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HomeMy WebLinkAboutAgenda - City Council - 04/01/2024CITY COUNCIL MEETING AGENDA APRIL 1, 2024 Participation Options In Person: 180 Market Street, Main Floor, Auditorium Assistive Listening Service Devices available upon request Electronically: https://meet.goto.com/SouthBurlingtonVT/citycouncilmeeting04-01-2024 You can also dial in using your phone: (646) 749-3122 Access Code: 112-417-749 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.*** Adopt the Local Emergency Management Plan C.*** Approve the forgiveness of the historical VCDP loan and accrued interest for the Queensbury Coop as outlined in the request from Champlain Housing Trust D.*** Approve the grant application to the Northern Border Regional Commission for $1,000,000 to support the Water Tank Project and approve the City Manager as the Authorized Official E.*** Approve the submission of an application to the State of Vermont Municipal Highway Class 2 Grant program for Phase 4 of the Dorset Street paving and authorize the Director of Public works to sign all paperwork 7.*** Approve Resolution # 2024-13 recognizing April as Fair Housing Month – Chris Trombly, Affordable Housing Committee Chair (7:00–7:10 p.m.) 180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4107 | WWW.SOUTHBURLINGTONVT.GOV 8.*** Orientation: Public Works – Tom DiPietro, Public Works Director (7:10–8:10 p.m.) 9.*** Approve Resolution #2024-12 establishing a School Zone and speed limit on Dorset Street – Tom DiPietro, Public Works Director (8:10–8:25 p.m.) 10.*** First Reading of a Drinking Water Ordinance Update and possibly set a Second Reading and Public Hearing for May 20, 2024 at 7:00 – Tom DiPietro, Public Works Director, Colin McNeil, City Attorney (8:25–8:40 p.m.) 11.*** First Reading of an update to the Sign Ordinance and possibly set a Second Reading and Public Hearing for May 6, 2024 at 7:00 – Paul Conner, Planning & Zoning Director, Jared Pellerin, Deputy City Attorney (8:40–8:55 p.m.) 12.*** Consider appointing Council Liaisons to Committees – Jessie Baker, City Manager (8:55- 9:10) 13.*** Convene as the South Burlington Liquor Control Commission to consider: Club 35, First Class Club License; VT Pool and Bar, First Class/Third Class Restaurant/Bar License and Outside Consumption Permit; Sweet G Smoke Shop LLC, Tobacco License/Tobacco Substitute Endorsement; Weird Window Brewing, First Class Restaurant/Bar License and Outside Consumption Permit; Klinger’s Bread Company, Second Class Liquor License; Hana Japanese Restaurant, First/Third Class Restaurant/Bar License; Moose Loyal Oder of Lodge #1618, First Class/Third Class Club License and Outside Consumption Permit; Champlain Farms South Burlington, Second Class Liquor License and Tobacco License/Tobacco, Substitute Endorsement; Champlain Farms Exxon Second Class Liquor License and Tobacco License/Tobacco, Substitute Endorsement; Champlain Farms, Second Class Liquor License and Tobacco License/Tobacco, Substitute Endorsement; Pulcinella’s LLC, First/Third Class Restaurant/Bar License; Black Radish Catering LLC, First/Third Class Restaurant/Bar License - (9:10-9:15 p.m.) 14.Business (9:15–9:25 p.m.) 15.Adjourn (9:25 p.m.) Respectfully submitted: Jessie Baker City Manager ***Attachments included Champlain Water District Check/Voucher Register - Check Report by Fund From 4/2/2024 Through 4/2/2024 Check Date Check Number Vendor Name Invoice Description Check Amount Invoice Number 4/2/2024 4739 E.J. Prescott Hymax Couplings 1,018.77 6300351 4/2/2024 4740 F.W. Webb Company Straight Motor Valves 592.00 84868268-2 4/2/2024 4741 Office Essentials of Vermont Copy Paper 69.39 40045 4/2/2024 4742 State of VT Treasurer Office Staledated Outstanding Check - Unclaimed Property Annual Filing 15.00 UNCLAIMED-032024 Total 70 - South Burlington Water Department 1,695.16 Report Total 1,695.16 70 - South Burlington Water Department SOUTH BURLINGTON CITY COUNCIL Date: 3/28/2024 10:28:28 AM Page: 1 Municipality: _South Burlington________ Date Updated: _February 2024___ Local Emergency Management Plan 1. Emergency Management (EM) planners 2. Municipal Emergency Operations Center (EOC) The EOC is an organization that coordinates information, support, and response across the municipality for Incident Commanders and town officials. Its main functions are to maintain situational awareness for municipal leaders, coordinate resource and information requests, and provide public information. Who, by position, can activate the EOC? Director Preferred EOC Positions and Duties EOC Director Supervises and directs all EOC activities coordinating municipal support and response EOC Call Taker Staffs phones and radio EOC Coordinator Tracks and answers any Requests For Information (RFI) EOC Coordinator Tracks and coordinates any Requests For Support (RFS) Communications Produces and posts public information and press releases Potential EOC Staff Members Name Notes / Contact Information Steve Locke 802-356-1376 Chris Corbin 802-557-7402 Terence Francis 802-363-4656 Shawn Burke 802-846-4176 Sean Briscoe 802-556-4251 Tom DiPietro 802-735-8794 Primary EOC Location Facility / Address: SB-EOC, 104 Landfill Road Phone Numbers: 802-658-7961 Equipment/Notes: Co-located with South Burlington Public Works Alternate EOC Location Facility / Address: SBPD, 19 Gregory Drive Phone Numbers: 802-846-4110 Equipment/Notes: Co-located with South Burlington Police These are the people who wrote and/or maintain this plan. Steven Locke, Fire Chief Christopher Corbin, Deputy Fire Chief 2 3. Resources Use municipal resources, mutual aid agreements, and local purchases first to get resources for response as needed and available. Purchasing agents for emergencies: Martha Machar, Finance Director 802-383-1789 Emergency spending limits: Authorization needed for amounts over $10,000 Businesses with Standing Municipal Contracts Type of Contract Name Contact Info Numerous accounts Contact finance department for vendor list 802-846-4104 Other Local Resources Type of Resources/Skills Name Contact Info State support that is usually at no cost to the municipality: • Vermont Hazardous Material (HAZMAT) Response Team (VHMRT) • Vermont Urban Search and Rescue (USAR, VT-TF1) • Vermont State Police and Special Teams • Community Emergency Response Teams (CERTs) • Swiftwater Rescue Teams • Regional Shelter Support • State government agency expertise / services • Federal response agency expertise State support the municipality will normally eventually have to pay for: • Supplies and equipment (including sandbags) • VTrans Equipment and Personnel • Vermont National Guard Support The State Emergency Operations Center (SEOC, 800-347-0488) will help coordinate any state support teams or other external resources that local responders may need. 3 National Incident Management System (NIMS) Typed Resources* Type I II III IV Other Type I II III IV Other Critical Incident Stress Management Team 1 Hydraulic Excavator, Large Mass Excavation Mobile Communications Center 1 Hydraulic Excavator, Medium Mass Excavation 1 Mobile Communications Unit Hydraulic Excavator, Compact All-Terrain Vehicles Road Sweeper 2 Marine Vessels Snow Blower, Loader Mounted 1 Snowmobile Track Dozer 1 Public Safety Dive Team Track Loader SWAT/Tactical Team Trailer, Equipment Tag-Trailer 1 Firefighting Brush Patrol Engine Trailer, Dump 1 Fire Engine (Pumper) 3 Trailer, Small Equipment 4 Firefighting Crew Transport Truck, On-Road Dump 10 Aerial Apparatus, Fire 1 Truck, Plow 9 7 1 Foam Tender Truck, Sewer Flusher 2 Hand Crew Truck, Tractor Trailer HAZMAT Entry Team Water Pumps, De-Watering 4 Engine Strike Team Water Pumps, Drinking Water Supply - Auxiliary Pump Water Tender (Tanker) Water Pump, Water Distribution Fire Boat Water Pump, Wastewater 1 Aerial Lift - Articulating Boom 1 Water Truck Aerial Lift - Self Propelled, Scissor, Rough Terrain Wheel Dozer Aerial Lift - Telescopic Boom Wheel Loader Backhoe 1 Aerial Lift - Truck Mounted 2 Wheel Loader, Large 1 Air Compressor 1 Wheel Loader, Medium Concrete Cutter/Multi-Processor for Hydraulic Excavator Wheel Loader, Small Electronic Boards, Arrow Wheel Loader, Skid Steer Electronic Boards, Variable Message Signs Wheel Loader, Telescopic Handler Floodlights Wood Chipper 1 Generator 4 Wood Tub Grinder Grader *Information about the NIMS Typed resources can be found at: https://rtlt.preptoolkit.fema.gov *Additional resource information is available on the FEMA Reimbursable Equipment List: https://www.fema.gov/assistance/public/schedule-equipment-rates 4 4. Public Information and Warning During a significant emergency, the Emergency Operations Center (EOC) and Incident Command Posts (ICPs) will coordinate and manage public information, both by producing accurate, timely reports and by tracking what is publicly reported to minimize confusion and help ensure a positive public response. VT-Alert message - State: Other VT-Alert managers: Vermont Emergency Management: 800-347-0488 Important Local Websites / Social Media channels: Front Page Forum, School department notification system, city web site Local Newspaper, Radio, TV: City media distribution list Public Notice locations: Sign boards can be placed at highly visible intersections Vermont 2-1-1 is a United Ways of Vermont system that provides 24x7x365 information and referral services in cooperation with a large number of state and local government and community based entities. 2-1-1 collects and maintains a database of local resource information and is available to take calls from the general public to inform and instruct them in relation to emergency events, and to refer them to the appropriate response and recovery resource, if necessary. To provide information for 2-1-1 Dial 211 or (802) 652-4636 5. Vulnerable Populations If necessary, the EOC may contact organizations and facilities, below, that serve vulnerable populations to identify residents who are at risk based on the emergency. If there are residents at risk or in danger, the EOC should monitor their status and if required coordinate support for them until their situation stabilizes. Name / Notes Contact Info CARE (Citizen Assistance Registration for Emergencies) (Supporting PSAP) Residential Care Homes Allenwood – 90 Allen Road, 115 occupants 802-863-3926 82 Anderson Parkway, 10 occupants 802-859-8863 Gazebo Sr. Living – 1530 Williston Rd, 35 occupants 802-863-2386 East Terrace – 71 East Terrace, 6 occupants 802-660-7500 Pillsbury Manor – 20 Harborview Rd, 70 occupants 802-863-7897 The Residences QH – 465 Quarry Hill, 131 occupants 802-652-4114 Grand Sr. Living – 1510 Williston Rd, 60 occupants 16 Harborview Rd, 60 occupants 802-863-3926 635 Hinesburg Rd, 75 occupants 802-658-5000 5 6. Shelters During some emergencies, the EOC will monitor or coordinate support for residents who are displaced due to property or infrastructure damage. Spontaneous Sheltering • Determine the approximate number of people who need sheltering • Call the State EOC / Watch Officer at 800-347-0488 and request support • Track the status of residents who need shelter until their situation stabilizes Regional Shelter Location / Address: Opening Contact: State EOC, 800-347-0488; American Red Cross, 833-583-3111 Phone Numbers: Primary Local Shelter Location / Address: Tuttle Middle School, 500 Dorset Street Facility Contact(s): Bart Miceli Phone Numbers: 802-338-8698 Shelter Manager: Staff Requirements: Services: X - Warm/Cool X - Overnight X - Food Prep X - Showers Healthcare Notes: ARC Agreement: Yes Capacity: 400 Generator: Yes Pets Allowed: Yes Alternate Local Shelter Location / Address: Chamberlin School, 262 White Street Facility Contact(s): Bart Miceli Phone Numbers: 802-338-8698 Shelter Manager: Staff Requirements: Services: X - Warm/Cool X - Overnight X - Food Prep X - Showers Healthcare Notes: ARC Agreement: Yes Capacity: 400 Generator: Yes Pets Allowed: Yes Alternate Local Shelter Location / Address: Orchard School – 2 Baldwin Avenue Facility Contact(s): Bart Miceli Phone Numbers: 802-338-8698 Shelter Manager: Staff Requirements: Services: X - Warm/Cool X - Overnight X - Food Prep X - Showers Healthcare Notes: ARC Agreement: Yes Capacity: 200 Generator: No Pets Allowed: Yes Alternate Local Shelter Location / Address: Marcotte School – Market Street Facility Contact(s): Bart Miceli 6 Phone Numbers: 802-338-8698 Shelter Manager: Staff Requirements: Services: X - Warm/Cool X - Overnight X - Food Prep X - Showers Healthcare Notes: ARC Agreement: Yes Capacity: 200 Generator: No Pets Allowed: Yes Annexes (Optional, create and letter as needed) See the Vermont Emergency Management (VEM) web site at http://vem.vermont.gov for samples and examples of annexes, such as: forms; delegations of authority; debris plans; incident-specific plans, checklists, and matrices; animal disaster references; etc. Contact Information 7 Position Name Phone numbers - indicate Mobile, Home, Work E-mail Office Cell Home Local Emergency Management Team EMD Steven Locke 802-846-4147 802-356-1376 slocke@southburlingtonvt.gov EM Coordinator Chris Corbin 802-557-7402 ccorbin@southburlingtonvt.gov Local Response Organization Contacts Fire Chief Steven Locke 802-846-4147 802-356-1376 slocke@southburlingtonvt.gov Deputy Fire Chief Chris Corbin 802-846-4153 802-557-7402 ccorbin@southburlingtonvt.gov Fire Marshal Terence Francis 802-363-4656 802-482-2732 tfrancis@southburlingtonvt.gov Chief of Police Shawn Burke 802-846-4176 802-316-0469 sburke@southburlingtonpolice.org Deputy Police Chief Sean Briscoe 802-846-4199 802-556-4251 sbriscoe@southburlingtonpolice.org State Police VSP Williston 802-878-7111 Local Dispatch Center SBPD 802-846-4111 Local Public Works Contacts DPW Director Tom DiPietro 802-658-7961 802-735-8794 tdipietro@southburlingtonvt.gov DPW Deputy Director of Operations Adam Cate 802-658-7961 802-999-7826 acate@southburlingtonvt.gov Drinking Water Utility Jay Nadeau Champlain Water District 802-861-4817 802-497-7195 Jay.nadeau@champlainwater.org Wastewater Utility Bob Fischer 802-658-7964 802-476-2053 bfischer@southburlingtonvt.gov Electric Company Green Mountain Power 888-835-4672 Natural Gas Company Vermont Gas 800-639-8081 Municipal Government Contacts City Manager Jessie Baker 802-846-4107 802-578-8264 jbaker@southburlingtonvt.gov City Council Chair Tim Barritt 802-658-6490 tbarritt@southburlingtonvt.gov City Council Vice-Chair Andrew Chalnick 973-919-2163 achalnick@southburlingtonvt.gov Contact Information 8 Position Name Phone numbers - indicate Mobile, Home, Work E-mailOffice Cell Home Town Clerk Holly Rees 802-846-4119 hrees@southburlingtonvt.gov Finance Director Martha Machar 802-383-1789 mmachar@southburlingtonvt.gov Town Health Officer Terence Francis 802-363-4656 802-482-2732 tfrancis@southburlingtonvt.gov Forest Fire Warden SBFD 802-846-4110 Animal Control Officer SBPD 802-846-4110 School Contact #1 Violet Nichols, Superintendent 802-652-7250 School Contact #2 Bart Miceli 802-652-7250 School Contact #3 Lawrence Francis 802-316-0534 School District Office SB School District 802-652-7250 Other Contacts March 3, 2024 Jessie Baker, City Manager City of South Burlington Dear Jessie - In 1995, South Burlington supported the development of the Queensbury neighborhood by sponsoring a VCDP grant of $87,150 for the 18 affordable apartments that are part of the Queensbury Coop. There’s some conflict within the legal documents, but according to the Mortgage Note the City’s VCDP loan with accrued interest (approximately $25,000) became due on January 31, 2024. These are federal grant funds, but for many years they were structured as loans rather than grants, due to the specific requirement associated with utilizing federal Low-Income Housing Tax Credits (LIHTC). Current practice for VCDP grants for affordable housing projects is that the funds are granted rather than loaned in order to reduce the complication and ongoing reporting. I’m writing to request that the City forgive this loan and accrued interest in order to maintain the ongoing affordability of the Coop. The VCDP program has been encouraging communities to consider forgiving these loans when they become due or when a property has capital needs that require refinancing. The Queensbury Housing Coop has provided resident-controlled, affordable housing in the Chamberlin neighborhood for almost 30 years. Although the property is technically owned by the Queensbury Housing Limited Partnership, the residents of the coop together manage the property, including setting their budget and rents, planning for long-term maintenance needs and filling vacancies. Repaying the VCDP loan would necessitate the coop to raise rents, coinciding with its ongoing efforts to address the maintenance needs of their aging buildings. Thank you for your consideration. Sincerely, Amy Demetrowitz Chief Operating Officer DISCHARGE OF MORTGAGE AND SECURITY AGREEMENT Re: Queensbury Road, South Burlington, Vermont KNOW ALL PERSONS BY THESE PRESENTS that the CITY OF SOUTH BURLINGTON, a municipality located in the County of Chittenden , and State of Vermont, does hereby release and discharge a certain Mortgage and Security Agreement from Queensbury Road Housing Limited Partnership, dated February 28, 1995, recorded in Volume 373, Page 692 of the City of South Burlington Land Records, the same having