Collection. Collection of the delinquent sewer use rates may be enforced by the city pursuant to 24 V.S.A. ch. 129, and 24 V.S.A. §§ 3612 and 3615. In the event § 38-394 SOUTH BURLINGTON CITY CODE CD38:78 DR A F T any sewer rent is not paid within 30 days from the billing date, a late penalty charge will be added to the sewer rent together with interest charges. The amount of the late penalty charge and the interest rate on the overdue accounts shall be the same as those applied to delinquent taxes. If such payment is not made, such sewer rent shall be a lien upon such real estate and shall be collected according to the procedures allowed for in 24 V.S.A. §§ 3504 and 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. (Ord. of 3-21-2005, art. IV, § 5; Ord. of 10-17-2016(1), § 4.5) Sec. 38-399. Sinking fund/set-asides for major expenditures. The following provides for and restricts the use of set-aside (sinking) funds to finance future major maintenance/replacement costs and plant expansion costs: (1) A separate sinking fund may be utilized for major maintenance/ replacement expenditures and for expansion/upgrading expenses associ- ated with the wastewater facility in the city. Sinking fund establishment for maintenance/replacement expenditures shall be through written policy of the city. Any sinking fund policy shall contain at least the following in writing: major maintenance/replacement identification, estimated expenditures, estimated, year of expenditure, payment amount, type of account used to accumulate sinking fund assets, source of funding and when payments are to stop. All sinking funds shall be established and maintained in accordance with 24 V.S.A. § 3616. (2) The city reserves the right to increase, decrease, stop and/or maintain regular deposits to a sinking fund not exceeding 15 percent of the normal total budgeted expenses for maintenance/replacement in that year. The fees charged for expansion cost shall be deposited into a separate account and a record shall be kept to show payment date, person making payment and payment amount. The city council holding office has the authority to withdraw sinking fund amounts only for the purpose of paying for major expenditures/plant expansion for which the fund was established. § 38-399UTILITIES CD38:79 DR A F T (3) Sinking fund assets are not disbursed fully for major maintenance/ replacement expenditures and/or plant expansion; excess money shall remain in the sinking fund for future related expenditures similar in nature. Revenues established for plant expansion dedicated funds may be generated from connection/impact fees paid by prospective users to defray and pay expansion costs. This fund shall not exceed the estimated future expansion cost for the wastewater treatment facility. When the city so votes, the expansion/upgrade sinking fund may be used to finance major maintenance/replacement expenditures, but under no circumstances shall the major maintenance replacement sinking fund be used to finance wastewater expansion/upgrade expenses. (Ord. of 3-21-2005, art. IV, § 6; Ord. of 10-17-2016(1), § 4.6) Secs. 38-400—38-425. Reserved. DIVISION 3. STORMWATER SYSTEM Subdivision I. In General Sec. 38-426. Introduction. (a) In March 2005, the city council established the South Burlington Stormwater Utility. The basic purpose of the utility is to administer the city's stormwater management program, including stormwater infrastructure maintenance and repair, permitting, and capital improvements. The utility is a division of the city's department of public works. (b) The utility provides a stable and adequate source of revenue for the city's stormwater management program that allocates the costs of stormwa- ter services across every stormwater "user" in the city through a stormwater utility fee (or user fee). Impervious surface area on individual properties is the basis for the fee charged to property owners in the city. The stormwater fee that a property owner pays is directly proportional to the impervious surface found on the property. (c) The city stormwater utility offers credits against the stormwater fee for stormwater service customers who undertake specific, approved actions that reduce the impact of stormwater runoff on the public stormwater system, or § 38-399 SOUTH BURLINGTON CITY CODE CD38:80 DR A F T provide an ongoing public benefit related to stormwater management. A credit is an ongoing reduction in the fee. This manual details the policies and procedures for stormwater utility credits. (d) Three different stormwater fee credits are offered by the stormwater utility to non-single-family residential properties. Individual single-family residential properties are not eligible to receive credits. To qualify for any of the user fee credits, the stormwater utility customer must completely fill out a credit application form and submit it to the stormwater superintendent. The application will be evaluated to determine the amount of credit that an individual parcel will be given. Eligibility for user fee credits is independent of the state stormwater permitting process. Property both with and without valid state stormwater permits are equally eligible for user fee credits. These credits are discussed in this division. (Ord. of 3-21-2005, art. V, § 1; Ord. of 10-5-2015(1), § 1) Sec. 38-427. Purpose. The purpose of this division is to provide for the health, safety, and general welfare of the citizens of the city through the regulation of stormwater discharges to the stormwater system. (Ord. of 10-17-2016(1), § 5.1) Sec. 38-428. Applicability. Any discharge of stormwater from developed property in the city shall be subject to the provisions of this division. (Ord. of 3-21-2005, art. V, § 2; Ord. of 10-17-2016(1), § 5.2) Sec. 38-429. Required approvals. (a) No owner of developed property in the city shall change or alter, or allow to be changed or altered, the discharge of stormwater from such property occurring on the effective date of the ordinance from which this article is derived without first obtaining any permit or approval required under this article or any other city ordinance, state law, or federal law. As used herein, the term "change or alter" shall mean an act done which will result in a direct or indirect impact on the contribution of stormwater into the public stormwater system. § 38-429UTILITIES CD38:81 DR A F T (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 backflow from the municipal storm sewer system. (Ord. of 3-21-2005, art. V, § 3; Ord. of 10-17-2016(1), § 5.3; Ord. of 12-5-2022, § 5.3) Sec. 38-430. Compliance with existing permits. It shall be a violation of this division for any owner of developed property that is subject to any local, state, or federal permit requirements regarding the discharge of stormwater to fail to comply with such permit requirements. (Ord. of 3-21-2005, art. V, § 4; Ord. of 10-17-2016(1), § 5.4) Sec. 38-431. Use of the public stormwater system. (a) The following may be discharged into the public stormwater system, subject to obtaining and complying with any required permit: (1) Stormwater; (2) Water line flushings; landscape irrigation or lawn watering, provided all pesticides, herbicides, and fertilizers have been applied in accordance with the approved labeling; diverted stream flows; rising groundwater; uncontaminated pumped groundwater; discharges from potable water sources; foundation or footing drains where flows are not contaminated with process materials, and to which there are no floor drain, septic wastewater, or grey water connection; uncontaminated condensate from air conditioners, coolers/chillers, and other compressors and from the outside storage of refrigerated gasses or liquids; uncontaminated water from crawl spaces; irrigation water; spring water; flows from riparian habitats or wetlands; swimming pools (if dechlorinated, typically less than one ppm chlorine); discharges from emergency/ unplanned firefighting activities; fire hydrant flushing; pavement and external building wash waters to which no detergents or other chemicals have been added; incidental windblown mists; and any other water source not containing pollutants; § 38-429 SOUTH BURLINGTON CITY CODE CD38:82 DR A F T (3) Discharges specified in writing by the authorized enforcement agent as being necessary to protect public health and safety; (4) Dye testing is an allowable discharge, but requires a verbal notifica- tion 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 article for any person to cause or allow to occur any illicit discharge to the public stormwater system or allow any illicit discharge existing on the effective date of the ordinance from which this article is derived to continue regardless of whether such existing discharge was permissible under law or practices applicable or prevailing at the time the discharge commenced. (Ord. of 3-21-2005, art. V, § 5; Ord. of 10-17-2016(1), § 5.5; Ord. of 12-5-2022, § 5.5) Sec. 38-432. Best management practices. (a) The stormwater superintendent will adopt requirements identifying best management practices for any activity, operation, or facility which may cause or contribute to an illicit discharge to the stormwater system. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from an accidental illicit discharge into the public stormwater system. Further, any person responsible for a property or premises, which is, or may be, the source of an illicit discharge to the public stormwater system, may be required to implement, at said person's expense, additional BMPs to prevent or discontinue the illicit discharge. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed in compliance with the provisions of this section. (b) Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other § 38-432UTILITIES CD38:83 DR A F T obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. (c) Notwithstanding other requirements of law, as soon as any person is responsible for a facility or operation, or is responsible for emergency response for a facility or operation, has information of any known or suspected release of materials which are resulting or may result in an illicit discharge into the stormwater system, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of a release of hazardous materials, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person shall notify the stormwater superintendent in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the stormwater superintendent within three business days of the phone notice. If the illicit discharge emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. (Ord. of 3-21-2005, art. V, § 6; Ord. of 10-17-2016(1), § 5.6) Sec. 38-433. Protection from damage. No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the public stormwater system. (Ord. of 3-21-2005, art. V, § 7; Ord. of 10-17-2016(1), § 5.7) Secs. 38-434—38-464. Reserved. Subdivision II. Stormwater System User Fees Sec. 38-465. Establishment of stormwater user fees. (a) A user fee based on an equivalent residential unit (ERU) shall be imposed on every owner of non-exempt developed property within the city. An ERU shall equal that square footage that represents the median of the § 38-432 SOUTH BURLINGTON CITY CODE CD38:84 DR A F T area of impervious surface for all single-family residences in the city. The city council shall, by resolution, establish the square footage that constitutes one ERU on a periodic basis. (b) The city council shall have the authority to set and modify the user fee rates so that the total revenue generated by said charges, and any secondary sources of revenue, shall be sufficient to fund the city's stormwater program. (c) The city council shall establish by resolution the monthly rate for each ERU. The monthly user fee for a specific property is determined by multiplying the rate per ERU times the number of ERUs allocated to the property. (Ord. of 3-21-2005, art. VI, § 1; Ord. of 10-17-2016(1), § 6.1; Ord. of 12-5-2022, § 6.1) Sec. 38-466. User fee credits. (a) The stormwater superintendent shall prepare for the city council's approval a stormwater user fee credit manual, specifying the design and performance standards of on-site stormwater systems, facilities, activities and services which qualify for application of a user fee credit and the method of calculating credits. The city council shall have the authority to approve, modify and approve, or disapprove the credit manual. (b) Following approval of a credit manual, the stormwater superintendent may, at the request of a property owner, reduce the user fee established for any property by awarding a credit based on the policies and conditions set forth in the manual. No credit shall exceed 50 percent of the applicable monthly user fee for a given property. Any property owner may appeal the stormwater superintendent's determination regarding an award of a credit by filing a written notice of appeal with the stormwater appeal board within ten business days of the superintendent's decision. The stormwater appeal board shall review such appeal at a meeting preceded by 15 calendar days written notice of the meeting date to the property owner. Following the meeting, the stormwater appeal board shall issue its decision on the appeal in writing, which decision shall be final. (c) Credits shall be applied to user fees on the next billing period after the completed credit application is approved. § 38-466UTILITIES CD38:85 DR A F T (d) Any award of credit shall be conditioned on continuing compliance with the city's design and performance standards as stated in the stormwater user fee credit manual and/or upon continuing provision of the systems, facilities, services, and activities provided, operated, and maintained by the property owner upon which the credit is based. The stormwater superintendent may revoke or reduce a credit at any time for noncompliance by providing 30 days' written notice of a noncomplying condition and intent to revoke or reduce the credit to the property owner. If the noncompliance is not cured within the 30-day period, the stormwater superintendent shall eliminate the credit for user fee bills issued to the property owner after such period. A property owner may appeal the stormwater superintendent's determination regarding credit revocation or reduction in the same manner set forth in subsection (b) of this section. (Ord. of 3-21-2005, art. VI, § 2; Ord. of 10-5-2015(1), § 3; Ord. of 10-17- 2016(1), § 6.2) Sec. 38-467. Credit application and approval process. (a) Credit applications must include hydrologic calculations and an associ- ated narrative demonstrating the stormwater treatment practice meets the technical criteria, design requirements and/or applicable restrictions set forth as specified within the Vermont Stormwater Management Manual, as amended. (b) Credit applications for non-structural practices must include site plans or other engineering documents that demonstrate that the non-structural practices complies with the minimum criteria for credit set forth in the Vermont Stormwater Management Manual, as amended. (c) All engineering calculations and drawings shall be prepared, sealed and stamped by a professional engineer registered in the state. (d) Credit applications for new construction may be submitted to the city stormwater superintendent at any time during the construction process. However, the credit will not be approved based on site plans alone. The credit application requires that the STP must be constructed and working in proper operating condition. Credit applications for new developments can occur as part of the normal development plan review procedures. The completed credit application should accompany the final plat for the site. § 38-466 SOUTH BURLINGTON CITY CODE CD38:86 DR A F T (e) A right of entry or easement, as applicable, must be granted to the city in order for the city to review and approve the credit application, and to perform occasional inspections. Right of entry is granted via the applicant's or property owner's signature on the credit application. (f) If all requirements and conditions of this section are met, the credit will be granted upon successful completion of the credit application process and favorable on-site city inspection. (Ord. of 10-5-2015(1), § 4) Sec. 38-468. NPDES permit credit. The city stormwater utility offers a credit to NSFR properties that, under federal requirements/law, perform best management practices (BMPs) specifi- cally intended to reduce the impacts of non-point source stormwater runoff and/or provide an ongoing public benefit related to stormwater management. In order to be eligible for this credit, a NSFR property owner must have a valid National Pollution Discharge Elimination System (NPDES) permit. There are different types of NPDES permits that may be eligible for credit. More information on specific permits is provided below: (1) Municipal separate storm sewer systems (MS4) permits. a. Credit will be available to NSFR properties that are required by the state to comply with general permit 3-9014, as amended (also called the MS4 permit). The MS4 permit requires permittees to develop, implement, and enforce a stormwater management program that is designed to reduce the discharge of pollutants from the MS4 and satisfy applicable water quality requirements of the Federal Clean Water Act. At the time of MS4 permit issuance or renewal regulated entities are required to present the Vermont Department of Environmental Conservation (VTDEC) with a list of best management practices (BMPs) that will be performed to comply with permit requirements. The MS4 credit is offered in recognition of the permit compliance activities performed by the MS4 permittee that may reduce impacts on non-point source stormwater runoff and/or provide an ongoing public benefit related to stormwater management. § 38-468UTILITIES CD38:87 DR A F T b. MS4 credit applicants must provide the following documents at the time that the credit application is submitted, and annually thereafter: 1. The MS4 permittee's most recent notice of intent (NOI) for coverage under state general permit 3-9014. The NOI must be valid for the current permit period at the time the credit application is submitted. 2. A copy of the MS4's most recent annual report. (2) Multi-sector general permit (MSGP). a. Credit will be available to property owners who must comply with state general permit 3-9003 (also called the MSGP). The MSGP requires industrial facilities to identify potential sources of storm- water pollution, implement measures to reduce the risk of storm- water contamination, and test stormwater discharges for sources of pollution. Compliance can be achieved by obtaining a no exposure conditional exclusion or creating and implementing a stormwater pollution prevention plan (SWPPP). b. MSGP credit applicants must provide the documents listed below at the time that the credit application is submitted, and annually thereafter: 1. The facility's most recent notice of intent (NOI) or notice of no exposure certification (NOX) for coverage under the state general permit 3-9003. The NOI must be valid for the current permit period at the time the credit application is submitted. 2. A copy of the MSGP facility's most recent annual report including the results of any monitoring conducted in that year or a copy of the no exposure certification letter they received from VTDEC. 3. All facilities will be required to pass an inspection conducted by the stormwater superintendent. The purpose of the inspec- tion is to ensure compliance with the terms of the state general permit 3-9003 and ensure that all appropriate steps are being taken to prevent stormwater pollution. (3) Other NPDES permits. a. NSFR properties that due to federal requirements have a valid NPDES permit and perform BMPs specifically intended to reduce § 38-468 SOUTH BURLINGTON CITY CODE CD38:88 DR A F T impacts on non-point source stormwater runoff and/or provide an ongoing public benefit related to stormwater management may also be eligible to receive this credit. A final determination regarding whether or not the terms of a particular NPDES permit makes a NSFR property eligible for NPDES permit credit will be made by the stormwater superintendent. b. NPDES credit applicants must provide the documents listed below at the time that the credit application is submitted, and annually thereafter: 1. A copy of the applicable federal regulation or permit that requires the entity to perform stormwater related BMPs. 2. A detailed description of the BMPs that are performed by the eligible entity, including the dates of BMP activities, persons involved, and BMP costs. 3. A copy of the most recent notice of intent (NOI) for coverage under NPDES permit. The NOI must be valid for the current permit period at the time the credit application is submitted. 4. A copy of the most recent annual report for the NPDES permit. 5. Additional materials required as part of the application will be determined by the stormwater superintendent. 6. Facilities may be required to pass an inspection conducted by the stormwater superintendent to ensure compliance with the terms of the NPDES permit and ensure all appropriate steps are being taken to prevent stormwater pollution. (4) Conditions and policies related to the NPDES permit credit. a. In addition to the submission components specified above, applicants must complete the stormwater utility's NPDES permit credit application form when first applying for NPDES permit credit. b. Those applying for credit must be in compliance with their NPDES permit requirements. c. Properties owned by the city and/or operated/maintained by the city stormwater utility are not eligible for the NPDES credit if the § 38-468UTILITIES CD38:89 DR A F T best management practices that are performed by the city or the stormwater utility to comply with the NPDES permit are funded using revenue generated by the utility. d. Property owners or organizations can receive a ten percent reduction in the total stormwater fee assessed to their property under the NPDES permit credit. If the entity owns multiple properties located within the city stormwater utility service area and therefore receives multiple bills, the ten percent credit will be applied to all properties that are subject to the NPDES permit qualifying them for this credit. The total NPDES permit credit for any given property cannot exceed ten percent, even if it is subject to multiple NPDES permits. The total credit given to any property cannot exceed 50 percent of the stormwater fee for that property. e. NPDES credits are assessed during the year after applicable permit or regulation compliance has been achieved. Many NPDES permits are issued on a multi-year (typically five-year) cycle. Therefore, proof of compliance in Year 1 (e.g., the MS4 permit annual report for Year 1) must be submitted and approved by the stormwater superintendent in order for the entity to receive a ten percent credit in Year 2. f. Failure to provide copies of annual reports and current NOIs will result in loss of credit. If reports are not received each year the applicant will be notified in writing. The applicant will be given a 15-day deadline in which to submit information. The credit will be revoked if information is not received before the deadline. If a credit is revoked, the property owner will have to re-apply to receive credit. (Ord. of 10-5-2015(1), § 5) Sec. 38-469. Education credit. (a) The education credit is available to public and private schools that educate and inform their students about the importance of local surface and groundwater resources and how they can be protected. The rationale behind this credit is that the information provided by the school will translate into appreciation and stewardship of water resources and thereby reduce nega- tive impacts (such as pollutant impacts) on local streams, ponds and lakes that can result from uninformed citizens. § 38-468 SOUTH BURLINGTON CITY CODE CD38:90 DR A F T (b) Policies specific to the water education credit are as follows: (1) The water education credit is available to elementary, middle and high schools (both public and private) located in the city. (2) To be eligible for the credit, the school must teach coursework based on the Urban Stream Awareness in the Lake Champlain Basin cur- riculum guide (targeted for high school students), or an equivalent, age-appropriate, water resources-based curriculum approved by the stormwater superintendent. (3) For a curriculum to be eligible for credit, it must be self-sustaining and not require the continued involvement of the stormwater superintendent. (4) The stormwater superintendent will base their approval on the sufficiency of the educational program to meet requirements stated in the NPDES phase II MS4 permit (permit 3-9014), section 4.2.1.1, as follows: "Develop elementary, middle school, or high school education cur- ricula regarding local stormwater concerns based on new or existing material; conduct teacher training and in each subsequent year maintain program information and hold at least one refresher teacher training course." (5) Approval of the credit application will result in a ten percent credit to the assessed stormwater fee. The credit will be applied only to the school property where the curriculum is taught. The total credit given to any property cannot exceed 50 percent of the stormwater fee for that property. (6) Schools that are interested in obtaining the education credit must submit a completed application form to the stormwater superintendent in the department of public works. The form will require a description of the educational program, list of educational tools used, estimated number of students that will/have receive the education, the length of the educational program and the schedule for providing refresher teacher training courses. (Ord. of 10-5-2015(1), § 6) Sec. 38-470. Establishment of ERUs. (a) Each SFR shall be allocated one ERU. § 38-470UTILITIES CD38:91 DR A F T (b) The ERUs allocated to NSFR properties, except city-owned roads, shall be determined in the following manner: (1) The amount of impervious surface on each parcel shall be divided by the gross area of the parcel resulting in the percent of imperviousness for the parcel. (2) Based on the percent imperviousness, a tier factor shall be determined, based on the following categories: Impervious Percentage Tier Factor 1 to 10.99%*See below 11 to 20.99%0.15 21 to 30.99%0.25 31 to 40.99%0.35 41 to 50.99%0.45 51 to 60.99%0.55 61 to 70.99%0.65 71 to 80.99%0.75 81 to 90.99%0.85 91 to 100%0.95 *Fee will be based on actual amount of impervious surface, measured in square feet. The gross area of the parcel shall be multiplied by the tier factor, and then divided by the ERU. The resulting value is rounded up to the nearest whole number which is the number of ERUs for the property. (c) The ERUs allocated to properties comprised solely of city-owned roadways shall be determined by dividing two-thirds of the total impervious surface for the property by the ERU. The resulting value is then rounded up to the nearest whole number which is the number of ERUs for the property. (Ord. of 3-21-2005, art. VI, § 3; Ord. of 10-17-2016(1), § 6.3; Ord. of 12-5-2022, § 6.3) Sec. 38-471. Billing and collection. (a) Stormwater user fees will be billed quarterly and shall be reflected on the water and sewer bills for each property owner, where applicable. The bill shall also state the ERUs allocated to each property. (b) A property owner may appeal an allocation of ERUs to the stormwater superintendent by submitting a written notice of appeal to the stormwater superintendent within 15 calendar days of the mailing date of the bill. The stormwater superintendent shall promptly meet with the property owner § 38-470 SOUTH BURLINGTON CITY CODE CD38:92 DR A F T and issue a decision of the allocation of ERUs. A property owner may appeal the stormwater superintendent's determination regarding credit revocation in the same manner set forth in section 38-466(b). The filing of an appeal shall not relieve a property owner of the obligation to pay the user fee when due. (c) In the event any stormwater user fee is not paid within 30 days from the billing date, a late penalty charge will be added to the fee together with interest charges. The amount of the late penalty charge and the interest rate on the overdue accounts shall be the same as those applied to delinquent taxes. If such payment is not made, such stormwater user fee shall be a lien upon such real estate and may be collected in the manner provided in 24 V.S.A. §§ 3504 and 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. (Ord. of 3-21-2005, art. VI, § 4; Ord. of 10-17-2016(1), § 6.4) Sec. 38-472. 