been fully satisfied. IN WITNESS WHEREOF, the City of South Burlington has caused this instrument to be executed by its duly authorized agent this ___ day of ______________, 2024. IN THE PRESENCE OF: CITY OF SOUTH BURLINGTON _________________________ By: _______________________________ Witness Duly Authorized Agent STATE OF VERMONT COUNTY OF CHITTENDEN At ________________, Vermont, in said County, this ___ day of ____________, 2024, personally appeared _________________________, duly authorized agent for the City of South Burlington and acknowledged this instrument, by him/her sealed and subscribed, to be his/her free act and deed and the free act and deed of the City of South Burlington. Before me, _________________________ Notary Public, My commission Expires 1/31/2025 Commission #: ________________ 104 Landfill Road, South Burlington, VT 05403 www.southburlingtonvt.gov tel 802.658.7961 Page 1 of 14 Match Required? Yes Estimated Project Period End Date 09/30/2027 Estimated Project Period Start Date 08/01/2024 Application Due Date 05/03/2024 Pre-Application Due Date 03/22/2024 Funding Organization Northern Border Regional Commission Budget Type Construction Opportunity Type Competitive Opportunity Title Catalyst Program Spring 2024 Funding Opportunity AN-NBRC-004 Organization Type Local governments (village, town, city, and county) SAM Expiration DateUEI EIN 036002712 Address 180 Market Street South Burlington 05403 USA Applicant Organization City of South Burlington Pre-Application Due Date 03/22/2024 Status Created EGMS ID PR-NBRC-0027 Pre-Application - SoBu Catalyst Program Spring 2024 Overview Applicant Information Opportunity Overview Pre-Application Overview Page 2 of 14 Project Abstract Provide a description of the proposed project. See Program User Manual for additional instructions on completing this section. The proposed project includes construction of a new water storage tank in South Burlington’s high service zone, which covers approximately 2/3 of the City. This service zone is currently served by a single 2.1 Million Gallon (MG) storage tank located on Dorset Street. The current tank is utilized /allocated at 98%, so additional water storage is necessary to meet existing and future demands on the water system. The new tank will be of similar size and capacity as the existing tank and will meet the hydraulic and storage needs of the system for the foreseeable future (50+ years). The scope of the project includes construction of the propsed 2.1 MG water tank and associated piping. Permitting and engineering work for the project began in 2023. The city anticipates that all necessary permitting and engineering work will be complete by September 2024. The project will be ready for construction bid in the winter 2024 and construction will begin in spring 2025. It is anticipated that construction will take 12-18 months. Assuming a construction start date of May 1, 2024, the projet would be completed by November 1, 2026. Construction of this water storage facility will support business development and housing growth in the City for decades to come. It will effectively double the City's water storage capacity within the High Service Area, which includes the majority of the areas planned for future development and growth in the City. The City’s high service zone includes the new South Burlington City Center downtown, Leahy Burlington International Airport and affiliated lands, Technology Park, Tilley Drive (and associated University of Vermont Medical Center (UVMMC) facilities, the Meadowland Business Park, the Ethan Allen Business Park, a new business park included in the recent O'Brien development, and is one of ten statewide Opportunity Zones designated by Governor Scott in 2018. A portion of the Town of Shelburne is also served by the high service area tank located on Dorset Street. Does this application have a co-applicant? No Total Project Amount $5,418,000.00 Funds Requested $1,000,000.00 Title SoBu Catalyst Program Spring 2024 Project Information Page 3 of 14 Project Goals & Outcomes What are the project goals and expected project outcomes and outputs? Explain the anticipated economic outcomes and outputs of the project. See Program User Manual for additional instructions on completing this section. A key project goal of the project is to ensure that the infrastructure needed to support the anticipated employment and housing needs in the core of Chittenden County are met, while ensuring water service sufficient to meet employment, housing, and emergency response needs. Project Outcomes: Employment: The area served by the current, and planned, water tank is home to an estimated 11,639 jobs according to the US Census Bureau [OntheMap for Census Tracts 33.01, 33.04, 36, and 9800). Employment growth and demand for commercial construction in this area has been steady and is expected to continue if infrastructure is in place to support it. The O'Brien development has recently created several lots for mixed use and industrial purposes, space remains at Tecnology Park and Meadowland Business Park, the Airport's Master Plan anticipates additional investment and captial expansion projects, and the City's Tax Increment Finance Plan calls for additional development in the City Center. Businesses Created: As noted above, the current water tank is at 98% of capacity. Effectively, without the additional water tank, no businesses can be created in this area planned for growth. We have been able to accomodate the business growth demands of the past years, which have been strong, including large employers such as OnLogic, Beta, and UVMMC; however future expansions to these businesses and their sucessors will not be possible without the expansion. Costs: Receipt of grant funding will help offset project costs for all drinking water rate payers in South Burlington. Without grant funding it is anticipated that the $5.75M water tank project will raise South Burlington water rates by $4.82 / 1,000 cubic feet of water (an approximate increase of 11% ). Receipt of grant funding in the amount of $1M would reduce this anticipated incresae in water rates by nearly a $1.00 / 1,000 cubic feet. Project Outputs: Capacity: Water Capacity within the High Service Area will be increased by 2.1 Million Gallons. The South Burlington water tank project is considered core infrastructure under the Basic Public Infrastructure category. Page 4 of 14 Statement of Need Project Beneficiaries & Community Context Describe the project beneficiaries including the service area and demographic data. See Program User Manual for additional instructions on completing this section. Construction of the water tank will provide the basic public infrastructure necessary to support continued job growth in South Burlington and Chittenden County Vermont at large. Many of these jobs are high-wage jobs at growing companies and entitities that are already located in South Burlington (Beta, On-Logic,UVMMC, etc). Existing (Meadowlands & Ethan Allen Industrial Parks) and new (O'Brien development) industrial parks in the City will be served by the tank. Importantly, the High Service Area serves the city's burgeoning downtown City Center area. This area has mutliple State of Vermont designations, including being a designated New Town Center, Neighborhood Development Area, and a Tax Increment Finance District; all of which are intended to spur concentrated development. Providing the necessary water infrastructure is a critical element for this area to succeed. This project will help South Burlington withstand disasters in two ways. The increase in water tank capacity will provide additional water for fire fighting activities. All water tanks are required to allocate some minimum volume for fire fighting and the proposed project will result in a significant increase in water available for this purpose. In addition, the additional volume of water stored in the tank will provide additional water for the community if / when the Champlain Water District (CWD) is unable to pump water to the tank. This could result from a disaster, or a more routine issue like pump or pipe failure. In December 2023 a CWD water transmission main experienced a failure that prevented the Dorset Street tank from filling. CWD was able to isolate the break and residents only experienced low water pressure for a short duration. The impact to residents could have been much worse if the break could not be isolated quickly. In the future, additional water stored in the tank will allow water department personnel more time to respond before the system experiences low pressure or even potentially loss of water service. Housing: The area served by the current, and planned, water tank is home to an estimated 13,909 residents according to the US Census Bureau [ACS for Census Tracts 33.01, 33.04, 36, and 9800). The Water Tank expansion will effectively double the water capacity, enabling for capacity for another nearly 14,000 residents For the past four decades, the city has averaged over 110 homes per year added within the High Service Area. This is a pattern that we expect to continue for the foreeable future; the added water tank will enable the continued construction of new housing in this area. Page 5 of 14 Program Investment Priorities Explain how your project aligns with Program Investment Priorities. See Program User Manual for additional instructions on completing this section. THE TEXT IN BOLD IS FOR INFO ONLY AND SHOULD BE REMOVED BEFORE SUBMITTING. Which NBRC Agency Investment Priorities best apply to this project? o Which state program priorities best apply to this project? o Refer to the NBRC Agency Investment Priorities and State Scoring Criteria in the Catalyst Program User Manual. NRBC Investment Priorities: 1.Projects that provide direct benefits to communities that have been underrepresented in past NBRC investments. Priority will be given to projects that demonstrate direct benefits to rural communities with populations of less than 5,000 and underserved What is the challenge or problem the project seeks to address? See Program User Manual for additional instructions on completing this section. The South Burlington water tank project proposes to address the lack of water capacity that currently exists in the City's high service area. Ninety-eight percent of the water in the existing 2.1MG water tank is utliized / allocated. The proposed project would double the amount of water stored in the high service area and be sufficient for growth for the forseeable future (50+ years). This project is critically important to the community and the region. Obtaining funding for the project now ensures that South Burlington will be able to continue providing housing and economic opportunities for the region without interruption. If the water storage volume isn't increased, the City will not be able to issue water allocations to support on-going development. At minimum, this would stall or delay the growth that the City is currently experiencing. A worst case scenario is that private investment and development would look to locations outside of Vermont for expansion and growth. South Burlington residents and business owners have experienced a variety of cost increases over recent years. In addition to increases in municipal and school taxes, residents supported a bond to refurbish the Bartlett Bay Wastewater treatmetn facility (town meeting day 2023). NBRC funding for this project will reduce the anticipated drinking water rate increase necessary to pay for the project by approximately $1.00 / 1,000 cubic feet. This will result in considerable savings for some housing projects (e.g. multi family) and businesses. This project is not seeking a higher maximum infrastructure. Page 6 of 14 communities. NBRC identifies a underserved community as those who suffer from a combination of economic, health and environmental burdens, including high unemployment and poverty, basic resources or conditions, such as standard housing, medical and educational facilities, and civil rights and vulnerable populations, including minority, low income, rural, tribal, indigenous, homeless and limited English-speaking populations. 2. Projects that address multiple needs across eligible infrastructure and non-infrastructure categories. Priority will be given to projects that demonstrate efficiencies gained from including multiple funding categories in one project. 3. Projects that adapt to changing climate conditions and extreme weather events. Priority will be given to projects that demonstrate how they help communities prevent, reduce, withstand, and/or improve recovery from climate related impacts and disasters. Vermont Scoring: 1. Project expands/ supports/ retains Vermont's skilled workforce. (Note: question will not be evaluated solely on quantity of jobs, etc., rather score will be relative to the impact of project size.) Applicant may use a variety of indicators to demonstrate workforce impact. Indicators may include: - training of existing employees/ workforce development - adding jobs/ job opportunities - offering business development - wage growth 2. Project invests in infrastructure that provides long-term community and economic impacts. Applicant should demonstrate how the project may positively affect the State of Vermont infrastructure. Eligible NBRC infrastructure costs may include: - transportation infrastructure - basic public infrastructure - telecommunication infrastructure - renewable and alternative energy investments 3. Project is ready to begin/ Applicant indicates sufficient readiness. Applicant may use a variety of indicators to indicate project readiness and the ability to begin the project. Indicators may include: - project implementation strategy/ plan - clear articulation of a project’s goals and objectives for the funding - progress towards securing match funding - applicant has clear support from community/ has collaborated with community members, development corporations, ACCD/NBRC/DED staff - Vermont-specific permits (including environmental approvals) 4. Is the project located within or directly benefiting an opportunity zone, state designated downtown, or village center? 5. Project is a priority of the region as identified with the input of ACCD, RDC, and RPC partners though the "Regional Project Prioritization Lists". 6. Project supports and contributes to the priority that projects be transformational, attract new businesses or retain existing businesses, be geographically distributed across the state, and encourage capital investment and economic growth. Applicants may use a variety of indicators to indicate transformational impacts. Indicators may include: - regional impacts on workforce Page 7 of 14 development - supply chain improvements - adding stability to local areas with fragile economic conditions - a sector-wide impact that other businesses will be able to benefit from EVERYTHING ABOVE HERE SHOULD BE REMOVED. ANSWER TO QUESTION IS BELOW The City of South Burlington has not previously received NBRC funding. South Burlington serves as an employment center for the region and is looking for funding to construct a water tower that will enable the current growth of businesses and housing to continue at their current pace. Medical facilities like the University of Vermont Medical Center (e.g. Tilley Drive area) and educational institutions like the University of Vermont (e.g. student housing project in South Burlington's new downtown City Center) will benefit from the project. Both are planning expansion within the City's high service area, which will help meet local and regional demands for medical care, housing, and employment. The project will improve South Burlington's disaster preparedness by providing more water for fire fighting activities. It will also increase the amount of water available in the high service area so that connected users are less likely to experience low water pressure or lack of water service during a disaster. The area served by the current, and planned, water tank is home to an estimated 11,639 jobs according to the US Census Bureau [OntheMap for Census Tracts 33.01, 33.04, 36, and 9800). Employment growth and demand for commercial construction in this area has been steady and is expected to continue if infrastructure is in place to support it. The O'Brien development has recently created several lots for mixed use and industrial purposes, space remains at Tecnology Park and Meadowland Business Park, the Airport's Master Plan anticipates additional investment and captial expansion projects, and the City's Tax Increment Finance Plan calls for additional development in the City Center. The proposed project will invest in basic municipal infrastructure that will provides long-term benefits to the community and regional economy. The new water tank will be in place for decades to come and support business and housing expansion in South Burlington over the course of it's useful life. The South Burlington water tank has been under development for years and is ready for investment and construction. The project is currently in final engineering and in the process of obtaining all necessary permits. It is anticipated that the project will be ready for constructino bid in the fall of 2024 and construction can begin in the spring of 2025. On town meeting day 2024 South Burlington voters demonstrated their Page 8 of 14 Does this project benefit an underserved community? NBRC definition of Underserved Community: A community who suffers from a combination of economic, health and environmental burdens, including high unemployment and poverty, basic resources or conditions, such as standard housing, medical and educational facilities, and civil rights and vulnerable populations, including minority, low income, rural, tribal, indigenous, homeless, and limited English-speaking populations. See Appendix H of Catalyst Program User Manual for additional resources on identifying underserved communities in the NBRC region. Does this project serve a rural community with a population of less than 5,000? No Have you previously received NBRC funds? If yes, please provide NBRC grant number. South Burlington has not previously received NBRC funding. strong support for the project. Over 70% of residents voted in favor of a bond for the project. This was at a time when many municipal budget items (those generally related to education spending) did not pass and will be required to re-vote later this year. The area served by this project has mutliple State of Vermont designations, including being a designated New Town Center, Neighborhood Development Area, and a Tax Increment Finance District. All of these designations are intended to spur concentrated development. Providing the necessary water infrastructure is the final critical element for this area to succeed. In addition, the project was ranked #1 on the Chittenden County Regional Project Prioritization List. Businesses and housing development projects are attracted to South Burlington for a variety of reasons. With the exception of water capacity, all other basic infrastructure to support new or expanded business develoment is in place. The city has sufficent wastewater and stormwater capacity to support development and land development regulations have recently been updated to account for anticipated growth and redevelopment. South Burlington is also home to transportation infrastructure including an international airport and easy access to the interstate. In response, the private sector has been making on-going investment in the community. An investment by NBRC will leverage 4:1 in municipal funding for infrastructure. Page 9 of 14 Last Modified Date 03/20/2024 5:47 PM Last Modified By Thomas DiPietro Created Date 03/12/2024 2:51 PM Created By Thomas DiPietro Submitted OnSubmitted ByAcknowledgementI here by certify that the information provided above is accurate and complete. Which of these is most applicable to the applicant organization? Has applied in the past and not been awarded NBRC funds South Burlington serves as an employment center for the region and is looking for funding to construct a water tower that will enable the current growth of businesses and housing to continue at their current pace. Medical facilities like the University of Vermont Medical Center (e.g. Tilley Drive area) and educational institutions like the University of Vermont (e.g. student housing project in South Burlington's new downtown City Center) will benefit from the project. Both are planning expansion within the City's high service area, which will help meet local and regional demands for medical care, housing, and employment. The area served by the current, and planned, water tank is home to an estimated 11,639 jobs according to the US Census Bureau [OntheMap for Census Tracts 33.01, 33.04, 36, and 9800). Employment growth and demand for commercial construction in this area has been steady and is expected to continue if infrastructure is in place to support it. The O'Brien development has recently created several lots for mixed use and industrial purposes, space remains at Tecnology Park and Meadowland Business Park, the Airport's Master Plan anticipates additional investment and captial expansion projects, and the City's Tax Increment Finance Plan calls for additional development in the City Center. The area supports high paying jobs like those created by companies like On Logic and Beta. This growth will also increase jobs in service sectors, providing employment over a range of education levels and abilities. Contacts Project Role Name Email Is Key Contact Is User Project Director/Manager Thomas DiPietro tdipietro@southburlingtonvt.gov true true Acknowledgement System Information Page 10 of 14 Total Project Amount $5,418,000.00 Funds Requested $1,000,000.00 Award Ceiling $3,000,000.00 Award Floor $1.00 Match % 50% County VT - Chittenden State VT Locations Pre-Application Match Budget Budget Summary Budget Periods Budget Period #Start Date End Date BP01 08/01/2024 09/30/2027 Budget Categories Category Name NBRC Share Other Federal Share Applicant Match Other Total Project Cost Construction $1,000,000.00 $0.00 $3,468,000.00 $500,000.00 $4,968,000.00 Consultants $0.00 $0.00 $450,000.00 $0.00 $450,000.00 Contracts and Sub-Grantees $0.00 $0.00 $0.00 $0.00 $0.00 Page 11 of 14 Justification for Project Cost Include a cost-justification for each expense over $5,000 included in the budget table above, otherwise add N/A. The total project cost is estimated to be $5,750,000, but the amount included in this grant application is $5,418,000. Since the project is already substantially developed/designed/permitted, the NBRC grant request is for the construction phase costs only. (i.e.any costs for preliminary engineering, permitting,and final engineering have been removed from the NBRC application). At this time, the City is not proposing to include personnel costs, fringe benefits, travel costs, etc as match for the grant. Construction of the water tank is the largest portion of project costs and estimated to be $4,968,000 (includes construction contingency). The City has already been awareded a $500,000 grant from the Community Recovery and Revitalization Program (CRRP). Construction phase engineering and oversight costs are estimated to be $450,000. Equipment $0.00 $0.00 $0.00 $0.00 $0.00 Fringe Benefits $0.00 $0.00 $0.00 $0.00 $0.00 Indirect Costs $0.00 $0.00 $0.00 $0.00 $0.00 Other Direct Costs $0.00 $0.00 $0.00 $0.00 $0.00 Personnel (Direct Labor)$0.00 $0.00 $0.00 $0.00 $0.00 Supplies and Materials $0.00 $0.00 $0.00 $0.00 $0.00 Travel $0.00 $0.00 $0.00 $0.00 $0.00 Grand Total $1,000,000.00 $0.00 $3,918,000.00 $500,000.00 $5,418,000.00 Budget Narrative Page 12 of 14 Catalyst program applicants are required to utilize a Local Development District (LDD) for grant administration unless they are a department of State government or receive an approved LDD waiver. Is a Local Development District (LDD) waiver being requested? No Please refer to the NBRC’s to determine the designated level of distress per the project’s location. If the project is located in an AttainmentDistress Criteria County and located in an Isolated Area of Distress a significant benefit waiver is required to be submitted with a pre-application. If an applicant or co-applicantnot is located outside of the NBRC service area in a member state with projects that could bring significant economic benefits to distressed or transitional counties a significant benefit waiver is required to be submitted with a pre-application. For additional waiver requirements refer to the Program User Manual. Is a Significant Benefit Waiver required for this project? No Please list all current NBRC awards utilizing the NBRC project number NA Is the applicant and/or co-applicant a prior NBRC award recipient who has expended 75% of project funds? If yes, a 75% Expenditure Waiver may benot required. For additional waiver requirements refer to the Program User Manual. Is a 75% Expenditure Waiver may required? No South Burlington voters approved the City to obtain a bond for this project on town meeting day 2024. Since approval from voters was only obtained a few weeks ago, the city has not yet completed the paperwork necessary to secure a loan for the city share of project costs. However, city staff has been in touch with lenders and does not anticipate any issue obtaining the necessary loan. Work to complete the loan paperwork will take place in summer 2024. Waiver Information Funding Sources and Commitments Funding Source Type of Funding Amount Date of Commitment, Secured/Pending Status Page 13 of 14 City Funds Bond $3,918,000.00 03/05/2024 Voters approved bond on 3/5/24. City still needs to work with bond bank to obtain the loan. NBRC Catalyst Grant Grant $1,000,000.00 03/13/2024 Pending Community Recovery and Revitalization Grant Grant $500,000.00 12/27/2023 Grant obtained. Date provided is the date of the executed grant agreement. Forms and Files Supporting Documents Checklist Description Required Status Template Link Grantee Document Link 75% Prior Investment Waiver Optional Active View Not Applicable LDD Waiver Optional Active View Not Applicable Significant Benefit Waiver Optional Active View Not Applicable Forms Form Name Report Type Mandatory Percentage Last Modified By Last Modified Date Pre-Application Files Title Classification File Extension Description Created Date Notes Page 14 of 14 Title Description Created Date Created By 575 Dorset Street South Burlington, VT 05403 tel 802.658.7961 fax 802.658.7976 www.sburl.com Physical Address: 104 Landfill Road South Burlington Memo To:South Burlington City Council From: Adam Cate, Deputy Director of Operations Cc:Jessie Baker, City Manger Tom Dipietro, Director of Public Works Date: March 28, 2024 Re:Class 2 Highway Paving Grant The South Burlington Department of Public Works is requesting City Council approval for the submission of a State of Vermont Municipal Highway Class 2 paving grant. This grant would fund paving Dorset Street Phase IV, Aspen Drive to Kennedy Drive. Dorsett Street is classified as a Class 2 State Road and is eligible for the grant. The work performed will include milling of existing asphalt surface and replacing it with new asphalt. New road striping will also occur. The City’s estimate for this work is $1,084,136. The Municipal Paving Grant requires a City match of 20%, the grant maximum is $200,000. If the grant is awarded, the City’s share would be $40,000. The City’s approved FY25 budget includes $1,150,000 for paving. These funds would be used to cover the required match. RECOMMENDATION Staff recommends that City Council approve submission of an application to the State of Vermont Municipal Highway Class 2 Grant and authorize the Director of Public works to sign all paperwork. Staff requests City Council to please sign the attached Certificate of Compliance form. BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB 'XO\$XWKRUL]HG$GPLQLVWUDWRU  Certification of Compliance for Town Road and Bridge Standards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¶VURDGDQGEULGJHLQIRUPDWLRQ SOHDVHYLVLWWLQ\XUOFRPUGVLQIR City of South Burlington 7/01 19 ✔ ✔ 2024-13 Department of Public Works City Council Orientation April 1, 2024 DPW Divisions •General Fund •Highway •Parks Maintenance •Mechanics •Enterprise Funds •Drinking Water •Wastewater •Stormwater •DPW Special Funds •Penny for Paths •Open Space FundGeneral Fund (~19% of this is DPW) Drinking Water Stormwater Wastewater Special Funds FY25 City Budget Breakdown South Burlington Department of Public Works Organizational Chart StormwaterForeman Equipment Operator Highway Foreman EquipmentOperator Heavy Mechanic Parks Foreman Director of Public Works Water ResourcesEngineerDeputy Director Of Operations Public Service Specialist Stormwater Project Manager Dep. Director of Capital Projects City Council City Manager Equipment Operator Small Equipment Operator Water Quality Superintendent Chief Operator Lead MechanicPlant Operator Plant Operator Lab Tech PlantOperator Engineering Technician Stormwater Superintendent Public Works Project Manager Water Superintendent SB Water Dept (8) CWD Staff Horticulture Specialist Mechanic Signal Technician Arborist Truck Driver Chief Operator Maintenance Worker Truck Driver Truck Driver Truck Driver Truck Driver Truck Driver TruckDriver Athletic Fields Maintenance Truck Driver Baker DiPietro Cate Cerda-Farias Wheeler Nadeau Quallen Fischer Rorabaugh Gebo Guilmette Jacobs Adams Lambert T. Gregory D. Gregory Various Kershner Mo. Ingalls VACANT McCarthy Devlin B. Morin Lebeau Goddette Noonan Bessette Cota VACANT J. Morin Kennedy Spillane VACANT VACANT New in FY25 Garrison Baillargeon Fortin ShefferWhitaker Brager Goodyear Various South Burlington Infrastructure Overview Public Works Employees:39 Residents in South Burlington: 20,624 City Maintained Water Valves: 2,094 Water Meters: 6,447 Miles of City Maintained Water Pipes: 126.6 City Owned Wastewater Pump Stations: 32 Miles of City Owned Wastewater Force Main: 19.8 Miles of City Owned Wastewater Gravity Pipe: 81 Miles of City Owned Stormwater Piping: 80.1 Miles of City Owned Maintained Road: 87.49 Miles of Sidewalk: 54.5 Miles of Shared Use Path: 24.4 Miles of On-Road Bike Facilities: 15.9 Acres of Parks & Open Space: 367 DPW Building •DPW office is located at 104 Landfill Road •Off Patchen Road next to the CSWD transfer station •Current DPW building / site Improvements •Additional garage bay •Add EV charging stations •New windows •New roof •New HVAC units •Future Building / Site Improvements •Replace salt shed Water Overview of the Water Department •The South Burlington Water Department (SBWD): •Provides safe drinking water to South Burlington residents and businesses •Responds quickly to water emergencies •Provide customer billing services for South Burlington utilities including water, wastewater, and stormwater •The Champlain Water District (CWD) serves as the South Burlington Water Department •Services are completed under contract •CWD Distribution director serves as the SBWD Superintendent •CWD provides water distribution technicians as necessary to operate and maintain the SB system. This includes two office staff, finance director and 7 field technicians. •Project funding •Primarily through rates and fees collected from users •Grant opportunities for water projects are slim, although there are SRF loan possibilities. Recent success with CRRP and opportunity through NBRC hoto here Water Successes & Goals •Near completion of 100% radio read meter reading system •Successful bond vote for an additional water tank on Dorset Street. •On-Going Work: •Identify and reduce water loss •Lead service line inventory •Upgrade of aging water meters •Water asset management and replacement Water Emerging Issues •Update to Water Ordinance •Dorset Street (aka High Service Area) water tank construction and financing. •CWD Director of Distribution Retirement, end of 2024 •Lead and Copper Rule •Includes Lead Service Line Replacement •Aging infrastructure & system growth •Funding for infrastructure upgrades Wastewater Overview of Wastewater Department •Management of two wastewater treatment facilities and 32 pump stations. •Protection of Public Health and the Environment. •NPDES permits compliance. •Eight staff: Operators,Lab Director,Mechanic, Superintendent. •Management of Enterprise fund •Operational budget, CIP, grants, bonds. Wastewater Successes & Goals •Bartlett Bay $34 million refurbishment bondpassed. •Grant Funding •Industrial User Survey (IUS) grant ($199,000) •Security upgrade grant ($66,196) •Potential Loan Forgiveness through CWSRF •Awards •AP/BB NACWA Peak Performance 2022 and 2023 •Bob Fischer APWA NE and National ProfessionalManager of the Year in Water Resources 2022 •Bob Fischer GMWEA Elizabeth Walker 2023 •Will Sheffer GMWEA Operator of the Year 2022 •Recent Initiatives •Improvements to allocation process •Refurbishment of Bartlett Bay WWTF •Pump Station Upgrades Wastewater Emerging Issues •Bartlett Bay Refurbishment •Replacement of Queen City Park Pump Stations •Regulatory changes? •Biosolids management is under a new VTDEC interim strategy starting April 1, 2024. •PFAS Testing •Copper Testing •Budgetary challenges due to rapidly increased chemical, construction, and equipment costs since 2021. Stormwater About the Stormwater Utility •Vermont’s First Stormwater Utility •MS4 Permit Compliance •Flow Restoration Plans and Phosphorus Control Plan •Maintain 93 Stormwater Treatment Practices, 80 miles of drainage pipe,210 outfalls, 3418 structures •Construct Capital Improvement Projects •6 staff: Superintendent, Project Manager, Foreman, Crew •Stormwater Enterprise Fund •Operational, CIP •Funded by user fees and grants •Not part of the general fund Stormwater Successes & Goals •Grant Funding •Obtained $1.2 million in grants in calendar year 2023 •All projects currently in engineering or slated for construction are at least partially funded by state and/or federal dollars •Flow Restoration Plan & Phosphorus Control Plan Implementation •Currently have 22 projects in various stages of design and implementation Stormwater Emerging Issues •Ordinance to be updated to align with new 2023 MS4 Permit requirements •Chloride impaired streams •The City is now required to have a Salt Reduction Plan to reduce municipal road salt use in Chloride impaired watersheds •Vermont's first Chloride TMDL is in approval process, expecting the State to begin work on TMDLs for South Burlington's impaired streams •Implementation of our Flow Restoration