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, cover- age requirements, reserve funds, staff or labor costs, vehicle and equipment purchases and miscellaneous overhead costs. (b) Excess revenues may be placed into a sinking fund, and may be retained and expended in the manner set forth in section 38-399. (Ord. of 3-21-2005, art. VI, § 5; Ord. of 10-17-2016(1), § 6.5) Secs. 38-473—38-497. Reserved. § 38-497UTILITIES CD38:93 DR A F T Subdivision III. Acceptance or Inspection of Regulated Private Systems Sec. 38-498. Exclusively residential regulated private systems. (a) Subject to the terms and conditions of this article, the city may accept conveyance of and assume responsibility for regulated private systems that serve exclusively residential development in the city, provided the owner of such regulated private system meets the following conditions: (1) The regulated private system shall comply with the VSMM and subdivision V of this division. (2) Regulated private systems shall satisfy the goals outlined in any agency of natural resources-approved plan for the city to meet MS4 permit requirements (e.g., flow restoration plan, phosphorus control plan, etc). (3) The superintendent determines that allowing the regulated private system to obtain coverage under the city's MS4 permit would not place an undue burden on the city. (b) The owner of any regulated private system listed in subsection (a) of this section may offer to convey such system to the city by: (1) Applying to the stormwater superintendent, using forms developed by the stormwater superintendent; (2) Paying the applicable fee as determined from time to time by the city council; and (3) Agreeing to reimburse the city for any reasonable costs, fees, expenses and other charges the city incurs in evaluating the regulated private system's design and inspecting the regulated private system's storm- water management and treatment improvements prior to acceptance of such regulated private system. (c) Upon receipt of a complete application described in subsection (b) of this section, the stormwater superintendent shall determine whether the regulated private system meets the applicable standards, which determina- tion 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 § 38-498 SOUTH BURLINGTON CITY CODE CD38:94 DR A F T system to prepare all documents, using forms developed by the stormwater superintendent, the city attorney, or the city attorney's designee, necessary to convey the regulated private system, free and clear of all encumbrances, to the city and transfer any applicable permit to the city. The stormwater superintendent, city attorney, or the city attorney's designee shall review such documents to determine their accuracy and completeness. (e) Upon an owner of the regulated private system's satisfactory comple- tion of the work required under subsections (a) through (d) of this section, and payment of any sums due under subsection (b) of this section, the stormwater superintendent shall submit to the city council the owner's offer to convey the regulated private system to the city. The city council may accept such offer if it determines that such acceptance is in the best interests of the city. (f) Upon acceptance of a regulated private system pursuant to subsection (e) of this section, the city shall be responsible for operating, maintaining, and repairing the regulated private system to comply with any applicable permit and for renewing or obtaining any permit required for operation and maintenance of the regulated private system, except that the former owner of the regulated private system shall be responsible for all costs, fees, charges and expenses for: (1) Remedying damage caused by the former owner of the regulated private system; or (2) In the event that an extreme unforeseen circumstance requires extraordinary repair and reconstruction measures unique to the regulated private system. As used herein, the term "extreme unforeseen circumstance" means an act, event, cause or condition that is beyond the city's reasonable control such as a fire, storm, earthquake, flood, lightning, landslide, hurricane, tornado, war, strike, terrorism, riot or insurrection. (g) For a period of 20 years from the date the city accepts a regulated private system and other than the user fee, the city shall not impose an assessment or surcharge that is unique to the former owner of such accepted regulated private system to cover all or a portion of the cost of performing the city's duties outlined in subsection (f) of this section, unless the city imposes § 38-498UTILITIES CD38:95 DR A F T a similar assessment or surcharge on other former owners of other similar regulated private systems, or in the event of a need to remedy damage described in subsection (f) of this section. (h) For purposes of this subdivision, the term "former owner" means and includes the successors in interest of owners of regulated private systems that have been accepted by the city pursuant to the procedures outlined in subsections (b) through (g) of this section. If a former owner is a membership organization, company, corporation or other entity, whether for profit or nonprofit, the term "former owner" also includes its officers, members, directors and their respective successors in interest. (Ord. of 10-17-2016(1), § 7.1; Ord. of 12-5-2022, § 7.1) Sec. 38-499. Regulated private systems that are not exclusively residential. (a) Subject to the terms and conditions of this article, the city may, at the discretion of the superintendent, allow regulated private systems that serve properties with nonresidential uses to obtain permit coverage under the city's MS4 permit provided the owner of such regulated private system meets all of the following conditions: (1) The regulated private system shall comply with the VSMM or the stormwater upgrade feasibility analysis (SUFA). (2) Regulated private systems shall satisfy the goals outlined in any agency of natural resources-approved plan for the city to meet MS4 permit requirements (e.g., flow restoration plan, phosphorus control plan, etc.). (3) The owner of a regulated private system enters into an agreement with the city obligating the owner of the regulated private system to maintain the regulated private system in accordance with the MS4 permit, the VSMM and the SUFA, as applicable to that regulated private system, and grants the city access by license: a. To monitor and inspect the regulated private system at regular intervals to confirm compliance with the MS4 permit, the VSMM and the SUFA, as applicable to that regulated private system; or b. To maintain the regulated private system only in the event the superintendent determines that the owner of the regulated private system has failed to perform maintenance of the regulated private § 38-498 SOUTH BURLINGTON CITY CODE CD38:96 DR A F T system in accordance with the VSMM or the SUFA, as applicable to that regulated private system and that public good requires that the city to perform such maintenance on the regulated private system. The city's performance of maintenance on a regulated private system shall be performed at its sole discretion and shall not relieve the owner from complying with the MS4 permit, the VSMM and the SUFA, as applicable. If the city chooses to perform such maintenance after the owner's failure or refusal to do so, the owner shall reimburse the city for its costs, fees, expenses and other charges it incurs as a result of the owner's failure or refusal to perform such maintenance. If the owner refuses to reimburse the city within 30 days of the city's mailing of a bill for such charges, such charges shall be a lien on the owner's property in accordance with 24 V.S.A. § 3504. (4) The superintendent determines that allowing the regulated private system to obtain coverage under the city's MS4 permit would not place an undue burden on the city. (b) The owner of a regulated private system meeting the requirements of subsection (a) of this section may request coverage under the city's MS4 permit by: (1) Applying to the superintendent, using forms developed by the storm- water superintendent; (2) Paying the applicable fee as determined from time to time by the city council; (3) Submitting a plan for maintenance and repair of the regulated private system to ensure compliance with the MS4 permit, the VSMM and the SUFA, as applicable to that regulated private system; and (4) Agreeing to reimburse the city for any reasonable costs, fees, expenses and other charges the city incurs in evaluating the regulated private system's design and inspecting the regulated private system's storm- water management and treatment improvements prior to the city accepting coverage of such regulated private system under its MS4 permit. (c) Upon receipt of a complete application as described in subsection (b) of this section, the superintendent shall determine whether the regulated private system meets the VSMM and the SUFA, as applicable to that regulated private system. The superintendent's determination shall be final. § 38-499UTILITIES CD38:97 DR A F T (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 comple- tion of the work required by subsections (a) through (d) of this section, and payment of any sums due under subsection (b) of this section, the stormwater superintendent shall submit to the city council the regulated private system owner's request to obtain coverage under the city's MS4 permit. The city council may approve such request if it determines that such approval is in the best interests of the city. (f) Upon allowing a regulated private system to obtain coverage under the city's MS4 permit, pursuant to subsection (e) of this section, the city shall periodically monitor, inspect and report on the regulated private system per the city's MS4 permit requirements. Notwithstanding such coverage, the owner of the regulated private system remains responsible for all costs, fees, charges and expenses for: (1) Operation, maintenance, repair, improvement or replacement of the regulated private system to ensure compliance with the MS4 permit and with the VSMM and the SUFA, as applicable to that regulated private system; (2) Remedying damage caused by the owner of the regulated private system; and (3) In the event that an extreme unforeseen circumstance requires extraordinary repair and reconstruction measures unique to the regulated private system. As used herein, the term "extreme unforeseen circumstance" means an act, event, cause or condition that is beyond the city's reasonable control such as a fire, storm, earthquake, flood, lightning, landslide, hurricane, tornado, war, strike, terrorism, riot or insurrection. § 38-499 SOUTH BURLINGTON CITY CODE CD38:98 DR A F T (g) For a period of 20 years from the date the city allows a regulated private system to obtain coverage under the city's MS4 permit and other than the user fee described in subdivision II of this division, the city shall not impose an assessment or surcharge that is unique to the owner of such regulated private system to cover all or a portion of the cost of performing the city's duties outlined in subsection (f) of this section, unless either: (1) The city imposes a similar assessment or surcharge on owners of other similar regulated private systems; (2) In the event of a need to remedy damage caused by negligence or malfeasance on the part of the owner; (3) In the event that an extreme unforeseen circumstance requires extraordinary repair and reconstruction measures unique to the regulated private system; or (4) If the city deems in the reasonable exercise of its discretion that the owner has failed to maintain, repair or improve the regulated private system to comply with the city's MS4 permit and such maintenance, repair or improvement is necessary, as determined by the stormwater superintendent's sole discretion, to ensure compliance with the city's MS4 permit. (h) For purposes of this section, the term "owner" means and includes the successors in interest of owners of regulated private systems that have obtained coverage under the city's MS4 permit. If an owner is a membership organization, company, corporation or other entity, whether for profit or nonprofit, the term "owner" also includes its officers, members, directors and their respective successors in interest. (i) In addition to the rights and remedies for noncompliance with this article provided in subdivision IV of this division, if the owner of the regulated private system fails to operate, improve, inspect, maintain, repair and replace its regulated private system in accordance with the city's MS4 permit, the VSMM or the SUFA, as applicable to that regulated private system, then the superintendent, in his sole discretion and at any time, may terminate the agreement described in subsection (a)(3) of this section, provided the superintendent has mailed a notice of termination to the owner 30 days in advance of such termination. (Ord. of 10-17-2016(1), § 7.2) § 38-499UTILITIES CD38:99 DR A F T Secs. 38-500—38-521. Reserved. Subdivision IV. Municipal Cost Sharing Sec. 38-522. Purpose. The purpose of this subdivision is to establish a city policy regarding cost sharing of upgrading or improving stormwater treatment practices that are required by the MS4 permit, flow restoration plans (FRPs), phosphorus control plans (PCPs) or any other future MS4 permit requirement. (Ord. of 12-5-2022, § 8.1) Sec. 38-523. Applicability. This subdivision shall apply to stormwater system upgrades or improve- ments as required by subdivision III of this division. (Ord. of 12-5-2022, § 8.2) Sec. 38-524. Municipal share of stormwater project costs. The city shall share in the cost of upgrading or improving stormwater treatment practices (STPs) that are required by the MS4 permit, flow restoration plans (FRPs), and/or phosphorus control plans (PCPs) as follows: (1) a. The city shall contribute funds from the stormwater utility budget for the construction of upgrades or improvements to STPs on a pro rata basis. Cost sharing shall be determined by the percentage of impervious surface area that is publicly owned and covered by the existing stormwater permit as compared to the total impervious surface area covered by the existing stormwater permit; b. Areas outside of the existing stormwater permit that drain to the STP will not be included in this calculation unless the additional off-site area is routed to the STP as part of the upgrade or improvement. If offsite areas are being redirected to the STP as part of the upgrade or improvement, then these areas will be included as part of the city's impervious surface area in the cost sharing calculation. (2) The city's share of funding for upgrades or improvement of any particular STP will be determined on a schedule established by and at the discretion of the city. The city will update this schedule on an § 38-500 SOUTH BURLINGTON CITY CODE CD38:100 DR A F T 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 Manage- ment Manual (VSMM). Work included as part of any upgrade or improvement that is beyond the minimum necessary to meet the minimum design requirements will be the responsibility of the owner of the regulated private system. The city will not share in the cost of any work undertaken that is not directly related to the STP. (4) The city shall review and will share in the costs of any change orders during construction until the total of the change order requests exceeds ten percent of the estimated total project cost. Change order requests seeking cost increases beyond ten percent of the estimated total project cost will be borne by the owner of the regulated private system, unless otherwise agreed to by the city and is in the stormwater superintendent's sole and complete discretion. (5) The city shall not contribute funds for engineering or design services incurred as part of upgrades or improvements to STPs unless: a. The city obtains grant or other outside funding for the engineering or design project and a signed stormwater system improvement agreement with the owner of the regulated private system that addresses engineering or design cost sharing is in place; b. The city will not be responsible for engineering or design costs that were incurred prior to the effective date of a stormwater system improvement agreement for the upgrade or improvement to the STP. (6) The city will provide its pro rata share of STP upgrade or improvement costs only after the stormwater superintendent or the stormwater superintendent's designee has inspected the stormwater treatment system and the STP upgrade or improvement and certified that it has been constructed in accordance with the previously approved project plans. § 38-524UTILITIES CD38:101 DR A F T (7) The city is not required to obtain grants or other outside funding for any individual project. Grants will be obtained at the discretion of the stormwater superintendent based on staff availability and other factors. (8) If a grant or outside funding is obtained by the city for an STP upgrade or improvement project, such grant or outside funding will first be applied to offset the city's pro rata share of the STP upgrade or improvement costs. Any amount in exceedance of the city's pro rata share may be applied to the regulated private system owner's pro rata share of the STP upgrade or improvement project costs at the discretion of the stormwater superintendent. (9) a. STP upgrade or improvement projects that are eligible for city cost sharing must follow the process outlined for inclusion of the stormwater treatment system under the city's MS4 permit as established in subdivision III of this division. b. If a regulated private system owner performs an upgrade or improvement to an STP, but does not intend to obtain coverage under the city's MS4 permit and instead obtains permit coverage directly from the state, they may still obtain cost sharing from the city pursuant the requirements of this subdivision. In order to be eligible, the system owner must: 1. Submit engineering and design plans for STP upgrade or improvement to the stormwater superintendent and obtain written approval of these plans prior to incurring any costs that would be eligible for cost sharing; 2. Sign a stormwater system improvement agreement with the city that establishes pro rata cost sharing for all parties involved; and 3. Obtain the stormwater superintendent's written confirmation that the STP upgrade or improvement was constructed in conformance with the approved plans once construction is complete. (Ord. of 12-5-2022, § 8.3) Secs. 38-525—38-545. Reserved. § 38-524 SOUTH BURLINGTON CITY CODE CD38:102 DR A F T Subdivision V. Stormwater Upgrade Feasibility Analysis (SUFA) Sec. 38-546. Background and introduction. (a) The city is subject to multiple stormwater total maximum daily load (TMDL) requirements established by the state agency of natural resources (ANR). Compliance with these TMDLs is required by the city's municipal separate storm sewer system (MS4) permit, which is also promulgated by ANR. The MS4 permit requires that the city develop a flow restoration plan (FRP) for each of the five stormwater impaired watersheds located in the city. In addition, the city's MS4 permit requires that the city develop a plan to deal with properties covered by expired state stormwater permits. On top of these requirements, all of the city ultimately drains to Lake Champlain. ANR and the United States Environmental Protection Agency (EPA) are currently developing 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. (b) In order to meet the requirements of these state and federal regula- tions, it is necessary for the city, and the properties located within its boundaries, to install stormwater treatment practices (STPs) capable of addressing the uncontrolled stormwater runoff that contributes to these water quality impairments. The city's regulations concerning the use of public and private sanitary sewerage and stormwater systems, as set forth in this article, provides the opportunity for properties with existing or expired state stormwater permits, or properties subject to the three-acre requirement included in section 1.3D of the ANR General Permit 3-9050, to obtain valid state stormwater permit coverage under the city's MS4 permit. The ability for the city to provide this permit coverage was clarified by the state department of environmental conservation when the MS4 permit was reissued in 2018. (c) In order for a property to obtain coverage under the city's MS4 permit, it must provide a level of stormwater treatment that will facilitate compli- ance with the state and federal regulatory requirements (MS4 permit and TMDLs) to which the city is subject to. The goal of this document is to establish a procedure by which an existing site can be evaluated for best practicable on-site treatment of stormwater runoff. The standard is intended to be met through installation of on-site STPs. Alternatively, a site may elect to pay a stormwater mitigation fee in lieu of installing STPs on their site. § 38-546UTILITIES CD38:103 DR A F T These funds will be utilized by the South Burlington Stormwater Utility (SBSU) to construct the STPs necessary for the city to implement the FRPs required by its MS4 permit. These funds may also be used to gain access to the land necessary for the construction of large scale or regional STPs. (Ord. of 10-5-2015(2), § 1; Ord. of 10-17-2016(2), § 1; Ord. of 7-6-2021, § 1) Sec. 38-547. Installation of stormwater treatment practices. (a) The goal of the stormwater upgrade feasibility analysis (SUFA) is: (1) To reduce the volume of stormwater runoff and associated pollutants leaving the site via pipe or overland flow; and (2) To ensure that a site complies with any FRP developed for the watershed in which it is located. (b) At a minimum, the site must install STPs capable of infiltrating the volume of stormwater runoff generated on site during the water quality volume (WQv) rain event as described in the Vermont Stormwater Manage- ment Manual (VSMM), as amended from time to time by the agency of natural resources, 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. (c) It is understood that some sites may contain constraints that make the site unsuitable for infiltration of stormwater runoff. A list of acceptable site constraints includes: (1) Seasonally high or shallow groundwater (as defined in the VSMM). (2) Shallow bedrock (as defined in the VSMM). (3) Soil infiltration rates of less than 0.2 inches per hour (as demonstrated by infiltration testing conducted in accordance with the procedure in section 38-322). (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. § 38-546 SOUTH BURLINGTON CITY CODE CD38:104 DR A F T (d) If it is not possible to infiltrate the volume of stormwater runoff generated by the site during WQv storm event due to one or more of the constraints listed in subsection (c) of this section, then this volume of water can be detained on site using other LID strategies and practices such as those detailed in the South Burlington Low Impact Development Guidance Manual. STPs meeting the WQv treatment standard as described in the VSMM are also acceptable. (e) A site with existing retention/detention based STPs is allowed to evaluate retrofitting/expanding these facilities in order to meet the detention requirement indicated above. Retrofit/expansion of these facilities may be considered prior to evaluation of Tier 1 practices. Existing Tier 3 practices shall be upgraded to Tier 2 practices, if used for water quality treatment. (f) FRPs and PCPs for impaired watersheds in the city contain a preliminary assessment of the stormwater treatment potential of some sites. If an FRP or PCP identifies an STP on a site, then the site must install either the specified STP or an STP that provides equivalent or greater treatment. Properties that choose to construct STPs must do so prior to the deadline established by the state's agency of natural resources, within five years of signing a stormwater improvement agreement with the city, but no later than November 1, 2028, whichever is sooner. (g) All proposed STPs must be submitted to the stormwater superintendent for review. Standards for these submissions are included in section 38-323. (Ord. of 10-5-2015(2), § 2; Ord. of 10-17-2016(2), § 2; Ord. of 7-6-2021, § 2) Sec. 38-548. Payment of stormwater mitigation fee. (a) In lieu of installation of STPs as described above, the property owner may elect to pay a stormwater mitigation fee. The mitigation fee for a property can be determined utilizing the following equation (where IA is the impervious area on the site in acres) and WQvT is the percent of the water quality volume treated on site: Stormwater mitigation fee = IA x (1 - WQvT)3 x $70,000 (b) Impervious area (IA) is calculated by measuring the impervious surfaces located on the property at the time of application. Applicants shall not include any publicly owned impervious area (e.g., public roads within a city-owned right-of-way) in their calculation of IA. § 38-548UTILITIES CD38:105 DR A F T (c) Payment of a stormwater mitigation fee does not prevent or exclude a site from being used for stormwater treatment. If the site contains a project identified in an FRP as a regional stormwater treatment facility, then the city will require an irrevocable offer of dedication to use the land for stormwater treatment, if deemed feasible. (d) Stormwater mitigation fees must be paid in full upon signing an MS4 permit coverage agreement with the city. Alternatively, the property owner can elect to pay the fee over a five- or ten-year term. If a five-year term is selected, the total value will be assessed at 3 percent interest over that period. If a ten-year term is selected, the total value will be assessed at 5 percent interest over that period. Fees paid over a five- or ten-year term will be included in the property's stormwater fee for developed properties as established in this article. (Ord. of 10-5-2015(2), § 3; Ord. of 10-17-2016(2), § 3; Ord. of 7-6-2021, § 3) Sec. 38-549. Combination STP/fee method. Some sites may install STPs for a portion of the site and pay a stormwater mitigation fee for the remaining portion of the site. When this method is used, the percent of the water quality volume treated on site (WQvT) will be factored into the equation. Property owners are encouraged to maximize treatment on site to the greatest extent possible, as the greater the level of treatment provided on site, the lower the cost per impervious acre for the portion of the water quality volume not achieved. (Ord. of 10-5-2015(2), § 4; Ord. of 10-17-2016(2), § 4; Ord. of 7-6-2021, § 4) Sec. 38-550. Penalties/enforcement. (a) The ordinance from which this subdivision is derived shall constitute a civil ordinance within the meaning of 24 V.S.A. ch. 59. (b) Any person who violates a provision of this subdivision, including, but not limited to, failure to install an STP prior to the deadline established by the state's agency of natural resources, or to pay the stormwater mitigation fee when due, shall be subject to a violation which shall be punishable as a civil violation pursuant to section 1-14. Each day the violation continues shall constitute a separate violation. § 38-548 SOUTH BURLINGTON CITY CODE CD38:106 DR A F T (c) Any law enforcement officer or the director of public works, city engineer, deputy director of public works, or stormwater superintendent may act as an issuing municipal official and issue and pursue before the judicial bureau a municipal complaint for any violation of any provision of this subdivision. (d) In addition to the enforcement procedures available before the judicial bureau, the city manager is authorized to commence a civil action to obtain injunctive and other appropriate relief, or to pursue any other remedy authorized by law. Nothing herein shall be construed to limit other rights, remedies or penalties available by law. (e) An issuing municipal official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amounts, for any person who declines to contest a municipal complaint and pays the waiver fee: Waiver Fees - Stormwater Treatment Practices First offense $100.00 Second offense $250.00 Third offense $400.00 Fourth offense $550.00 Fifth and subsequent offenses $700.00 (Ord. of 10-17-2016(2), § 5; Ord. of 7-6-2021, § 5) Secs. 38-551—38-570. Reserved. DIVISION 4. INSPECTION AND ENFORCEMENT Sec. 38-571. Power and authority of inspectors. (a) Any authorized person bearing proper credentials and identification shall be permitted to enter all properties subject to regulation under this article for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this article. Authorized persons shall have the right to set up such devices as are necessary to conduct monitoring and/or sampling of any regulated discharge from the property. Authorized persons may also examine and copy records required to be kept under any permit subject to this article. Authorized persons shall have no authority to inquire into any processes including metallurgical, § 38-571UTILITIES CD38:107 DR A F T 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 onto the property, the owner shall make the necessary arrangements to allow access to any authorized person. (d) Any temporary or permanent obstruction to safe and easy access to any property to be inspected and/or sampled shall be promptly removed by the property owner at the written or oral request of any authorized person and shall not be replaced. The costs of clearing such access shall be borne by the property owner. (e) Causing an unreasonable delay in allowing an authorized person access to a property subject to regulation under this article is a violation of this article. (f) If an authorized person is refused access to any part of the property containing facilities, records or discharges subject to regulation under this article, and if the authorized person is able to demonstrate probable cause to believe that there may be a violation of this article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this article or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the authorized person may seek issuance of a search warrant from any court of competent jurisdiction. (g) While performing the necessary work on private properties referred to in this section, authorized persons shall observe all safety rules applicable to the premises established by the property owner and the property owner shall be held harmless for injury or death to the city employees and the city shall § 38-571 SOUTH BURLINGTON CITY CODE CD38:108 DR A F T indemnify the property owner against loss or damage to its property for personal injury or property damage asserted against the property owner and growing out of the gauging and sampling operation, except as may be caused by negligence or failure of the property owner to maintain safe conditions as required by law. (Ord. of 3-21-2005, art. VII, § 1; Ord. of 10-17-2016(1), § 8.1; Ord. of 12-5-2022, § 9.1) Sec. 38-572. Administrative enforcement. (a) Any condition caused or permitted to exist in violation of any of the provisions of this article is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. (b) Any person found to be violating any provision of this article shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. Such notice may require, without limitation: (1) The performance of monitoring, analyses, and reporting; (2) The elimination of illicit discharges; (3) The cessation of improper practices and operations and implementa- tion of proper practices and operations; (4) The abatement or remediation of any contamination of the public sewage or stormwater system and waters of the state or the United States and restoration of any property impacted by such contamina- tion; (5) Establishment of time limits for the completion of all required work; (6) Payment of a fine; and (7) State that the notice may be appealed in the manner set forth in subsection (g) of this section. (c) The city has the right to require a property owner found to be in violation of this article to install monitoring equipment and maintain such equipment in proper operating condition, including proper calibration, all at the property owner's expense. § 38-572UTILITIES CD38:109 DR A F T (d) If a violation has not been corrected pursuant to the requirements set forth in the notice of violation, the city or persons retained by the city may enter upon the subject property to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the city or designated persons to enter upon the premises for the purposes set forth above. (e) Within 30 days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within 15 days. If the amount due is not paid within a timely manner as determined by the decision of the city manager or the city manager's designee, or by the expiration of the time in which to file an appeal, the charges shall constitute a lien on the property for the amount of the assessment and shall bear interest at the rate of one percent per month, or portion thereof. (f) The city manager may, without prior notice, suspend stormwater or sewer system discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the stormwater system, sewer system or waters of the state or the United States. If the violator fails to comply with a suspension order issued in an emergency, the city manager may take such steps as deemed necessary to prevent or minimize damage to the stormwater system, sewer system or waters of the state or United States, or to minimize danger to persons. (g) Any person discharging to the stormwater or sewer system in violation of this article may have their stormwater system or sewer system access terminated if such termination would abate or reduce an illicit discharge. The city manager will notify a violator of the proposed termination of its stormwater system or sewer system access. The violator may appeal the city manager's determination to the city council by filing a written notice of appeal with the city manager within ten business days of the city manager's decision. The city council shall review such appeal at a meeting of the council preceded by 15 calendar days' written notice of the meeting date to the violator. Following the meeting, the council shall issue its decision on the appeal in writing, which decision shall be final. § 38-572 SOUTH BURLINGTON CITY CODE CD38:110 DR A F T (h) A person commits an offense if the person reinstates stormwater system or sewer system access to premises terminated pursuant to subsec- tion (g) of this section, without the prior approval of the city manager. (Ord. of 3-21-2005, art. VII, § 2; Ord. of 10-17-2016(1), § 8.2; Ord. of 12-5-2022, § 9.2) Sec. 38-573. Judicial enforcement. (a) The ordinance from which this article is derived shall constitute a civil ordinance within the meaning of 24 V.S.A. ch. 59. (b) Any person who violates a provision of this article or who violates any condition of a permit issued hereunder shall be subject to a violation which shall be punishable as a civil violation pursuant to section 1-14. Each day the violation continues shall constitute a separate violation. (c) Any law enforcement officer or the director of public works, city engineer, deputy director of public works, or stormwater superintendent may act as an issuing municipal official and issue and pursue before the judicial bureau a municipal complaint for any violation of any provision of this article. (d) In addition to the enforcement procedures available before the judicial bureau, the city manager is authorized to commence a civil action to obtain injunctive and other appropriate relief, or to pursue any other remedy authorized by law. Nothing herein shall be construed to limit other rights, remedies or penalties available by law. (Ord. of 3-21-2005, art. VII, § 3; Ord. of 10-17-2016(1), § 8.3; Ord. of 12-5-2022, § 9.3) State law references—Judicial bureau, 4 V.S.A. § 1102 et seq.; complaint signed by the issuing municipal official for civil ordinance violation, 24 V.S.A. § 1977. Sec. 38-574. Waiver fee. An issuing municipal official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amounts, for any person who declines to contest a municipal complaint and pays the waiver fee: Waiver Fees - Sanitary Sewer and Stormwater Systems Inspection and Enforcement First offense $100.00 Second offense $250.00 § 38-574UTILITIES CD38:111 DR A F T Waiver Fees - Sanitary Sewer and Stormwater Systems Inspection and Enforcement Third offense $400.00 Fourth offense $550.00 Fifth and subsequent offenses $700.00 (Ord. of 3-21-2005, art. VII, § 4; Ord. of 10-17-2016(1), § 8.4; Ord. of 12-5-2022, § 9.4) Secs. 38-575—38-596. Reserved. ARTICLE V. CROSS CONNECTION CONTROL DIVISION 1. GENERALLY Sec. 38-597. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Accessible, when referring to a backflow prevention assembly, means capable of being reached for testing and/or maintenance, but which first may require the removal of an access panel, door, or similar obstruction. (See readily accessible.) Administrative authority means the city council which shall administer and enforce the provisions of the cross connection program. Air gap means the physical separation between the free-flowing discharge end of a potable water supply pipeline and an open or non-pressure receiving vessel. Approved. (1) The term "approved," as herein used in reference to a water supply, means a water supply that has been approved by the appropriate state agency. The term "approved" shall also mean accepted by the city water department as meeting an applicable specification stated or cited in this article. § 38-574 SOUTH BURLINGTON CITY CODE CD38:112 DR A F T (2) The term "approved," as herein used in reference to an air gap, means a double check valve assembly, a reduced pressure principle backflow prevention assembly or other backflow prevention assemblies or methods means an approval by the department. Approved air gap shall be at least double the diameter of the supply pipe measured vertically above the overflow rim of the vessel (in no case less than one inch). Atmospheric vacuum breaker backsiphonage prevention assembly (AVB) or non-pressure type vacuum breaker means an assembly containing an air inlet valve, a check seat and an air inlet ports. The flow of water into the body causes the air inlet valve to close the air inlet ports. When the flow of water stops, the air inlet valve falls and forms a check valve against backsiphonage. At the same time, it opens the air inlet ports allowing air to enter and satisfy the vacuum. A shut-off valve immediately upstream may be an integral part of the assembly, but the assembly shall not be subjected to operating pressure for more than 12 hours in any 24-hour period. An atmospheric vacuum breaker is designed to protect against a non-health hazard (i.e., pollutant) or a health hazard (i.e., contaminant) under a backsiphonage condition only. Auxiliary source means a water supply that is not approved for potable use such as a pond, river, open storage tank or swimming pool; or water which has become nonpotable such as by the addition of chemicals or from contamination while the water is being stored or held in reserve. Backflow means the undesirable reversal of flow of water or mixtures of water and other liquids, gases or other substances into the distribution pipes of a potable supply of water from any source. (See Backsiphonage and Backpressure.) Backflow preventer with intermediate atmospheric vent (BPIAV) means a non-testable device having two independently operating check valves separated by an intermediate chamber with a means for automatically venting to the atmosphere, in which the check valves are force-loaded to a normally closed position and the venting means is force-loaded to a normally open position. Backflow prevention assembly, approved, means an assembly that has been investigated and approved by the department. The approval shall be on the basis of a favorable laboratory and field evaluation report by an approved testing laboratory recommending such approval. § 38-597UTILITIES CD38:113 DR A F T Backflow prevention assembly, type, means any effective assembly used to prevent backflow into a potable water system. The type of assembly shall be based on the existing or potential degree of hazard, and backflow condition. The types of backflow prevention assemblies are: (1) Air gap (AG). (2) Atmospheric vacuum breaker backsiphonage prevention assembly (AVB). (3) Double check valve backflow prevention assembly (DCV). (4) Double check detector backflow prevention assembly (DCVD). (5) Dual check (DC). (6) Pressure vacuum breaker backsiphonage prevention assembly (PVB). (7) Reduced pressure principle backflow prevention assembly (RPZ). (8) Reduced pressure principle-detector backflow prevention assembly (RPZD). (9) Backflow preventer with intermediate atmospheric vent (BPIAV). (10) Spill-resistant pressure vacuum breaker backsiphonage prevention assembly (SVB). Backflow prevention assembly tester, certified, means a person who has proven his ability to the satisfaction of the department. Each person who is certified to make field tests and reports on backflow prevention assemblies shall be conversant with applicable laws, rules and regulations and have had experience in plumbing or pipe fitting or have other equivalent qualifications in the opinion of the department. Backpressure means any elevation of pressure in the downstream piping system (by pump, elevation of piping, or steam and/or air pressure) above the supply pressure at a point of consideration, which would cause, or tend to cause, a reversal of the normal direction of flow. Backsiphonage means the form of backflow due to a reduction in system pressure, which causes a sub atmospheric pressure to exist at a site in the water system. Barometric loop means a loop of pipe rising at least 35 feet, at its topmost point, above the highest fixture it supplies for the protection against backsiphonage. § 38-597 SOUTH BURLINGTON CITY CODE CD38:114 DR A F T Certified backflow prevention device tester means an individual who holds a valid NEWWA, ABPA, ASSE backflow prevention device testers certificate or department approved equal certification. Certified cross connection control surveyor means an individual who holds a valid NEWWA cross connection control surveyor certificate or department approved equal certification. Chapter 21 means the most current version of the Vermont Water Supply Rule. Check valve means a self-closing device in which is designed to permit the flow of fluids in one direction and to close if there is a reversal of flow. Check valve, approved, means a check valve that is drip-tight in the normal direction of flow when the inlet pressure is at least one psi and the outlet pressure is zero. The check valve shall permit no leakage in a direction reverse to the normal flow. The closure element (i.e., clapper or poppet) shall be internally loaded to promote rapid and positive closure. An approved check valve is only one component of an approved backflow prevention assembly (i.e., pressure vacuum breaker, double check valve assembly, or reduced pressure principle assembly). Commercial or industrial unit means a single commercial or industrial unit, whether rented or owned by the business or occupant, which has independent ingress and egress or has common ingress or egress with other units within a building or structure, but with separate commercial or industrial facilities. Examples may include, but are not limited to, stores located in shopping centers or separate office or condominium units within a single building or structure. A commercial or industrial unit is for use other than residential purposes. Consumer means the owner or operator of an on-site water systems having a service from a public potable water system. Containment. See Service protection. Contamination means an impairment of the quality of water, which creates an actual hazard to the public health through poisoning or through the spread of disease by sewerage, industrial fluids, waste, etc. Critical level means the marking (C-L or C/L) on the atmospheric vacuum breaker and pressure vacuum breakers that determines the minimum § 38-597UTILITIES CD38:115 DR A F T elevation above the flood rim of the fixture or receptacle served, as well as downstream piping and water uses, at which the unit may be installed. When an AVB, PVB, or SVB does not bear a critical level marking, the bottom of the assembly shall constitute the critical level. Cross connection means any unprotected actual or potential connection or structural arrangement between a public or a consumer's potable water system and any other source or system through which it is possible to introduce into any other part of the potable system any used water, industrial fluid, gas, or substance other than the intended potable water with which the system is supplied. Bypass arrangements, jumper connections, removable sections, swivel or change-over devices and other temporary or permanent devices through which or because of which backflow can occur are considered to be cross connections. Direct cross connection means a cross connection which is subject to both backsiphonage and backpressure. Indirect cross connection means a cross connection which is subject to backsiphonage only. Cross connection violation means a violation found on the owner's premises and procedure for corrective action. Cross connection, point of, means the specific point or location in a public or a consumer's potable water system where a cross connection exists. Department means the city water department. In this article, the terms "department" and "city water department" are interchangeable. Disconnection means the deliberate interruption by the department of water service to the user. Disinfectant means any substance, including, but not limited to, chlorine, chlorine dioxide, chloramines, and ozone, added to water in any part of the treatment or distribution process, that is intended to kill or inactivate pathogenic microorganisms and potential pathogens. District means the Champlain Water District or its appointed representa- tives. Double check detector backflow prevention assembly (DCDA) means a specially designed assembly composed of a line-size approved double check valve assembly with a bypass containing a specific water meter and an § 38-597 SOUTH BURLINGTON CITY CODE CD38:116 DR A F T approved double check valve assembly. The meter shall register accurately for only very low rates up to three gpm and shall show a registration for all rates of flow. This assembly shall only be used to protect against a non-health hazard (i.e., pollutant). The DCDA is primarily used on fire sprinkler systems. Double check valve backflow prevention assembly (DCV) means an assembly composed of two independently acting, approved check valves, including tightly closing resilient seated shut-off valves attached at each end of the assembly and fitted with properly located resilient seated test cocks. This assembly shall only be used to protect against a non-health hazard (i.e., pollutant). Dual check (DC) means the residential, non-testable device installed at residential homes for containment protection. The dual check shall be installed in-line and downstream of the water meter and contains no shut-off valves. Fire service means the water service provided to a user for fire protection systems or equipment installed on the property of the user, such as a sprinkler system. Fire sprinkler system means the means for fire protection purposes through an integrated system of underground or overhead piping designed to provide fire protection for a building or structure. The installation includes one or more automatic water supplies. The valve controlling each sprinkler system is located in the sprinkler riser or its supplying piping. Each sprinkler system riser includes a device for actuating an alarm when the system is in operation. The system is usually activated by heat from fire and discharges water over the fire area. Fixture or plumbing fixture means a receptacle or device which is either permanently or temporarily connected to a water distribution system of the premises and demands a supply of water therefrom; or requires both a water supply connection and a discharge to the drainage system of the premises. Fixture outlet protection means the cross connection control which isolates all free flowing fixture outlets from the water distribution system within a facility. Fixture outlet protection prevents backflow contamination of both the facility water system and the public water supply. § 38-597UTILITIES CD38:117 DR A F T Flood level rim means the edge of the receptacle from which water overflows. Flush tank means a container of a measured quantity of water, fitted with an inlet valve (ballcock) and a flush valve, either wall hung or close coupled, used to flush a water closet or urinal by gravity discharge. Hazard, degree of, means either a pollution (non-health) or contamination (health) hazard and is derived from evaluation conditions within a system. Hazard, health. See Contamination. Hazard, non-health. See Pollution. Hazard, plumbing, means an internal or plumbing type cross connection in a consumer's potable water system that may be either a pollution or a contamination type hazard. Plumbing type cross connections can be located in many types of structures, including homes, apartment houses, hotels, and commercial or industrial establishments. Such a connection, if permitted to exist, must be properly protected by an appropriate type of backflow prevention assembly. Hazard, system, means an actual or potential threat of severe danger to the physical properties of the public or the consumer's potable water system or of a pollution or contamination which would have a protracted effect on the quality of the potable water in the system. Health agency means the health authority having jurisdiction. Hose bibb vacuum breaker means an atmospheric vacuum breaker designed to be attached to an outlet having a hose connection thread. Hospital means any institution, place, building, or agency which maintains and operates facilities for one or more persons for the diagnosis, care and treatment of human illnesses, including convalescence and care during and after pregnancy or which maintains and operates organized facilities for any such purpose, and to which persons may be admitted for overnight stay or longer. The term "hospital" includes sanitarium, nursing home and maternity home. In-plant protection means the location of approved backflow prevention devices in a manner which provides protection of the consumer's water and the potable water system within the premises. § 38-597 SOUTH BURLINGTON CITY CODE CD38:118 DR A F T Industrial fluids means any fluid or solution which may be chemically, biologically or otherwise contaminated or polluted in a form or concentration which would constitute a health, system, pollution or plumbing hazard if introduced into an approved water supply. The term "industrial fluids" may include, but not be limited to, polluted or contaminated used waters; all types of process waters originating from the public potable water system which may deteriorate in sanitary quality; chemicals in fluid form; plating acids and alkalis, circulated cooling waters connected to an open cooling tower and/or cooling waters that are chemically or biologically treated or stabilized with toxic substances; contaminated natural waters such as from wells, springs, streams, rivers, bays, harbors, seas, irrigation canals or systems, etc.; oils, gases, glycerin, paraffins, caustic and acid solutions and other liquid and gaseous fluids used industrially, for other processes, or firefighting purposes. Industrial piping system, consumer's, means any system used by the consumer for transmission of or to confine or store any fluid, solid or gaseous substance other than an approved water supply. Such a system would include all of the pipes, conduits, tanks, receptacles, fixtures, equipment and appurtenances used to produce, convey or store substances which are or may be polluted or contaminated. Inspection means the physical examination or testing of an installed backflow prevention device by a certified inspector to verify that the backflow prevention device is functioning properly. Inspection and maintenance report form means a report form, designated by the department, which is to be used by certified testers to record all pertinent testing information. Internal protection means the appropriate type or method of backflow prevention within the consumer's potable water system at the point of use, commensurate with the degree of hazard. Irrigation system means a network of piping designed to distribute water on or towards plant life to promote growth. Isolation. See Internal protection. Laboratory, approved testing, means the Foundation for Cross Connection Control and Hydraulic Research of the University of Southern California or any other laboratory having equivalent capabilities for both the laboratory and field evaluation of backflow prevention assemblies. § 38-597UTILITIES CD38:119 DR A F T Manager means the city manager or a representative authorized by the manager. Owner means the operator of an on-site water system having a service from a public potable water system. Pathogenic means causing or capable of causing disease. Person (customer, user) means an individual, partnership, association, syndicate, company, firm, trust, corporation, government corporation, municipal corporation, institution, department, division, bureau, agency or any entity recognized by law requesting water from the city. Point of delivery. See Service connection. Pollution means an impairment of the quality of water to a degree which does not create a hazard to the public health but which does adversely and unreasonably affect the aesthetic qualities of such waters for domestic use. Potable water means water which is suitable for drinking, culinary, and personal purposes; water that is free from impurities present in amounts sufficient to cause disease or harmful physiological effects. Pressure differential means difference in pressure of the fluid between two points in a piping system (i.e., the difference between the inlet and outlet on a water filter or backflow preventer). Pressure vacuum breaker backsiphonage prevention assembly (PVB) means an assembly containing an independently operating internally loaded check valve and an independently operating loaded air inlet valve located on the discharge side of the check valve. The assembly is to be equipped with properly located resilient seated test cocks and tightly closing resilient seated shut-off valves attached at each end of the assembly. This assembly is designed to protect against a non-health hazard (i.e., pollutant) or a health hazard (i.e., contaminant) under a backsiphonage condition only. Property owner (owner) means that person or user identified as owner of a property by recorded deed. Readily accessible, when referring to a backflow prevention assembly, means capable of being reached for testing and/or maintenance, without the need of removing any access panel, door, or similar obstruction. § 38-597 SOUTH BURLINGTON CITY CODE CD38:120 DR A F T Reclaimed water means water which, as a result of treatment of wastewater, is suitable for a direct beneficial use or a controlled use that would not otherwise occur, and is not safe for human consumption. Reduced pressure principle backflow prevention assembly (RPZ) means an assembly containing two independently acting approved check valves together with a hydraulically operating, mechanically independent pressure dif- ferential relief valve located between the check valves and at the same time below the first check valve. The unit shall include properly located resilient seated test cocks and tightly closing resilient seated shut-off valves at each end of the assembly. This assembly is designed to protect against a non-health (i.e., pollutant) or a health hazard (i.e., contaminant). This assembly shall not be used for backflow protection of sewerage or reclaimed water. (Note: Check with the department for acceptable uses). Reduced pressure principle-detector backflow prevention assembly (RPDA) means a specially designed assembly composed of a line-size approved reduced pressure principle backflow prevention assembly with a bypass containing a specific water meter and an approved reduced pressure principle backflow prevention assembly. The meter shall register accurately for only very low flow rates up to three gallons per minute and shall show a registration for all flow rates of flow. This assembly shall be used to protect against a non-health hazard (i.e., pollutant) or a health hazard (i.e., contaminant). The RDPA is primarily used on fire sprinkler systems. Sampling means the act or technique of selecting a representative part of the water supply for testing and analysis. Sanitary sewer means the pipe that carries sewage. Service connection. Each single water pipeline, which provides water to an individual residential living unit, a commercial unit or an industrial unit from the public water system, is a service connection. The service connection shall start at the corporation stop at the main water line and extend inside the building to the water meter. The applicant, to department standards, shall construct the service connection on new construction. Once installed, the responsibility for maintenance and repairs on the service connection is split at the curb stop between the owner/applicant and the department. The department has responsibility for maintenance from the main line to and including the curb stop, which is normally located at the edge of the city § 38-597UTILITIES CD38:121 DR A F T right-of-way. The owner/applicant has responsibility for maintenance and repairs from beyond the curb stop to and inside the building with the exception of the meter. Service protection means the appropriate type or method of backflow protection at the service connection, commensurate with the degree of hazard of the consumer's potable water system. Siamese connection means an inlet with one or more couplings to which a fire hose can be attached and through which water can be delivered by a fire department pumper to the sprinkler system. Spill-resistant pressure vacuum breaker backsiphonage prevention assembly (SVB) means an assembly containing an independently operating spring- loaded check valve and independently operating air-loaded inlet valve located on the discharge side of the check valve. The assembly is to be equipped with a properly located resilient seated test cock, a properly located bleed/vent valve, and tightly closing resilient seated shut-off valves attached at each end of the assembly. This assembly is designed to protect against a non-health hazard (i.e., pollutant) or a health hazard (i.e., contaminant) under a backsiphonage condition only. Superintendent means the retail superintendent of the city water depart- ment or his authorized representative. Survey means an on-site survey by a certified individual to determine the existence and locations of cross connections or potential cross connections. Unapproved source means the source or distribution system for any water or other liquid or substance which has not been approved by the department as being of safe and sanitary quality for human consumption, including, but not limited to, any waste pipe, soil pipe, sewer, drain, or non-acceptable potable water system material. Water purveyor means the public or private owner or operator of the potable water system supplying an approved water supply to the public. Also known as the water utility. Water supervisor means the consumer on the premises appointed by the consumer charged with the responsibility of maintaining the consumer's water system on the property free from cross connections and other sanitary defects, as required by regulations and laws. A certified backflow prevention assembly tester may act as a water supervisor if he is a full-time employee of § 38-597 SOUTH BURLINGTON CITY CODE CD38:122 DR A F T the consumer having the day-to-day responsibility for the installation and use of pipelines and equipment on the premises and for avoidance of cross connections. Water supply, approved/permitted, means any public water supply which has been investigated and approved by all appropriate state agencies. The system must be operating under a valid health permit. In determining what constitutes an approved water supply, the appropriate state agency has final judgment as to its safety and potability. Water supply, unapproved/non-permitted, means a water supply which has not been approved for human consumption by the appropriate state agency having jurisdiction. Water system, consumer's, means and includes any water system located on the consumer's premises whether supplied by a public potable water system or an auxiliary water supply. The system may be either a potable water system or an industrial piping system. Water system, consumer's potable, means that portion of the privately owned potable water system lying between the point of delivery and the point of use. This system includes all pipes, conduits, tanks, receptacles, fixtures, equipment and appurtenances used to produce, convey, store or utilize the potable water. Water system, public potable, means any publicly owned or privately owned water system operated as a public utility under a valid license or operating permit to supply water for domestic purposes. This system will include all sources, facilities and appurtenances between the source and the point of delivery such as valves, pumps, pipes, conduits, tanks, receptacles, fixtures, equipment and appurtenances used to produce, convey, treat or store potable water for public consumption or use. Water, potable, means water free from impurities in amounts sufficient to cause disease or harmful physiological effects, with the bacteriological, chemical, physical and radiological quality conforming to applicable regula- tions and standards of the Safe Drinking Water Act administered by the state water supply division. § 38-597UTILITIES CD38:123 DR A F T Water, used, means any water supplied by a water purveyor from a public potable water system to a consumer's water system after it has passed through the service connection and is no longer under the control of the water purveyor. (Ord. of 7-21-2003, art. I, § 1.0) Sec. 38-598. Abbreviations. For the purpose of this article, the following abbreviations shall have the meaning ascribed to them under this section. References to standards of the following organizations shall refer to the latest edition of it. ANSI means the American National Standards Institute. ABPA means the American Backflow Preventions Association. ASME means the American Society of Mechanical Engineers. ASSE means the American Society of Sanitary Engineering. ASTM means the American Society of Testing and Materials. AWWA means the American Water Works Association. CWD means the Champlain Water District. GMWEA means the Green Mountain Water Environment Association, Inc. NeRWA means the Northeast Rural Water Association. NEWWA means the New England Water Works Association, a section of AWWA. NPC means the National Plumbing Code. NFPA means the National Fire Protection Association. SBWD means the South Burlington Water Department. UL means Underwriters Laboratory. USC means the University of Southern California. (Ord. of 7-21-2003, art. I, § 2.0) Secs. 38-599—38-629. Reserved. § 38-597 SOUTH BURLINGTON CITY CODE CD38:124 DR A F T DIVISION 2. POLICY Sec. 38-630. Responsibility. The city water department superintendent shall be responsible for the protection of the public potable water distribution system from the contamina- tion or pollution due to the backflow of contaminants or pollutants through the water service connection. If, in the judgment of said superintendent, an approved backflow prevention assembly is required at the consumer's water service connection; or, within the consumer's private water system for the safety of the water system, the superintendent, or his designated agent, shall give notice in writing to said consumer to install such an approved backflow prevention assemblies at a specific location on his premises. The consumer shall install such an approved backflow prevention assemblies at the consumer's own expense within the time schedule required by the notice; and failure, refusal or inability on the consumer to install, have tested and maintained said assemblies shall constitute grounds for discontinuing water service to the premises until such requirements have been satisfactorily met. (Ord. of 7-21-2003, art. II, § 1.0) Sec. 38-631. Water system. (a) The water system shall be considered as made up of two parts: the city's system and the consumer's system. (b) The city's system shall consist of the supply facilities and distribution system; and shall include all those facilities of the water system under the complete control of the SBWD, up to the point where the consumer's system begins. While the department is ultimately responsible for water quality to the "last tap" on the municipal system, the last tap shall be considered the last point on the municipal system where water enters into a building and is registered at a water meter and protected by a backflow prevention device. It shall be the consumers' responsibility to maintain and protect water quality from the approved backflow prevention device to the last tap in the consumer's system. (c) The supply shall include all components of the facilities utilized in the production, treatment, storage, and delivery to the consumer's system. (d) The distribution system shall include the network of conduits used for the delivery of water from the source to the consumer's system. § 38-631UTILITIES CD38:125 DR A F T (e) The consumer's system shall include those parts of the facilities beyond the termination of the city's distribution system, which are utilized in conveying potable water to points of use. For the purpose of these regula- tions, the consumer's system shall begin at the downstream side of the curb stop or gate valve and proceed and end at the upstream side of the water meter, then begin again on the downstream side of the water meter. (Ord. of 7-21-2003, art. II, § 2.0) Sec. 38-632. Standards and specifications. (a) The consumer's system shall be open for inspection at all reasonable times to authorized representatives of the SBWD for the purpose of inspection, observing, measurement, sampling, testing and maintenance, and to determine whether unprotected cross connections or other structural or sanitary hazards, including violations of these regulations, exist. If a property owner, resident or occupant denies the superintendent or other duly authorized employees of the department access after reasonable notice has been provided to the property owner, resident or occupant, the superintendent may direct disconnection on 48 hours' written notice to the owner, resident or occupant. Once water service has been disconnected it will not be restored until access has been provided and the department has been paid all applicable charges. When a backflow condition becomes known, the superintendent shall deny or immediately discontinue service to the premises by providing for a physical break in the service line until the consumer has corrected the conditions in conformance with the city water ordinance relating to water supplies and the regulations adopted pursuant thereto. Subject to this article, the department shall have the authority to terminate any water service connection to any facility where cross connections are found to be in noncompliance. If necessary, water service shall be discon- nected for failure to test or maintain backflow prevention devices in a manner acceptable to the department. If it is found that the backflow prevention device has been removed or bypassed or otherwise rendered ineffective, water service shall be discontinued unless corrections are made immediately. § 38-631 SOUTH BURLINGTON CITY CODE CD38:126 DR A F T (b) An approved backflow prevention assembly shall also be installed on each service line to a consumer's water system at or near the property line or immediately inside the building being served; but, in all cases, before the first branch line leading off the service line wherever the following conditions exist: (1) In the case of premises having an auxiliary water supply which is not or may not be of safe bacteriological or chemical quality and which is not acceptable as an additional source by the superintendent, the public water system shall be protected against backflow from the premises by installing an approved backflow prevention assembly in the service line commensurate with the degree of hazard. (2) In the case of premises on which any industrial fluids or any other objectionable substance is handled in such a fashion as to create an actual or potential hazard to the public water system, the public system shall be protected against backflow from the premises by installing an approved backflow prevention assembly in the service line commensurate with the degree of hazard. This shall include the handling of process waters and waters originating from the water purveyor's system which have been subject to deterioration in quality. (3) In the case of premises having internal cross connections that cannot be permanently corrected or protected against, or intricate plumbing and piping arrangements or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not dangerous cross connections exist, the public water system shall be protected against backflow from the premises by installing a backflow prevention assembly in the service line. Installation of the residential dual check device on a retrofit basis on existing service lines will be instituted at a time deemed necessary by the depart- ment. (c) The type of protective assembly required under subsection (b) of this section shall depend upon the degree of hazard, which exists as follows: (1) In the case of any premises where there is auxiliary water supply as stated in subsection (a) of this section and it is not subject to any of the § 38-632UTILITIES CD38:127 DR A F T following rules, the public water system shall be protected by an approved air gap or an approved reduced pressure principle backflow prevention assembly. (2) In the case of any premises where there is water or substance that would be objectionable but not hazardous to health, if introduced into the public water system, an approved double check valve backflow prevention assembly shall protect the public water system. (3) In the case of any premises where there is any material dangerous to health, which is handled in such a fashion as to create an actual or potential hazard to the public water system, the public water system shall be protected by an approved air gap or an approved reduced pressure principle backflow prevention assembly. Examples of premises where these conditions will exist include sewage treatment plants, sewage pumping stations, chemical manufacturing plants, hospitals, mortuaries and plating plants. (4) In the case of any premises where there are unprotected cross connections, either actual or potential, the public water system shall be protected by an approved air gap or an approved reduced pressure principle backflow prevention assembly at the service connection. (5) In the case of any premises where, because of security requirements or other prohibitions or restrictions, it