Plans Highway & Parks Maintenance About the Highway & Parks Department •Deputy Director of Operations manages a Highway & Parks crew of 16 (1 being added in FY25) and 2 mechanics, with 4 current vacancies. •Maintains all roads, sidewalks, paths, traffic signals, and parks. •Plowing and salting, pothole repair, tree care, sidewalk replacement, traffic signal maintenance, streetlights, and almost anything else you can think of! •Plans for yearly paving projects. •Issue and manage Right-of-Way permits. Highway & Parks Successes & Goals •Continue to be a Statewide leader in reducing salt usage. •Paving Condition Inventory (PCI) completed in 2023 will enable us to make data driven decisions on paving prioritization. •Dorset Street Signal Project nearly complete. •Improved maintenance of ballfields and parks. •Expansion of DPW Facility to include electric charging stations, which will allow fleet vehicles to be replaced with electric vehicles moving forward. Highway & Parks Emerging Issues •Current Initiatives •City acceptance of and or maintenance agreements for the many new neighborhoods coming online throughout the City. •Pedestrian and Bike safety around schools •Phase 4 Paving of Dorset Street (Aspen Drive to Kennedy Drive) •Upcoming regulatory changes for Chloride •Staffing challenges in keeping up with growth •Difficult finding new staff with Commercial Drivers Licenses (CDLs) and many staff are nearing retirement. •Recruitment and competitive compensation needs to be a high priority. •Equipment cost have increased 20-40% in the last 4 years. Open Space About the Open Space Fund •Plan, design, and manage construction of improvements at: •Red Rocks Park •Hubbard Recreation & Natural Area •Wheeler Nature Area •Coordination for conservation easements Citywide •Manage the ½ cent of the Open Space Fund designated for improvements Open Space Successes & Goals •Welcome Silken Kershner! •The conservation easement with Vermont Land Trust on Wheeler Park has been surveyed and is nearing completion •Develop the Open Space and Parks Master Plan with the Recreation & Parks Department Open Space Emerging Issues •Balancing conservation and active recreation throughout the City •Bidding and construction of improvements at Hubbard and Red Rocks Bicycle & Pedestrian About Bike & Ped •Plan, design, and manage construction of shared use paths, sidewalks, crosswalks, and other bike/ped infrastructure. •Work with the Bike/Ped Committee to determine policy and safety priorities within the City and Council work plan. •Funding •New Construction – Penny for Paths, Grants, Impact Fees •Maintenance & Upgrades – Bike/Ped Maintenance Budget Line Bike & Ped Successes & Goals •Transportation Climate Action Implementation Plan was completed in 2023. •New Crosswalks on Kennedy Drive (FY23) and Williston Road (FY24). •Grant funding awarded for Hinesburg Road Shared Use Path. •Restriping City streets to include 10’ travel lanes to add bike lanes.0 200 400 600 800 1000 1200 FY18 FY19 FY20 FY21 FY22 FY23 FY24 FY25 Do l l a r s ( t h o u s a n d s ) P4P Funds Grants Other Sources P4P Ballot Approved Bike & Ped Emerging Issues •Increasing maintenance needs for our existing bike / ped infrastructure. •Funds for sidewalk condition evaluation in FY25 budget •Active Transportation Plan is underway and will outline recommended improvements for years to come. P.S. Spread the word about the online survey! http://tinyurl.com/SBATPSurvey •Data collection for bike / ped users will be a valuable tool we should be leveraging. Questions? 180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4112 | WWW.SOUTHBURLINGTONVT.GOV • • 1 Memorandum To: Tom DiPietro, City of South Burlington From: Stephen Haas, PE, PTOE Date: March 6, 2024 Re: School Zone Speed Limit Study Dorset Street Pavement Rehabilitation Phase IV South Burlington, VT INTRODUCTION Hoyle, Tanner & Associates, Inc. has been retained by the City of South Burlington to evaluate and incorporate pedestrian safety enhancements as part of the Dorset Street Phase IV Repaving project. The review of pedestrian safety includes a school zone speed limit study along Dorset Street near Frederick H. Tuttle Middle School and South Burlington High School. This study includes a review of existing traffic conditions, crash history, and pedestrian use of existing pedestrian facilities. EXISTING CONDITIONS Dorset Street runs north to south through the study area and is classified as a Minor Arterial. South Burlington High School (SBHS) and Frederick H. Tuttle Middle School (FHTMS) are located on the east side of Dorset Street between Kennedy Drive and San Remo Drive. The South Burlington Fire Station is located on the west side of Dorset Street. (See Figure 1 for map of study area.) Dorset Street is a four- lane road with left turn lanes and curbed medians along the center of the road. The travel lanes are 11.5 feet. The shoulders are narrow and approximately a foot wide. The speed limit is 35 mph. A ten-foot-wide shared use path is provided along both sides of Dorset Street. The shared use path is separated from the road by a curb and grassy strip that includes established trees. There are currently two mid-block crosswalks outside South Burlington High School. Three signalized intersections with pedestrian phases and marked crosswalks are within the study area. They are located at Kennedy Drive, the middle school parking lot, and at San Remo Drive. Dorset Street Looking South towards the Fire Station 2 Figure 1 – Study Area South Burlington High School has a U-shaped driveway in front of the school on Dorset Street. This driveway is stop controlled. This driveway is used by parents or guardians dropping off and picking up students before and after school. The driveway is also an access to the parking lot south of the school. The parking lot also has a driveway on Kennedy Drive. The turning movements at that driveway are restricted to right in and right out only. Between the high school and the middle school is a parking lot that is used for pick and drop off as well as by the buses that service the schools. This middle school parking lot driveway has a traffic signal on Dorset Street with crosswalks. TRAFFIC SPEED AND VOLUME Traffic volumes were accessed using the VTrans Transportation Data Management System. VTrans calculates estimated traffic volumes based on statewide average growth rates for the appropriate class of road as well as growth rates of the neighboring road network. The 2022 Annual Average Daily Traffic (AADT) for Dorset Street at San Remo Drive (Location ID D335) was 12,364 vehicles per day. This was grown from a 2016 count. A recent count by the Chittenden County Regional Planning Commission (CCRPC) along the corridor confirms this AADT. The average daily volume for the weeklong count was 12,377 vehicles. Turning Movement Counts were not conducted as part of this school zone speed limit study. The Chittenden County Regional Planning Commission (CCRPC) collected speed data on Dorset Street from May 20-26, 2023. The speed data collected can be found in Appendix A. The 85th percentile speed was 34 mph, which is just under the 35 mph posted speed limit. Over the course of the day, 9.4% of vehicles were travelling at 35 mph or over. It was noted that during the study period, the highest percentage of vehicles travelling in excess of 50 mph (0.57%) occurred from 3:00-4:00 pm. Dorset Street Ke n n e d y D r i v e Fire Station FHTMS SBHS N 3 CRASH DATA Five years of crash data between January 1, 2018 and December 31, 2022 was accessed through the VTrans Public Crash Data Query Tool. A copy of the crash data including a map of crashes along Dorset Street can be found in Appendix B. The available data does not include vehicle direction or turning movements, crash narratives, or causation factors, such as failing to yield or driving too fast for conditions. The crash tool provides limited information on time of day, weather conditions, road surface conditions, crash type, and type of road users involved. According to the VTrans data, there were 32 crashes over the five-year period on Dorset Street between San Remo Drive and Kennedy Drive. Three of those crashes involved injuries. The highest number of crashes occurred at the end of the school day, from 3 pm to 5 pm as shown in Figure 2 below. There is no significant increase in traffic at this time correlating to the increase in crash frequency, as traffic volumes are consistent throughout the afternoon. See Appendix A for traffic volumes throughout the day. Figure 2 – Crashes by Time of Day October had the highest number of crashes per month with eight crashes. The month with the second highest number of crashes was September with five crashes during the five-year period. It is possible that the increase in crashes may correspond to students being back at school. The days of the week with the highest number of crashes were Friday. Thursday and Wednesday. The days of the week with the lowest number of crashes were Sunday and Monday. 4 FIELD OBSERVATIONS A site visit was conducted on Thursday, November 16, 2023 to observe traffic and pedestrian operations and roadway geometry. The site visit occurred between 2:30 and 4:00 pm in order to make observations when students were released at the end of the school day. The following observations were made at the high school: • The school day on that Thursday ended at 3:25 pm. Parents started to queue up in the circulating drive starting at 3:00 pm. Vehicles entered the southern entrance on Dorset Street. The queue backed up to Kennedy Drive, which resulted in some conflicts with vehicles attempting to enter the back of the queue. At the suggestion of a high school staff member, the queue was re-routed through the parking lot. • Many students walking or riding their bikes crossed Dorset Street at the signalized intersection at the middle school driveway. Other students crossed at the northern Rectangular Rapid Flashing Beacon (RRFB) crosswalk in front of the high school. Other students crossed at San Remo Drive • Not all vehicles stopped for the RRFB flashing lights. • Traffic became congested around 3:30 pm with the left southbound lane from the Kennedy Drive traffic signal queued through the middle school driveway. The right lane was often clear of traffic. • Drivers turning left out of the circulating driveway had difficulty finding a gap in traffic to turn left. SCHOOL SPEED ZONE The Frederick H. Tuttle Middle School and South Burlington High School are surrounded by residential neighborhoods. Many students cross Dorset Street on foot or on their bike to and from school, with 6th graders as young as eleven years old. Dorset Street is a busy four lane road. Queues from adjacent signals result in students crossing in between stationary traffic, which makes it difficult for drivers in the adjacent lane to see crossing students. The risk of injury and death resulting in a collision with a car increases with speed. At 32 mph, a pedestrian has a 25% chance of dying from a collision with a car. At 23 mph, the risk of death drops to 10%. For the school zone on Dorset Street, a speed limit of 25 mph is recommended, as recommended in FHWA’s Methods and Practices for Setting Speed Limits. Students Attempting to Cross through Stopped Southbound Traffic 5 According to the Vermont Statues, 19 V.S.A. § 921, “Municipalities shall erect or cause to be erected on all public highways near a school warning signs conforming to the standards of the Manual on Uniform Traffic Control Devices as provided in 23 V.S.A. § 1025.” According to Chapter 7 of the MUTCD, a school speed zone should begin at a location at least 200 feet in advance of the school grounds, a school crossing, or other school-related activities (and should not exceed 500 feet in advance). Section 7B.12 of the 2009 MUTCD provides guidance and installation standards for School Speed Limit Assembly. For southbound Dorset Street drivers, it is recommended that the school speed zone sign be located near Town Square Drive. That is right at the middle school property line and approximately 360 feet from the crosswalk at the middle school driveway. The southern boundary of the high school property is Kennedy Drive. It is recommended that the school speed zone begin just north of Kennedy Drive to capture drivers turning into Kennedy Drive as well as northbound through Dorset Street drivers. It is also recommended that northbound Dorset Street through drivers be warned of the school zone prior to crossing Kennedy Drive. See Figure 3 for recommended locations for signage. Note that signage locations are approximate and exact locations should be determined in the field to maximize visibility. For increased conspicuity, the school speed limit sign can be combined with a vehicle speed feedback plaque and flashing beacons (not shown in Figure 3). This plaque and beacons should only be used when the school speed zone is in effect. Figure 3 – School Speed Zone Signage Layout Tapco BlinkerRadar : Driver Feedback with BlinkerBeacon 6 CONCLUSION AND RECOMMENDATIONS A school speed zone on Dorset Street in the vicinity of the Frederick H. Tuttle Middle School and South Burlington High School would help reduce travel speeds and highlight to drivers the potential presence of pedestrians and bicyclists crossing Dorset Street at the beginning and ending of the school day. Outside of schools where the speed limit is 35 mph, a school speed zone limit of 25 mph is recommended. The time when the school speed zone is active should be determined by the City, with input from the School District, considering the start and end of the school day. It is recommended that school speed zone be active when students are likely to be present (for example 30 minutes before the start of school to 15 minutes after school begins) and should conform to the school’s regular travel patterns and activities. A vehicle feedback sign and flashing beacons is also recommended to improve compliance with the school speed zone. . Appendix A Speed Data Dorset Street NB Speed Data Count Name SOBR32 Start Date 5/20/2023 Start Time 12:00 AM Site Code SOBR32 Station ID SOBR32 Location 1 Counter: CCRPC Location 2 GIS Information 44.454987 -73.179209 Date/Time 0 to 15 >15 to 20 >20 to 25 >25 to 30 >30 to 35 >35 to 40 >40 to 45 >45 to 50 >50 to 55 >55 to 60 >60 to 65 >65 to 70 > 70 5/20/2023 12:00 AM 0 0 1 4 4 0 0 0 0 0 0 0 0 5/20/2023 1:00 AM 0 0 0 2 2 1 1 0 0 0 0 0 0 5/20/2023 2:00 AM 0 0 0 3 1 2 1 0 0 0 0 0 0 5/20/2023 3:00 AM 0 1 0 1 6 2 0 0 0 0 0 0 0 5/20/2023 4:00 AM 0 0 0 4 10 8 1 0 0 0 0 0 0 5/20/2023 5:00 AM 0 1 2 7 24 21 4 1 0 0 0 0 0 5/20/2023 6:00 AM 5 2 3 25 90 45 10 4 0 0 0 0 0 5/20/2023 7:00 AM 4 8 25 101 121 54 7 0 1 0 0 0 1 5/20/2023 8:00 AM 7 3 26 125 155 51 13 0 0 0 0 0 2 5/20/2023 9:00 AM 11 9 28 148 231 65 14 0 0 1 0 0 0 5/20/2023 10:00 AM 8 41 94 161 137 47 5 0 0 0 0 0 0 5/20/2023 11:00 AM 16 41 82 125 146 47 8 0 1 1 0 0 1 5/20/2023 12:00 PM 9 38 92 162 135 33 11 0 0 1 0 0 1 5/20/2023 1:00 PM 19 26 91 136 140 49 2 1 0 0 0 0 0 5/20/2023 2:00 PM 17 29 79 132 119 35 7 1 0 1 0 1 1 5/20/2023 3:00 PM 5 26 65 122 141 56 7 2 0 0 0 0 0 5/20/2023 4:00 PM 6 13 58 83 114 52 6 2 2 0 0 0 0 5/20/2023 5:00 PM 2 22 39 70 93 50 9 1 0 1 2 0 1 5/20/2023 6:00 PM 0 3 24 43 71 32 10 0 0 0 0 0 0 5/20/2023 7:00 PM 1 7 26 55 37 17 2 0 0 0 0 0 0 5/20/2023 8:00 PM 0 1 14 36 26 7 1 0 0 0 0 0 0 5/20/2023 9:00 PM 0 0 15 24 20 10 0 0 0 0 0 0 0 5/20/2023 10:00 PM 0 2 11 13 6 5 1 0 0 0 0 0 0 5/20/2023 11:00 PM 0 0 1 6 6 0 0 0 0 0 0 0 0 5/21/2023 12:00 AM 0 0 3 1 2 1 0 0 0 0 0 0 0 5/21/2023 1:00 AM 0 0 5 4 1 1 0 0 0 0 0 0 0 5/21/2023 2:00 AM 0 0 1 0 4 1 0 0 0 0 0 0 0 5/21/2023 3:00 AM 0 0 3 8 5 2 0 0 0 0 0 0 0 5/21/2023 4:00 AM 0 0 0 10 4 3 0 0 0 0 0 0 0 5/21/2023 5:00 AM 1 0 4 14 10 10 3 0 0 0 0 0 0 5/21/2023 6:00 AM 1 4 1 31 37 15 2 0 0 0 0 0 0 5/21/2023 7:00 AM 1 4 23 38 69 24 1 0 0 0 0 0 1 Page 1 of 5 Dorset Street NB Speed Data 5/21/2023 8:00 AM 5 21 41 77 86 40 7 0 0 0 0 0 0 5/21/2023 9:00 AM 11 32 68 134 121 40 5 1 0 0 0 0 0 5/21/2023 10:00 AM 14 20 75 116 115 37 7 2 0 1 0 0 0 5/21/2023 11:00 AM 23 35 87 145 131 51 3 2 0 0 0 0 0 5/21/2023 12:00 PM 13 39 77 117 139 44 9 1 0 0 0 0 0 5/21/2023 1:00 PM 15 24 67 128 117 42 8 2 0 0 0 0 1 5/21/2023 2:00 PM 8 15 61 127 121 46 7 0 1 0 0 0 0 5/21/2023 3:00 PM 7 18 48 103 112 44 15 0 0 1 0 0 0 5/21/2023 4:00 PM 4 22 76 112 83 24 2 0 0 0 0 0 1 5/21/2023 5:00 PM 0 9 40 59 74 37 3 0 0 0 0 0 0 5/21/2023 6:00 PM 0 8 34 53 58 18 6 1 0 0 0 0 0 5/21/2023 7:00 PM 0 0 17 45 36 12 5 1 0 1 0 0 0 5/21/2023 8:00 PM 2 2 15 16 21 11 0 0 0 0 0 0 0 5/21/2023 9:00 PM 0 1 6 17 17 5 0 0 0 0 0 0 0 5/21/2023 10:00 PM 0 1 4 8 10 6 2 0 0 0 0 0 0 5/21/2023 11:00 PM 0 0 3 2 2 1 0 0 0 0 0 0 0 5/22/2023 12:00 AM 0 0 1 2 2 2 0 0 0 0 0 0 0 5/22/2023 1:00 AM 0 1 3 4 3 2 0 0 0 0 0 0 0 5/22/2023 2:00 AM 0 1 0 1 0 0 0 0 0 0 0 0 0 5/22/2023 3:00 AM 0 1 3 6 3 1 0 1 0 0 0 0 0 5/22/2023 4:00 AM 0 2 4 12 8 4 1 0 0 0 0 0 0 5/22/2023 5:00 AM 0 2 12 29 38 18 3 0 0 0 0 0 0 5/22/2023 6:00 AM 13 31 76 87 72 30 3 1 0 0 0 0 0 5/22/2023 7:00 AM 136 110 151 117 39 5 2 1 0 0 0 0 0 5/22/2023 8:00 AM 20 41 101 120 75 14 2 0 0 0 0 0 0 5/22/2023 9:00 AM 30 50 124 144 74 20 0 0 0 2 0 1 0 5/22/2023 10:00 AM 25 56 148 156 62 16 0 1 0 1 0 0 0 5/22/2023 11:00 AM 54 82 151 140 53 7 2 0 0 0 0 0 0 5/22/2023 12:00 PM 83 74 141 106 38 12 1 0 0 0 0 0 0 5/22/2023 1:00 PM 14 48 131 146 94 17 1 1 3 0 0 0 0 5/22/2023 2:00 PM 89 99 169 133 61 12 3 1 0 0 0 0 0 5/22/2023 3:00 PM 49 74 120 169 76 19 3 2 1 1 0 0 0 5/22/2023 4:00 PM 43 60 119 164 101 35 1 2 0 0 0 0 1 5/22/2023 5:00 PM 18 43 115 150 74 21 3 0 0 0 0 0 0 5/22/2023 6:00 PM 6 20 40 75 68 20 3 0 0 0 0 0 0 5/22/2023 7:00 PM 2 6 24 44 38 10 1 0 0 0 0 0 1 5/22/2023 8:00 PM 2 3 14 28 16 10 0 0 1 0 0 0 0 5/22/2023 9:00 PM 0 0 6 15 10 2 0 2 0 0 0 0 0 5/22/2023 10:00 PM 0 0 2 4 16 5 0 0 0 0 0 0 0 5/22/2023 11:00 PM 0 0 2 5 5 1 1 0 0 0 0 0 0 5/23/2023 12:00 AM 0 1 0 3 1 1 0 0 0 0 0 0 0 Page 2 of 5 Dorset Street NB Speed Data 5/23/2023 1:00 AM 0 0 0 1 1 2 0 0 0 0 0 0 0 5/23/2023 2:00 AM 0 0 1 2 3 0 0 0 0 0 0 0 0 5/23/2023 3:00 AM 0 0 2 3 5 3 1 0 0 0 0 0 0 5/23/2023 4:00 AM 0 1 4 13 16 9 1 0 0 0 0 0 0 5/23/2023 5:00 AM 0 0 21 36 49 22 3 2 0 0 0 0 1 5/23/2023 6:00 AM 21 32 77 111 67 24 4 1 0 0 0 0 0 5/23/2023 7:00 AM 95 86 180 138 72 13 6 0 0 0 0 0 0 5/23/2023 8:00 AM 13 35 95 147 91 18 3 0 0 0 0 0 0 5/23/2023 9:00 AM 59 83 156 111 33 3 0 0 0 0 0 0 0 5/23/2023 10:00 AM 124 141 159 56 5 1 0 0 0 0 0 0 0 5/23/2023 11:00 AM 148 92 99 81 21 6 0 0 0 0 0 0 0 5/23/2023 12:00 PM 17 41 112 174 87 14 2 0 0 0 0 0 0 5/23/2023 1:00 PM 17 49 101 143 85 14 6 0 0 0 0 0 0 5/23/2023 2:00 PM 105 85 118 135 63 19 2 0 0 0 0 1 0 5/23/2023 3:00 PM 31 62 137 155 97 26 3 2 0 0 1 0 0 5/23/2023 4:00 PM 36 58 125 180 87 34 3 2 0 0 0 0 0 5/23/2023 5:00 PM 51 63 115 166 87 16 2 0 0 2 0 0 0 5/23/2023 6:00 PM 5 16 63 113 71 24 1 1 1 1 0 0 0 5/23/2023 7:00 PM 11 28 55 75 51 15 2 2 0 0 0 0 0 5/23/2023 8:00 PM 1 1 20 38 22 6 1 1 1 0 0 0 1 5/23/2023 9:00 PM 0 2 7 21 16 4 1 0 0 0 0 0 0 5/23/2023 10:00 PM 0 0 3 10 9 3 1 0 0 0 0 0 0 5/23/2023 11:00 PM 0 1 3 2 5 0 0 0 0 0 0 0 0 5/24/2023 12:00 AM 0 0 1 1 3 2 0 0 0 0 0 0 0 5/24/2023 1:00 AM 0 0 0 5 1 0 0 0 0 0 0 0 0 5/24/2023 2:00 AM 0 0 2 0 1 0 0 0 0 0 0 0 0 5/24/2023 3:00 AM 0 0 1 5 5 0 0 0 0 0 0 0 0 5/24/2023 4:00 AM 0 1 7 9 18 8 3 1 0 0 0 0 0 5/24/2023 5:00 AM 2 2 18 51 49 22 1 1 1 0 0 0 0 5/24/2023 6:00 AM 13 22 70 100 85 32 4 1 0 0 1 0 0 5/24/2023 7:00 AM 95 78 175 144 70 10 0 0 0 1 0 0 0 5/24/2023 8:00 AM 17 35 96 122 104 21 3 1 1 0 0 0 2 5/24/2023 9:00 AM 14 37 103 146 103 22 2 0 0 0 0 0 0 5/24/2023 10:00 AM 8 31 117 171 134 16 7 0 0 0 0 0 0 5/24/2023 11:00 AM 43 74 108 164 109 30 7 0 0 0 0 0 0 5/24/2023 12:00 PM 18 44 138 122 84 14 2 0 0 1 0 0 0 5/24/2023 1:00 PM 32 77 162 138 49 9 0 0 1 0 0 0 1 5/24/2023 2:00 PM 76 134 154 93 34 4 1 2 0 0 0 0 0 5/24/2023 3:00 PM 19 62 167 136 62 19 0 0 0 1 0 0 0 5/24/2023 4:00 PM 19 83 179 130 44 5 0 1 0 0 1 0 0 5/24/2023 5:00 PM 17 43 117 113 32 8 2 1 0 0 1 0 0 Page 3 of 5 Dorset Street NB Speed Data 5/24/2023 6:00 PM 0 22 44 84 34 5 2 0 0 0 0 0 0 5/24/2023 7:00 PM 5 12 39 48 23 2 0 0 0 0 0 0 0 5/24/2023 8:00 PM 1 9 26 17 16 3 0 0 0 0 0 0 0 5/24/2023 9:00 PM 0 5 16 8 11 3 0 0 0 0 0 0 0 5/24/2023 10:00 PM 0 1 6 15 7 2 0 0 0 0 0 0 0 5/24/2023 11:00 PM 0 2 3 3 3 0 1 0 0 0 0 0 0 5/25/2023 12:00 AM 0 0 2 4 1 0 0 0 0 0 0 0 0 5/25/2023 1:00 AM 0 0 2 3 2 0 1 0 0 0 0 0 0 5/25/2023 2:00 AM 1 0 1 0 1 0 0 0 0 0 0 0 0 5/25/2023 3:00 AM 0 0 5 7 0 2 1 0 0 0 0 0 0 5/25/2023 4:00 AM 0 3 4 15 8 3 1 0 0 0 0 0 0 5/25/2023 5:00 AM 1 7 22 52 20 8 2 0 0 0 0 0 0 5/25/2023 6:00 AM 13 34 104 105 41 12 0 0 0 0 0 0 0 5/25/2023 7:00 AM 150 126 102 51 29 2 0 0 0 0 0 0 1 5/25/2023 8:00 AM 26 62 148 102 38 7 2 0 0 0 0 0 0 5/25/2023 9:00 AM 18 63 165 137 60 9 1 0 1 0 0 0 0 5/25/2023 10:00 AM 53 80 152 122 52 4 1 1 0 1 1 0 0 5/25/2023 11:00 AM 42 75 165 140 47 9 0 0 0 0 0 0 0 5/25/2023 12:00 PM 28 96 198 115 39 2 1 0 0 0 0 0 1 5/25/2023 1:00 PM 30 80 207 109 41 10 1 0 0 0 0 0 0 5/25/2023 2:00 PM 150 109 118 72 30 6 0 0 0 0 0 0 1 5/25/2023 3:00 PM 28 76 184 154 42 13 2 1 1 0 1 0 0 5/25/2023 4:00 PM 44 83 182 125 40 9 3 1 0 0 0 0 2 5/25/2023 5:00 PM 45 119 183 98 41 8 2 0 0 0 0 0 0 5/25/2023 6:00 PM 6 4 83 92 45 4 2 0 1 1 0 0 0 5/25/2023 7:00 PM 13 26 71 64 13 8 0 0 0 0 0 0 0 5/25/2023 8:00 PM 1 4 26 31 16 10 0 0 0 1 0 0 0 5/25/2023 9:00 PM 1 2 10 28 15 2 1 0 0 0 0 0 0 5/25/2023 10:00 PM 1 1 3 20 11 2 0 0 0 0 0 0 0 5/25/2023 11:00 PM 0 1 1 3 7 0 0 0 0 0 0 0 0 5/26/2023 12:00 AM 0 0 1 4 4 2 0 0 0 0 0 0 0 5/26/2023 1:00 AM 0 0 1 1 0 0 0 0 0 0 0 0 0 5/26/2023 2:00 AM 0 1 2 4 2 0 0 0 0 0 0 0 0 5/26/2023 3:00 AM 0 0 3 1 6 2 1 0 0 0 0 0 0 5/26/2023 4:00 AM 0 1 14 21 3 4 1 0 0 0 0 0 0 5/26/2023 5:00 AM 0 7 38 44 23 7 2 1 0 0 0 0 0 5/26/2023 6:00 AM 27 48 97 100 35 5 2 0 0 0 0 0 0 5/26/2023 7:00 AM 22 49 117 120 50 10 0 0 0 0 0 0 1 5/26/2023 8:00 AM 26 102 168 89 40 9 1 0 0 0 0 0 0 5/26/2023 9:00 AM 161 150 168 87 51 22 2 0 1 0 0 0 0 5/26/2023 10:00 AM 21 42 90 157 123 51 1 1 0 1 0 0 0 Page 4 of 5 Dorset Street NB Speed Data 5/26/2023 11:00 AM 19 50 126 164 133 42 7 2 1 0 1 0 0 5/26/2023 12:00 PM 22 45 106 157 124 43 7 0 2 0 0 0 0 5/26/2023 1:00 PM 13 44 95 131 141 56 10 0 0 0 0 1 0 5/26/2023 2:00 PM 61 85 141 125 100 27 3 1 1 1 0 0 1 5/26/2023 3:00 PM 7 35 67 126 144 51 11 0 2 0 0 0 0 5/26/2023 4:00 PM 6 26 74 120 104 42 9 1 0 0 0 0 0 5/26/2023 5:00 PM 6 13 53 85 118 35 5 0 0 0 0 0 0 5/26/2023 6:00 PM 4 8 28 55 71 29 5 0 0 0 0 0 1 5/26/2023 7:00 PM 3 4 34 68 38 21 4 0 0 0 0 0 0 5/26/2023 8:00 PM 0 3 18 26 37 14 6 2 0 0 0 0 0 5/26/2023 9:00 PM 0 1 4 8 26 10 4 2 0 0 0 0 0 5/26/2023 10:00 PM 0 0 0 9 8 4 0 0 0 0 0 0 0 5/26/2023 11:00 PM 0 1 1 3 4 1 0 0 0 0 0 0 0 Page 5 of 5 Dorset Street Southbound Speed Data Count Name SOBR32 Start Date 5/20/2023 Start Time 12:00 AM Site Code SOBR32 Station ID SOBR32 Location 1 Counter: CCRPC Location 2 GIS Information 44.454987 -73.179209 Date/Time 0 to 15 >15 to 20 >20 to 25 >25 to 30 >30 to 35 >35 to 40 >40 to 45 >45 to 50 >50 to 55 >55 to 60 >60 to 65 >65 to 70 > 70 5/20/2023 12:00 AM 0 0 0 3 8 0 1 0 0 0 0 0 0 5/20/2023 1:00 AM 0 0 0 4 5 3 1 1 1 0 0 0 0 5/20/2023 2:00 AM 0 0 0 2 2 3 2 0 0 0 0 0 0 5/20/2023 3:00 AM 0 1 2 1 1 1 0 0 0 0 0 0 0 5/20/2023 4:00 AM 0 0 0 2 5 4 0 0 0 0 0 0 0 5/20/2023 5:00 AM 0 0 0 2 5 4 3 0 0 0 0 0 0 5/20/2023 6:00 AM 0 0 2 3 9 9 7 1 0 0 0 0 0 5/20/2023 7:00 AM 3 6 3 11 35 33 9 1 0 0 0 0 0 5/20/2023 8:00 AM 4 1 8 48 97 59 12 4 0 0 0 1 0 5/20/2023 9:00 AM 2 11 11 97 149 60 12 1 0 0 0 0 2 5/20/2023 10:00 AM 2 4 20 83 197 99 18 1 0 0 0 0 0 5/20/2023 11:00 AM 1 0 28 221 231 72 13 0 0 0 1 1 2 5/20/2023 12:00 PM 1 2 35 220 255 61 10 1 0 1 0 1 1 5/20/2023 1:00 PM 1 9 41 211 221 75 14 0 0 0 1 0 3 5/20/2023 2:00 PM 1 0 37 238 198 79 8 2 1 0 0 0 0 5/20/2023 3:00 PM 4 3 35 207 217 74 9 0 1 0 0 0 2 5/20/2023 4:00 PM 6 0 15 143 197 81 12 2 0 0 0 0 1 5/20/2023 5:00 PM 0 0 34 137 197 70 13 1 0 0 0 0 0 5/20/2023 6:00 PM 0 1 14 115 150 74 9 1 0 0 0 0 0 5/20/2023 7:00 PM 0 1 12 82 94 45 9 1 1 0 0 0 0 5/20/2023 8:00 PM 1 0 16 55 67 25 10 1 1 1 0 0 0 5/20/2023 9:00 PM 0 1 5 26 48 26 9 1 0 0 0 0 0 5/20/2023 10:00 PM 0 1 4 23 34 28 4 0 0 0 0 0 0 5/20/2023 11:00 PM 1 0 3 23 21 9 0 0 0 0 0 0 0 5/21/2023 12:00 AM 0 0 0 7 12 7 1 0 0 0 0 0 0 5/21/2023 1:00 AM 0 0 0 2 9 2 1 0 0 0 0 0 0 5/21/2023 2:00 AM 0 0 1 3 2 3 0 0 0 0 0 0 0 5/21/2023 3:00 AM 1 0 1 4 4 1 0 0 0 0 0 0 0 5/21/2023 4:00 AM 0 0 0 1 3 4 0 0 0 0 0 0 0 5/21/2023 5:00 AM 0 0 0 0 6 2 0 0 0 0 0 0 0 5/21/2023 6:00 AM 0 0 0 1 11 3 1 1 0 0 0 0 0 5/21/2023 7:00 AM 0 1 1 5 24 24 5 3 0 0 0 0 0 Page 1 of5 Dorset Street Southbound Speed Data 5/21/2023 8:00 AM 0 1 8 29 59 36 6 1 0 0 0 0 0 5/21/2023 9:00 AM 0 1 10 67 104 47 8 1 0 0 0 0 0 5/21/2023 10:00 AM 1 1 17 114 120 63 11 4 0 0 0 0 0 5/21/2023 11:00 AM 0 2 24 93 187 97 12 2 0 0 0 0 0 5/21/2023 12:00 PM 3 3 22 160 173 78 14 1 0 0 0 0 0 5/21/2023 1:00 PM 1 2 20 169 217 102 15 2 0 0 0 0 0 5/21/2023 2:00 PM 6 5 22 160 206 98 17 2 0 0 0 1 0 5/21/2023 3:00 PM 1 0 29 178 218 65 12 1 0 2 0 0 0 5/21/2023 4:00 PM 0 1 15 120 210 65 16 1 0 0 0 0 0 5/21/2023 5:00 PM 1 3 37 173 156 56 5 0 1 1 0 0 1 5/21/2023 6:00 PM 1 4 21 124 95 44 3 1 0 1 0 0 1 5/21/2023 7:00 PM 1 2 24 85 67 32 3 0 0 0 1 0 1 5/21/2023 8:00 PM 2 0 9 44 41 20 2 1 1 1 0 0 1 5/21/2023 9:00 PM 0 0 6 44 24 9 1 1 0 0 0 0 0 5/21/2023 10:00 PM 0 0 2 19 15 10 0 1 0 0 0 0 0 5/21/2023 11:00 PM 0 0 1 21 10 3 0 1 0 0 0 0 0 5/22/2023 12:00 AM 1 1 4 1 2 2 0 0 0 0 0 0 0 5/22/2023 1:00 AM 1 0 0 4 0 1 0 0 0 0 0 0 0 5/22/2023 2:00 AM 0 0 5 2 0 0 0 0 0 0 0 0 0 5/22/2023 3:00 AM 1 0 0 7 0 1 0 0 0 0 0 0 0 5/22/2023 4:00 AM 0 0 2 6 2 0 0 0 0 0 0 0 0 5/22/2023 5:00 AM 1 1 2 14 16 9 0 0 0 0 0 0 0 5/22/2023 6:00 AM 1 1 8 33 37 15 8 0 0 0 0 0 0 5/22/2023 7:00 AM 4 6 41 115 75 29 4 3 0 0 0 0 0 5/22/2023 8:00 AM 6 15 74 243 77 20 5 0 0 0 0 0 2 5/22/2023 9:00 AM 2 3 39 163 84 19 1 1 0 0 0 1 0 5/22/2023 10:00 AM 5 11 136 238 77 2 2 0 0 0 0 0 1 5/22/2023 11:00 AM 7 6 131 275 81 14 1 1 0 0 0 0 0 5/22/2023 12:00 PM 9 9 101 287 107 24 5 1 0 0 2 0 3 5/22/2023 1:00 PM 6 5 83 230 123 19 2 1 1 1 0 0 1 5/22/2023 2:00 PM 14 10 78 273 116 18 2 0 0 0 0 0 1 5/22/2023 3:00 PM 70 56 172 280 74 17 2 1 0 3 0 0 2 5/22/2023 4:00 PM 20 12 125 276 98 19 4 0 1 0 1 0 0 5/22/2023 5:00 PM 13 7 155 306 147 21 4 0 0 1 0 0 3 5/22/2023 6:00 PM 3 10 66 274 133 24 5 1 1 0 0 0 1 5/22/2023 7:00 PM 3 10 65 202 92 22 2 0 1 0 0 0 0 5/22/2023 8:00 PM 2 3 34 101 45 15 5 1 0 0 0 0 0 5/22/2023 9:00 PM 0 2 13 40 36 4 4 1 0 0 0 0 0 5/22/2023 10:00 PM 3 1 6 14 17 4 3 0 0 0 0 0 0 5/22/2023 11:00 PM 0 0 3 3 9 3 0 0 1 0 0 0 0 5/23/2023 12:00 AM 1 0 1 2 4 0 0 0 0 0 0 0 0 Page 2 of5 Dorset Street Southbound Speed Data 5/23/2023 1:00 AM 0 0 1 0 2 2 3 0 0 0 0 0 0 5/23/2023 2:00 AM 0 0 0 0 0 1 0 0 0 0 0 0 0 5/23/2023 3:00 AM 0 0 0 4 1 2 0 0 0 0 0 0 0 5/23/2023 4:00 AM 0 0 0 5 5 4 0 0 0 0 0 0 0 5/23/2023 5:00 AM 0 0 1 18 18 11 1 0 1 0 0 0 0 5/23/2023 6:00 AM 5 1 12 35 41 11 3 0 0 1 0 0 0 5/23/2023 7:00 AM 4 6 30 128 89 29 3 0 0 0 0 0 1 5/23/2023 8:00 AM 16 31 89 214 102 20 1 0 0 1 0 0 3 5/23/2023 9:00 AM 8 3 54 188 89 20 3 0 0 1 0 0 2 5/23/2023 10:00 AM 23 23 84 199 104 14 3 1 0 0 1 0 0 5/23/2023 11:00 AM 11 5 59 196 125 28 7 2 1 0 0 2 3 5/23/2023 12:00 PM 6 7 99 252 120 23 5 0 0 0 0 0 1 5/23/2023 1:00 PM 40 39 116 157 78 19 0 2 0 0 0 0 0 5/23/2023 2:00 PM 1 10 127 219 77 17 5 1 0 0 0 1 1 5/23/2023 3:00 PM 119 75 154 188 67 10 4 1 1 1 0 0 4 5/23/2023 4:00 PM 4 8 138 317 128 33 0 1 0 0 1 0 0 5/23/2023 5:00 PM 28 31 154 296 98 14 2 3 0 1 0 0 1 5/23/2023 6:00 PM 8 8 97 261 94 24 6 0 0 0 0 0 1 5/23/2023 7:00 PM 8 12 72 156 91 21 3 1 2 0 0 0 1 5/23/2023 8:00 PM 0 7 88 226 75 21 2 0 0 0 1 0 0 5/23/2023 9:00 PM 4 2 30 71 36 17 2 0 0 0 0 0 0 5/23/2023 10:00 PM 0 2 4 27 17 13 1 0 0 0 0 0 0 5/23/2023 11:00 PM 0 0 4 16 9 9 2 0 0 0 0 0 0 5/24/2023 12:00 AM 0 0 1 4 6 3 0 0 0 0 0 0 0 5/24/2023 1:00 AM 0 0 0 2 2 0 0 0 0 0 0 0 0 5/24/2023 2:00 AM 1 0 1 1 1 2 0 0 0 0 0 0 0 5/24/2023 3:00 AM 0 0 4 4 2 2 0 0 0 0 0 0 0 5/24/2023 4:00 AM 1 0 2 3 1 2 0 1 0 0 0 0 0 5/24/2023 5:00 AM 0 0 1 18 20 17 5 2 0 0 0 0 0 5/24/2023 6:00 AM 0 2 10 34 40 11 3 0 0 0 0 0 0 5/24/2023 7:00 AM 10 6 31 116 82 26 4 0 0 0 0 0 0 5/24/2023 8:00 AM 26 13 120 223 79 14 0 2 1 0 0 0 1 5/24/2023 9:00 AM 7 5 74 173 77 13 3 0 0 1 0 2 0 5/24/2023 10:00 AM 10 23 84 177 133 29 4 1 0 0 0 0 0 5/24/2023 11:00 AM 15 7 53 230 166 48 0 3 1 0 0 1 1 5/24/2023 12:00 PM 8 8 56 258 144 41 8 0 0 2 0 1 0 5/24/2023 1:00 PM 5 11 63 223 182 27 4 0 0 1 0 0 1 5/24/2023 2:00 PM 4 8 85 249 114 25 3 1 0 0 0 0 1 5/24/2023 3:00 PM 103 76 189 235 62 12 0 0 2 0 1 1 2 5/24/2023 4:00 PM 4 12 93 255 152 32 6 1 2 0 0 0 0 5/24/2023 5:00 PM 14 15 67 305 150 28 3 0 0 0 0 1 2 Page 3 of5 Dorset Street Southbound Speed Data 5/24/2023 6:00 PM 4 1 38 176 156 38 3 2 0 1 0 0 1 5/24/2023 7:00 PM 0 2 27 144 81 28 3 0 0 0 0 1 0 5/24/2023 8:00 PM 0 0 20 82 86 21 3 0 0 0 0 0 0 5/24/2023 9:00 PM 4 4 17 30 32 10 6 0 0 0 0 0 0 5/24/2023 10:00 PM 2 0 3 17 13 8 0 0 0 0 0 0 0 5/24/2023 11:00 PM 0 1 4 7 17 6 3 0 0 0 0 0 0 5/25/2023 12:00 AM 0 0 0 1 2 4 2 0 0 0 0 0 0 5/25/2023 1:00 AM 0 0 0 1 0 3 0 0 0 0 0 0 0 5/25/2023 2:00 AM 0 0 1 1 3 1 0 0 0 0 0 0 0 5/25/2023 3:00 AM 0 0 1 1 1 0 0 2 0 0 0 0 0 5/25/2023 4:00 AM 1 1 0 2 4 3 2 0 0 0 0 0 0 5/25/2023 5:00 AM 1 0 2 16 16 12 3 1 1 1 0 0 0 5/25/2023 6:00 AM 1 3 8 25 33 18 2 1 0 0 0 0 0 5/25/2023 7:00 AM 5 8 23 105 89 29 9 3 1 0 0 1 1 5/25/2023 8:00 AM 13 22 66 216 130 23 9 0 1 0 0 1 1 5/25/2023 9:00 AM 13 13 41 146 112 20 4 0 1 1 1 0 1 5/25/2023 10:00 AM 6 8 52 206 139 33 5 0 1 1 0 0 0 5/25/2023 11:00 AM 11 5 51 206 165 27 2 0 0 0 0 0 1 5/25/2023 12:00 PM 38 87 157 152 74 9 1 1 0 1 0 0 0 5/25/2023 1:00 PM 105 111 132 72 28 4 2 2 0 0 0 0 2 5/25/2023 2:00 PM 9 9 69 242 140 25 2 0 1 1 0 0 0 5/25/2023 3:00 PM 129 123 121 179 76 25 1 2 0 3 0 1 6 5/25/2023 4:00 PM 6 11 81 288 178 27 3 1 0 0 0 0 2 5/25/2023 5:00 PM 13 18 77 290 190 27 5 1 1 0 0 0 0 5/25/2023 6:00 PM 6 3 56 233 140 32 5 2 0 0 0 0 0 5/25/2023 7:00 PM 2 6 31 151 138 35 1 1 0 1 0 1 0 5/25/2023 8:00 PM 4 6 77 184 104 14 1 0 0 0 0 0 0 5/25/2023 9:00 PM 0 0 9 50 55 22 5 0 0 0 0 0 0 5/25/2023 10:00 PM 0 1 0 24 22 11 1 2 0 0 0 0 0 5/25/2023 11:00 PM 0 0 0 7 25 9 1 1 0 0 0 0 0 5/26/2023 12:00 AM 0 0 1 4 12 3 2 0 0 0 0 0 0 5/26/2023 1:00 AM 0 0 0 0 6 3 0 0 0 0 0 0 0 5/26/2023 2:00 AM 0 0 0 0 2 2 0 0 0 0 0 0 0 5/26/2023 3:00 AM 0 0 1 3 2 0 0 0 0 0 0 0 0 5/26/2023 4:00 AM 0 1 2 3 2 1 1 0 0 0 0 0 0 5/26/2023 5:00 AM 1 2 3 9 14 14 3 1 0 0 0 0 0 5/26/2023 6:00 AM 1 3 11 25 34 25 5 1 1 0 0 0 1 5/26/2023 7:00 AM 5 6 25 101 110 26 5 0 0 0 0 0 0 5/26/2023 8:00 AM 2 1 34 146 113 36 10 1 0 0 0 1 1 5/26/2023 9:00 AM 4 3 31 137 144 33 6 0 1 0 2 0 1 5/26/2023 10:00 AM 18 37 138 226 133 21 8 1 1 0 1 0 3 Page 4 of5 Dorset Street Southbound Speed Data 5/26/2023 11:00 AM 0 9 53 233 207 41 11 2 0 1 0 0 0 5/26/2023 12:00 PM 0 1 51 244 174 47 9 0 2 1 0 1 1 5/26/2023 1:00 PM 6 8 83 232 196 53 5 1 1 0 1 1 2 5/26/2023 2:00 PM 4 5 53 264 206 37 7 2 0 1 0 0 0 5/26/2023 3:00 PM 74 62 117 306 138 32 2 0 0 0 1 0 2 5/26/2023 4:00 PM 5 4 56 278 225 43 5 1 0 0 1 0 1 5/26/2023 5:00 PM 1 3 20 213 209 49 8 1 0 1 0 0 1 5/26/2023 6:00 PM 2 5 26 138 156 51 8 2 1 0 1 0 0 5/26/2023 7:00 PM 0 0 14 64 139 40 10 2 0 0 1 0 0 5/26/2023 8:00 PM 0 0 5 73 99 28 4 2 0 0 0 0 0 5/26/2023 9:00 PM 0 1 5 36 50 13 7 0 1 0 0 0 0 5/26/2023 10:00 PM 0 0 1 31 52 14 3 1 0 0 0 0 0 5/26/2023 11:00 PM 1 0 1 11 17 15 4 1 0 0 0 0 0 Page 5 of5 Dorset Street Speed Data Summary Count Name SOBR32 Start Date 5/20/2023 End Date 5/26/2023 Start Time 12:00 AM End Time 11:00 PM Site Code SOBR32 Station ID SOBR32 Location 1 Counter: CCRPC Location 2 GIS Information 44.454987 -73.179209 30 35 Date/Time 0 to 15 >15 to 20 >20 to 25 >25 to 30 >30 to 35 >35 to 40 >40 to 45 >45 to 50 >50 to 55 >55 to 60 >60 to 65 >65 to 70 > 70 5/20/2023 12:00 AM 2 2 16 41 63 27 6 0 0 0 0 0 0 5/20/2023 1:00 AM 1 1 12 33 34 20 7 1 1 0 0 0 0 5/20/2023 2:00 AM 2 2 15 19 22 15 3 0 0 0 0 0 0 5/20/2023 3:00 AM 2 3 26 55 41 19 3 3 0 0 0 0 0 5/20/2023 4:00 AM 2 10 39 106 89 57 11 2 0 0 0 0 0 5/20/2023 5:00 AM 7 22 126 310 308 177 33 9 3 1 0 0 1 5/20/2023 6:00 AM 101 183 479 715 632 255 54 11 1 1 1 0 1 5/20/2023 7:00 AM 534 500 927 1290 954 314 55 11 2 1 0 1 6 5/20/2023 8:00 AM 181 383 1074 1901 1246 368 74 9 3 1 0 3 12 5/20/2023 9:00 AM 340 463 1072 1878 1432 393 61 4 4 6 3 4 6 5/20/2023 10:00 AM 318 518 1366 2182 1531 433 72 13 2 5 3 0 4 5/20/2023 11:00 AM 390 483 1217 2413 1802 519 73 14 4 2 2 4 8 5/20/2023 12:00 PM 255 494 1385 2526 1693 445 85 5 4 7 2 3 8 5/20/2023 1:00 PM 304 533 1392 2225 1712 496 70 12 6 2 2 2 11 5/20/2023 2:00 PM 545 603 1311 2462 1585 448 67 13 4 4 0 4 6 5/20/2023 3:00 PM 646 748 1605 2538 1526 463 71 12 8 12 4 2 18 5/20/2023 4:00 PM 203 393 1336 2591 1761 501 70 16 5 0 4 0 8 5/20/2023 5:00 PM 209 389 1206 2461 1666 440 66 8 2 7 3 1 9 5/20/2023 6:00 PM 45 113 634 1836 1342 419 68 11 4 4 1 0 5 5/20/2023 7:00 PM 49 116 511 1283 938 308 45 8 4 2 2 2 3 5/20/2023 8:00 PM 16 39 382 957 671 205 35 8 4 3 1 0 2 5/20/2023 9:00 PM 9 21 149 418 396 137 40 7 1 0 0 0 0 5/20/2023 10:00 PM 6 10 49 234 237 115 16 4 0 0 0 0 0 5/20/2023 11:00 PM 2 6 30 112 140 57 12 3 1 0 0 0 0 Total 4,169 6,035 16,359 30,586 21,821 6,631 1,097 184 63 58 28 26 108 Cummulative Total 4,169 10,204 26,563 57,149 78,970 85,601 86,698 86,882 86,945 87,003 87,031 87,057 87,165 Cummulative Percent 5%12%30%66%91%98%99%100%100%100%100%100%100% 85th %ile =33.9 Appendix B Crash Data, Map and Charts Dorset Street Crash Data January 1, 2018 - December 31, 2019 ObjectID Crash Date Date Day Time Address Crash Type Collision Direction Weather Animal Time of DayIntersection With ImpairmentInvolving Road CharacteristicsRoad ConditionStreet Address Surface Condition 4215105 August 12, 2019 at 1:39 PM August 12, 2019 Monday 1:39 PM Dorset Street at Fire Station Property Damage Only None/OtherDay Kennedy Drive None None Dorset Street at Fire Station 4212699 August 17, 2019 at 11:53 AM August 17, 2019 Saturday 11:53 AM Dorset St Property Damage Only Single Vehicle Crash Clear None/OtherDay 189 None None Not at a JunctionNone Dorset St Dry 4245636 August 23, 2019 at 10:00 AM August 23, 2019 Friday 10:00 AM 550 Dorset St Property Damage Only Rear End Clear None/OtherDay None None Not at a JunctionNone 550 Dorset St Dry 4181553 August 7, 2019 at 4:42 PM August 7, 2019 Wednesday 4:42 PM 575 Dorset St Injury Left Turn and Thru, Head On ^v--Clear None/OtherDay Dorset St None None None 575 Dorset St Dry 3849002 December 19, 2018 at 3:58 PM December 19, 2018 Wednesday 3:58 PM 575 Dorset St Property Damage Only No Turns, Thru moves only, Broadside ^<Clear None/OtherDay Dorset St None None Not at a JunctionNone 575 Dorset St Dry 4803522 December 8, 2019 at 5:44 PM December 