impossible or impractical to make a complete in-plant cross connection survey, the public water system shall be protected by an approved air gap or an approved reduced pressured principle backflow prevention assembly on each service to the premises. (d) Any backflow prevention assembly required herein shall be a make, model and size approved by the superintendent. (e) The term "approved backflow prevention assembly" means an assembly that has been manufactured in full conformance with the standards established by the American Water Works Association entitled "AWWA/ANSI C510-92 Standard for Double Check Valve Backflow Prevention Assemblies," and "AWWA/ANSI C511-92 Standard for Reduced Pressure Principle Backflow Prevention Assemblies," and have met completely the laboratory and field performance specification of the Foundation for Cross Connection Control and Hydraulic Research for the University of Southern California (USC § 38-632 SOUTH BURLINGTON CITY CODE CD38:128 DR A F T FCCCHR) established in Specifications of Backflow Prevention Assemblies, section 10 of the most current edition of the Manual of Cross Connection Control. (f) Said AWWA and USC FCCCHR standards and specifications have been adopted by the city water department. (g) Final approval shall be evidenced by a certificate of compliance for the AWWA standards; or certificate of approval for the said USC FCCCHR specifications, issued by an approved testing laboratory. (h) Backflow preventers, which may be subject to backpressure or backsi- phonage, that have been fully tested and have been granted a certificate of approval by said qualified laboratory and are listed on the laboratory's current list of approved backflow prevention assemblies, may be used without further test or qualification. (i) All domestic backflow prevention devices, with the exception of residential dual check valves, shall be installed and repaired in accordance with local, state, and federal regulations, which may require persons performing repairs to hold a professional license and certification, except for backflow prevention devices installed on fire protection systems. A licensed fire sprinkler contractor is responsible for all work conducted on a fire protection system, including the installation, maintenance and repair of backflow prevention devices. (j) It shall be the duty of the consumer at any premises where reduced pressure backflow prevention assemblies are installed to have a field test performed by a certified backflow prevention assembly tester upon installa- tion and at least twice per year. It shall be the duty of the consumer at any premises where double check valve assemblies are installed to have a field test performed by a certified backflow prevention assembly tester upon installation and at least once per year. It shall be the duty of the consumer at any premises where pressure vacuum breakers are installed to have a field test performed by a certified backflow prevention assembly tester upon installation and at least once per year. In those instances where the superintendent deems the hazard to be great enough, he may require field tests at more frequent intervals. These tests shall be at the expense of the water user and shall be performed by SBWD personnel or by a certified tester approved by the SBWD. It shall be the duty of the superintendent to see that these tests are made in a timely manner. The consumer shall notify the § 38-632UTILITIES CD38:129 DR A F T SBWD in advance when the tests are to be undertaken so that an official representative may witness the field tests if so desired. These assemblies shall be repaired, overhauled or replaced, and retested at the expense of the consumer whenever said assemblies are found to be defective. Records of such tests, repairs and overhaul shall be made available to the SBWD within 14 days of completion of the test. (k) All presently installed backflow prevention assemblies which do not meet the requirements of this section, but were approved devices for the purposes described herein at the time of installation and which have been properly maintained, shall, except for the testing and maintenance require- ments stated within these rules, be excluded from the requirements of these rules so long as the superintendent is assured that they will satisfactorily protect the water's purveyor's system. Whenever the existing device is moved from the present location or requires more than the minimum maintenance or when the superintendent finds that the maintenance constitutes a hazard to health, the unit shall be replaced with an approved backflow prevention assembly meeting the requirements of this section. (l) A private water system (well, reservoir, etc.) to which the customer has connected a city water service line shall be disconnected before city water service begins so that water from the private system (well, reservoir, etc.) cannot feed back into the city distribution system. The department reserves the right to inspect premises at any time for compliance with this section. The use of pumps at a customer's premises, which pumps are connected in any way to the city water service, is prohibited except upon the prior written consent of the department. In no instance shall any pump use be allowed to interfere with the quality of service to other city customers, and/or where the possibility of damage to piping of the city or other customers could occur. The use of any pump at a customer's premises, which pumps are connected in any way to the city water service, shall automatically require the installation of a backflow device, type to be determined by the superintendent, or his designee. (Ord. of 7-21-2003, art. II, § 3.0) Secs. 38-633—38-652. Reserved. § 38-632 SOUTH BURLINGTON CITY CODE CD38:130 DR A F T DIVISION 3. ADMINISTRATION Sec. 38-653. Department duties. The department shall have the following duties relative to cross connec- tions: (1) It shall be the responsibility of the department to ensure that backflow prevention devices are installed where required, tested for proper functioning upon completion of installation, and to see that the devices are inspected and tested at least semi-annually in high hazard situations and annually in low hazard situations, or more frequently as may be required by the superintendent, and to determine that the devices meet applicable performance standards. The department has the option of testing the devices itself, having the device tested by the device owner with his certified tester, or having the device testing conducted by a certified contractor. (2) It shall be the duty of the department to ensure that certified backflow prevention device inspectors perform all inspection duties. (3) The department shall establish a time for completion of necessary corrections or removal of actual or potential cross connections, taking into consideration the degree of hazard involved, and the time required to obtain and install the needed equipment. The department shall use every means at their disposal to obtain voluntary cooperation. (4) The department shall inform the owner of any failure to comply by the time of the first re-inspection. The department will allow an additional 15 days for the correction. In the event the owner fails to comply with the necessary correction by the time of the second re-inspection, the department will inform the owner by letter that the water service to the premises will be terminated within a period not to exceed five days. In the event that the owner informs the department of extenuating circumstances as to why the correction has not been made, a time extension may be granted by the superintendent but in no case will it exceed an additional 30 days. (5) If the superintendent determines at any time that a serious threat to the public health exists, the water service will be terminated immediately. (6) The department shall have on file a list of private contractors who are certified backflow device testers. § 38-653UTILITIES CD38:131 DR A F T (7) The department shall review and approve plans for proposed new installations of reduced pressure backflow preventers and double check valve assemblies. The department shall ensure, upon comple- tion of installation, that backflow prevention devices are installed according to the design data sheet and plans, and tested for proper operation. (8) The department shall maintain the following documentation: a. A schedule of all facilities inspected and/or surveyed; b. Records of all device locations; c. Related correspondence, including notices of violation; and d. List of devices and inspections of approved backflow prevention devices for a period of two years. (9) The department shall establish and maintain a cross connection control program for residential users, which shall include an educational component. (Ord. of 7-21-2003, art. III, § 1.0) Sec. 38-654. Owner duties. The owner of any backflow prevention device shall have the following duties relative to cross connections: (1) Eliminate and disconnect any cross connections that are maintained between their private system and the city's water distribution system, unless deemed necessary by the department and protected by a backflow prevention device approved by the department for the degree of hazard associated with the cross connection. (2) Notify the department of all cross connections protected by a DCV, RPZ, or PVB and comply with all necessary approvals and permits from the department for the maintenance of cross connections, in compliance with these rules and regulations. (3) Be responsible for complying with all building, plumbing, fire safety or other applicable codes, regulations or requirements. (4) Ensure the proper installation, operation and maintenance of an approved backflow prevention device and necessary thermal expan- § 38-653 SOUTH BURLINGTON CITY CODE CD38:132 DR A F T sion provisions inside the building in a manner approved by the department. Perform all interior and exterior plumbing necessary to accommodate the required backflow devices. (5) At his expense, install, maintain, and have tested by a city or private certified backflow device inspector, any and all backflow preventers on his premises, and shall correct any malfunction of the backflow preventer which is revealed by periodic inspection. The owner shall make certain that the device is tested as specified by these require- ments or as required by the department. (6) Comply with all provisions of the department's cross connection control program. (7) Ensure the protection of the in-plant water supply system by the installation of other approved backflow prevention devices where necessary. (8) Have suitable arrangements made so that inspections can be made during the regular business hours of the department. (9) Maintain a spare parts kit and any special tools required for the removal, repair and re-assembly of the backflow device. Such spare parts kit shall be in a location to be protected and easily accessible at the time of the backflow device inspection. (10) Overhaul, repair, or replace, within 15 days of the initial inspection, and have retested by a certified backflow device tester, any device which is found to be defective. (11) Notify the department of any change in use that may require a change in the hazard classification for that facility. (12) Notify the department of all cross connections protected by a RPZ, DCV, or PVB assembly. (13) Not install any bypass around the backflow prevention device unless there is a backflow device of the same type on the bypass. Owners who cannot shut down operation for testing of the devices must supply additional devices necessary in parallel for the testing to take place. (Ord. of 7-21-2003, art. III, § 2.0) § 38-654UTILITIES CD38:133 DR A F T Sec. 38-655. Backflow device inspector duties. Certified backflow device inspectors shall have the following duties relative to this cross connection control program: (1) Only NEWWA, ABPA, ASSE, or department approved equal certified backflow prevention device inspectors shall be permitted to inspect and test backflow prevention devices within the city. (2) All certified backflow device inspectors shall supply the department with a copy of his backflow device inspector's certification each January, and notify the department if that certification is ever revoked, suspended, or not renewed. (3) The backflow device inspector shall make competent inspections and reports of the tested backflow prevention device on forms approved by the department. (4) Competently use all of the equipment necessary to properly test and inspect all backflow prevention devices. Have a backflow device preventer test kit that is maintained in proper working order and calibrated annually. (5) Perform the work and be responsible for the competency and the accuracy of all tests and reports. (6) Submit a copy of the backflow prevention device test report to the department within 14 calendar days of completion of the test of each device. Test reports shall be mailed to: South Burlington Water Department 403 Queen City Park Road South Burlington, VT 05403 Attention: Superintendent (7) Maintain records of all test results for a minimum of two years and make records available during that time to the department at the department's request. (Ord. of 7-21-2003, art. III, § 3.0) Sec. 38-656. Backflow device surveyors' duties. (a) All certified cross connection control surveyors shall supply the department with a copy of his surveyor's certification each January, and notify the department if that certification is ever revoked, suspended, or not renewed. § 38-655 SOUTH BURLINGTON CITY CODE CD38:134 DR A F T (b) The cross connection control surveyor shall make competent inspec- tions and reports of the premises on forms approved by the department. (c) The surveyor shall submit a copy of the cross connection survey to the department within 14 calendar days of completion of the survey of the premises. This shall be required whether the surveyor has conducted the survey for the department or for a customer. Surveys shall be mailed to: South Burlington Water Department 403 Queen City Park Road South Burlington, VT 05403 Attention: Superintendent (Ord. of 7-21-2003, art. III, § 4.0) Sec. 38-657. Exemptions. (a) The department may grant exemptions in the following circumstances: (1) The exemption shall not result in an unreasonable risk to the public health. (2) The owner is unable to comply with the rule due to compelling factors, not including economic factors. (3) The exemption shall not violate any other state or department rules or regulations. (b) An exemption shall not alter the degree of hazard classification of the cross connection. Each exemption shall also be conditioned on monitoring, testing, analyzing or other requirements at the owner's expense to ensure the protection of the public health, and shall include a compliance schedule. (c) Any existing backflow preventer shall be allowed to continue in service unless: (1) The superintendent considers the condition of any portion of the device to be such that replacement should be made; or (2) The degree of hazard is such to supersede the effectiveness of the present backflow preventer, or result in an unreasonable risk to the public health. Where the degree of hazard has increased, any existing backflow preventer must be upgraded to a reduced pressure principle device, or a reduced pressure principle device must be installed in the event no backflow device was present. § 38-657UTILITIES CD38:135 DR A F T (d) For backflow devices existing prior to the start of this program, the department shall perform evaluations and inspections of plans and/or premises and inform the owner of any corrective action deemed necessary, the method of achieving the corrections, and the time allowed for the correction to be made. Ordinarily, 90 days will be allowed; however, this time period may be shortened depending on the degree of hazard involved and the history of the device. (Ord. of 7-21-2003, art. III, § 5.0) Sec. 38-658. Department documentation. The department shall maintain a list of the following information pertain- ing to its backflow device inspection program: (1) A list of certified backflow device inspectors eligible to work within the city's water distribution system. (2) A list of high hazard cross connection locations which shall include: a. Owner of the location. b. Location of the backflow device. c. Type of device. d. Size. e. Name and model number. f. Description of contaminant. g. Testing frequency and results. (3) A list of low hazard cross connection locations which shall include: a. Owner of the location. b. Location of the backflow device. c. Type of device. d. Size. e. Name and model number. f. Description of contaminant. g. Testing frequency and results. § 38-657 SOUTH BURLINGTON CITY CODE CD38:136 DR A F T (4) A list shall be maintained of the frequency of inspections and the results of inspections which shall include: a. Name of business. b. Location of device. c. Date of first inspection. d. Status: S=Satisfactory, or U= Unsatisfactory. e. Date rendered satisfactory. f. Date of second inspection. g. Action taken, if necessary. (Ord. of 7-21-2003, art. III, § 6.0) Sec. 38-659. Fees and enforcement. (a) The department will include in the rules and regulations rate section a list of fees and charges as approved by the council, for the following services: (1) Semi-annual or annual backflow device testing fee. (2) Re-testing fee. (3) After-hours inspection or test fee. (4) Device test recording fee. (b) Any violation of this article, except as set forth in subsection (e) of this section, may be pursued as a civil violation utilizing the civil ordinance enforcement procedures set forth in 24 V.S.A. § 1974a. (c) Each day a violation continues shall be considered a new violation. (d) Offenses shall be counted on a calendar-year basis. (e) Any violation of this article may be pursued as a criminal violation utilizing the criminal ordinance enforcement procedure set forth in 24 V.S.A. § 1974a. (Ord. of 7-21-2003, art. III, § 7.0) Secs. 38-660—38-676. Reserved. § 38-676UTILITIES CD38:137 DR A F T DIVISION 4. BACKFLOW PREVENTION Sec. 38-677. Approved devices. (a) Approved backflow prevention devices shall be located so as to provide containment protection, and may be supplemented with the installation of in-plant protection backflow protection devices. (b) Only backflow devices approved by the department shall be used. (c) The department may approve modifications or variations to the details noted in the appendix set forth in section 38-690 on a case-by-case basis after review. (d) All approved devices shall allow for accurate testing so as to allow verification of their performance. (e) In general, protection shall be provided by an air gap or a department approved RPZ or DCV with the manufacturer approved inlet and outlet control valves and four test cocks as a complete unit, installed in a horizontal alignment, unless otherwise approved by the department. (f) The department reserves the right to prohibit the use of any cross connection protection devices if the department determines that such device is found, after subsequent review, to be defective or to have performed inadequately in the field. (g) No person shall remove or contract with another person for the removal of any required backflow protection device without obtaining the approval of the department for the removal of said device first. (h) If an RPZ, DCV, or PVB cannot be removed from service for maintenance and testing, then a second device of the same type shall be installed in parallel so as to permit inspection and repair of either unit. (i) The assembly should be sized hydraulically, taking into account both the volume requirements of the service and the head loss of the assembly. Refer to manufacturer's head loss curves. (j) Every backflow prevention device up to two inches shall be installed with full port ball type shut-off valves approved by the manufacturer. § 38-677 SOUTH BURLINGTON CITY CODE CD38:138 DR A F T (k) All RPZ, DCV, and PVB assemblies used in the city for the protection of a cross connection shall meet the standards established by at least one of the following organizations: (1) ASSE. (2) AWWA. (3) USC specifications. (l) Only the following types of backflow prevention devices shown below shall be used for the containment of on-premises hazards for low and high hazard situations, respectively: Acceptable Devices for Types of Hazards Low Hazard High Hazard Air gap Air gap Atmospheric vacuum breaker (where bacteria hazards aren't present) Reduced pressure/backflow device Pressure vacuum breaker above Or combination of the above Double check valve assembly Reduced pressure backflow device Or combination of the above (m) Any domestic, commercial, institutional, and fire protection service line, including each line of a multiple service line, and a multi-family building serving more than two units shall be equipped with an approved backflow device or an approved air gap separation on each line. All other connections to the city water main, including standpipes leading to elevated tanks, temporary ferules, hose connections, and irrigation systems, shall be equipped with approved backflow prevention devices. (n) Approved backflow prevention devices shall be located so that protec- tion of all cross connections is achieved with a minimum number of devices. (o) An approved backflow assembly shall be installed to any premises where multistoried (more than two stories) buildings, such as, but not limited to, a hotel, apartment house, offices, etc., are operated or maintained. An approved air gap or RPZ shall be installed where there is a potential health, contamination, or system hazard. A DCV shall be installed where there is only a pollution hazard. § 38-677UTILITIES CD38:139 DR A F T (p) A backflow prevention device shall not be installed in locations where the device is subject to corrosive fumes, grit, sticky, or abrasive liquids. The device shall be protected against mechanical abuse. All devices shall be installed so they are easily accessible for testing and repair, and inspection. (q) Each backflow preventer installed in a building shall be located in a room or structure that is well-lighted, properly drained, and not subject to flooding. (r) All assemblies shall be adequately supported and/or restrained to prevent lateral movement. Pipe hangers, braces, saddles, stanchions, piers, etc., shall be used to support the device and should be placed in a manner that will not obstruct the function or access to the relief valve. (s) See section 38-690 for backflow device inspection form and details. (Ord. of 7-21-2003, art. IV, § 1.0) Sec. 38-678. Assembly installations—Reduced pressure principle back- flow preventers (RPZ). (a) All RPZ assemblies shall be installed in accordance with the manufacturer's specifications and the following department requirements: (1) All RPZ assemblies must be purchased and installed with the manufacturer's approved full port inlet and outlet control valves and four test cocks as a complete package unit. (2) This assembly shall be installed a minimum of 12 inches from the floor to the lowest part of the device, and a maximum of 60 inches above the surrounding ground or floor to the top of the device. A minimum of 12 inches of clear space shall be maintained above the assembly to allow for servicing check valves and for operation of shut-off valves. (3) The assembly shall be installed a minimum of 12 inches away from the nearest wall. Also, the manufacturer must state if the device has been approved for use in either the horizontal or vertical flow up or down configuration. (4) Brass one-quarter-inch threaded adapters shall be installed on all test cocks of the device. (5) The water service line must be thoroughly flushed before installing the assembly. § 38-677 SOUTH BURLINGTON CITY CODE CD38:140 DR A F T (6) If continuous, uninterrupted water service is desired, two smaller RPZ assemblies may be installed in parallel. When the RPZs are used in parallel, the total rated capacity of the assemblies must equal or exceed the capacity of the main feed line. A bypass around the RPZ is not permitted. (7) The assembly must be sized hydraulically to avoid excessive pressure loss. (8) An RPZ must be installed above ground in an outdoor installation, with a minimum 12-inch clearance. An approved on-site constructed or approved pre-manufactured shelter must be installed to provide additional protection against freezing and vandalism. (9) Where possible, an approved RPZ assembly shall be installed within a building on the service connection after, but close to, the meter. In certain cases, a backflow prevention assembly may be installed at an alternative location such as outdoors or at the discharge side of a booster pump. The device shall be protected from freezing, flooding, and vandalism. Access for routine testing and maintenance shall be provided. RPZs shall not be installed in pit locations. (10) Drinking and domestic water lines, lines for safety showers, and lines for eye wash units must be taken off the upstream side of RPZ assemblies for those devices installed as in-plant protection. (11) There shall be no outlet, tee, tap, or connection of any kind to or from the supply line between the meter and the backflow prevention device. (12) If the device is to be used on a hot water line, a device approved for use at the elevated temperature must be used. (13) The drain to the relief port must have an approved air gap separation between the port and drain line, at least twice the internal diameter of the discharge line. A drain, capable of handling the maximum flow from the relief port, shall be provided. RPZs should be located in a location where water spillage is not objectionable. (14) While not effective in all cases, the installation of a soft seated check valve assembly immediately ahead of the RPZ will often hold the pressure constant to the assembly in times of fluctuating pressure § 38-678UTILITIES CD38:141 DR A F T supply. This fluctuating pressure supply could cause nuisance drip- ping and potential fouling of the assembly if left without a soft-seated check valve. (15) Provisions may have to be made by the owner to provide for thermal expansion within his closed loop system (i.e. the installation of thermal expansion devices and/or pressure relief valves). (b) In any of the above installation criteria, the owner must be made aware of the potential for water damage in the event of a discharge. (Ord. of 7-21-2003, art. IV, § 2.1) Sec. 38-679. Assembly installations—Approved air gap (AG). The term "air gap" means an unobstructed separation through free atmosphere between the lowest opening from any pipe or outlet supplying water to a tank, plumbing fixture, or other device from the flood-level rim of the receptacle. The air gap is the most reliable means of backflow protection. (1) The air gap must be installed with a minimum separating distance of at least two times the diameter of the water supply pipe (measured vertically above the flood level rim of the receptacle). In no case, however, shall the separation be less than one inch. (2) The separation distance must be measured from the lowest point on the pipe or outlet supplying water to a receptacle. (Ord. of 7-21-2003, art. IV, § 2.2) Sec. 38-680. Assembly installations—Double check valve assembly (DCV). All DCV assemblies shall be installed in accordance with the manufacturer's specifications and the following department requirements: (1) All DCV assemblies must be purchased and installed with the manufacturer's approved full port inlet and outlet control valves and four test cocks as a complete package unit. (2) This assembly shall be installed a minimum of 12 inches from the floor to the lowest part of the device, and a maximum of 60 inches above the surrounding ground or floor to the top of the device. A minimum of 12 inches of clear space shall be maintained above the assembly to allow for servicing check valves and for operation of shut-off valves. § 38-678 SOUTH BURLINGTON CITY CODE CD38:142 DR A F T (3) The assembly shall be installed a minimum of 12 inches away from the nearest wall. Also, the manufacturer must state if the device has been approved for use in either the horizontal or vertical flow up or down configuration. (4) Brass one-quarter-inch threaded adapters shall be installed on all test cocks of the device. (5) The water service line must be thoroughly flushed before installing the assembly. (6) All domestic service lines tapped from sprinkler services for com- mercial and/or industrial buildings shall have a DCV installed as a minimum backflow preventer device. (7) If continuous, uninterrupted water service is desired, two smaller DCV assemblies may be installed in parallel. When the DCVs are used in parallel, the total rated capacity of the assemblies must equal or exceed the capacity of the main feed line. A bypass around the DCV is not permitted. (8) The assembly must be sized hydraulically to avoid excessive pressure loss. (9) Preferably, all DCV assemblies should be installed above ground, but may be installed below ground level in a pit or chamber designed to prevent flooding. If the DCV is installed in a pit, the following guidelines shall be followed: a. There shall be no outlet, tee, tap, or connection of any kind to or from the supply line between the meter and the backflow preven- tion device. b. The device shall be protected against freezing. Access for routine testing and maintenance shall be provided. c. If a drain in the pit is absolutely necessary there shall be no connection between the drain and sewer or appurtenance, which permits the passage of polluted water into the pit. (10) Where possible, an approved DCV assembly shall be installed within a building on the service connection after, but close to, the meter. In certain cases, a backflow prevention assembly may be installed at an alternative location such as outdoors or at the suction side of a booster § 38-680UTILITIES CD38:143 DR A F T pump. The device shall be protected from freezing, flooding, and vandalism. Access for routine testing and maintenance shall be provided. (11) Drinking and domestic water lines, lines for safety showers, and lines for eye wash units must be taken off the upstream side of RPZ assemblies for those devices installed as in-plant protection. (12) There shall be no outlet, tee, tap, or connection of any kind to or from the supply line between the meter and the backflow prevention device. (13) Provisions may have to be made by the owner to provide for thermal expansion within his closed loop system (i.e., the installation of thermal expansion devices and/or pressure relief valves). (Ord. of 7-21-2003, art. IV, § 2.3) Sec. 38-681. Assembly installations—Pressure vacuum breaker assembly (PVB). All PVB assemblies shall be installed in accordance with the manufacturer's specifications and the following department requirements: (1) The critical installation level shall be no less than 12 inches above the highest point use or downstream piping for pipe applied applications and one inch for equipment-mounted/deck-mounted applications. They shall be used only where drainage is provided. (2) PVB assemblies must not be installed where the device is subject to corrosive fumes or dust. (3) Brass one-quarter-inch threaded adapters shall be installed on each test cock of the device. (4) PVBs shall be tested annually. (Ord. of 7-21-2003, art. IV, § 2.4) Sec. 38-682. Assembly installations—Residential dual check (DC). All residential dual check assemblies shall be installed in accordance with the manufacturer's specifications and the following department require- ments: (1) Effective the date of the acceptance of this cross connection control program for the city, all new residential buildings will be required to install a residential dual check device immediately downstream of the § 38-680 SOUTH BURLINGTON CITY CODE CD38:144 DR A F T water meter. Installation of the residential dual check device on a retrofit basis on existing service lines will be instituted at a time as deemed necessary by the department. (2) The owner must be made aware that the installation of a residential dual check valve results in a potential closed plumbing system within his residence. As such, provisions may have to be made by the owner to provide for thermal expansion within his closed loop system (i.e., the installation of thermal expansion devices and/or pressure relief valves). (3) Typically, residential dual check valves are not testable and therefore are not subject to annual or semiannual testing requirements. (Ord. of 7-21-2003, art. IV, § 2.5) Sec. 38-683. Assembly installations—Vacuum breakers. (a) A hose bibb vacuum breaker should be installed on all outlets having a hose thread connection. It is screwed directly on to the sill cock. Freezing conditions require the draining feature. (b) An atmospheric vacuum breaker shall be located beyond the last control valve prior to the first outlet. All vacuum breakers shall be installed at an elevation at least six inches above the highest outlet. All atmospheric vacuum breakers shall be installed so that they are not subject to backpres- sure or continuous operating pressure of more than 12 hours' duration. All AVBs shall be installed in such a fashion that they will not be subject to corrosion that may render them