8, 2019 Sunday 5:44 PM 641 Dorset St Property Damage Only Rear End Clear None/OtherNight Kennedy Drive None None Four-way IntersectionNone641 Dorset St Dry 3857554 February 14, 2019 at 4:36 PM February 14, 2019 Thursday 4:36 PM Dorset St Property Damage Only Rear End Clear None/OtherDay 575 None None Not at a JunctionNone Dorset St Dry 5068581 February 14, 2020 at 2:45 PM February 14, 2020 Friday 2:45 PM 550 Dorset St Property Damage Only Same Direction Sideswipe Clear None/OtherDay Kennedy Drive None Heavy TruckNot at a JunctionNone 550 Dorset St Dry 3857064 February 22, 2019 at 7:35 AM February 22, 2019 Friday 7:35 AM Dorset St Injury Same Direction Sideswipe Cloudy None/OtherDay Aspen Dr None Heavy TruckT - IntersectionNone Dorset St Dry 3848643 January 12, 2019 at 2:35 PM January 12, 2019 Saturday 2:35 PM Dorset St Property Damage Only Rear End Clear None/OtherDay Kennedy Drive None None Four-way IntersectionNoneDorset St Dry 3840037 January 29, 2019 at 5:22 PM January 29, 2019 Tuesday 5:22 PM Dorset St Property Damage Only Other - Explain in Narrative Freezing PrecipitationNone/OtherNight 155 Dorset St EntranceNone None Four-way IntersectionRoad Surface Condition(wet, icy, snow, slush, etc)Dorset St Snow 3849742 January 29, 2019 at 5:56 AM January 29, 2019 Tuesday 5:56 AM 550 Dorset St Property Damage Only None/OtherNight South Burlington High SchoolNone None Four-way Intersection550 Dorset St 4099081 July 25, 2019 at 10:50 AM July 25, 2019 Thursday 10:50 AM 368 Dorset St Property Damage Only None/OtherDay Dorset St None None 368 Dorset St 5922504 June 10, 2021 at 4:09 PM June 10, 2021 Thursday 4:09 PM Dorset Street at Fire Station Property Damage Only Clear None/OtherDay Town Square Dr None None Dorset Street at Fire Station Dry 5920945 June 3, 2021 at 3:33 PM June 3, 2021 Thursday 3:33 PM Dorset St Property Damage Only None/OtherDay 550 Dorset St None None Dorset St 3857811 March 8, 2019 at 7:35 AM March 8, 2019 Friday 7:35 AM Dorset Street Property Damage Only Same Direction Sideswipe Clear None/OtherDay Tuttle Middle School - 500 Dorset StreeNoneNone Four-way IntersectionNoneDorset Street Dry 3942164 May 3, 2019 at 11:53 AM May 3, 2019 Friday 11:53 AM Dorset Street Property Damage Only Rear End Rain None/OtherDay Interstate 189 (W)None None On Ramp None Dorset Street Wet 3973346 May 7, 2019 at 9:33 PM May 7, 2019 Tuesday 9:33 PM 550 Dorset Street Property Damage Only Single Vehicle Crash Clear None/OtherNight Town Square Drive None None Four-way IntersectionNone550 Dorset Street Dry 3853155 November 17, 2018 at 4:53 PM November 17, 2018 Saturday 4:53 PM Kennedy Drive Property Damage Only Rear End Freezing PrecipitationNone/OtherDay Dorset Street None None Four-way IntersectionRoad Surface Condition(wet, icy, snow, slush, etc)Kennedy Drive Wet 4493976 October 10, 2019 at 1:36 PM October 10, 2019 Thursday 1:36 PM 550 Dorset St #sbhs Property Damage Only Other - Explain in Narrative Cloudy None/OtherDay None None Four-way Intersection550 Dorset St #sbhs 5919640 October 16, 2020 at 3:08 PM October 16, 2020 Friday 3:08 PM 641 Dorset St Property Damage Only Rear End Clear None/OtherDay Kennedy Drive None None Four-way IntersectionNone641 Dorset St Dry 4594861 October 29, 2019 at 4:08 PM October 29, 2019 Tuesday 4:08 PM 575 Dorset St Property Damage Only Clear None/OtherDay Dorset St None None 575 Dorset St Dry 4461931 October 3, 2019 at 7:14 PM October 3, 2019 Thursday 7:14 PM 550 Dorset Street Property Damage Only Rear-to-rear Rain None/OtherNight None None Parking LotNone 550 Dorset Street Wet 5922473 October 30, 2020 at 3:33 PM October 30, 2020 Friday 3:33 PM 550 Dorset St Property Damage Only Same Direction Sideswipe Clear None/OtherDay None None Not at a JunctionNone 550 Dorset St Dry 3840354 October 9, 2018 at 3:55 PM October 9, 2018 Tuesday 3:55 PM 575 Dorset St Property Damage Only Same Direction Sideswipe Clear None/OtherDay Kennedy Dr None None Parking LotNone 575 Dorset St Dry 5893273 October 9, 2020 at 12:37 PM October 9, 2020 Friday 12:37 PM 693 Dorset St Property Damage Only Rear End Clear None/OtherDay Kennedy Drive None None Not at a JunctionNone 693 Dorset St Dry 5923132 September 16, 2021 at 4:00 PM September 16, 2021 Thursday 4:00 PM Dorset St Property Damage Only Rear End Clear None/OtherDay San Remo Dr None None T - IntersectionNone Dorset St Dry 3851143 September 19, 2018 at 3:03 PM September 19, 2018 Wednesday 3:03 PM Dorset Street Property Damage Only None/OtherDay Kennedy Drive None None Four-way IntersectionDorset Street 3839705 September 25, 2018 at 3:20 PM September 25, 2018 Tuesday 3:20 PM 550 Dorset St. South Burlington VT Property Damage Only Other - Explain in Narrative Clear None/OtherDay South Burlington High School Parking LotNoneNone Parking LotNone 550 Dorset St. South Burlington VT 4317492 September 3, 2019 at 8:13 AM September 3, 2019 Tuesday 8:13 AM Dorset Street Property Damage Only Rear End Clear None/OtherDay Kennedy Drive None None Four-way IntersectionNoneDorset Street Dry 3851519 September 7, 2018 at 2:49 PM September 7, 2018 Friday 2:49 PM 435 Dorset St Property Damage Only Same Direction Sideswipe Clear None/OtherDay Kennedy Drive None None Not at a JunctionNone 435 Dorset St Dry Esr VTrans Public Crash Data Query Tool R 2024-12 Page 1 of 4 A RESOLUTION ESTABLISHING SPEED LIMITS ON PUBLIC STREETS AND HIGHWAYS IN THE CITY OF SOUTH BURLINGTON WHEREAS, Section 3 of the City of South Burlington Motor Vehicle and Traffic Ordinance authorizes the City Council to establish, by appropriate resolution, speed limits on public roads and highways in the City. NOW THEREFORE, BE IT RESOLVED, that maximum speed limits are established for the following public roads and highways: A. Twenty-five (25) miles per hour No motor vehicle shall be operated on any public road or highway at a speed that exceeds twenty-five (25) miles per hour, unless otherwise herein provided. B. Thirty-five (35) miles per hour No motor vehicle shall be operated on the following public roads and highways at a speed that exceeds thirty-five (35) miles per hour: 1. Airport Parkway: north/eastbound from Kirby Road to Lime Kiln Road; south/westbound from Lime Kiln Road to Kirby Road. 2. Allen Road: eastbound from Shelburne Road to Swift Street; westbound from Swift Street to Shelburne Road. 3. Cheesefactory Road: eastbound from City boundary to Hinesburg Road; westbound from Hinesburg Road to City Boundary. 4. Dorset Street: southbound from Williston Road to Nowland Farm Road/Old Cross Road; northbound from a sign at a point approximately 650 feet south of Swift Street and just south of 1100 Dorset Street to Williston Road. 5. Hinesburg Road: southbound from Williston Road to the southern terminus of the bridge over Interstate 89; northbound from the southern terminus of the bridge over Interstate 89 to Williston Road. 6. National Guard Avenue: eastbound from Shamrock Road to Williston Town Line; Williston Town Line to Shamrock Road. R -2024-12 Page 2 of 4 7. Shelburne Road: southbound from the Burlington City Line to a sign at a point approximately 330 feet south of Bartlett Bay Road at 1675 Shelburne Road; northbound from a sign at a point approximately 170 feet south of Imperial Drive at approximately 1330 Shelburne Road to the Burlington City Line. 8. Spear Street: southbound from a sign at a point approximately 190 feet south of Quarry Hill Road to the Shelburne Town line; northbound from the Shelburne Town Line to a sign at a point approximately 120 feet north of Quarry Hill Road at approximately 340 Spear Street. 9. Swift Street: eastbound from Shelburne Road to Dorset Street; westbound from Dorset Street to Shelburne Road. 10. Van Sicklen Road 11. Williston Road: eastbound from the Burlington City Line to a sign at a point approximately 150 feet east of Millham Court at approximately 2001 Williston Road; westbound from a sign at a point approximately 150 feet east of Millham Court at approximately 2002 Williston Road to the Burlington City Line. C. Forty (40) miles per hour No motor vehicle shall be operated on the following public roads and highways at a speed that exceeds forty (40) miles per hour: 1. Dorset Street: southbound from Nowland Farm Road/Old Cross Road to Shelburne Town Line; northbound from Shelburne Town Line to a sign at a point approximately 650 feet south of Swift Street and just south of 1100 Dorset Street. 2. Hinesburg Road: southbound from the southern terminus of the bridge over Interstate 89 to a sign at a point approximately 140 feet south of Fox Run Lane/Mansfield View Lane; northbound from a sign at a point approximately 140 feet south of Fox Run Lane/Mansfield View Lane to the southern terminus of the bridge over Interstate 89. 3. Kennedy Drive: eastbound from Dorset Street to Williston Road; westbound from Williston Road to Dorset Street. 4. Kimball Avenue: eastbound from Kennedy Drive to Williston Town Line; westbound from Williston Town Line to Kennedy Drive. 5. Shelburne Road: southbound from a sign at a point approximately 330 feet south of Bartlett Bay Road at 1675 Shelburne Road to the Shelburne Town Line; northbound from the Shelburne Town Line to a sign at a point approximately 170 feet south of Imperial Drive at approximately 1330 Shelburne Road. Page 3 of 4 R-2024-12 6. Williston Road: eastbound from a sign at a point approximately 150 feet east of Millham Court at approximately 2001 Williston Road to the Williston Town Line; westbound from the Williston Town Line to a sign at a point approximately 150 feet east of Millham Court at approximately 2002 Williston Road. D. Forty-Five (45) miles per hour No motor vehicle shall be operated on the following public roads and highways at a speed that exceeds forty-five (45) miles per hour: 1. Hinesburg Road: southbound from a sign at a point approximately 140 feet south of Fox Run Lane/Mansfield View Lane to a sign at a point approximately 280 feet south of Van Sicklen Road; northbound from a sign at a point approximately 280 feet of Van Sicklen Road to a sign at a point approximately 140 feet south of Fox Run Lane/Mansfield View Lane. E. Fifty (50) miles per hour No motor vehicle shall be operated on the following public roads and highways at a speed that exceeds fifty (50) miles per hour: 1. Hinesburg Road: southbound from a sign at a point approximately 280 feet south of Van Sicklen Road to the Williston Town Line; northbound from the Williston Town Line to a sign at a point approximately 280 feet of Van Sicklen Road. F. School zones No motor vehicle shall be operated on the following public roads and highways that exceeds the posted speed limit within the vicinity of the school. School zone enforcement shall be applicable on days in which school is in session and during hours posted on signage and/or when flashing beacons, if present, are flashing. 1. White Street: in the vicinity of Chamberlin School, with a speed limit of twenty-five (25) miles per hour; eastbound from the intersection with Airport Parkway to a point approximately 150 feet west of Myers Court; westbound from a point approximately 150 feet west of Myers Court to the intersection with Airport Parkway. This maximum speed limit shall be in effect and beacons shall be flashing from 7:00 AM to 8:30 AM and 2:00 PM to 4:30 PM on days in which school is in session. 2. Market Street: in the vicinity of Rick Marcotte Central School, with a speed limit of twenty-five (25) miles per hour; eastbound from the intersection with Mary Street to a point approximately 300 feet west of Garden Street; westbound from a point approximately 300 feet west of Garden Street to the intersection with Mary Page 4 of 4 R-2024-12 Street. This maximum speed limit shall be in effect and beacons shall be flashing from 7:00 AM to 8:30 AM and 2:00 PM to 4:30 PM on days in which school is in session. 3. Dorset Street: in the vicinity of Frederick H. Tuttle Middle School and South Burlington High School, with a speed limit of twenty-five (25) miles per hour; northbound from the intersection with Kennedy Drive to the intersection with Town Square Drive; southbound from the intersection with Town Square Drive to the intersection with Kennedy Drive. This maximum speed limit shall be in effect and beacons shall be flashing from 8:00 AM to 9:30 AM and 3:00 PM to 4:30 PM on days in which school is in session. G. Notwithstanding the maximum speed limits established herein, no individual shall drive a vehicle on a public road or highway at a speed greater than is reasonable and prudent under the conditions, having regard for the actual and potential hazards then existing. In every event, speed shall be controlled as necessary to avoid colliding with an individual, vehicle, or other object on or adjacent to a public road or highway. Approved this 1st day of April, 2024. SOUTH BURLINGTON CITY COUNCIL __________________________________ ________________________________ Tim Barritt, Chair Andrew Chalnick, Vice-Chair __________________________________ ________________________________ Michael Scanlan, Clerk Elizabeth Fitzgerald __________________________________ Laurie Smith MEMORANDUM To: South Burlington City Council From: Dave Wheeler, Water Resources Engineer CC: Jessie Baker, City Manager Tom DiPietro, Director of Public Works Paul Conner, Director of Planning Date: March 28, 2024 Re: Update to the South Burlington Water Ordinance The South Burlington Department of Public Works, Department of Planning and Zoning, and Legal Department have prepared an update to the City’s Water Ordinance. The City’s water ordinance deϐines how our drinking water utility is managed and used. The current Water Ordinance was last updated in 2002. Revisions proposed in the attached draft include: Updates to improve clarity and modernize the deϐinitions, language, and formatting used throughout the document. Deϐining the City’s water service area and other updates related to requirements in the recently passed Act 47. The service area will represent the geographic extent to which future connections are allowed in the City. The mapped area is intended to be aligned with the City Plan and Land Development Regulations and to reϐlect physical limitations of the system. Updated technical standards for remote radio meter reading, prohibition of booster pumps and various speciϐications for infrastructure construction and maintenance. Updates to language pertaining to allocation of water and fee rates and structures. The process for updating a City ordinance is deϐined in the City’s charter. The ϐirst step in the process is a ϐirst reading of the ordinance. Tonight’s meeting 4/1 will serve this purpose. Subsequent to the ϐirst reading, the City must hold a second reading and public hearing on the ordinance. This will be scheduled at a future council meeting (proposed date May 20, 2024). During this time the draft ordinance will be posted for viewing and notice published. Staff recommends that Council review the draft, provide any feedback and direction to staff, and if applicable make a motion to hold a second reading and public hearing on the ordinance. Chapter 38 UTILITIES* **** Article III. Water System Division 1. Generally Sec. 38-48. Definitions. Sec. 38-49. Abbreviations. Sec. 38-50. Water department rates and fees. Sec. 38-51. Hydrant use permit application. Secs. 38-52—38-701. Reserved. Division 2. Extension, Modification and Maintenance of City and CWD Water Mains Sec. 38-72. Required Connections; Prohibited Extensions; Modifications Sec. 38-72. Constructing, connecting water main requires prior approvalPermits to construct. Sec. 38-73. Water main standards and requirementsconstruction. Sec. 38-74. Testing and disinfection of pipeline. Sec. 38-75. Excavation work requires prior approvalWork initiation. Sec. 38-76. Modifications or connections to water main requires prior approvalWork modifications. Sec. 38-77. Maintenance of wWater main smaintenance. Sec. 38-78. Maintenance of hHydrant maintenances. *Charter references—Power to acquire real and personal property for utilities, § 13-103; water department, § 13-2001; board of water commissioners, § 13-2004. State law references—Water regulations, 10 V.S.A. § 1671 et seq.; water and wastewater system permits, 10 V.S.A. § 1971 et seq.; authority to regulate the location, etc., of utility poles, wires, etc., 24 V.S.A. § 229(6); authority to regulate sewage capacity to users, etc., 24 V.S.A. § 2291(22); water systems, 24 V.S.A. § 3301 et seq.; water mains and sewers, 24 V.S.A. § 3401 et seq.; sewage systems, 24 V.S.A. § 3501 et seq.; uniform water and sewer disconnect procedure, 24 V.S.A. § 5143 et seq. CD38:2 SOUTH BURLINGTON CITY CODE Sec. 38-79. Connecting to Champlain Water District transmission pipelines. Sec. 38-80. Private water mains and hydrants. Secs. 38-81—38-103. Reserved. Division 3. Building Water Service Connections Sec. 38-104. Permit requiredApplication for service. Sec. 38-105. ApplicationsCWD Connections. Sec. 38-106. Service connection requirementss. Sec. 38-107. Service connection installationWater meters. Sec. 38-108. Testing; defectsInternal piping. Sec. 38-109. Water service maintenance and repairOwnership responsibilities. Sec. 38-110. Loss or damage to meter or equipmentLoss or damage of equipment. Sec. 38-111. Private water systemsPrivate individual systems. Sec. 38-112. On-site wellsProperties required to connect. Sec. 38-113. Water supply must be protected prior to service connectionCross connection control and backflow prevention. Sec. 38-114. Seasonal water service. Sec. 38-115. Meter test ingfee. Sec. 38-116. Excavations for building water service connections. Sec. 38- 1167. Water allocation. Secs. 38-1178—38-147. Reserved. Division 4. Use of Public Water Supply System Sec. 38-148. Primary use. Sec. 38-149. Auxiliary use of fire hydrants. Sec. 38-150. Hydrant use; permits. Sec. 38-151. Water supplyDepartment rights in an emergency. Sec. 38-152. Liability. City not responsible for injury, loss, or damage. Sec. 38-153. Water quality emergency; notification. Sec. 38-154. Exemption from sewer charges as it relates to pool filling and lawn watering. Sec. 38-155. Private Maintenance of private hydrants and fire servicessprinkler systems. Secs. 38-156—38-178. Reserved. Division 5. Protection from Damage Sec. 38-179. Tampering with public water system prohibitedIntentional damage. Sec. 38-180. Repair or replacement costs. Sec. 38-181. Obstruction of water distribution system CD38:3 prohibitedInterference. Sec. 38-182. Contamination of public water supply unlawful. Sec. 38-183. Permit required forUnauthorized fire hydrant use. Sec. 38-184. Wasteful consumption prohibited. Sec. Sec. Sec. 38-185. 