inoperable. (Ord. of 7-21-2003, art. IV, § 2.6) Sec. 38-684. Assembly installations—Irrigation systems. An approved backflow assembly shall be installed on each service to premises on which there is an irrigation system. (1) An approved air gap or RPZ shall be installed where there is an actual or potential health hazard caused by the installation of facilities for injecting under pressure fertilizers, fungicides, pesticides, soil condition- ers and other noxious or objectionable substances through the irriga- tion system. (2) An approved air gap or DCV shall be installed where there is an actual or potential cross connection, which may adversely or unreasonably affect the aesthetic qualities of the domestic water supply. § 38-684UTILITIES CD38:145 DR A F T (3) A dual check assembly shall be installed on the irrigation line at the location of the separate water meter for the irrigation line at residential settings if there are none of the actual or potential hazards listed in subsection (1) of this section. (4) Alternatively, a pressure vacuum breaker may be installed on the irrigation system according to the above requirements and manufactures specifications if there are none of the actual or potential hazards listed in subsection (1) of this section, and if the device is not subject to backpressure from pumps or elevated piping. The owner must protect the device from freezing and maintain the device as required. (Ord. of 7-21-2003, art. IV, § 2.7) Sec. 38-685. Assembly installations—Strainers. The department strongly recommends that all new and retrofit installa- tions of reduced pressure principle devices and double check valve backflow preventers include the installation of strainers located immediately upstream of the backflow device. Installations of backflow preventers after water meters with existing strainers may not require the installation of another strainer. The installation of strainers will preclude the fouling of backflow devices due to both foreseen and unforeseen circumstances occurring to the water supply system such as water main repairs, water main breaks, fires, periodic cleaning and flushing of mains, etc. These occurrences may stir up debris within the water main that will cause fouling of backflow devices installed without the benefit of strainers. (Ord. of 7-21-2003, art. IV, § 2.8) Sec. 38-686. Assembly installations—Fire protection systems. (a) Devices and valves installed on fire protection systems, including dual check backflow preventers for residential fire sprinkler systems, shall be listed by Underwriters Laboratory (UL), unless otherwise approved by the head of the local fire department. (b) All new or modified fire systems with or without a Siamese connection shall have installed, as a minimum, an approved DCV. Based upon the degree of hazard, an RPZ may be required. The DCV or RPZ shall be installed on the line leading into the fire system. § 38-684 SOUTH BURLINGTON CITY CODE CD38:146 DR A F T (c) An RPZ is required on all new or modified fire sprinkler systems with or without a Siamese connection if chemicals are added to the fire sprinkler system. The RPZ shall be installed on the line leading into the fire system. (Ord. of 7-21-2003, art. IV, § 2.9) Sec. 38-687. Assembly installations—Pit installations. Primarily due to considerations for access, safety, and gravity drainage, no devices shall be installed in pits except as specifically approved by the department in cases of unique circumstances. Where pit installations are proposed, however, they shall be designed with the following standards: (1) Pits or vaults shall be watertight, flood free, and maintained free from standing water by means of either a sump and pump or suitable drain. Such a pump or drain shall not connect to a sanitary sewer, nor permit flooding of the pit or vault by reverse flow from its point of discharge. (2) Drainage capacity shall be sized to accommodate both intermittent and catastrophic failure of the relief valve. All drainage from RPZs must be gravity drains. (3) Sump pumps are not allowed unless they are sized to accommodate the maximum discharge rate and connected to emergency power supplies. (4) The pit opening and manhole cover must be at least 36 inches in diameter. (5) The foothold inserts must be a maximum 12 inches apart, and must be installed so that the top foothold is within 12 inches of the manhole cover and the bottom foothold is within 12 inches of the bottom of the pit floor. (6) The pit floor shall be pitched to the drain. (7) If built in a roadway, the top of the pit must be adequately enforced. (8) Pits must have crane access for installing and removing large assemblies, if required. (9) Pits must have adequate ground cover to prevent freezing. (10) Surface grading must divert runoff away from the entranceway. (Ord. of 7-21-2003, art. IV, § 2.10) § 38-687UTILITIES CD38:147 DR A F T Sec. 38-688. Assembly installations—Protective enclosures. Protective enclosures shall be installed with the following standards: (1) Floor elevation must be at least six inches above finish grade. (2) Must provide adequate clearances around the device to access test cocks, shut-off valves, check valves and relief valve. (3) Require electric heaters or heat trace wire for any water service used year-round. (4) Require provisions for natural or artificial light. (5) Require full gravity drains according to the drainage requirements. (6) Require security measures such as locking doors and panels, flow alarms or flow indicator lights, power indicator lights, etc. (Ord. of 7-21-2003, art. IV, § 2.11) Sec. 38-689. Facilities and equipment requiring backflow preven- tion assemblies. (a) The following is a list of the types of facilities, which are considered as possible cross connection hazards, and the required backflow device assembly for each: Possible Cross Connection Hazards and Required Backflow Devices Type of Device to be Used AG RPZ DCV PVB Medical facilities Hospitals X X Clinics X X Laboratories X X Veterinary hospitals/clinics X X Nursing and convalescent homes X X Physical therapy clinics X X Morgues X X Mortuaries X X Autopsy facilities X X Embalmers X X Dental offices X X Medical offices with radiographic, physical therapy, and/or lab facili- ties X X § 38-688 SOUTH BURLINGTON CITY CODE CD38:148 DR A F T Type of Device to be Used AG RPZ DCV PVB Treatment plants Sewerage X X Wastewater X X Industrial waste X X Pumping stations X X Commercial manufacturing/storage Automotive plants X X Aircraft/missile plants X X Hydraulic equipment X X Sinks with hose threads X X X Submerged inlets X X Valved outlets or fixtures with hose attachments X X X X High and low pressure boilers X X Reservoirs, cooling tower recirculat- ing systems X X X Premises where inspection is prohibited X X Commercial dishwashers X X X Soap injector X X Steam generating plant X X Tank truck, lawn care, sweeper X X X Water-cooled equipment X X Boilers X Heat exchangers with added chemicals X Solar heating systems with added chemicals X (b) Fire protection systems. § 38-689UTILITIES CD38:149 DR A F T Class 1 Direct connection from public water system mains only; no pumps, tanks, or reservoirs, no physical connection from any other water supplies, no antifreeze or other additives of any kind; all sprinkler drains discharge to atmosphere, dry wells, or other safe outlets. The system may or may not have fire department connec- tions. A backflow prevention assembly does not have to be installed on existing systems installed prior to April 1, 2003, provided that the fire protection system is registered with the department, equipped with a UL listed alarm check valve that is maintained in accordance with NFPA 25 and has not undergone substantial modification. Alarm check maintenance records must be avail- able for inspection by the department. All new or modified fire systems shall have installed, as a minimum, an approved DCV. Based upon the degree of hazard, an RPZ may be required. The DCV or RPZ shall be installed in the line leading into the fire system. Class 2 Same as Class 1 except the booster pumps may be installed in the connections from the street mains. These systems may or may not have fire department connec- tions. A backflow prevention assembly does not have to be installed on existing systems installed prior to April 1, 2003, provided that the fire protection system is registered with the department, equipped with a UL listed alarm check valve that is maintained in accordance with NFPA 25 and has not undergone substantial modification. Alarm check maintenance records must be avail- able for inspection by the department. All new or modified fire systems shall have installed, as a minimum, an approved DCV. Based upon the degree of hazard, an RPZ may be required. The DCV or RPZ shall be installed in the line leading into the fire system. Class 3 Direct connection from public water mains plus one or more of the following: elevated storage tanks, fire pumps taking suction from above ground covered reservoirs or tanks, and pressure tanks. RPZ or DCV contingent on evaluation of auxiliary supply and on-site system. Class 4 Directly supplied from public water system mains, similar to Class 1 and 2 with an auxiliary water supply dedicated to fire department use and available to the premises, such as a nonpotable water source located within 1,700 feet of the fire department connection. RPZ on evaluation of auxiliary supply and on-site system. Class 5 Directly supplied from public water system mains, and interconnected with auxiliary supplies, such as pumps taking suction from reservoirs exposed to contamination, or rivers or ponds; driven wells; mills or other industrial water systems; or where antifreeze or other additives are used. RPZ or air gap contingent on evaluation of auxiliary supply and on-site system. § 38-689 SOUTH BURLINGTON CITY CODE CD38:150 DR A F T Class 6 Combined industrial and fire protection systems supplied from the public water mains only, with or without gravity stor- age or pump suction tanks. RPZ contingent upon evaluation of site water system. Residential fire protection systems for one- and two-family detached dwellings and manufactured homes only. Non-testable and flow through systems should be used whenever possible. Dual check valves are authorized when only food grade antifreeze is used with no additional additives. If non-food-grade antifreeze is utilized, the system may be classified as a Class 5. (Ord. of 7-21-2003, art. IV, § 3.0) Sec. 38-690. Backflow device inspection form and details. The following is the backflow device inspection form and details: § 38-690UTILITIES CD38:151 DR A F T § 38-690 SOUTH BURLINGTON CITY CODE CD38:152 DR A F T § 38-690UTILITIES CD38:153 DR A F T § 38-690 SOUTH BURLINGTON CITY CODE CD38:154 DR A F T § 38-690UTILITIES CD38:155 DR A F T § 38-690 SOUTH BURLINGTON CITY CODE CD38:156 DR A F T § 38-690UTILITIES CD38:157 DR A F T § 38-690 SOUTH BURLINGTON CITY CODE CD38:158 DR A F T § 38-690UTILITIES CD38:159 DR A F T § 38-690 SOUTH BURLINGTON CITY CODE CD38:160 DR A F T § 38-690UTILITIES CD38:161 DR A F T § 38-690 SOUTH BURLINGTON CITY CODE CD38:162 DR A F T § 38-690UTILITIES CD38:163 DR A F T § 38-690 SOUTH BURLINGTON CITY CODE CD38:164 DR A F T § 38-690UTILITIES CD38:165 DR A F T § 38-690 SOUTH BURLINGTON CITY CODE CD38:166 DR A F T § 38-690UTILITIES CD38:167 DR A F T § 38-690 SOUTH BURLINGTON CITY CODE CD38:168 DR A F T § 38-690UTILITIES CD38:169 DR A F T § 38-690 SOUTH BURLINGTON CITY CODE CD38:170 DR A F T § 38-690UTILITIES CD38:171 DR A F T § 38-690 SOUTH BURLINGTON CITY CODE CD38:172 DR A F T (O r d . o f 7 - 2 1 - 2 0 0 3 , a p p . ) § 38-690UTILITIES CD38:173 DR A F T Secs. 38-691—38-722. Reserved. ARTICLE VI. HEATING AND SERVICE WATER HEATING SYSTEMS Sec. 38-723. Purpose and authority. (a) Purpose. It is in the public interest and in the interest of public health and safety to achieve a high degree of conservation of energy and, where possible, reduce emissions of greenhouse gasses by requiring buildings to meet specified energy efficiency performance standards and maximum allowable heat loss standards. (b) Authority. All provisions in this article relating to heating systems and service water heating systems are adopted pursuant to the authority and powers granted by 24 V.S.A. ch. 83, as reasonably necessary to improve the health, safety, and welfare of the public from fuel leaks and explosions, and from air pollution, including that which is causing climate change and thereby threatens the city and its inhabitants. (Ord. of 11-7-2022, § I) Sec. 38-724. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Commercial building shall be as defined by the commercial building energy standards (CBES). Mixed-use building shall be as defined by the CBES. Multi-family building shall be as defined by the CBES unless and until the MFBES is implemented and is applicable, at which point the multi-family building energy standards (MFBES) definition shall apply. New building means all new construction of residential, commercial, or industrial buildings with a heating source and/or service water heating source where either: (1) A complete application package for a construction permit submitted pursuant to the city fire prevention and safety regulations is stamped received by the city fire marshal on or after February 15, 2023; or § 38-691 SOUTH BURLINGTON CITY CODE CD38:174 DR A F T (2) For owner-occupied single-family residential buildings only, a complete zoning permit application submitted pursuant to the city's land development regulations is received by the city department of plan- ning and zoning on or after February 15, 2023. Non-primary heating system includes a back-up heating system or ventilation/ air tempering system. Renewable gas means methane produced by the organic material and sourced from landfills, wastewater treatment facilities, and farms as offered under a tariff or supply contract from a utility such as state gas systems. Renewable primary heating system means a heating system that meets at least 85 percent of the building's design heating load calculated for com- mercial buildings per the state commercial building energy standards (CBES) energy code (section C403.1), for residential buildings per the state residential building energy standards (RBES) energy code (section 2.4c), for mixed-use buildings per the CBES and RBES, and for multi-family buildings per the RBES or the state multi-family building energy standards (if implemented and applicable)(MFBES) and is fueled by: (1) Electricity (with exception of electric resistance units prohibited by the state commercial energy standards (CBES) energy code (section C403.2.3); (2) Wood pellets or wood chips; or (3) Other renewable fuel used by conventional primary heating systems, including renewable gas, biodiesel, and renewable district heating, if the building owner provides a contract demonstrating that the fuel required by the conventional primary heating system is fully sourced from such other renewable fuels for the life of that conventional heating system. Renewable service water heating system means a service water heating system as defined by the CBES for commercial buildings, by the RBES for residential buildings, by the CBES and RBES for mixed-use buildings (as applicable), and by the RBES or MFBES for multi-family buildings (if implemented and applicable) and is fueled by: (1) Electricity, provided that: a. The requirements of section C404 and minimum efficiency require- ments of Table C404.2 of the CBES are satisfied for commercial buildings; and § 38-724UTILITIES CD38:175 DR A F T b. The circulation loop requirements of the RBES and efficiency requirements set by the U.S. Department of Energy are satisfied for residential buildings; (2) Wood pellets or wood chips; (3) Solar thermal energy; or (4) Other renewable fuel used by conventional water heating systems, including renewable gas, biodiesel, and renewable district heating, if the building owner provides a contract demonstrating that the fuel required by the conventional primary water heating system is fully sourced from such other renewable fuels for the life of that conventional water heating system. Residential building shall be as defined by the residential building energy standards (RBES). (Ord. of 11-7-2022, § II) Sec. 38-725. Applicability. All new buildings shall utilize a renewable primary heating system and a renewable service water heating system. Non-primary heating systems that use non-renewable fuels may also be installed and utilized. (Ord. of 11-7-2022, § III) Sec. 38-726. Waiver. (a) The building inspector may issue a certificate of compliance where an applicant certifies that a waiver to the requirements of section 38-322 is warranted on the grounds that utilizing a renewable primary heating system or a renewable service water heating system in a new building would be uneconomical. To be deemed uneconomical, the 25-year capital and operational cost of the least expensive renewable primary heating system or renewable service water heating system, including any available incentives from their utility provider, Efficiency Vermont, or other state or federal entities, must be more than the 25-year capital and operational costs of a non-renewable primary heating system or non-renewable service water heating system, including the cost of externalities calculated by a building carbon price of $100.00 per ton for the life of the non-renewable primary heating system or non-renewable service water heating system. The building carbon price of $100.00 per ton shall be annually adjusted by the program administrator § 38-724 SOUTH BURLINGTON CITY CODE CD38:176 DR A F T equivalent to 100 percent of the annual change in the Consumer Price Index For All Urban Consumers (CPI-U) in the Northeast Region, to go into effect January 1 of every ensuing year. (b) Renewable service water heating system two-year waiver period for multi-family residential and commercial/industrial new buildings. Begin- ning on February 15, 2023, and ending on February 14, 2025, applicants who certify that their new building is a multi-family building as defined by the CBES, a mixed-use multi-family building as defined by the CBES, or a commercial/industrial building defined by the CBES shall be exempt from the renewable service water heating system requirements of section 38-725. All other requirements of section 38-322 shall remain applicable. Upon receipt of such certification, the building inspector shall issue a certificate of compliance provided all other requirements of section 38-725 and this article are met. Following the expiration of this two-year waiver period from the renewable service water heating system requirements, all new residential, commercial, and industrial construction for which a complete application for a construction permit is stamped received by the city fire marshal on or after February 15, 2025, shall comply with all requirements of this article. (Ord. of 11-7-2022, § IV) Sec. 38-727. Appointment of a building inspector. Upon the recommendation of the city manager, the city council shall appoint a building inspector who shall be a disinterested and competent person with experience in the construction of various types of buildings. (Ord. of 11-7-2022, § V) Sec. 38-728. Powers and duties of the building inspector. The building inspector shall have all powers necessary to ensure compli- ance with this article, including, but not limited to, receiving applications, collecting certifications, and issuing certificates of compliance, and shall report on such actions to the fire marshal and director of planning and zoning. (Ord. of 11-7-2022, § VI) Sec. 38-729. Revocation of appointment. Upon the recommendation of the city manager, the city council may remove the appointed building inspector, at any time. (Ord. of 11-7-2022, § VII) § 38-729UTILITIES CD38:177 DR A F T Sec. 38-730. Application for certificate of compliance; issuance and submission; condition precedent. (a) Application. For all new buildings, an application ("application") for a certificate of compliance with the requirements of this article shall be submitted to the building inspector. The building inspector will develop and make available to the public an application form that shall be utilized by any applicant. (b) Certificate of compliance. The building inspector shall issue a certificate of compliance upon receipt of an application and a complete certification submitted in accordance with section 38-731. (c) Condition precedent. Issuance of a certificate of compliance by the building inspector shall be a condition precedent to: (1) Occupancy of a new building. (2) If applicable, issuance by the city fire marshal acting under 20 V.S.A. § 2736 of any final occupancy/construction permit for a new building in accordance with the city fire prevention and safety regulations. (3) If applicable, issuance by the city zoning administrator of a certificate of occupancy for a new building in accordance with the city's land development regulations. (Ord. of 11-7-2022, § VIII) Sec. 38-731. Certification. (a) For all new buildings, a certification shall be submitted to the building inspector that either: (1) Certifies that the new building meets the requirements of this article; or (2) Certifies that the new building is entitled to a waiver in accordance with the requirements of section 38-323. A certification may be completed by a builder, a licensed professional engineer, a licensed professional plumber, a licensed professional electrician, a licensed architect, or an accredited home energy rating organization. The building inspector will develop and make available to the public a certificate form that lists the key features of this article. Any person submitting a certification shall use this certificate form to certify compliance with this § 38-730 SOUTH BURLINGTON CITY CODE CD38:178 DR A F T article or certify waiver entitlement. To complete certification, a copy of the completed certification shall also be permanently affixed to the outside of the heating equipment and/or domestic water heater, to the electrical service panel located inside the building, or in a visible location in the vicinity of one of these three areas. A builder may contract with a licensed professional engineer, a licensed professional plumber, a licensed professional electrician, a licensed architect, or an accredited home energy rating organization to issue certification and to indemnify the builder from any liability to the owner of the new building caused by noncompliance with this article. A certification may be filed contemporaneously with the application for a certificate of compliance. (b) All new buildings shall always remain in compliance with their submitted certification and this article. Following the submission of a certification and receipt of a certificate of compliance, if the renewable primary heating system or renewable service water heating system in a new building is replaced or a new fuel source is utilized, a new application must be submitted to the building inspector who will issue a new certificate of compliance upon receipt of a complete application and certification. (Ord. of 11-7-2022, § IX) Sec. 38-732. Enforcement. Any person who violates a provision of this article shall be subject to a violation which shall be punishable as a civil violation pursuant to section 1-14. Each day the violation continues shall constitute a separate violation. Firefighters and police officers of the city shall be authorized to act as issuing municipal officials to issue and pursue before the judicial bureau or other appropriate judicial body a municipal complaint. A municipal complaint may, at the discretion of the issuing municipal official, be dismissed upon the successful completion of a restorative justice program before the city community justice center. (Ord. of 11-7-2022, § X) Sec. 38-733. Waiver fee. An issuing municipal official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amounts, for any person who declines to contest a municipal complaint and pays the waiver fee: § 38-733UTILITIES CD38:179 DR A F T Waiver Fees — Heating and Service Water Heating Systems First offense $100.00 Second offense $200.00 Third offense $300.00 Fourth and subsequent offenses $400.00 (Ord. of 11-7-2022, § XI) Sec. 38-734. Other relief. In addition to the recovery of civil penalties provided for in section 38-733, the city may seek to enforce this article by an appropriate action for injunctive relief. Further, nothing herein shall be construed to limit other rights, remedies, or penalties available by law, including under 24 V.S.A. ch. 83. (Ord. of 11-7-2022, § XII) § 38-733 SOUTH BURLINGTON CITY CODE CD38:180 DR A F T CODE COMPARATIVE TABLE LEGISLATION This is a chronological listing of the ordinances and other legislation of the City of South Burlington, Vermont, used in this Code. Repealed or superseded laws at the time of the codifica- tion and any omitted materials are not reflected in the table. Legislation Date Section Section this Code Ord. of 7-6-1970 7-6-1970 4-19—4-29 Ord. of 1-4-1971 1-4-1971 3 8-91 4 8-92 5 8-140 6(a)8-84 —8-86 6(b)8-85 7 8-90 Ord. of 4-5-1971 4-5-1971 1 36-347 2 36-347 3 36-347 4 36-347 5 36-347 Ord. of 12-6-1971 12-6-1971 1 36-207 2 36-207 Ord. of 6-4-1973(1) 6-4-1973 1 36-206 Ord. of 6-4-1973(2) 6-4-1973 1 6-19 2 6-20 3 6-21 Ord. of 5-15-1978 5-15-1978 1 36-348 2 36-348 3 36-348 Ord. of 6-4-1979 6-4-1979 1(A)22-19 1(B)22-20 1(C)22-21 1(D)22-22 2(A)22-50 2(B)22-51 2(C)22-52 2(D)22-53 2(E)22-54 3(A)22-84 3(B)22-85 3(C)22-86 4(A)22-116 4(B)22-117 4(C)22-118 5(A)22-150 5(B)22-151 5(C)22-152 CCT:1 DR A F T Legislation Date Section Section this Code 6(A)22-173 6(B)22-174 6(C)22-175 6(D)22-176 6(E)22-177 6(F)22-178 7(a)22-243 7(b)22-244 7(c)22-245 7(d)22-246 7(e)22-247 8(A)22-273 8(B)22-274 8(C)22-275 9(A)22-299 9(B)22-300 9(C)22-301 9(D)22-302 9(E)22-303 9(F)22-304 9(G)22-305 9(H)22-306 10 22-331 Ord. of 8-19-1985 8-19-1985 1 36-349 2 36-349 3 36-349 Ord. of 6-29-1987 6-29-1987 1 36-350 2 36-350 Ord. of 7-20-1987 7-20-1987 —22-243—22-247 Ord. of 6-17-1991 6-17-1991 1 32-61 2 32-62 3 32-63 4 32-64 5 32-65 6 32-66 Ord. of 5-4-1992 5-4-1992 —38-352 Ord. of 8-18-1992 8-18-1992 I 22-19—22-22 II 22-210—22-217 III 22-243—22-247 —22-273—22-275 —22-299—22-306 Ord. of 3-8-1993 3-8-1993 Art. I 38-19 Art. II 38-20 Art. III 38-21 Art. IV 38-22 Ord. of 7-19-1993 7-19-1993 1 36-350 2 36-350 3 36-350 Ord. of 4-26-1995 4-26-1995 1 20-54 2 20-54 3 20-55 SOUTH BURLINGTON CITY CODE CCT:2 DR A F T Legislation Date Section Section this Code 4 20-56 5 20-57 6 20-58 7 20-58 8 20-59 Ord. of 6-5-1995 6-5-1995 1 4-20 2 4-21 3 4-22 4 4-23 5 4-24 6 4-25 7 4-26 8 4-27 9 4-28 10 4-28 11 4-29 12 4-19 Ord. of 7-17-1995 7-17-1995 1 38-21 Ord. of 6-2-1997 6-2-1997 1 20-19—20-25 Ord. of 11-17-1997 11-17-1997 1 36-350 2 36-350 3 36-350 4 36-350 Ord. of 6-2-1998 6-2-1998 1 32-95 2 32-95 3 32-97 4 32-96 5 32-98 6 32-99 7 32-99 Ord. of 4-5-1999 4-5-1999 I 22-243—22-247 II 22-331 III 22-19 —22-332 Ord. of 6-7-1999 6-7-1999 1 32-19 2 32-20 3 32-21 4 32-22 5 32-23 6 32-24 7 32-25 8 32-26 9 32-28 10 32-27 Ord. of 11-4-2002 11-4-2002 Art. I, § 1 38-48 Art. I, § 2 38-49 Art. II, § 1 38-72 Art. II, § 2 38-73 Art. II, § 3 38-74 Art. II, § 4 38-75 Art. II, § 5 38-76 CODE COMPARATIVE TABLE CCT:3 DR A F T Legislation Date Section Section this Code Art. II, § 6 38-77 Art. II, § 7 38-78 Art. II, § 8 38-79 Art. II, § 9 38-80 Art. III, § 1 38-104 Art. III, § 2 38-105 Art. III, § 3 38-106 Art. III, § 4 38-107 Art. III, § 5 38-108 Art. III, § 6 38-109 Art. III, § 7 38-110 Art. III, § 8 38-111 Art. III, § 9 38-112 Art. III, § 10 38-113 Art. III, § 11 38-114 Art. III, § 12 38-115 Art. III, § 13 38-116 Art. III, § 14 38-117 Art. IV, § 1 38-148 Art. IV, § 2 38-149 Art. IV, § 3 38-150 Art. IV, § 4 38-151 Art. IV, § 5 38-152 Art. IV, § 6 38-152 Art. IV, § 7 38-153 Art. IV, § 8 38-154 Art. IV, § 9 38-155 Art. V, § 1 38-179 Art. V, § 2 38-180 Art. V, § 3 38-181 Art. V, § 4 38-182 Art. V, § 5 38-183 Art. V, § 6 38-184 Art. V, § 7 38-185 Art. VI, § 1 38-209 Art. VI, § 2 38-210 Art. VI, § 3 38-211 Art. VI, § 4 38-212 Art. VII, § 1 38-233 Art. VII, § 2 38-234 Art. VII, § 3 38-235 Art. VII, § 4 38-236 Art. VIII, § 1 38-266 Art. VIII, § 2 38-267 Art. VIII, § 3 38-268 Art. VIII, § 4 38-269 Art. VIII, § 5 38-270 Art. VIII, § 6 38-271 Art. VIII, § 7 38-272 Art. VIII, § 8 38-273 Art. VIII, § 9 38-274 SOUTH BURLINGTON CITY CODE CCT:4 DR A F T Legislation Date Section Section this Code Art. VIII, § 10 38-275 Art. VIII, § 11 38-276 Art. VIII, § 12 38-277 Art. VIII, § 13 38-278 Art. IX 38-305—38-307 App. I 38-50 App. II 38-51 Ord. of 7-21-2003 7-21-2003 Art. I, § 1.0 38-597 Art. I, § 2.0 38-598 Art. II, § 1.0 38-630 Art. II, § 2.0 38-631 Art. II, § 3.0 38-632 Art. III, § 1.0 38-653 Art. III, § 2.0 38-654 Art. III, § 3.0 38-655 Art. III, § 4.0 38-656 Art. III, § 5.0 38-657 Art. III, § 6.0 38-658 Art. III, § 7.0 38-659 Art. IV, § 1.0 38-677 Art. IV, § 2.1 38-678 Art. IV, § 2.2 38-679 Art. IV, § 2.3 38-680 Art. IV, § 2.4 38-681 Art. IV, § 2.5 38-682 Art. IV, § 2.6 38-683 Art. IV, § 2.7 38-684 Art. IV, § 2.8 38-685 Art. IV, § 2.9 38-686 Art. IV, § 2.10 38-687 Art. IV, § 2.11 38-688 Art. IV, § 3.0 38-689 App. 38-690 Ord. of 5-3-2004 5-3-2004 2 14-162 3 14-162 4 14-163 5 14-164 6 14-165 8 14-166—14-168 Ord. of 3-21-2005 3-21-2005 Art. I, § 1 38-320 Art. I, § 2 38-321 Art. II, § 1 38-351 Art. II, § 2 38-352 Art. II, § 3 38-353 Art. II, § 4 38-354 Art. II, § 5 38-355 Art. III, § 1 38-371 Art. III, § 2 38-324 Art. III, § 3 38-372 Art. III, § 4 38-373 Art. III, § 5 38-374 CODE COMPARATIVE TABLE CCT:5 DR A F T Legislation Date Section Section this Code Art. III, § 6 38-375 Art. IV, § 1 38-394 Art. IV, § 2 38-395 Art. IV, § 3 38-396 Art. IV, § 4 38-397 Art. IV, § 5 38-398 Art. IV, § 6 38-399 Art. V, § 1 38-426 Art. V, § 2 38-428 Art. V, § 3 38-429 Art. V, § 4 38-430 Art. V, § 5 38-431 Art. V, § 6 38-432 Art. V, § 7 38-433 Art. VI, § 1 38-465 Art. VI, § 2 38-466 Art. VI, § 3 38-470 Art. VI, § 4 38-471 Art. VI, § 5 38-472 Art. VII, § 1 38-571 Art. VII, § 2 38-572 Art. VII, § 3 38-573 Art. VII, § 4 38-574 Ord. of 10-16-2006 10-16-2006 1 12-19 2 12-20 3 12-44 4 12-62 —12-92 5 12-63 6 12-64 7(a)12-89 7(b)12-89 7(c)12-89 7(d)12-90 7(e)12-90 7(f)12-91 Ord. of 6-10-2007 6-10-2007 1 34-19 2 34-20 3 34-21 4 34-22 Ord. of 4-21-2008 4-21-2008 1 14-19 2 14-20 3 14-19 4A 14-50 4B.1 14-51 4B.2 14-52 4C 14-53 4D 14-54 5 14-82 6 14-110 SOUTH BURLINGTON CITY CODE CCT:6 DR A F T Legislation Date Section Section this Code 7 14-83 8 14-23 Ord. of 11-17-2008 11-17-2008 I 32-161 II 32-162 III 32-163 IV 32-164 V 32-165 VI 32-166 VII 32-167 VIII 32-168 IX(1)32-169 IX(2)32-170 IX(3)32-170 IX(4)32-171 Ord. of 7-20-2009 7-20-2009 1(a)22-210 1(b)22-211 1(c)22-212 1(d)22-213 1(e)22-214 1(f)22-215 1(g)22-216 1(h)22-217 Ord. of 5-3-2010 5-3-2010 1 26-1 2 26-2 3 26-3 4 26-57 5 26-58 6(a)26-545 6(b)26-546 6(c)26-547 6(d)26-548 6(e)26-549 7 26-59 8(a)26-82 8(b)26-81 8(d)26-84 8(h)26-88 8(i)26-89 8(c)26-83 8(e)26-85 8(f)26-86 8(g)26-87 9(intro. ¶) 26-212 9(a)26-213 9(b)26-214 9(d)26-216 9(e)26-217 9(h)26-220 9(i)26-221 9(c)26-215 9(f)26-218 CODE COMPARATIVE TABLE CCT:7 DR A F T Legislation Date Section Section this Code 9(g)26-219 9(j)26-222 10(intro. ¶) 26-253 10(a)26-254 10(b)26-255 10(c)26-256 10(d)26-257 10(e)26-258 10(f)26-259 10(g)26-260 10(h)26-261—26-263 11(a)26-413 11(b)26-414 11(c)26-415 11(d)26-416 11(e)26-417 12(a)26-448 12(b)26-449 13(a)26-601 13(b)26-602 13(c)26-603 13(d)26-604 13(e)26-605 13(f)26-606 13(g)26-607 14(a)26-326 14(b)26-327 14(c)26-328 14(d)26-329 14(e)26-330 14(f)26-331 14(g)26-332 14(h)26-333 14(i)26-334 14(j)26-335 15(a)26-467 15(b)26-468 15(c)26-469 16(a)26-290 16(b)26-291 16(c)26-292 16(d)26-293 16(e)26-294 16(f)26-295 16(g)26-296 17(a)26-492 17(b)26-493 17(c)26-494 18(a)26-359 18(b)26-360 18(d)26-362 SOUTH BURLINGTON CITY CODE CCT:8 DR A F T Legislation Date Section Section this Code 18(e)26-363 18(f)26-364 18(g)26-365 18(h)26-366 18(i)26-367 18(c)26-361 19(intro. ¶) 26-633 19(a)26-634 19(b)26-635 19(c)26-636 19(d)26-637 19(e)26-638 19(f)26-639 19(g)26-640 20(intro. ¶) 26-695 20(a)26-696 20(b)26-697 20(d)26-699 20(e)26-700 20(f)26-701 20(g)26-702 20(h)26-703 20(i)26-704 20(j)26-705 20(k)26-706 20(l)26-707 20(c)26-698 20(m)26-708 20(n)26-709 21(a)26-732 21(b)26-733 21(c)26-734 21(d)26-735 21(e)26-736 21(f)26-737 21(g)26-738 21(h)26-739 22(a)26-512 22(b)26-513 22(c)26-514 22(d)26-515 22(e)26-516 22(f)26-517 22(g)26-518 23(intro. ¶) 26-107 —26-108 23(a)26-108 23(b)26-108 23(c)26-108 23(d)26-108 23(e)26-108 CODE COMPARATIVE TABLE CCT:9 DR A F T Legislation Date Section Section this Code 23(f)26-108 23(g)26-108 23(h)26-108 23(i)26-108 23(j)26-108 23(k)26-108 23(l)26-108 23(m)26-108 23(n)26-108 23(o)26-108 23(p)26-108 23(q)26-108 23(r)26-108 24(a)26-130 24(b)26-131 24(c)26-132 25 26-4 26 26-5 27 26-60 28 26-61 29 26-163 30 26-7 31 26-6 33 26-8 App. A 26-9 App. B 26-9 Ord. of 9-20-2010 9-20-2010 100 6-46 101 6-47 102 6-48 103 6-49 104 6-50 105 6-51 106 6-52 107 6-53 108 6-54 109 6-55 110 6-56 111 6-58 112 6-59 113 6-57 114 6-59 Ord. of 6-20-2011 6-20-2011 1 6-77 2 6-77 3 6-78 4 6-79 5 6-80 6 6-81 7 6-82 8 6-83 9 6-84 SOUTH BURLINGTON CITY CODE CCT:10 DR A F T Legislation Date Section Section this Code 10 6-85 11 6-86 Ord. of 3-18-2013 3-18-2013 1 16-19 2 16-19 3 16-20 4 16-21 5 16-22 6 16-23 7 16-24 8 16-25 9 16-26 10 16-27 11 16-28 12 16-29 13 16-30 14 16-31 15 16-32 16 16-33 17 16-34 18 16-35 19 16-36 20 16-37 21 16-38 22 16-39 