38-186 38-187 ViolationWater conservation. Waterline mark out. Protection from freezing. Secs. 38-186188—38-208. Reserved. CD38:4 UTILITIES Division 6. Powers and Authority of Inspectors Sec. 38-209. Inspection by superintendent of properties; powers and authority; disconnec- tion of serviceRight to access. Sec. 38-210. IndemnificationSafety. Sec. 38-211. Inspection by superintendent of private properties; entry and subsequent work on easementEntry onto easement properties. Sec. 38-212. Authority to inquire into any processes affecting safe, potable water. Authority to inquire into any processes affecting safe, potable water. Secs. 38-2143—38-232. Reserved. Division 7. Penalties Sec. 38-233. Civil penalties; waiver fees. Sec. 38-234. Violations. Sec. 38- 2345. City has right to institute civil action. Sec. 38- 2356. Notice of violation; correction. Secs. 38-2367—38-265. Reserved. Division 8. Rates and fees Sec. 38-266. Authority to establish rates. Sec. 38-267. Service application, connection and initiationNew connection fee. Sec. 38-268. Hydrant use fees. Sec. 38-269. Water usage feeMinimum customer fees. Sec. 38-270. Shut-off and turn-on feesFees for turning water on/off. Sec. 38-271. Sinking fundExcess revenue. Sec. 38-272. Water charge invoice; delinquencyBilling cycles. Sec. 38-273. Applicants responsible for payment of billsWater charges. Sec. 38-274. Sprinkler line annual feeFire sprinkler systems. Sec. 38-275. Rate and fee schedule review. Sec. 38-276. Residential and serviceCWD water application fee. Sec. 38-277. Final water readings. Sec. Sec. Sec. 38-278. 38-279. 38-280. Lien priorityCurb stop operation fee. Lien priority. Abatement. Secs. 38-28179—38-304. Reserved. CD38:5 Division 9. Disconnection Policy Sec. 38-305. Purpose. Sec. 38-306. Reconnections requested outside normal working hours. Sec. 38-307. Reconnection rates. Secs. 38-308—38-319. Reserved. CD38:6 UTILITIES § 38-48 **** ARTICLE III. WATER SYSTEM DIVISION 1. GENERALLY Sec. 38-48. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandoned Water Service Line means a water service line that serves a building that is demolished and no building or zoning permits for a new building are pending, or, when a new meter service line has been installed to serve a building and use of the old service line has been discontinued. Allocation means a commitment, issued to an applicant pursuant to these Rules, of a certain number of gallons per day (gpd) from the water distribution system’s reserve water storage capacity for use in connection with a land development project. Allocation Fees shall be established by the city council and shall be due in accordance with this Ordinance. Approved means accepted by the city water department as meeting an applicable specification stated or cited in this article. CD38:7 § 38-48 SOUTH BURLINGTON CITY CODE Backflow means: (1) A flow condition, induced by a differential in pressure, that causes the flow of water or other liquid into the distribution system of a potable water supply, from any source or sources other than its intended source. (2) The backing up of water through a conduit or channel in the direction opposite to normal flow. Backflow preventer means a device or means designed to prevent backflow. Air gap means the unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or pipe or faucet supplying water to a tank, plumbing fixture, or other device and the level rim of said vessel. An approved air gap shall be at least double the diameter of the supply pipe, measured vertically above the top of the overflow rim of the vessel; and in no case less than one inch. Double check valve assembly means an assembly of two independently operating approved check valves with tightly closing shut-off valves on each end of the check valves, plus properly located test cocks for the testing of each check valve. To be approved, these devices must be readily accessible for in-line testing and maintenance. Reduced pressure principle deviceBackflow Prevention Assembly Type means any effective assembly used to prevent backflow into a potable water system. The type of assembly shall be based on the existing or potential degree of hazard and backflow condition. The types of backflow prevention assemblies are:: (1) Air Gap (AG) (2) Atmospheric Vacuum Breaker Backsiphonage Prevention Assembly (AVB) (3) Double Check Valve Backflow Prevention Assembly (DCV) (4) Double Check- Detector Backflow Prevention Assembly (DCVD) (5) Dual Check (DC) (6) Pressure Vacuum Breaker Backsiphonage Prevention Assembly (PVB) (7) Reduced Pressure Principal Backflow Prevention Assembly (RPZ) CD38:8 (8) Reduced Pressure Principal-Detector Backflow Prevention Assembly (RPZD) (9) Spill-Resistant Pressure Vacuum Breaker Backsiphonage Prevention Assembly (SVB) (1) An assembly of two independently acting approved check valves together with a hydraulically operating, mechanically independent pressure relief valve located between the check valves and at the same time below the first check valve. The unit shall include properly located test cocks and tightly closing shut-off valves at each end of the assembly. The assembly shall operate to maintain the pressure on the public water supply side of the device. At cessation of normal flow the pressure between the two check valves shall be less than the pressure on the public water supply side of the device. (2) In case of leakage of either of the check valves, the differential relief valve shall operate to maintain the reduced pressure in the zone between the check valves by discharging to the atmosphere. When the inlet pressure is two pounds per square inch or less, the relief valve shall open to the atmosphere. To be approved, these CD38:9 UTILITIES § 38-48 devices must be readily accessible for in-line testing and maintenance and be installed in a location where no part of the device will be submerged. Bedroom means any room within a building or structure that is permitted, used, or serves as sleeping quarters. Capacity Allocation means (a decision of) Reserve Capacity set forth to commit a specified amount of water capacity (measured in gallons per day as described herein) to a specific area or areas or specific project. Capital Improvement means significant improvement to public infrastructure having a purchase, lease or construction cost of more than $5,000 and expected working life of more than five (5) years. Cellar stop means the valve installed on the service pipe after it enters the building and before the water meter, owned by the Owner of the building. May also be called ball valve,, service gate valve, main valve, or angle valve. Change of Use means the modification of a use of a building or land, or the replacement of a use of a building or land with another use or uses, or the addition of a use or uses to a building or land, or the cessation of a use or uses of a building or land. Chapter 21 means the most current version of the State of Vermont Environmental Protection Rules, Chapter 21 - Vermont Water Supply Rule. EPR Chapter 21 applies to all Public Water Systems in Vermont. For clarification purposes, EPR Chapter 1-Wastewater System and Potable Water Supply Rules, are for non-public water systems. City Center service area means that area of the city located in the Central District I New Town Centerzoning district, as designated approved by the State of Vermont DesignationDowntown Board Program city zoning regulations presently in effect or hereafter amended. Commercial or industrial unit means a single commercial or industrial unit, whether rented or owned by the business or occupant, which has independent ingress and egress or has common ingress or egress with other units within a building or structure, but with separate commercial or industrial facilities. Examples may include, but are not be limited to, CD38:10 stores located in shopping centers or separate office or condominium units within a single building or structure. A commercial or industrial unit is for use for other than residential purposes. Committed Reserve Design Capacity means the total amount of proposed development water flow (gallons per day, gpd) for all projects/ buildings approved by the City and the State of Vermont for to the water system, but not yet consuming water at the time of calculation. Completed construction means, for a single building, completion of all foundation, framing, siding, roofs and improvements, or for subdivision development, the completion of all buildings on all buildings on all lots. Connection fee means a onetime fee imposed on applicants for the city’s cost to fund upgrades, capital improvements and extensions of the water system in order to maintain capacity for new connections. Said fee is to be paid to the department prior to connecting to the water systemtwo-part fee comprised of a connection fee and a water initiation fee imposed on applicants for the city's cost of performing, supplying materials, supervising, inspecting and administering a connection to the water system, including any water service extension, upgrade of a water service, or for any portion of these activities. Contaminant Conservation Notice or Order means a notice issued by the CWD or city, based on the determination that customary and usual water use will exceed the supply available or compromise fire protection for the time specified in the notice or orderany physical, chemical, biological, or radiological substance or matter in water. Contaminant means any physical, chemical, biological, or radiological substance or matter in water. Contamination means an impairment of the quality of water which creates an actual hazard to the public health through poisoning or through the spread of disease by sewerage, industrial fluids, waste, etc.. CD38:11 § 38-48 SOUTH BURLINGTON CITY CODE Corporation stop (corporation) means a valve for joining a service pipe to a street water main. It is usually owned and operated by the city when within the City right-of-way. It cannot be operated from the surface. Cross connection means any physical connection or arrangement between two otherwise separate piping systems; one of which contains potable water, and the other, water or liquid of unknown or questionable safety, steam, gases or chemicals whereby there may be a flow from one system to the other. Curb stop means the valve that normally terminates the city's portion of the service line normally located at the highway right-of-way or public water main right-of-way and to which the building's service line is connected to provide water service to the user. It can be operated from the surface. Department means the city water department. For the purposes of this article, the terms "department" and "city water department" are interchange- able. Design Capacity (or Permitted Capacity) means the monthly average daily flow that the City is permitted. Development means the construction of improvements on a tract of land for any purpose, including, but not limited to, residential, commercial, industrial, manufacturing, farming, educational, medical, charitable, civic, recreational, and religious uses. Development water flow means the estimated flow calculated using Table A2-1- Unitized Average Day Flows, as shown in EPR Chapter 21 latest edition, as promulgated at the time a water allocation letter is requested. The City does not accept historical meter data from another property as an alternative method for determining this flowestimated flow calculated using flow quantities, adopted as rules by the state, as promulgated at the time a water allocation letter is requested. Director means the Director of South Burlington Public Works. Disconnection means the deliberate interruption by the department of water service to the user. Disinfectant means any substance, including, but not limited to, chlorine, chlorine dioxide, chloramines, and ozone added to water in any part of the treatment or distribution process, that is intended to kill or inactivate pathogenic microorganisms and potential pathogens. Distribution Department. The Distribution Department of the Champlain CD38:12 Water District is responsible for the administration and operation of the City of South Burlington water department and acting as the South Burlington Water Department. At the time of this ordinance approval the Champlain Water District is under a service agreement to act as the Distribution Department. District means the legislative body of the Champlain Water District or its appointed representatives. Easement means the authorization of a property owner for the use by another or for a specified purpose, of any designated part of theirhis property. Excavation means the removal or recovery by any means whatsoever of soil, rock, minerals, mineral substances, or organic substances other than vegetation, from water or land on or beneath the surface thereof, or beneath the land surface, whether exposed or submerged. Failed System means any private water treatment system, such as a traditional well system, that no longer effectively supplies Potable Water. Fire flow means the rate of flow, usually expressed in gallons per minute that can be delivered from a water distribution system at a specified residual pressure for firefighting purposes. CD38:13 UTILITIES § 38-48 Fire service means the water service provided to a user for fire protection systems or equipment installed on the property of the user, such as a sprinkler system. First-come, first-served basis means the review of complete plans and applications or requests for approval of a project in the order in which they were received by the department. Functioning System means any private water treatment system, such as a traditional well system, that effectively provides a source of potable water. water service area is provided from tanks on Dorset Street. This area drinking waterHydrant, private, means a hydrant not constructed by the city or within the city public right-of-way, nor on city property or within an easement owned by the city, or a hydrant that has not been accepted by the superintendent or council. Hydrant, public, means a hydrant installed by the city within public rights-of-way, on city property or within an easement owned by the city, or installed by a person other than the city, which has been offered to and accepted by the city, which acceptance is documented by action of the superintendent or council. Individual booster pump station means a booster pump system that is owned and operated by the individual service connection, without any oversite or control from the South Burlington water department. Industrial fluids system means any fluid or solution which may be chemically, biologically or otherwise contaminated or polluted in a form or concentration which would constitute a health, system, pollution or plumbing hazard if introduced into an approved water supply. This may include, but not be limited to: polluted or contaminated used waters; all types of process waters originating from the public potable water system which may deteriorate in sanitary quality; chemicals in fluid form; plating acids and alkalis, circulated cooling waters connected to an open cooling tower and/or cooling waters that are chemically or biologically treated or stabilized with toxic substances; contaminated natural waters such as from wells, springs, streams, rivers, bays, harbors, seas, irrigation canals or systems, etc.; oils, gases, glycerineglycerin, paraffins, caustic and acid solutions and other liquid and gaseous fluids used industrially, for other processes, or firefighting purposes. CD38:14 Independent Water Meter means a water meter that measures water that is not discharged into the sanitary sewer system. Possible uses include lawn irrigation system meters, cooling tower meters, and designated pool filling meters. Indirect Connection means any change in the structure currently being served through an existing connection which will result in additional dwelling units, or in the