23 16-40 24 16-41 25 16-42 26 16-43 27 16-44 28 16-45 29 16-46 30 16-47 31 16-48 32 16-49 33 16-52 34 16-53 35 16-54 36(intro. ¶) 16-55 36(a)16-56 36(b)16-56 36(c)16-57 37 16-58 Ord. of 5-20-2014 5-20-2014 1 18-1 2 18-2 3 18-3 4 18-4 5 18-5 6 18-6 7 18-7 8 18-8 CODE COMPARATIVE TABLE CCT:11 DR A F T Legislation Date Section Section this Code 9 18-9 10 18-10 Ord. of 7-21-2014 7-21-2014 1 4-20 2 4-21 3 4-22 4 4-23 5 4-24 6 4-25 7 4-26 8 4-27 9 4-28 10 4-28 11 4-29 12 4-19 Ord. of 7-6-2015 7-6-2015 1 8-19 2 8-20 3 8-52 4 8-53 5 8-54 6 8-55 7 8-84 8 8-85 9 8-86 10 8-87 11 8-88 12 8-89 13 8-90 14 8-91 15 8-92 16 8-113 17 8-140 18 8-21 19 8-22 20 8-23 21 8-24 Ord. of 10-5-2015(1) 10-5-2015 1 38-426 3 38-466 4 38-467 5 38-468 6 38-469 Ord. of 10-5-2015(2) 10-5-2015 1 38-546 2 38-547 3 38-548 4 38-549 App. A 38-322 App. B 38-323 Ord. of 10-19-2015(1) 10-19-2015 1 6-46 2 6-47 3 6-48 4 6-49 5 6-50 SOUTH BURLINGTON CITY CODE CCT:12 DR A F T Legislation Date Section Section this Code 6 6-51 7 6-52 8 6-56 9 6-53 10 6-54 11 6-55 12 6-56 13 6-57 14 6-58 15 6-59 Ord. of 10-19-2015(2) 10-19-2015 1 14-19 2 14-20 3(A)14-50 3(B)14-51 3(C)(1)14-52 3(C)(2)14-53 3(D)14-54 4 14-82 5 14-110 6 14-83 7 14-21 8 14-22 9 14-23 Ord. of 10-19-2015(3) 10-19-2015 1 22-19 2 22-20 3(A)22-21 3(B)22-22 4(A)22-50 4(B)22-51 4(C)22-52 4(D)22-53 4(E)22-54 5(A)22-84 5(B)22-85 5(C)22-86 6(A)22-116 6(B)22-117 6(C)22-118 7(A)22-150 7(B)22-151 7(C)22-152 8(A)22-173 8(B)22-174 8(C)22-175 8(D)22-176 8(E)22-177 8(F)22-178 9(A)22-210 9(B)22-211 9(C)22-212 9(D)22-213 CODE COMPARATIVE TABLE CCT:13 DR A F T Legislation Date Section Section this Code 9(E)22-214 9(F)22-215 9(G)22-216 9(H)22-217 10(A)22-243 10(B)22-244 10(C)22-245 10(D)22-246 10(E)22-247 11(A)22-273 11(B)22-274 11(C)22-275 12(A)22-299 12(B)22-300 12(C)22-301 12(D)22-302 12(E)22-303 12(F)22-304 12(G)22-305 12(H)22-306 13 22-23 14 22-331 15 22-332 16 22-333 Ord. of 10-19-2015(4) 10-19-2015 1 4-19 2 4-20 3 4-21 4 4-22 5 4-23 6 4-24 7 4-25 8 4-26 9 4-27 10 4-28 11 4-29 Ord. of 10-19-2015(5) 10-19-2015 1 20-54 2 20-55 3 20-56 4 20-57 5 20-58 6 20-59 Ord. of 10-17-2016(1) 10-17-2016 1.1 38-320 1.2 38-321 2.1 38-351 2.2 38-352 2.3 38-353 2.4 38-354 2.5 38-355 3.1 38-371 3.3 38-372 3.4 38-373 SOUTH BURLINGTON CITY CODE CCT:14 DR A F T Legislation Date Section Section this Code 3.5 38-374 3.6 38-375 4.1 38-394 4.2 38-395 4.3 38-396 4.4 38-397 4.5 38-398 4.6 38-399 5.1 38-427 5.2 38-428 5.3 38-429 5.4 38-430 5.5 38-431 5.6 38-432 5.7 38-433 6.1 38-465 6.2 38-466 6.3 38-470 6.4 38-471 6.5 38-472 7.1 38-498 7.2 38-499 8.1 38-571 8.2 38-572 8.3 38-573 8.4 38-574 Ord. of 10-17-2016(2) 10-17-2016 1 38-546 2 38-547 3 38-548 4 38-549 5 38-550 App. A 38-322 App. B 38-323 Ord. of 1-3-2017(1) 1-3-2017 1 6-77 2 6-78 3 6-79 4 6-80 5 6-81 6 6-82 7 6-83 8 6-84 9 6-85 10 6-86 11 6-87 Ord. of 1-3-2017(2) 1-3-2017 1 32-161 2 32-162 3 32-163 4 32-164 5 32-165 6 32-166 7 32-167 CODE COMPARATIVE TABLE CCT:15 DR A F T Legislation Date Section Section this Code 8 32-168 9 32-169 10 32-170 11 32-171 Ord. of 1-3-2017(3) 1-3-2017 1 12-19 2 12-20 3 12-44 4 12-62 5 12-63 6 12-64 7 12-65 8 12-89 9 12-90 10 12-91 Res. of 1-3-2017 1-3-2017 4 12-92 Ord. of 4-17-2017(1) 4-17-2017 1 8-164 2 8-165 3 8-166 4 8-167 5 8-168 6 8-169 Ord. of 4-17-2017(2) 4-17-2017 1 16-19 2 16-20 3 16-21 4 16-22 5 16-23 6 16-24 7 16-25 8 16-26 9 16-27 10 16-28 11 16-29 12 16-30 13 16-31 14 16-32 15 16-33 16 16-34 17 16-35 18 16-36 19 16-37 20 16-38 21 16-39 22 16-40 23 16-41 24 16-42 25 16-43 26 16-44 27 16-45 28 16-46 29 16-47 30 16-48 SOUTH BURLINGTON CITY CODE CCT:16 DR A F T Legislation Date Section Section this Code 31 16-49 32 16-50 33 16-51 34 16-52 35 16-53 36 16-54 37 16-55 38 16-56 39 16-57 40 16-58 Ord. of 4-17-2017(3) 4-17-2017 1 32-60 2 32-61 3 32-62 4 32-63 5 32-64 6 32-65 7 32-66 8 32-67 9 32-68 Ord. of 4-17-2017(4) 4-17-2017 1 32-95 2 32-96 3 32-97 4 32-98 5 32-99 6 32-100 Ord. of 5-1-2017(1) 5-1-2017 1 22-19 2 22-20 3(A)22-21 3(B)22-22 4(A)22-50 4(B)22-51 4(C)22-52 4(D)22-53 4(E)22-54 4(F)22-55 5(A)22-84 5(B)22-85 5(C)22-86 6(A)22-116 6(B)22-117 6(C)22-118 7(A)22-150 7(B)22-151 7(C)22-152 8(A)22-173 8(B)22-174 8(C)22-175 8(D)22-176 8(E)22-177 8(F)22-178 9(A)22-210 CODE COMPARATIVE TABLE CCT:17 DR A F T Legislation Date Section Section this Code 9(B)22-211 9(C)22-212 9(D)22-213 9(E)22-214 9(F)22-215 9(G)22-216 9(H)22-217 10(A)22-243 10(B)22-244 10(C)22-245 10(D)22-246 10(E)22-247 11(A)22-273 11(B)22-274 11(C)22-275 12(A)22-299 12(B)22-300 12(C)22-301 12(D)22-302 12(E)22-303 12(F)22-304 12(G)22-305 12(H)22-306 13 22-23 14 22-331 15 22-332 16 22-333 Ord. of 5-1-2017(2) 5-1-2017 1 24-11 2 24-12 3 24-13 4(A)24-22 4(B)24-23 4(C)24-24 4(D)24-25 4(E)24-26 4(F)24-27 4(G)24-28 4(H)24-29 4(I)24-30 5(A)24-51 5(B)24-52 5(C)24-53 5(D)24-54 5(E)24-55 5(F)24-56 5(G)24-57 6 24-78 7 24-79 8 24-80 Ord. of 1-2-2018 1-2-2018 1 14-162 2 14-163 SOUTH BURLINGTON CITY CODE CCT:18 DR A F T Legislation Date Section Section this Code 3 14-164 4 14-165 5 14-166 6 14-167 7 14-168 Ord. of 5-22-2018 5-22-2018 1 14-19 2 14-20 3(A)14-50 3(B)14-51 3(C)14-52 3(D)14-53 3(E)14-54 4 14-82 5 14-110 6 14-83 7 14-21 8 14-22 9 14-23 Ord. of 3-18-2019 3-18-2019 1 22-19 2 22-20 3(A)22-21 3(B)22-22 4(A)22-50 4(B)22-51 4(C)22-52 4(D)22-53 4(E)22-54 4(F)22-55 5(A)22-84 5(B)22-85 5(C)22-86 6(A)22-116 6(B)22-117 6(C)22-118 7(A)22-150 7(B)22-151 7(C)22-152 8(A)22-173 8(B)22-174 8(C)22-175 8(D)22-176 8(E)22-177 8(F)22-178 9(A)22-210 9(B)22-211 9(C)22-212 9(D)22-213 9(E)22-214 9(F)22-215 9(G)22-216 9(H)22-217 CODE COMPARATIVE TABLE CCT:19 DR A F T Legislation Date Section Section this Code 10(A)22-243 10(B)22-244 10(C)22-245 10(D)22-246 10(E)22-247 11(A)22-273 11(B)22-274 11(C)22-275 12(A)22-299 12(B)22-300 12(C)22-301 12(D)22-302 12(E)22-303 12(F)22-304 12(G)22-305 12(H)22-306 13 22-23 14 22-331 15 22-332 16 22-333 Ord. of 8-19-2019(1) 8-19-2019 1 36-259 2 36-260 3 36-304 4 36-305 5 36-284 6 36-285 7(a)36-322 7(b)36-323 7(c)36-324 7(d)36-325 7(e)36-326 7(f)36-327 7(g)36-328 7(h)36-329 Ord. of 8-19-2019(2) 8-19-2019 1 36-1 2 36-2 3 36-56 4 36-86 5 36-116 6 36-25 7 36-26 8 36-146 9 36-176 10(A)36-234 10(B)36-235 10(C)36-236 10(D)36-236 10(E)36-237 10(F)36-238 10(G)36-239 SOUTH BURLINGTON CITY CODE CCT:20 DR A F T Legislation Date Section Section this Code 10(H)36-240 11 36-3 Ord. of 7-6-2021 7-6-2021 1 38-546 2 38-547 3 38-548 4 38-549 5 38-550 App. B 38-523 Ord. of 11-7-2022 11-7-2022 I 38-723 II 38-724 III 38-725 IV 38-726 V 38-727 VI 38-728 VII 38-729 VIII 38-730 IX 38-731 X 38-732 XI 38-733 XII 38-734 Ord. of 12-5-2022 12-5-2022 1.1 38-320 1.2 38-321 3.6 38-375 5.3 38-429 5.5 38-431 6.1 38-465 6.3 38-470 7.1 38-498 8.1 38-522 8.2 38-523 8.3 38-524 9.1 38-571 9.2 38-572 9.3 38-573 9.4 38-574 Ord. of 1-23-2023 1-23-2023 3 18-3 4 18-4 5 18-5 6 18-6 7 18-7 att.18-11 CODE COMPARATIVE TABLE CCT:21 DR A F T DR A F T STATE LAW REFERENCE TABLE This table shows the location within this Charter and Code, either in the text or notes following the text, of references to the Vermont Statutes Annotated (V.S.A.). V.S.A. Title Section Section this Code 1 313 Char. § 13-305 4 32 36-259 1102 et seq.4-27 —4-29 —6-82 —14-23 —14-168 —16-57 —16-59 —26-7 —32-171 —38-573 5 3587 Ch. 32 (note) 3588 Ch. 14, Art. II 7 1001 14-163 —22-20 9 2881 et seq.16-33, 16-34 10 ch. 21 26-107 ch. 47 38-320 ch. 153 38-320 551 et seq.Ch. 14, Art. II 1250 et seq.38-371 1671 et seq.Ch. 38 (note) 1971 et seq.Ch. 38 (note) 3581 et seq.6-80 6601 et seq.Ch. 28 (note) 13 302 Ch. 32 (note) 351 et seq.Ch. 6 (note) —Ch. 6, Art. II —Ch. 6, Art. IV 905 Ch. 14, Art. II, Div. 4 1752 Ch. 12, Art. II 1753 Ch. 12, Art. II 3701 Ch. 14, Art. II, Div. 4 —38-179 —38-355 3701 et seq.Ch. 14, Art. II, Div. 4 SLT:1 DR A F T V.S.A. Title Section Section this Code 15 901 Ch. 14, Art. II, Div. 4 17 ch. 51 Char. § 13-504 ch. 55 Char. § 13-504 18 ch. 37 14-162 —22-19 1421 et seq.Ch. 14, Art. III 1741 et seq.Ch. 14, Art. III 1741(2)14-163 1742 14-164 1743 14-165 4001 et seq.Ch. 14, Art. II, Div. 3 4301 et seq.Ch. 14, Art. II, Div. 3 19 —26-364 —26-703 304 36-1 —36-259 901 et seq.Ch. 14, Art. II, Div. 4 20 —16-21 ch. 173 16-20 —16-57 2291(13)8-164 2681 et seq.Ch. 16, Art. II 2730 16-20 2731 Ch. 8 (note) —Ch. 8, Art. III 2734 16-31 2736 8-19 —16-19 —38-730 2736(a)16-19 2904 36-259 2921 et seq.Ch. 16, Art. II 3541 6-78 3541 et seq.Ch. 6, Art. IV 3541(2)6-78 3541(3)6-78 3541(8)6-78 3541(9)6-78 3546 6-83 —6-85 3549 6-77 3551 6-80 3581 6-80 3801 et seq.6-80 —6-85 3806 6-84 SOUTH BURLINGTON CITY CODE SLT:2 DR A F T V.S.A. Title Section Section this Code 23 1 et seq.Ch. 36 (note) 4 36-2 —36-260 304a 36-304 1001 et seq.Ch. 36, Art. II 1007 36-1 1008 36-1 —Ch. 36, Art. II —36-259 1022 36-25 —36-236 1024 36-26 1027 Ch. 14, Art. II —Ch. 26 (note) 1035 36-239 1048(b)36-86 1048(c)36-116 1136(c)36-235 ch. 13 36-347 1753 36-259 2201—2207 36-348, 36-349 ch. 24 36-3 2302 36-3 24 13-101 et seq.Char. (note) 138 Char. § 13-1506 —Ch. 34, Art. II 138(a)(2)Char. § 13-1506 138(b)34-21 138(c)Char. § 13-1506 —34-21 138(d)Char. § 13-1506 —34-21 229(6)Ch. 38 (note) 1033 8-19 1231 et seq.Char., Subch. 9 1236 Char. § 13-904 1788 Ch. 30 (note) ch. 59 1-1 —4-19 —6-46 —6-77 —8-19 —8-164 —12-19 —14-19 —14-162 —16-19 —18-1 —20-25 —20-54 —22-19 STATE LAW REFERENCE TABLE SLT:3 DR A F T V.S.A. Title Section Section this Code —24-11 —26-2 —32-19 —32-60 —32-95 —32-161 —36-1 —36-259 —38-550 —38-573 1974 1-14 —38-234 1974a 1-14 —38-233 —38-659 1974a et seq.6-82 1977 4-27—4-29 —6-82 —14-23 —14-168 —16-57 —16-59 —26-7 —32-171 —38-573 2181 24-13 2201 et seq.Ch. 28 (note) 2291 4-19 —6-77 —14-19 —Ch. 14, Art. II, Div. 2 —20-25 —20-54 —22-19 —26-2 —32-19 —32-60 —32-95 —36-259 2291(1)36-1 2291(3)Ch. 32, Art. V —32-161 2291(4)Ch. 26 (note) —36-1 2291(5)36-1 2291(7)Ch. 26 (note) 2291(8)Ch. 20, Art. II —Ch. 24, Art. II 2291(9)24-11 SOUTH BURLINGTON CITY CODE SLT:4 DR A F T V.S.A. Title Section Section this Code 2291(10)Ch. 6 (note) —6-77 2291(11)Ch. 4, Art. II 2291(12)Ch. 28 (note) 2291(13)Ch. 8, Art. III —Ch. 14, Art. II 2291(14)6-46 —6-77 —12-19 —Ch. 14, Art. II —Ch. 14, Art. III —14-162 2291(15)6-77 2291(16)Ch. 32, Art. II 2291(21)Ch. 6 (note) —Ch. 6, Art. IV 2291(22)Ch. 38 (note) 2295 Ch. 6 (note) —Ch. 6, Art. II —Ch. 6, Art. IV —Ch. 20, Art. II ch. 67 22-19 2501 et seq.Ch. 22, Art. II —Ch. 38, Art. IV 2731(a)16-19 ch. 83 38-723 —38-734 3101 Ch. 8 (note) 3251 et seq.Ch. 30 (note) 3301 et seq.Ch. 38 (note) 3306 38-272 3401 et seq.Ch. 38 (note) —Ch. 38, Art. IV 3501 et seq.Ch. 38 (note) —38-371 3501(6)38-371 3504 38-398 —38-471 —38-499 3601 38-371 3601 et seq.Ch. 38, Art. IV —38-371 3612 38-398 —38-471 3614 38-320 3615 38-398 3616 38-399 3631 et seq.Ch. 38, Art. IV 3809 Ch. 14, Art. II, Div. 4 STATE LAW REFERENCE TABLE SLT:5 DR A F T V.S.A. Title Section Section this Code 4001 et seq.Ch. 14, Art. II, Div. 3 ch. 117 Char. § 13-702 4416 Ch. 26 (note) 4421 32-19 4463 Ch. 32, Art. II ch. 129 38-270 —38-272 —38-307 —38-398 5141 et seq.Ch. 38, Art. III, Div. 6 —38-272 —Ch. 38, Art. III, Div. 9 —38-306 —Ch. 38, Art. IV 5143 et seq.Ch. 38 (note) 5200 et seq.Ch. 18 (note) —18-1 24 App.13-101 et seq.Char. (note) 13-1506 Ch. 34, Art. II 13-1506 34-22 26 ch. 3 16-30 ch. 15 8-20 —8-24 —8-113 881 et seq.Ch. 8, Art. II, Div. 3 881(3)8-20 898 8-19, 8-20 —Ch. 8, Art. II, Div. 3 898(f)8-90 902 Ch. 12, Art. II 910 8-113 ch. 20 16-30 3151 et seq.Ch. 12, Art. II 32 3618 Char. § 13-1504 3618(a)Char. § 13-1504 3618(c)Char. § 13-1504 3848 Char. § 13-1504 5061 8-140 —16-29 —38-272 —38-414 5402 Char. § 13-1304 SOUTH BURLINGTON CITY CODE SLT:6 DR A F T A ALCOHOLIC BEVERAGES Taxation Sales, rooms, meals, and alcoholic beverages tax ......................................................... 13-1506 ASSESSMENT Appraisal of unimproved land approved for com- mercial or industrial development ................ 13-1904 Department of Assessment ............................... 13-1901 Powers and duties ........................................... 13-1902 B BOARDS, COMMISSIONS AND COMMITTEES Planning Planning Commission ................................... 13-701 Steering committee ......................................... 13-1101 et seq. See: STEERING COMMITTEE Water department Board of Water Commissioners ...................... 13-2004 BONDS, SURETY OR PERFORMANCE City manager Oath; bond ................................................... 13-903 BUDGET Amount to be raised by taxation ....................... 13-1304 Appropriation ................................................. 13-1305 City and School District annual meeting warning and budget ................................................ 13-1303 Departmental budget ....................................... 13-1306 Fiscal year ...................................................... 13-1301 Preparation and submission ............................. 13-1302 Transfers of appropriations .............................. 13-1307 CHARTER INDEX Section CHTi:1 DR A F T C CHARTER Assessment .................................................... 13-1901 et seq. See: ASSESSMENT Authority to amend ......................................... 13-2101 Budget ........................................................... 13-1301 et seq. See: BUDGET City manager .................................................. 13-901 et seq. See: CITY MANAGER Meetings ........................................................ 13-501 et seq. See: MEETINGS Officers .......................................................... 13-301 et seq. See: OFFICERS Personnel ....................................................... 13-1701 et seq. See: PERSONNEL Planning ........................................................ 13-701 et seq. See: PLANNING Powers ........................................................... 13-101 et seq. See: POWERS Steering committee ......................................... 13-1101 et seq. See: STEERING COMMITTEE Taxation ......................................................... 13-1501 et seq. See: TAXATION Water department ........................................... 13-2001 et seq. See: WATER DEPARTMENT SOUTH BURLINGTON CITY CODE Section CHTi:2 DR A F T CITY COUNCIL Officers City Council; number; terms of office; election .. 13-302 CITY MANAGER Appointment ................................................... 13-901 Compensation ................................................. 13-905 Oath; bond ..................................................... 13-903 Powers and duties ........................................... 13-904 Qualifications ................................................. 13-902 Removal ......................................................... 13-906 CONTRACTS AND AGREEMENTS Taxation Tax stabilization agreements ......................... 13-1505 F FINANCE Budget ........................................................... 13-1301 et seq. See: BUDGET FINES, FORFEITURES AND OTHER PENAL- TIES Taxation Penalty ........................................................ 13-1502 Waiver of penalty .......................................... 13-1503 H HEARINGS Powers Introduction; first and second readings; public hearing ................................................... 13-106 M MEETINGS Application of general laws .............................. 13-501 CHARTER INDEX Section CHTi:3 DR A F T MEETINGS (Cont'd.) Budget City and School District annual meeting warn- ing and budget ........................................ 13-1303 Officers Meetings ...................................................... 13-305 Petition for enactment of ordinance; special meet- ing ............................................................ 13-506 Polling places .................................................. 13-504 Rescission of ordinances ................................... 13-505 Special City and School District meetings .......... 13-503 Time of holding ............................................... 13-502 O OATH, AFFIRMATION, SWEAR OR SWORN City manager Oath; bond ................................................... 13-903 OFFICERS Appointments ................................................. 13-307 City Council; number; terms of office; election .... 13-302 Compensation of Council members; appointees ......13-309 General provisions .......................................... 13-301 Jurisdiction over other officers or employees ...... 13-308 Meetings ........................................................ 13-305 Organization ................................................... 13-303 Powers and duties ........................................... 13-310 Records of proceedings ..................................... 13-306 Vacancies ....................................................... 13-304 ORDINANCES, RESOLUTIONS, ETC Meetings Petition for enactment of ordinance; special meeting .................................................. 13-506 Rescission of ordinances ................................ 13-505 Powers Ordinances; enforcement; adoption ................. 13-105 Ordinances; subjects ..................................... 13-104 SOUTH BURLINGTON CITY CODE Section CHTi:4 DR A F T P PERSONNEL Appointment and removal ................................ 13-1701 Ethical guideline ............................................. 13-1703 Personnel rules and regulations ........................ 13-1702 PLANNING Planning Commission ...................................... 13-701 Powers and duties ........................................... 13-702 POWERS Annual City report .......................................... 13-110 Corporate existence retained ............................ 13-101 Effective date .................................................. 13-108 Filing ............................................................. 13-109 Further consideration; final passage ................. 13-107 General law application ................................... 13-102 Introduction; first and second readings; public hearing ..................................................... 13-106 Ordinances; enforcement; adoption .................... 13-105 Ordinances; subjects ........................................ 13-104 Powers of the City ........................................... 13-103 Reservation of powers to the City ..................... 13-111 PROPERTY Taxation Business inventory and business personal property .................................................. 13-1504 Taxes on real and personal property ............... 13-1501 R RECORDS AND REPORTS Officers Records of proceedings .................................. 13-306 Powers Annual City report ....................................... 13-110 CHARTER INDEX Section CHTi:5 DR A F T S SCHOOLS Budget City and School District annual meeting warn- ing and budget ........................................ 13-1303 Meetings Special City and School District meetings ....... 13-503 STEERING COMMITTEE Membership ................................................... 13-1101 Powers and duties ........................................... 13-1102 T TAXATION Business inventory and business personal property 13-1504 Penalty .......................................................... 13-1502 Sales, rooms, meals, and alcoholic beverages tax 13-1506 Tax stabilization agreements ............................ 13-1505 Taxes on real and personal property .................. 13-1501 Waiver of penalty ............................................ 13-1503 W WATER DEPARTMENT Accounts ........................................................ 13-2003 Board of Water Commissioners ......................... 13-2004 Continuation of prior law ................................. 13-2001 Operations ..................................................... 13-2002 SOUTH BURLINGTON CITY CODE Section CHTi:6 DR A F T A ACCESS Fire prevention and protection Fire code Fire department access key vault ................. 16-44 Signs Other requirements General sign requirements Visibility from limited access facility prohibited .......................................... 26-703 Regulations by sign type Miscellaneous types of signs Limited access facility .............................. 26-364 ADMINISTRATION Registration of security alarm systems .............. 12-44 Signs ............................................................. 26-57 et seq. See: SIGNS Traffic and vehicles ......................................... 36-284 et seq. See: TRAFFIC AND VEHICLES Utilities ......................................................... 38-653 et seq. See: UTILITIES AIRPORTS AND AIRCRAFT Signs ............................................................. 26-467 et seq. See: SIGNS ALARM SYSTEMS Administration Registration of security alarm systems ........... 12-44 Emergency services Security alarm systems Definitions ................................................ 12-20 CODE INDEX Section CDi:1 DR A F T ALARM SYSTEMS (Cont'd.) Findings of fact; purpose and authority ........ 12-19 Fire prevention and protection ......................... 16-40 et seq. See: FIRE PREVENTION AND PROTECTION ALCOHOLIC BEVERAGES Parks and recreation Conduct in parks Conduct Alcohol forbidden ..................................... 22-53 Taxation ......................................................... 34-19 et seq. See: TAXATION AMUSEMENTS AND ENTERTAINMENTS Circuses, carnivals and other shows Application for license ................................... 4-22 Approval conditions ...................................... 4-24 Approval standards ....................................... 4-23 Definitions ................................................... 4-20 Enforcement ................................................. 4-27 Exemptions .................................................. 4-26 License fee ................................................... 4-25 Other relief .................................................. 4-29 Purpose and authority ................................... 4-19 Regulation of shows ...................................... 4-21 Waiver fee .................................................... 4-28 ANIMALS Chickens Authority and purpose .................................. 6-46 Enclosures ................................................... 6-51 Enforcement ................................................. 6-57 Exceptions ................................................... 6-48 Feed and water ............................................. 6-55 Lighting ...................................................... 6-53 Non-commercial use only ............................... 6-50 Number and type of chickens allowed ............. 6-49 SOUTH BURLINGTON CITY CODE Section CDi:2 DR A F T ANIMALS (Cont'd.) Odor and noise impacts ................................. 6-52 Other relief .................................................. 6-59 Permit required ............................................ 6-47 Predators, rodents, insects and parasites ........ 6-54 Waiver fee .................................................... 6-58 Waste storage and removal ............................ 6-56 Dogs and cats Civil penalty; waiver fee ................................ 6-86 Collar and license ......................................... 6-80 Definitions ................................................... 6-78 Disturbances and nuisances ........................... 6-79 Enforcement ................................................. 6-82 Humane care of dogs and cats ........................ 6-81 Impoundment ............................................... 6-83 Investigation of vicious dogs or cats ................ 6-85 Notice of impoundment and release from impoundment .......................................... 6-84 Other relief .................................................. 6-87 Purpose and authority ................................... 6-77 Parks and recreation ....................................... 22-243 et seq. See: PARKS AND RECREATION Trapping of animals Game wardens excluded ................................ 6-20 Prohibited .................................................... 6-19 Violation ...................................................... 6-21 APPEALS Buildings and building regulations Electrical installations Inspection ................................................. 8-90 Impact fees Appeals ....................................................... 18-9 Parks and recreation Conduct in parks Permit system Approval or denial; appeal ........................ 22-306 CODE INDEX Section CDi:3 DR A F T APPEALS (Cont'd.) Signs Administration Appeals Hearing or order process to appeal action of DRC .................................................. 26-163 Streets, sidewalks and other public places Trees on public property ................................ 32-168 Traffic and vehicles Parking Administration and enforcement Administrative appeal and enforcement of parking tickets ................................... 36-285 Removal of unlawfully parked motor vehicles Appeal of removal .................................... 36-325 AREA Parks and recreation Conduct in parks Animals, plants and wildlife Domestic animals prohibited in certain areas; dogs .................................................. 22-247 Closed areas .............................................. 22-23 Signs ............................................................. 26-217 et seq. See: SIGNS B BICYCLES Parks and recreation Conduct in parks Recreation path Bicycle racing prohibited .......................... 22-212 Traffic and vehicles Miscellaneous regulations Regulations regarding vulnerable users Bicycle riders .......................................... 36-235 SOUTH BURLINGTON CITY CODE Section CDi:4 DR A F T BOATS, DOCKS AND WATERWAYS Parks and recreation ....................................... 22-84 et seq. See: PARKS AND RECREATION BONDS, SURETY OR PERFORMANCE Parks and recreation Conduct in parks Permit system Bond ...................................................... 22-305 BOUNDARIES Parks and recreation Conduct in parks Animals, plants and wildlife Domestic animals within park boundaries .. 22-243 BUILDINGS AND BUILDING REGULATIONS Electrical installations Authority and purpose .................................. 8-19 Definitions ................................................... 8-20 Enforcement ................................................. 8-22 Fees Fees pertaining to permits and inspections, and recovery of enforcement costs; assess- ment as lien on real estate ..................... 8-140 Inspection Appeals ..................................................... 8-90 Authority granted to the inspector ............... 8-92 Certificate of approval ................................ 8-86 Connection to energy sources prohibited until certificate of approval issued .................. 8-87 Duties of the electrical inspector .................. 8-91 Inspection of concealed wiring ..................... 8-85 Inspection of work; notice of defective work .. 8-84 Re-inspection; notice of unsafe conditions ..... 8-89 Sale or occupancy of a structure without certificate of approval ............................ 8-88 Liability for damages .................................... 8-21 CODE INDEX Section CDi:5 DR A F T BUILDINGS AND BUILDING REGULATIONS (Cont'd.) License Required; ratio ........................................... 8-113 Other relief .................................................. 8-24 Permit Application ................................................ 8-53 Issuance of permit; duration of permit .......... 8-54 Required for installation of electrical wiring or equipment ........................................ 8-52 Wiring installed without a permit ................ 8-55 Waiver fee .................................................... 8-23 Environment Nuisances Defacing buildings, structures and signs Unlawful acts .......................................... 14-110 Fire prevention and protection Fire code Fire marshal to make inspections of buildings 16-26 Radio coverage in structure and buildings .... 16-45 Signs ............................................................. 26-222 et seq. See: SIGNS Substandard, unsafe, unmaintained buildings Definitions ................................................... 8-165 Enforcement ................................................. 8-167 Other relief .................................................. 8-169 Prohibition ................................................... 8-166 Purpose and authority ................................... 8-164 Waiver fee .................................................... 8-168 Utilities ......................................................... 38-104 et seq. See: UTILITIES SOUTH BURLINGTON CITY CODE Section CDi:6 DR A F T BUSINESSES Signs Administration Exemptions Business directional signs and sign plazas exempt .............................................. 26-107 C CERTIFICATES, CERTIFICATION Buildings and building regulations ................... 8-86 et seq. See: BUILDINGS AND BUILDING REGULA- TIONS Fire prevention and protection Fire code Occupant load certificate ............................. 16-32 Utilities ......................................................... 38-730 et seq. See: UTILITIES CODE OF ORDINANCES* Additions and amendments deemed incorporated in Code ..................................................... 1-10 Altering Code ................................................. 1-12 Amendments to Code ....................................... 1-9 Amusements and entertainments ...................... 4-19 et seq. See: AMUSEMENTS AND ENTERTAINMENTS Animals ......................................................... 6-19 et seq. See: ANIMALS Buildings and building regulations ................... 8-19 et seq. See: BUILDINGS AND BUILDING REGULA- TIONS Catchlines and headings .................................. 1-3 Certain ordinances not affected by Code ............ 1-7 Code does not affect prior offenses, rights, etc .... 1-17 Conflicts ......................................................... 1-16 *Note—The adoption, amendment, repeal, omissions, effective date, explanation of numbering system and other matters pertaining to the use, construction and interpretation of this Code are contained in the adopting ordinance and preface which are to be found in the preliminary pages of this volume. CODE INDEX Section CDi:7 DR A F T CODE OF ORDINANCES (Cont'd.) Effect of repeal of ordinance ............................. 1-8 Emergency services ......................................... 12-19 et seq. See: EMERGENCY SERVICES Environment .................................................. 14-19 et seq. See: ENVIRONMENT Fire prevention and protection ......................... 16-19 et seq. See: FIRE PREVENTION AND PROTECTION General penalty; continuing violations ............... 1-14 History notes .................................................. 1-4 How Code designated and cited ........................ 1-1 Impact fees ..................................................... 18-1 et seq. See: IMPACT FEES Miscellaneous offenses ..................................... 20-19 et seq. See: MISCELLANEOUS OFFENSES Parks and recreation ....................................... 22-19 et seq. See: PARKS AND RECREATION References to chapters or sections ..................... 1-6 Responsibility of officers of corporations violating this Code ................................................... 1-15 Rules of construction; definitions ...................... 1-2 Sales .............................................................. 24-11 et seq. See: SALES Severability of parts of Code ............................. 1-13 Signs ............................................................. 26-1 et seq. See: SIGNS State law references and editor's notes .............. 1-5 Streets, sidewalks and other public places ......... 32-19 et seq. See: STREETS, SIDEWALKS AND OTHER PUBLIC PLACES Supplementation of Code ................................. 1-11 SOUTH BURLINGTON CITY CODE Section CDi:8 DR A F T CODE OF ORDINANCES (Cont'd.) Taxation ......................................................... 34-19 et seq. See: TAXATION Traffic and vehicles ......................................... 36-1 et seq. See: TRAFFIC AND VEHICLES Utilities ......................................................... 38-19 et seq. See: UTILITIES D DAMAGE, DEFACEMENT, DESTRUCTION, INJURY, ETC. Buildings and building regulations Electrical installations Liability for damages .................................. 8-21 Fire prevention and protection Fire code Damage to fire protection systems and equip- ment .................................................... 16-41 Parks and recreation Conduct in parks Animals, plants and wildlife Disturbing or causing injury to animal prohibited .......................................... 22-246 Utilities ......................................................... 38-110 et seq. See: UTILITIES DISTRIBUTION Utilities Water system Protection from damage Obstruction of water distribution system prohibited .......................................... 38-181 DISTRICTS Signs ............................................................. 26-220 et seq. See: SIGNS CODE INDEX Section CDi:9 DR A F T DISTRICTS (Cont'd.) Utilities Water system Extension, modification and maintenance of city and CWD water mains Connecting to Champlain Water District transmission pipelines ........................ 38-79 E EASEMENTS Utilities Water system Powers and authority of inspectors Inspection by superintendent of private properties; entry and subsequent work on easement ....................................... 38-211 ELECTRICITY Buildings and building regulations ................... 8-19 et seq. See: BUILDINGS AND BUILDING REGULA- TIONS EMERGENCY SERVICES Administration ............................................... 12-44 et seq. See: ADMINISTRATION Enforcement Alarm system fees and charges; response to repeated false alarms ............................ 12-92 Other relief ............................................... 12-91 Violations .................................................. 12-89 Waiver fee ................................................. 12-90 Regulations Elevator car emergency signaling devices ..... 12-65 Prohibited security alarm systems ............... 12-64 Reporting false alarms; appeals and fees ...... 12-63 Responsibility to prevent false alarms .......... 12-62 SOUTH BURLINGTON CITY CODE Section CDi:10 DR A F T EMERGENCY SERVICES (Cont'd.) Fire prevention and protection Fire code Emergency services radio amplification ........ 16-47 Security alarm systems Definitions ................................................... 12-20 Findings of fact; purpose and authority ........... 12-19 ENTRY Fire prevention and protection Fire code Fire marshal to be permitted entry into premises .............................................. 16-27 Refusal to permit entry ............................... 16-28 Signs ............................................................. 26-413 et seq. See: SIGNS Utilities Water system Powers and authority of inspectors Inspection by superintendent of private properties; entry and subsequent work on easement ....................................... 38-211 ENVIRONMENT Nuisances Defacing buildings, structures and signs Unlawful acts ............................................ 14-110 Definitions ................................................... 14-20 Enforcement ................................................. 14-21 Excessive noise Exemptions ............................................... 14-53 Express prohibitions ................................... 14-52 General prohibition .................................... 14-51 Notification ............................................... 14-54 Purpose ..................................................... 14-50 Other relief .................................................. 14-23 Purpose and authority ................................... 14-19 CODE INDEX Section CDi:11 DR A F T ENVIRONMENT (Cont'd.) Unsafe or unsanitary conditions Improper use of privately controlled waste containers ............................................ 14-83 Urination and defecation ............................ 14-82 Waiver fee .................................................... 14-22 Smoking in places of public access Definitions ................................................... 14-163 Enforcement ................................................. 14-166 Exceptions ................................................... 14-165 Other relief .................................................. 14-168 Purpose and authority ................................... 14-162 Smoking prohibited ....................................... 14-164 Waiver fee .................................................... 14-167 EXCAVATIONS Utilities Water system Building water service connections Excavations for building water service con- nections ............................................. 38-116 Extension, modification and maintenance of city and CWD water mains Excavation work requires prior approval .... 38-75 F FALSE ALARMS Fire prevention and protection Fire code Intentional false alarms .............................. 16-42 FARMING, FARMS Sales Peddlers Licensing Extended license for farmers market ......... 24-29 Seating for farmers market ....................... 24-30 SOUTH BURLINGTON CITY CODE Section CDi:12 DR A F T FEES, CHARGES AND RATES Buildings and building regulations Electrical installations Fees Fees pertaining to permits and inspections, and recovery of enforcement costs; assess- ment as lien on real estate .................. 8-140 Fire prevention and protection Fire code Fees .......................................................... 16-58 Impact fees ..................................................... 18-1 et seq. See: IMPACT FEES Parks and recreation ....................................... 22-273 et seq. See: PARKS AND RECREATION Sales Peddlers Enforcement City fees for peddlers ............................... 24-81 Licensing License fees ............................................ 24-27 Signs Administration Permit Fees ....................................................... 26-58 Traffic and vehicles Parking Removal of unlawfully parked motor vehicles Charges for removal ................................. 36-327 Charges not a penalty .............................. 36-329 Utilities ......................................................... 38-233 et seq. See: UTILITIES FENCES, WALLS, HEDGES AND ENCLOSURES Animals Chickens Enclosures ................................................. 6-51 CODE INDEX Section CDi:13 DR A F T FENCES, WALLS, HEDGES AND ENCLOSURES (Cont'd.) Signs ............................................................. 26-705 et seq. See: SIGNS Utilities Cross connection control Backflow prevention Assembly installations Protective enclosures ............................. 38-688 FINES, FORFEITURES AND OTHER PENAL- TIES Amusements and entertainments Circuses, carnivals and other shows Waiver fee ................................................. 4-28 Animals Chickens Waiver fee ................................................. 6-58 Dogs and cats Civil penalty; waiver fee ............................. 6-86 Buildings and building regulations Electrical installations Waiver fee ................................................. 8-23 Substandard, unsafe, unmaintained buildings Waiver fee ................................................. 8-168 Code of ordinances General penalty; continuing violations ............ 1-14 Environment Nuisances Waiver fee ................................................. 14-22 Smoking in places of public access Waiver fee ................................................. 14-167 Fire prevention and protection Fire code Civil penalty; waiver fee ............................. 16-56 Miscellaneous offenses Public indecency Waiver fee ................................................. 20-58 SOUTH BURLINGTON CITY CODE Section CDi:14 DR A F T FINES, FORFEITURES AND OTHER PENAL- TIES (Cont'd.) Weapons Civil penalties ........................................... 20-22 Parks and recreation Conduct in parks Enforcement Waiver fee ............................................... 22-332 Sales Peddlers Enforcement Waiver fee ............................................... 24-79 Signs Enforcement and penalties ............................ 26-7 Streets, sidewalks and other public places ......... 32-67 et seq. See: STREETS, SIDEWALKS AND OTHER PUBLIC PLACES Traffic and vehicles ......................................... 36-329 et seq. See: TRAFFIC AND VEHICLES Utilities ......................................................... 38-574 et seq. See: UTILITIES FIRE DEPARTMENT Fire prevention and protection Fire code Fire department access key vault ................. 16-44 FIRE PREVENTION AND PROTECTION Fire code Appointment of the fire marshal .................... 16-22 Assistant fire marshals ................................. 16-25 Carbon monoxide (CO) detectors .................... 16-34 Civil penalty; waiver fee ................................ 16-56 Compliance with codes required ..................... 16-39 Construction permits and plan review ............ 16-30 CODE INDEX Section CDi:15 DR A F T FIRE PREVENTION AND PROTECTION (Cont'd.) Damage to fire protection systems and equip- ment ...................................................... 16-41 Definitions ................................................... 16-20 Elevators ..................................................... 16-38 Emergency services radio amplification ........... 16-47 Enforcement ................................................. 16-55 Fee schedule ................................................ 16-59 Fees ............................................................ 16-58 Field testing ................................................. 16-48 Fire alarm system malfunctions ..................... 16-40 Fire code adoption by reference ...................... 16-21 Fire department access key vault ................... 16-44 Fire lanes .................................................... 16-50 Fire marshal to be permitted entry into premises 16-27 Fire marshal to make inspections of buildings . 16-26 Inspections ................................................... 16-29 Intentional false alarms ................................ 16-42 Master fire alarm control panel (FACP) key .... 16-43 Occupant load certificate ............................... 16-32 Order to evacuate ......................................... 16-54 Other relief .................................................. 16-57 Outside burning ........................................... 16-51 Powers and duties of the fire marshal ............. 16-23 Purpose and authority ................................... 16-19 Radio coverage in structure and buildings ....... 16-45 Refusal to permit entry ................................. 16-28 Removal of fire hazard .................................. 16-53 Revocation of appointment ............................. 16-24 Reward for information resulting in conviction of persons burning property ...................... 16-52 Smoke detectors ........................................... 16-33 Special events/festivals .................................. 16-49 Sprinkler floor control valves required ............ 16-36 Stairwell identification .................................. 16-37 Standpipes required ...................................... 16-35 Suspension and revocation of permits and stop work orders ............................................. 16-31 SOUTH BURLINGTON CITY CODE Section CDi:16 DR A F T FIRE PREVENTION AND PROTECTION (Cont'd.) Testing ........................................................ 16-46 Parks and recreation Conduct in parks Fires Fires in outdoor fireplaces and grills only ... 22-116 Fires not to be left unattended .................. 22-118 Signs Other requirements General sign requirements Obstruction to doors, windows or fire escapes 26-699 Utilities ......................................................... 38-155 et seq. See: UTILITIES FIREARMS AND WEAPONS Miscellaneous offenses ..................................... 20-19 et seq. See: MISCELLANEOUS OFFENSES Parks and recreation Conduct in parks Conduct Firearms; fireworks .................................. 22-54 FIREWORKS Parks and recreation Conduct in parks Conduct Firearms; fireworks .................................. 22-54 G GASOLINE Signs ............................................................. 26-512 et seq. See: SIGNS CODE INDEX Section CDi:17 DR A F T H HEARINGS Signs Administration Appeals Hearing or order process to appeal action of DRC .................................................. 26-163 HOURS Parks and recreation ....................................... 22-273 et seq. See: PARKS AND RECREATION Utilities Water system Disconnection policy Reconnections requested outside normal working hours .................................... 38-306 HOUSING Signs ............................................................. 26-601 et seq. See: SIGNS Utilities ......................................................... 38-276 et seq. See: UTILITIES I IDENTIFICATION Fire prevention and protection Fire code Stairwell identification ............................... 16-37 Signs Regulations by zoning classification Residential areas Signs identifying dental or medical clinics .. 26-607 Signs identifying residential complexes ...... 26-606 IMPACT FEES Accounting and register of payment .................. 18-5 SOUTH BURLINGTON CITY CODE Section CDi:18 DR A F T IMPACT FEES (Cont'd.) Appeals .......................................................... 18-9 Authority ....................................................... 18-1 Credits for in-kind contributions ....................... 18-8 Enforcement ................................................... 18-10 Establishment of fees ...................................... 18-3 Expenditure restrictions .................................. 18-7 Payment of fees ............................................... 18-4 Purpose .......................................................... 18-2 Refunds .......................................................... 18-6 Tables ............................................................ 18-11 IMPOUNDMENT Animals Dogs and cats Generally .................................................. 6-83 Notice of impoundment and release from impoundment ....................................... 6-84 INCORPORATION AND POWERS Code of ordinances Additions and amendments deemed incorporated in Code ................................................... 1-10 Fire prevention and protection Fire code Powers and duties of the fire marshal .......... 16-23 Utilities ......................................................... 38-209 et seq. See: UTILITIES INDECENCY AND OBSCENITY Miscellaneous offenses ..................................... 20-54 et seq. See: MISCELLANEOUS OFFENSES INDEMNIFICATION Utilities Water system Powers and authority of inspectors .............. 38-210 CODE INDEX Section CDi:19 DR A F T INSPECTIONS Buildings and building regulations ................... 8-84 et seq. See: BUILDINGS AND BUILDING REGULA- TIONS Fire prevention and protection Fire code Fire marshal to make inspections of buildings 16-26 Generally .................................................. 16-29 Utilities ......................................................... 38-209 et seq. See: UTILITIES INSTITUTIONS Utilities Water system Penalties City has right to institute civil action ........ 38-235 INTERFERENCE Sales Peddlers Regulations Parking interference ................................ 24-53 Traffic interference .................................. 24-52 INVESTIGATIONS Animals Dogs and cats Investigation of vicious dogs or cats ............. 6-85 L LANDSCAPING Signs ............................................................. 26-326 et seq. See: SIGNS LIABILITY Buildings and building regulations Electrical installations Liability for damages .................................. 8-21 SOUTH BURLINGTON CITY CODE Section CDi:20 DR A F T LICENSES AND PERMITS Amusements and entertainments Circuses, carnivals and other shows Application for license ................................ 4-22 License fee ................................................ 4-25 Animals Chickens Permit required ......................................... 6-47 Dogs and cats Collar and license ...................................... 6-80 Buildings and building regulations ................... 8-113 et seq. See: BUILDINGS AND BUILDING REGULA- TIONS Fire prevention and protection ......................... 16-27 et seq. See: FIRE PREVENTION AND PROTECTION Parks and recreation ....................................... 22-51 et seq. See: PARKS AND RECREATION Sales .............................................................. 24-22 et seq. See: SALES Signs ............................................................. 26-57 et seq. See: SIGNS Streets, sidewalks and other public places Parades and other public events Permit requirement .................................... 32-61 Utilities ......................................................... 38-104 et seq. See: UTILITIES LIENS Buildings and building regulations Electrical installations Fees Fees pertaining to permits and inspections, and recovery of enforcement costs; assess- ment as lien on real estate .................. 8-140 CODE INDEX Section CDi:21 DR A F T LIENS (Cont'd.) Traffic and vehicles Parking Removal of unlawfully parked motor vehicles Lien on motor vehicle ............................... 36-328 Utilities Water system Rates Lien priority ........................................... 38-278 LIGHTING, LIGHTS Animals Chickens Lighting .................................................... 6-53 Signs ............................................................. 26-259 et seq. See: SIGNS LOADING AND UNLOADING Fire prevention and protection Fire code Occupant load certificate ............................. 16-32 Signs Other requirements General sign requirements Wind pressure and dead load requirements 26-698 LOTS Signs Regulations by sign type Freestanding signs Community garden lots ............................ 26-215 Wall signs Lots containing two structures containing unrelated uses .................................... 26-261 SOUTH BURLINGTON CITY CODE Section CDi:22 DR A F T M MAINTENANCE Signs ............................................................. 26-213 et seq. See: SIGNS Utilities ......................................................... 38-72 et seq. See: UTILITIES MISCELLANEOUS OFFENSES Public indecency Definitions ................................................... 20-55 Enforcement ................................................. 20-57 Other relief .................................................. 20-59 Purpose and authority ................................... 20-54 Unlawful acts prohibited ............................... 20-56 Waiver fee .................................................... 20-58 Weapons Authority ..................................................... 20-25 Civil penalties .............................................. 20-22 Discharging prohibited .................................. 20-19 Enforcement ................................................. 20-21 Exemption ................................................... 20-20 Other relief .................................................. 20-24 Waiver fee .................................................... 20-23 N NOISE Animals Chickens Odor and noise impacts .............................. 6-52 Environment .................................................. 14-50 et seq. See: ENVIRONMENT Sales Peddlers Regulations ............................................... 24-54 CODE INDEX Section CDi:23 DR A F T NONCONFORMITIES Signs ............................................................. 26-88 et seq. See: SIGNS NOTICES, NOTIFICATION Animals Dogs and cats Notice of impoundment and release from impoundment ....................................... 6-84 Buildings and building regulations Electrical installations Inspection Inspection of work; notice of defective work 8-84 Re-inspection; notice of unsafe conditions ... 8-89 Environment Nuisances Excessive noise Notification ............................................. 14-54 Streets, sidewalks and other public places Street naming and addressing Public notice and implementation ................ 32-25 Traffic and vehicles Parking Removal of unlawfully parked motor vehicles Notice of removal ..................................... 36-324 Utilities Water system Penalties Notice of violation; correction .................... 38-236 Use of public water supply system Water quality emergency; notification ........ 38-153 NUISANCES Animals Dogs and cats Disturbances and nuisances ........................ 6-79 SOUTH BURLINGTON CITY CODE Section CDi:24 DR A F T NUISANCES (Cont'd.) Environment .................................................. 14-19 et seq. See: ENVIRONMENT O OBSTRUCTIONS Signs Other requirements General sign requirements Obstruction to doors, windows or fire escapes 26-699 Streets, sidewalks and other public places Trees on public property Obstruction of streets and sidewalks ............ 32-166 Utilities Water system Protection from damage Obstruction of water distribution system prohibited .......................................... 38-181 OFFENSES. See: MISCELLANEOUS OFFENSES OFFICERS AND EMPLOYEES Code of ordinances Responsibility of officers of corporations violat- ing this Code ........................................... 1-15 ORDINANCES, RESOLUTIONS, ETC. Code of ordinances .......................................... 1-1 et seq. See: CODE OF ORDINANCES P PARADES AND PROCESSIONS Streets, sidewalks and other public places ......... 32-60 et seq. See: STREETS, SIDEWALKS AND OTHER PUBLIC PLACES CODE INDEX Section CDi:25 DR A F T PARKING Sales Peddlers Regulations Parking interference ................................ 24-53 Signs Other requirements General sign requirements Use of parked motor vehicles to display signs prohibited .................................. 26-709 Traffic and vehicles ......................................... 36-259 et seq. See: TRAFFIC AND VEHICLES PARKS AND RECREATION Conduct in parks Animals, plants and wildlife Disturbing or causing injury to animal prohibited ............................................. 22-246 Domestic animals prohibited in certain areas; dogs ..................................................... 22-247 Domestic animals within park boundaries .... 22-243 Horseback riding ........................................ 22-244 Picking plants, etc., prohibited .................... 22-245 Camping, boating, fishing, and bathing Bathing and swimming ............................... 22-86 Boating and fishing .................................... 22-85 Overnight camping ..................................... 22-84 Closed areas ................................................. 22-23 Conduct Alcohol forbidden ....................................... 22-53 Disturbing the peace .................................. 22-52 Firearms; fireworks .................................... 22-54 Permit required ......................................... 22-51 Posting unlawful ........................................ 22-50 Smoking prohibited .................................... 22-55 Definitions ................................................... 22-20 SOUTH BURLINGTON CITY CODE Section CDi:26 DR A F T PARKS AND RECREATION (Cont'd.) Enforcement Other relief ............................................... 22-333 Violations .................................................. 22-331 Waiver fee ................................................. 22-332 Fires Fires in outdoor fireplaces and grills only ..... 22-116 Fires not to be left unattended .................... 22-118 Portable stoves ........................................... 22-117 Hours and fees City parks open during hours posted ............ 22-273 Fees .......................................................... 22-275 Towing ...................................................... 22-274 Permit system Application form and contents ..................... 22-301 Application required ................................... 22-300 Approval or denial; appeal .......................... 22-306 Bond ......................................................... 22-305 Conditions ................................................. 22-303 Fee ........................................................... 22-304 Issuance of permit subject to applicant's use and activity .......................................... 22-302 Permit requirement .................................... 22-299 Purpose and authority ................................... 22-19 Recreation path Bicycle racing prohibited ............................. 22-212 Commercial purposes .................................. 22-216 Dogs ......................................................... 22-215 Littering prohibited .................................... 22-217 Pedestrians have right-of-way ...................... 22-213 Rules ........................................................ 22-214 Skateboards and horses prohibited ............... 22-211 Vehicular driving prohibited on city recreation path; exceptions .................................... 22-210 Refuse Glass containers not permitted .................... 22-151 Pollution prohibited .................................... 22-152 Use of receptacles ....................................... 22-150 CODE INDEX Section CDi:27 DR A F T PARKS AND RECREATION (Cont'd.) Risk ............................................................ 22-22 Supervised by city recreation department ....... 22-21 Traffic ATVs and snowmobiles not permitted ........... 22-178 Fee; ticket ................................................. 22-176 Motor vehicles prohibited on foot trails ......... 22-177 Pedestrians have right-of-way on park roads . 22-173 Speed limit ................................................ 22-175 Traffic signs and directions ......................... 22-174 PEDDLERS, CANVASSERS AND SOLICITORS Sales .............................................................. 24-11 et seq. See: SALES PEST CONTROL Animals Chickens Predators, rodents, insects and parasites ...... 6-54 POLLUTION Parks and recreation Conduct in parks Refuse Pollution prohibited ................................. 22-152 POWERS Fire prevention and protection Fire code Powers and duties of the fire marshal .......... 16-23 Utilities ......................................................... 38-209 et seq. See: UTILITIES PROPERTY Fire prevention and protection Fire code Reward for information resulting in convic- tion of persons burning property ............. 16-52 SOUTH BURLINGTON CITY CODE Section CDi:28 DR A F T PROPERTY (Cont'd.) Signs Regulations by use Airport signage Signs on airport property within 20 feet of road rights-of-way ............................... 26-469 Streets, sidewalks and other public places ......... 32-161 et seq. See: STREETS, SIDEWALKS AND OTHER PUBLIC PLACES Traffic and vehicles Miscellaneous regulations Restriction of motor vehicles on school property 36-207 Vehicles restricted on city property .............. 36-206 R REAL ESTATE, REAL PROPERTY Buildings and building regulations Electrical installations Fees Fees pertaining to permits and inspections, and recovery of enforcement costs; assess- ment as lien on real estate .................. 8-140 Signs ............................................................. 26-492 et seq. See: SIGNS RECORDS AND REPORTS Traffic and vehicles Parking Removal of unlawfully parked motor vehicles Record of removed motor vehicles .............. 36-323 RECREATIONAL VEHICLES Parks and recreation Conduct in parks Traffic ATVs and snowmobiles not permitted ........ 22-178 CODE INDEX Section CDi:29 DR A F T REGISTRATION Administration Registration of security alarm systems ........... 12-44 RIGHTS-OF-WAY Parks and recreation Conduct in parks Recreation path Pedestrians have right-of-way ................... 22-213 Traffic Pedestrians have right-of-way on park roads 22-173 Traffic and vehicles Miscellaneous regulations Regulations regarding vulnerable users Yielding right-of-way to pedestrians .......... 36-236 RODENT CONTROL Animals Chickens Predators, rodents, insects and parasites ...... 6-54 S SALES Buildings and building regulations Electrical installations Inspection Sale or occupancy of a structure without certificate of approval .......................... 8-88 Peddlers Definitions ................................................... 24-12 Enforcement City fees for peddlers .................................. 24-81 Other relief ............................................... 24-80 Violations .................................................. 24-78 Waiver fee ................................................. 24-79 Exclusions ................................................... 24-13 Licensing Application form and contents ..................... 24-23 Application review ...................................... 24-24 SOUTH BURLINGTON CITY CODE Section CDi:30 DR A F T SALES (Cont'd.) Extended license for farmers market ............ 24-29 Extended license for traveling peddler .......... 24-28 License fees ............................................... 24-27 License limitations ..................................... 24-26 License required ........................................ 24-22 Seating for farmers market ......................... 24-30 Service of process ....................................... 24-25 Purpose and authority ................................... 24-11 Regulations Compliance with city zoning regulations ....... 24-57 Noise ........................................................ 24-54 Offensive practices ..................................... 24-55 Parking interference ................................... 24-53 Revocation ................................................. 24-51 Signs ........................................................ 24-56 Traffic interference ..................................... 24-52 Signs Regulations by use Establishments selling gasoline Outdoor display of products for sale prohibited; exceptions ......................... 26-517 Taxation ......................................................... 34-19 et seq. See: TAXATION SCHOOLS Traffic and vehicles Miscellaneous regulations Restriction of motor vehicles on school property 36-207 SECURITY Administration Registration of security alarm systems ........... 12-44 Emergency services Security alarm systems Definitions ................................................ 12-20 Findings of fact; purpose and authority ........ 12-19 CODE INDEX Section CDi:31 DR A F T SIGNS Administration Appeals Hearing or order process to appeal action of DRC .................................................... 26-163 Exemptions Business directional signs and sign plazas exempt ................................................. 26-107 Signs exempt from regulations .................... 26-108 Master signage permit Amendment ............................................... 26-87 Application contents ................................... 26-83 Application required ................................... 26-82 Binding effect ............................................ 26-89 Design ...................................................... 26-84 Existing nonconforming signs on properties subject to master signage permits ........... 26-88 Other provisions of master signage permits .. 26-85 Required ................................................... 26-81 Review and approvals ................................. 26-86 Nonconforming signs Compliance required within five years ......... 26-132 Conforming signs to become nonconforming signs; defined ........................................ 26-131 Removal, replacement, or alteration ............. 26-130 Permit Application for sign permit .......................... 26-59 Fees .......................................................... 26-58 Renewal of permits ..................................... 26-61 Required ................................................... 26-57 Revocation of permits ................................. 26-60 Conformity with state law ................................ 26-6 Definitions ..................................................... 26-3 Dorset Street/City Center Sign District boundar- ies and map ............................................... 26-9 Enforcement and penalties ............................... 26-7 SOUTH BURLINGTON CITY CODE Section CDi:32 DR A F T SIGNS (Cont'd.) Environment Nuisances Defacing buildings, structures and signs Unlawful acts .......................................... 14-110 Other requirements General sign requirements Applicability to article ................................ 26-695 Attachment to handrail or fence prohibited ... 26-705 Attachment to utility cabinets prohibited ...... 26-707 Attachment to water supply tanks prohibited 26-706 Design standards for all signs ..................... 26-702 Maintenance .............................................. 26-697 No signs within public road rights-of-way ..... 26-696 Obstruction to doors, windows or fire escapes 26-699 Off-premises signage not permitted .............. 26-708 Pornographic or lewd signs prohibited .......... 26-704 Projecting images ....................................... 26-701 Signs not to constitute traffic hazards .......... 26-700 Use of parked motor vehicles to display signs prohibited ............................................. 26-709 Visibility from limited access facility prohibited 26-703 Wind pressure and dead load requirements .. 26-698 Lighting Dorset Street/City Center Sign District internally illuminated signs ................... 26-736 Fixtures not to include bare bulbs; exception . 26-739 General compliance to use and placement of fixtures ................................................ 26-732 Illumination at night .................................. 26-734 Illumination of flags ................................... 26-737 Integrated neon, LED, fiber optic lighting; exposed neon lighting ............................ 26-738 Luminescent elements to be shielded from direct view ........................................... 26-733 String lighting ........................................... 26-735 CODE INDEX Section CDi:33 DR A F T SIGNS (Cont'd.) Parks and recreation Conduct in parks Traffic Traffic signs and directions ....................... 22-174 Purpose and authority ..................................... 26-2 Regulations by district Dorset street/city center sign district Directory signs ........................................... 26-547 Entry signs ................................................ 26-548 Establishments selling gasoline ................... 26-549 Purpose ..................................................... 26-545 Standards for design review ........................ 26-546 Regulations by sign type Freestanding signs Additional freestanding signs for permitted drive-through establishments ................. 26-221 Additional standards .................................. 26-219 Area of a freestanding sign ......................... 26-217 Community garden lots ............................... 26-215 Dorset Street/City Center Sign District ........ 26-220 Freestanding sign support structures ........... 26-218 General compliance to division .................... 26-212 Maintenance required by owner ................... 26-213 Multi-tenant buildings and multi-building complexes in the R7-NC zoning district ... 26-222 Number of signs per lot .............................. 26-214 Sign location .............................................. 26-216 Landscape features Approval required ...................................... 26-327 Area of cut-out letters, logos, inset signs ....... 26-331 Backlighted letters, cut-out logos, shielded exterior permitted ................................. 26-335 Border area ............................................... 26-333 General compliance .................................... 26-326 Location requirements ................................ 26-328 Maintenance panels .................................... 26-334 Sign not to project above feature .................. 26-330 SOUTH BURLINGTON CITY CODE Section CDi:34 DR A F T SIGNS (Cont'd.) Sign to be permanently attached or set into approved feature ................................... 26-329 Size maximum ........................................... 26-332 Miscellaneous types of signs Animated signs; action signs ....................... 26-363 Banners and pennants ................................ 26-360 Billboard signs ........................................... 26-362 Limited access facility ................................ 26-364 Projecting signs ......................................... 26-361 Raceway signs ........................................... 26-367 Roof signs .................................................. 26-359 Temporary and paper signs ......................... 26-365 Window signs ............................................ 26-366 Perpendicular signs Approval ................................................... 26-296 Building-mounted sign ................................ 26-291 General compliance to division .................... 26-290 Installation ................................................ 26-292 Sign must be structurally correct and safe .... 26-295 Sign not to extend above top of building ....... 26-293 Sign not to extend outside edge of wall; size and area ............................................... 26-294 Wall signs Area of wall signs ....................................... 26-255 Areas of walls using paint, lighting, etc., deemed to be part of wall sign ................ 26-259 Calculation of a storefront area ................... 26-263 General compliance to division .................... 26-253 Lots containing two structures containing unrelated uses ...................................... 26-261 Multi-tenant buildings and multi-building properties ............................................. 26-258 Number of wall signs .................................. 26-254 Table of area of wall signs ........................... 26-262 Wall sign not to project from wall excess of nine inches; raceway signs ..................... 26-260 CODE INDEX Section CDi:35 DR A F T SIGNS (Cont'd.) Wall signs covering wall opening and project- ing over top of wall unlawful .................. 26-257 Wall signs not to project above building without permit in Dorset Street/City Center Sign District ................................................ 26-256 Regulations by use Airport signage Airfield and Air National Guard signage ...... 26-467 Other necessary signage ............................. 26-468 Signs on airport property within 20 feet of road rights-of-way ................................. 26-469 Directory and entryway signs Directory attached to freestanding signs ....... 26-417 Multi-tenant buildings or multi-building structures ............................................. 26-415 One entryway sign next to each public entrance 26-414 Permitted; additional sign ........................... 26-413 Signs attached to walls ............................... 26-416 Establishments selling gasoline Freestanding signs ..................................... 26-515 Outdoor display of products for sale prohibited; exceptions ............................................ 26-517 Signs necessary to operations ...................... 26-514 Signs outside principal building ................... 26-518 Structural canopies .................................... 26-513 Total square footage ................................... 26-516 Wall signs ................................................. 26-512 Incidental and directional signs Directional signs ........................................ 26-449 Incidental signs ......................................... 26-448 Real estate and construction project signs Construction project signs ........................... 26-493 Display of construction project and real estate signs on the same lot ............................. 26-494 Real estate signs ........................................ 26-492 SOUTH BURLINGTON CITY CODE Section CDi:36 DR A F T SIGNS (Cont'd.) Regulations by zoning classification Residential areas Bed and breakfast establishments ............... 26-605 Educational facilities in the Residential 4 and SEQ zoning districts .............................. 26-603 Home occupations ...................................... 26-604 Multi-tenant or multi-building complexes located partially within the R7-NC zoning district ................................................. 26-602 Nonresidential uses in residential zoning districts ................................................ 26-601 Signs identifying dental or medical clinics .... 26-607 Signs identifying residential complexes ........ 26-606 Removal of certain signs .................................. 26-5 Repeal of zoning provisions .............................. 26-8 Sales Peddlers Regulations ............................................... 24-56 Short title ...................................................... 26-1 Streets, sidewalks and other public places Street naming and addressing Street signs ............................................... 32-24 Temporary signs A-frame, sandwich board signs; maximum area 26-635 Applicant not to change permit for duration of permit .................................................... 26-638 Establishments located on parcels of two acres or more ................................................... 26-639 General compliance to article ......................... 26-633 Maximum of 14 days in two-month period ....... 26-636 Maximum of five days in month ..................... 26-637 Nonresidential uses in residential zoning districts 26-640 Reader boards, etc., permitted ........................ 26-634 Traffic and vehicles ......................................... 36-86 et seq. See: TRAFFIC AND VEHICLES Unsafe and unlawful signs ............................... 26-4 CODE INDEX Section CDi:37 DR A F T SMOKING Environment .................................................. 14-162 et seq. See: ENVIRONMENT Parks and recreation Conduct in parks Conduct Smoking prohibited .................................. 22-55 SNOW AND ICE Parks and recreation Conduct in parks Traffic ATVs and snowmobiles not permitted ........ 22-178 SNOWMOBILES Parks and recreation Conduct in parks Traffic ATVs and snowmobiles not permitted ........ 22-178 SOLID WASTE Animals Chickens Waste storage and removal ......................... 6-56 Environment Nuisances Unsafe or unsanitary conditions Improper use of privately controlled waste containers .......................................... 14-83 Utilities Water system Protection from damage Wasteful consumption prohibited ............... 38-184 STORAGE Animals Chickens Waste storage and removal ......................... 6-56 SOUTH BURLINGTON CITY CODE Section CDi:38 DR A F T STREETS, SIDEWALKS AND OTHER PUBLIC PLACES Parades and other public events Application .................................................. 32-62 Approval conditions ...................................... 32-64 Approval standards ....................................... 32-63 Enforcement ................................................. 32-66 Exemption ................................................... 32-65 Other relief .................................................. 32-68 Permit requirement ...................................... 32-61 Purpose and authority ................................... 32-60 Waiver fee .................................................... 32-67 Signs ............................................................. 26-220 et seq. See: SIGNS Street naming and addressing Authority ..................................................... 32-19 Civil penalties .............................................. 32-27 Enforcement ................................................. 32-26 General numbering system guidelines ............ 32-22 Public notice and implementation ................... 32-25 Purpose ....................................................... 32-20 Specific types of properties ............................ 32-23 Street naming .............................................. 32-21 Street signs .................................................. 32-24 Waiver fee .................................................... 32-28 Traffic and vehicles ......................................... 36-25 et seq. See: TRAFFIC AND VEHICLES Trees on public property Appeals ....................................................... 32-168 Dead, diseased, or injured trees on private property .................................................. 32-167 Definitions ................................................... 32-162 Enforcement ................................................. 32-169 Functions of city arborist and city tree board ... 32-163 Obstruction of streets and sidewalks .............. 32-166 Other relief .................................................. 32-171 CODE INDEX Section CDi:39 DR A F T STREETS, SIDEWALKS AND OTHER PUBLIC PLACES (Cont'd.) Protection of city trees .................................. 32-164 Purpose and authority ................................... 32-161 Removal of city trees ..................................... 32-165 Waiver fee .................................................... 32-170 Use of streets, sidewalks and other public places Enforcement ................................................. 32-98 General definitions ....................................... 32-96 Other relief .................................................. 32-100 Private use of public streets, sidewalks, and public spaces ........................................... 32-97 Purpose and authority ................................... 32-95 Waiver fee .................................................... 32-99 T TAXATION Sales, meals, rooms and alcoholic beverages tax Authority ..................................................... 34-19 Imposition of tax .......................................... 34-21 Purpose ....................................................... 34-20 Use of tax .................................................... 34-22 TRAFFIC AND VEHICLES Civil penalties; waiver fee ................................ 36-3 Definitions ..................................................... 36-2 Miscellaneous regulations Regulations regarding vulnerable users Bicycle riders ............................................. 36-235 Due care ................................................... 36-239 Left turns .................................................. 36-240 Motor vehicles unnecessarily close ............... 36-237 Pedestrians to obey traffic control devices ..... 36-234 Throwing objects ........................................ 36-238 Yielding right-of-way to pedestrians ............. 36-236 Restriction of motor vehicles on school property 36-207 Vehicles restricted on city property ................. 36-206 SOUTH BURLINGTON CITY CODE Section CDi:40 DR A F T TRAFFIC AND VEHICLES (Cont'd.) Parking Administration and enforcement Administrative appeal and enforcement of parking tickets ...................................... 36-285 Parking tickets; penalties ............................ 36-284 Definitions ................................................... 36-260 Purpose and authority ................................... 36-259 Regulations Parking prohibitions ................................... 36-304 Unregistered motor vehicles and unattached trailers ................................................. 36-305 Removal of unlawfully parked motor vehicles Appeal of removal ...................................... 36-325 Charges for removal ................................... 36-327 Charges not a penalty ................................. 36-329 Lien on motor vehicle ................................. 36-328 Notice of removal ....................................... 36-324 Record of removed motor vehicles ................ 36-323 Recovery of motor vehicle ............................ 36-326 Removal of vehicles in violation ................... 36-322 Parks and recreation ....................................... 22-173 et seq. See: PARKS AND RECREATION Purpose and authority ..................................... 36-1 Sales Peddlers Regulations Traffic interference .................................. 24-52 Signs ............................................................. 26-700 et seq. See: SIGNS Specific street regulations Flashing signals ........................................... 36-26 Intersections Right turn only intersections ....................... 36-176 One-way streets One-way signs ........................................... 36-146 CODE INDEX Section CDi:41 DR A F T TRAFFIC AND VEHICLES (Cont'd.) Speed regulations Speed limits .............................................. 36-56 Stop intersections Stop signs ................................................. 36-86 Traffic control signals ................................... 36-25 Yield intersections Yield signs ................................................. 36-116 Truck traffic Hadley Road, Meadow Road and Proctor Avenue 36-349 Shunpike Road ............................................. 36-348 Spear Street ................................................. 36-350 Weight limits on city highways ....................... 36-347 TREES AND SHRUBBERY Streets, sidewalks and other public places ......... 32-161 et seq. See: STREETS, SIDEWALKS AND OTHER PUBLIC PLACES TRUCKS AND TRAILERS Traffic and vehicles ......................................... 36-347 et seq. See: TRAFFIC AND VEHICLES U UTILITIES Cross connection control Abbreviations ............................................... 38-598 Administration Backflow device inspector duties .................. 38-655 Backflow device surveyors' duties ................ 38-656 Department documentation ......................... 38-658 Department duties ..................................... 38-653 Exemptions ............................................... 38-657 Fees and enforcement ................................. 38-659 Owner duties ............................................. 38-654 Backflow prevention Backflow device inspection form and details .. 38-690 SOUTH BURLINGTON CITY CODE Section CDi:42 DR A F T UTILITIES (Cont'd.) Approved devices ....................................... 38-677 Assembly installations Approved air gap (AG) ............................. 38-679 Double check valve assembly (DCV) .......... 38-680 Fire protection systems ............................ 38-686 Irrigation systems .................................... 38-684 Pit installations ....................................... 38-687 Pressure vacuum breaker assembly (PVB) .. 38-681 Protective enclosures ............................... 38-688 Reduced pressure principal backflow preven- ters (RPZ) .......................................... 38-678 Residential dual check (DC) ...................... 38-682 Strainers ................................................ 38-685 Vacuum breakers ..................................... 38-683 Facilities and equipment requiring backflow prevention assemblies ............................ 38-689 Definitions ................................................... 38-597 Policy Responsibility ............................................ 38-630 Standards and specifications ....................... 38-632 Water system ............................................. 38-631 Heating and service water heating systems Applicability ................................................. 38-725 Application for certificate of compliance; issu- ance and submission; condition precedent .. 38-730 Appointment of a building inspector ............... 38-727 Certification ................................................. 38-731 Definitions ................................................... 38-724 Enforcement ................................................. 38-732 Other relief .................................................. 38-734 Powers and duties of the building inspector ..... 38-728 Purpose and authority ................................... 38-723 Revocation of appointment ............................. 38-729 Waiver ......................................................... 38-726 Waiver fee .................................................... 38-733 Sanitary sewer and stormwater systems Abbreviations ............................................... 38-321 CODE INDEX Section CDi:43 DR A F T UTILITIES (Cont'd.) Definitions ................................................... 38-320 Inspection and enforcement Administrative enforcement ........................ 38-572 Judicial enforcement .................................. 38-573 Power and authority of inspectors ................ 38-571 Waiver fee ................................................. 38-574 Method for infiltration testing ........................ 38-322 Sanitary sewer system Capacity allocation Final allocation conditions ........................ 38-375 Final capacity allocation ........................... 38-374 Ownership of capacity .............................. 38-371 Preliminary allocation determination ......... 38-373 Reserve capacity allocation ....................... 38-372 Sanitary disposal systems Building sewers and connections ............... 38-353 Private sewage disposal ............................ 38-352 Prohibited discharges into the public sanitary sewer system ...................................... 38-354 Protection from damage ........................... 38-355 Use of public sanitary sewer system required 38-351 Sewage disposal charges, time of payment thereof, and penalties for nonpayment Annual charges, basis .............................. 38-396 Capital costs ........................................... 38-397 Collection ................................................ 38-398 Operation and maintenance ...................... 38-394 Sewer use rates, applicability .................... 38-395 Sinking fund/set-asides for major expenditures ...................................... 38-399 Stormwater system Acceptance or inspection of regulated private systems Exclusively residential regulated private systems ............................................. 38-498 Regulated private systems that are not exclusively residential ......................... 38-499 SOUTH BURLINGTON CITY CODE Section CDi:44 DR A F T UTILITIES (Cont'd.) Applicability .............................................. 38-428 Best management practices ......................... 38-432 Compliance with existing permits ................ 38-430 Introduction .............................................. 38-426 Municipal cost sharing Applicability ............................................ 38-523 Municipal share of stormwater project costs 38-524 Purpose .................................................. 38-522 Protection from damage .............................. 38-433 Purpose ..................................................... 38-427 Required approvals .................................... 38-429 Stormwater system user fees Billing and collection ............................... 38-471 Credit application and approval process ..... 38-467 Education credit ...................................... 38-469 Establishment of ERUs ............................ 38-470 Establishment of stormwater user fees ...... 38-465 Expenditures ........................................... 38-472 NPDES permit credit ............................... 38-468 User fee credits ....................................... 38-466 Stormwater upgrade feasibility analysis (SUFA) Background and introduction .................... 38-546 Combination STP/fee method .................... 38-549 Installation of stormwater treatment practices ............................................ 38-547 Payment of stormwater mitigation fee ....... 38-548 Penalties/enforcement .............................. 38-550 Use of the public stormwater system ............ 38-431 Submission standards ................................... 38-323 Utility service lines Definitions ................................................... 38-19 Enforcement and penalties ............................ 38-22 Purpose ....................................................... 38-20 Utility service installation requirements ......... 38-21 Water system Abbreviations ............................................... 38-49 CODE INDEX Section CDi:45 DR A F T UTILITIES (Cont'd.) Building water service connections Applications .............................................. 38-105 Excavations for building water service connec- tions .................................................... 38-116 Loss or damage to meter or equipment ......... 38-110 Meter test fee ............................................ 38-115 On-site wells .............................................. 38-112 Permit required ......................................... 38-104 Private water systems ................................ 38-111 Seasonal service ......................................... 38-114 Service connection installation .................... 38-107 Service connection requirements .................. 38-106 Testing; defects .......................................... 38-108 Water allocation ......................................... 38-117 Water service maintenance and repair .......... 38-109 Water supply must be protected prior to service connection ............................................ 38-113 Definitions ................................................... 38-48 Disconnection policy Purpose ..................................................... 38-305 Reconnection rates ..................................... 38-307 Reconnections requested outside normal work- ing hours .............................................. 38-306 Extension, modification and maintenance of city and CWD water mains Connecting to Champlain Water District transmission pipelines ........................... 38-79 Constructing, connecting water main requires prior approval ....................................... 38-72 Excavation work requires prior approval ...... 38-75 Maintenance of hydrants ............................ 38-78 Maintenance of water mains ....................... 38-77 Modifications or connections to water main requires prior approval .......................... 38-76 Private water mains and hydrants ............... 38-80 Testing and disinfection of pipeline .............. 38-74 Water main standards and requirements ...... 38-73 SOUTH BURLINGTON CITY CODE Section CDi:46 DR A F T UTILITIES (Cont'd.) Hydrant use permit application ...................... 38-51 Penalties City has right to institute civil action ........... 38-235 Civil penalties; waiver fees .......................... 38-233 Notice of violation; correction ...................... 38-236 Violations .................................................. 38-234 Powers and authority of inspectors Authority to inquire into any processes affect- ing safe, potable water ........................... 38-212 Indemnification .......................................... 38-210 Inspection by superintendent of private proper- ties; entry and subsequent work on ease- ment .................................................... 38-211 Inspection by superintendent of properties; powers and authority; disconnection of service ................................................. 38-209 Protection from damage Contamination of public water supply unlaw- ful ....................................................... 38-182 Obstruction of water distribution system prohibited ............................................. 38-181 Permit required for fire hydrant use ............ 38-183 Repair or replacement costs ........................ 38-180 Tampering with public water system prohibited 38-179 Violation ................................................... 38-185 Wasteful consumption prohibited ................. 38-184 Rates Applicants responsible for payment of bills ... 38-273 Authority to establish rates ......................... 38-266 Final reading ............................................. 38-277 Hydrant use fee ......................................... 38-268 Lien priority .............................................. 38-278 Rate and fee schedule review ....................... 38-275 Residential and service application fee ......... 38-276 Service application, connection and initiation fee ....................................................... 38-267 Shut-off and turn-on fees ............................ 38-270 CODE INDEX Section CDi:47 DR A F T UTILITIES (Cont'd.) Sinking fund .............................................. 38-271 Sprinkler line annual fee ............................ 38-274 Water charge invoice; delinquency ................ 38-272 Water usage fee ......................................... 38-269 Use of public water supply system Auxiliary use ............................................. 38-149 City not responsible for injury, loss, or damage 38-152 Exemption from sewer charges as it relates to pool filling and lawn watering ................ 38-154 Hydrant use; permits .................................. 38-150 Primary use ............................................... 38-148 Private hydrants and fire services ................ 38-155 Water quality emergency; notification ........... 38-153 Water supply in an emergency ..................... 38-151 Water department rates and fees .................... 38-50 W WATER AND SEWERS Animals Chickens Feed and water .......................................... 6-55 Signs Other requirements General sign requirements Attachment to water supply tanks prohibited 26-706 Utilities ......................................................... 38-48 et seq. See: UTILITIES WEIGHTS AND MEASURES Traffic and vehicles Truck traffic Weight limits on city highways .................... 36-347 SOUTH BURLINGTON CITY CODE Section CDi:48 DR A F T Z ZONING Sales Peddlers Regulations Compliance with city zoning regulations .... 24-57 Signs ............................................................. 26-8 et seq. See: SIGNS CODE INDEX Section CDi:49 DR A F T DR A F T 101 Queen City Park Rd, Burlington, VT 05401 | T: 802-540-2468 F: 802-864-5564 6088 VT Route 12, Berlin, VT 05602 | T: 802-223-7287 F: 802-223-6236 375 Lake Road, Suite 5, St. Albans, VT 05478 | T: 802-527-2181 F: 802-527-5302 FY23 Annual Overview    Green Mountain Transit (GMT) operates public transportation services in  Chittenden, Washington, Franklin, Grand Isle, Lamoille and Orange Counties. The  mission of GMT is to promote and operate safe, convenient, accessible, innovative,  and sustainable public transportation services in northwest and central Vermont  that reduce congestion and pollution, encourage transit‐ oriented development,  and enhance the quality of life for all.    Ridership Update: As you can see from the chart below, GMT ridership was impacted  heavily by the COVID‐19 pandemic. While some ridership, specifically LINK Express and local  commuter service, has been slow to rebound, our local ridership is improving. In FY 19, 92%  of our ridership was on local routes while in FY 23 local routes accounted for 96%. With this  shift we have seen historical ridership levels on the Williston and Essex Junction routes this  fall that haven’t been seen since 2012.      Capital Projects in FY23    Capital project work in FY23 primarily focused on the replacement of GMT’s in‐ground lifts,  National Environmental Policy Act (NEPA) activities for a prospective property in Berlin,  101 Queen City Park Rd, Burlington, VT 05401 | T: 802-540-2468 F: 802-864-5564 6088 VT Route 12, Berlin, VT 05602 | T: 802-223-7287 F: 802-223-6236 375 Lake Road, Suite 5, St. Albans, VT 05478 | T: 802-527-2181 F: 802-527-5302 passenger amenity improvement planning, and vehicle purchases. The majority of work in  FY23 involved design and planning activities to support the above referenced projects. GMT  purchased four (4) new bus lifts and completed design documents for associated shop  construction work as part of the lift replacement, with the intent for equipment delivery  and construction work to take place in FY24.     GMT partnered with a civil engineering consultant to perform environmental assessments  and assist with navigating federal environmental compliance regulations as part of GMT’s  efforts to acquire new property for its Berlin area options.     GMT staff collaborated with New Flyer of America on the purchase of five (5) new 40’  Battery Electric Buses as well as planning and design work for associated charging  infrastructure. GMT took delivery of one (1) 35’ transit bus and three (3) minivans in FY23.  GMT staff also ordered an additional six (6) 40’ transit buses and six (6) cutaway buses.  Finally, GMT added capacity to capital projects staff through the hiring of a new Project  Coordinator.        Financial Information:  GMT ended the year with a total operating surplus of roughly $329K and a negative  change in net assets of $1.96M. With an operating deficit of roughly $2.2K and negative  change in net assets of $2.37M on the urban side and a roughly $331K operating  surplus and positive change in net assets of $407.3K on the rural side.       Figure 1    Local, $3,361,876.00 , 20% State, $2,406,929.59 , 14%Federal, $10,672,194.53 , 63% Operating, $496,733.13 , 3% Urban 101 Queen City Park Rd, Burlington, VT 05401 | T: 802-540-2468 F: 802-864-5564 6088 VT Route 12, Berlin, VT 05602 | T: 802-223-7287 F: 802-223-6236 375 Lake Road, Suite 5, St. Albans, VT 05478 | T: 802-527-2181 F: 802-527-5302         The Authority’s funding mix continues to rely heavily on Federal support in both  systems, however this is especially noteworthy for the urban service area where covid‐relief  funds remain and continue to be utilized to several items, such as rising operating costs,  fare‐free service to the public, and as an offset for non‐federal matching dollars. Despite  this current trend, the Authority is expecting these special funds to be extinguished  by FY26, with additional federal and non‐federal funds needed to continue  operating at current service levels.     The rural system has also seen a rise in the share of transit operations being  supported by federal dollars, with several routes reclassed over the past few years  to grants requiring a reduced non‐federal share, such as the Congestion Mitigation  Air Quality program (CMAQ) sponsored by the Federal Transit Administration (FTA).  Demand response program revenues also continue to grow, such as the Authority’s  Medicaid contract with the Department of Vermont Health Access (DVHA), the  relatively new micro‐transit pilot in Washington County (MyRide); and the Older  Persons & Disabled program (O&D). The Authority’s share of its operating costs  supported by rural operating revenues remain at a muted level, largely the result of  fare‐free services continuing for the foreseeable future.      GMT ended FY23 with a total Fund Balance of roughly $2.22M (unaudited). GMT’s Fund  Balance Policy includes a benchmark equal to 2 months of operating expenses. At  the end of FY23, GMT had approximately 1.11 months of fund balance on hand, or  55.5% of its target benchmark.  Local, 597,702.38, 7% State, 607,979.15, 7% Federal, 4,787,872.95, 58% Operating, 216,627.91 , 3% Medicaid, 2,013,641.97, 25% RURAL 180 Market St South Burlington, VT 05403 802-846-4105 February 5, 2024 The following 2024 first, second, and third class liquor licenses, tobacco licenses and outside consumption permits were approved by the South Burlington Liquor Control Board after review by the City tax, fire and police departments: NAME DESCRIPTION 104 Jolley Shelburne Road South Second Class License, Tobacco License & Tobacco Substitute Endorsement 105 Jolley Williston Road Second Class License, Tobacco License & Tobacco Substitute Endorsement 107 Jolley Shelburne Road North Second Class License & Tobacco Substitute Endorsement 146 Shelburne Road Center Jolley Second Class License, Tobacco License & Tobacco Substitute Endorsement Green Mountain Suites Hotel First Class License & Outside Consumption Permit Healthy Living Market Second Class License Jiffy Mart #445 Second Class License & Tobacco License Koto Restaurant First Class License, Third Class License & Outdoor Consumption Permit Red Barn Market Second Class License Zen Gardens First Class License & Third Class License SOUTH BURLINGTON LIQUOR CONTROL BOARD Helen Riehle Meagan Emery Tim Barritt Larry Kupferman Andrew Chalnick