case of non-residential and tax-exempt space, where such change will result in additional building square footage or an increase in meter size, or the addition of a fire service. Irrigation system means a network of piping designed to distribute water on or towards plant life to promote growth. water service area is provided from tanks located on Harbor Ridge Road. This are drinking water Manifold means a pipe fitting with numerous branches to convey fluids between a large pipe and several small pipes or to permit choice of diverting flow from one of several sources or to one of several discharge points. Pathogenic means causing or capable of causing disease. CD38:15 § 38-48 SOUTH BURLINGTON CITY CODE Pathogenic means causing or capable of causing disease. Peak demand means the maximum momentary load placed on a water system. Permit means a written document issued by the city South Burlington water Water department Department pursuant to this article giving designated persons permission to operate and/or construct, alter, renovate or connect to or draw water from the city water system. Permit to Operate means a permit issued to the city for the operation of the municipal water system by the State of Vermont Department of Environmental Conservation. Person, customer or user means an individual, partnership, association, syndicate, company, firm, trust, corporation, government corporation, municipal corporation, institution, department, division, bureau, agency or any entity recognized by law requesting or being provided water or fire protection from the city. Pollution means a condition representing the presence of nonpotable, harmful, or objectionable materials in water. Potable water means water free from impurities in amounts sufficient to cause disease or harmful physiological effects, with the bacteriological, chemical, physical and radiological quality conforming to applicable regula- tions and standards of the Safe Drinking Water Act administered by the state water supply division. Premises means any land and building thereon. Private street means any road, lane, or way, intended for vehicular access purpose, which serves a subdivisionmore than two lots, and is neither owned nor maintained by the city. Private streets and hence, private water mains and appurtenances shall be marked as such on final plats. The planning commission, per the city's subdivision regulations, may adopt a street as private. Property owner or owner means any full or part Owner, joint Owner, tenant in common, tenant in partnership, joint tenant or tenant in the entirety with legal title to the whole or part of a structure or parcel of landmeans that person or user identified as owner of a property by recorded deed. CD38:16 Public water system means any system or combination of systems owned or controlled by a person, that provides drinking water through pipes or other constructed conveyances to the public and that has at least fifteen (15) service connections used by year-round residents or regularly serves at least 25 year-round residents. For the purposes of this Ordinance, a Public Water System shall also mean a water system in which all Owners of abutting properties have equal rights, and is controlled by public entitya water system in which all owners of abutting properties have equal rights, and is controlled by public entity. Residential means water consumption consistent with common household activities. Reserve Design Capacity means the permitted water capacity, as identified in the city’s permit to operate, minus the System Water Flow during the preceding 12 months. Retail department. The retail division of the Champlain Water District is responsible for the administration and operation of the retail water system owned by the city. Sampling means the act or technique of selecting a representative part of the water supply for testing and analysis. CD38:17 UTILITIES § 38-48 Service connection or service or service line means each single water pipeline, which provides water to an individual residential living unit, a commercial unit or an industrial unit from the public water system, is a service connection. The service connection shall start at the corporation stop or tap at the main water line and extend inside the building to the water meter. The applicant, to department standards, shall construct the service connection on new constructionAll service connections shall be constructed in accordance with Department approved standards. Once installed, the responsibility for maintenance and repairs on the service connection is split at the curb stop or tapping valve between the owner/applicant and the department. The department has the responsibility for maintenance from the city owned main line up to and including the curb stop which is normally located at the edge of the city right-of-way or tapping valve. The owner/applicant has responsibility for maintenance and repairs from beyond the downstream side of the curb stop or tapping valve, including the downstream connection to and inside the building with the exception ofexcept for the meter. Standard methods means methods for examination of water and wastewater published jointly by the American Public Health Association, the American Water Works Association or the Water Pollution Control Federation or successor organizations. Street Right-of-Way means any public right-of-way set aside for public travel which is accepted or eligible for to be accepted for maintenance by the City of South Burlington, the State of Vermont, or a bordering Vermont City or Town if so authorized; or has been dedicated for public travel by the recording of a plat or subdivision which has been approved or is subsequently approved by the City of South Burlington; or has otherwise been established as a public street prior to the adoption of the South Burlington land development regulations. Subdivision means a tract of land, owned or controlled by a person, which has been partitioned or is intended to be divided for the purpose of sale or lease into two or more lots. The term "subdivision" includes any development of a parcel of land such as a commercial or industrial complex, residential project, or combination. multi-family project, planned unit development, or planned residential development. Substantial Change means a permanent increase or decrease in the water use volume from an existing, or proposed development or building connection. CD38:18 Superintendent means the administrative director of the South Burlington Water Department. When the Champlain Water District serves as the City’s water department this refers to the retail distribution director or superintendent of the Champlain Water District, or his their authorized representative. System Water Flow means the city’s portion of the water passing through the city’s water distribution system as measured at the CWD owned master meter vaults, in gallons per day (gpd) on a monthly average daily flow basis for the preceding twelve (12) months. Tapping sleeves means a split sleeve used in making a wet connection where a single branch line is to be tapped into a water main under pressure. All taps over two-inches (2”) require a tapping sleeve and valve. Traverse means to cross via an easement through, or to pass within a city right-of-way along the edge of, the property in question. Uncommitted Reserve Design Capacity means the portion of the reserve design capacity remaining after subtracting committed reserve design capacity. Utility Easement means an approved easement of sufficient width shall be provided in locations acceptable to the city so as to serve both the proposed subdivision and existing and anticipated development outside the subdivision, typically twenty (20) feet centered over the water main. Valve boxes means a metal box set over a valve and rising to the ground surface, to allow access to the operating nut for opening and closing the valve. A cover is usually provided at the surface to keep out dirt and debris. Water main means a pipeline used for the transmission of water to hydrants and service connections, together with such appurtenant facilities as are necessary for the proper operation of the main. City water main means a water main constructed by the city within public rights-of-way, on city property or within an easement owned by the CD38:19 § 38-48 SOUTH BURLINGTON CITY CODE city, or a water main constructed by a person other than the city which has been offered to and accepted by the city, which acceptance is documented by action of the superintendent or council. Any other water main in the city which is not a city water main or CWD water main shall be deemed a private main for the purpose of this article and considered an extension of the City water system. CWD water main (transmission main) means a water main owned and controlled by the Champlain Water District (CWD). Water distribution/supply system (water works) means any publicly owned water system operated as a public utility under a valid state permit to supply water for domestic purposes. The term "water supply system" includes all sources, facilities and appurtenances between the source and the point of delivery such as valves, pumps, pipes, conduits, tanks, receptacles, fixtures, equipment and appurtenances used to produce, convey, treat or store potable water for public consumption or use. Water service area (service area) means the area served by or planned to be served by the publicly owned water distribution system, as shown on the water service area map, located in Appendix A of this ordinance. High Service Area, means the geographical area within the water service area of the city, where water is provided from tanks on Dorset Street. This service area can provide drinking water to a building with a first- floor elevation at or below 430 feet in elevation. Main Service Area, means the geographical area within the water service area of the city, where water is provided from tanks located on Harbor Ridge Road. This service area can provide drinking water to a building with a first-floor elevation at or below 260 feet in elevation. Wet tap (tap) means a connection made to a main that is pressurized. Working days means Monday through Friday, excluding legal holidays. (Ord. of 11-4-2002, art. I, § 1) Sec. 38-49. Abbreviations. For the purpose of this article, the following abbreviations shall have the meaning ascribed to them under this section. References to standards of the CD38:20 following organizations shall refer to the latest edition of it. ANSI means American National Standards Institute. ASME means American Society of Mechanical Engineers. ASTM means American Society of Testing and Materials. AWWA means American Water Works Association. CWD means the Champlain Water District. DRB means the development review board of the city. DWGPD means the Drinking Water Groundwater Protection Division of the VT DECVermont Department of Environmental Conservation. GMWEA means the Green Mountain Water Environment Association, Inc. NPC means National Plumbing Code. NeRWA means the Northeast Rural Water Association. NEWWA means New England Water Works Association, a section of AWWA. CD38:21 UTILITIES NFPA means National Fire Protection Association. SBWD means South Burlington Water Department. VRWA means Vermont Rural Water Association. (Ord. of 11-4-2002, art. I, § 2) Sec. 38-50. Water department rates and fees. All water department rates and fees are adopted by majority vote of the city council and are on file in the city clerk's office. (Ord. of 11-4-2002, app. I) Sec. 38-51. Hydrant use permit application. The city water department's hydrant use permit application is available in the city clerk's office. (Ord. of 11-4-2002, app. II) Secs. 38-52—38-701. Reserved. DIVISION 2. EXTENSION, MODIFICATION AND MAINTENANCE OF CITY AND CWD WATER MAINS Sec. 38-71. Required Connections; Prohibited Extensions; Modifications 1. Required Extensions and Connections. All property owners located within the water service area shall be required to connect to the public water system, or a property owner may be allowed to connect to an adjacent municipal water system at the discretion of the superintendent. 2. Prohibited Connections and Extensions. Connections to and extensions of the public water system proposed to serve development located outside the water service area are prohibited. a. Connections to and extensions of existing water system infrastructure extending to adjacent municipalities are subject to the provisions of the Ordinance Regulating Use of The Town of CD38:22 Shelburne Water System. 3. Changes to Water Service Area within the City of South Burlington to match approved changes to habitat block and habitat connectors under the Land Development Regulations. The City Council, may by resolution approve a change to the boundaries of the water service area, subject to the following limitations: a. Such change may only take place upon request by a property owner that has received final approval for a habitat block and habitat connector modification under the South Burlington Land Development Regulations. b. The change must exactly match the geography of the approved habitat block and habitat connector modification. c. Upon approval by the City Council, the Water Service Area shall be modified as follows: areas approved under the Land Development Regulations be removed from the habitat block and connector shall be added to the water service area and areas approved under the Land Development Regulations to be added to the habitat block and habitat connector shall be removed from the water service area. 4. All other changes to Water Service Area within the City of South Burlington. Any change to the water service area within the City of South Burlington, except those approved under Section 38-71.3, shall require amendment of this Ordinance. Sec. 38-72. Constructing, connecting water main requires prior approvalPermits to construct. NoIt shall be unlawful to construct a water main, service or appurtenance that is to be connected to a city water main, without the prior, written approval of the superintendent. The department shall review plans of all proposed water system construction to ensure compliance with department approved specifications. Any materials and equipment used will meet the most recent version of the “City of South Burlington Department of Public Works Standards and Specifications”, henceforth the DPW Standards. The city is responsible for the distribution of water from the Champlain Water District (CWD) transmission mains or storage facilities to the tap. For that reason, the city regulates water distribution main and service line construction, installation, and maintenance. CD38:23 To comply with Vermont DEC Drinking Water and Groundwater Protection Division (DWGPD), permit to construct requirements, the department shall review and comment on plans for a proposed project to ensure plans meet the CWD specificationsDPWCity Standards. The department will provide letters to a project’s developer stating whether or not the water system has the ability to provide the quantity, quality and pressures to serve the project, after further evaluation as determined by the city. The owner shall repair or replace as required, promptly and without charge, all work, and materials, or parts thereof, which fail to meet the above guarantee during the required warranty period. Any testing, inspections, or certifications required by the State of Vermont and/or the department in relation to the new water system infrastructure will be conducted by or under the supervision of the Professional Engineer responsible for the project. All applicable tests, inspection, record drawings, and certification results shall be supplied to the department. Water shall only be provided upon satisfaction of all applicable State and local standards and upon authorization by the department. The water system shall be responsible for providing water at adequate quantity and quality in accordance with State regulations and the water system’s existing permit to operate. Upon authorization by the department, authorized service to new users shall be covered under and subject to the terms of the water system’s permit to operate. person shall construct a water main that is to be connected to a city water main without the prior written approval of the superintendent. All property owners located within the water service area shall be required to connect to the public water system, or a property owner may be allowed to connect to an adjacent municipal water system at the discretion of the superintendent. (Ord. of 11-4-2002, art. II, § 1) Sec. 38-73. Water mmain construction standards and requirements. Any water main which is to be connected to a city water main or provide water from the city’s water distribution system shall be constructed in accordance with the following standards and requirements: (1) All municipal water extensions, extended for the purpose of development shall be a minimum pipe size of eight-inch (8”) diameter unless waived by the superintendent, and shall be extended to the farthest boundary line of the development property CD38:24 within the city or water system right-of-way or an easement providing for future extension of the system. The superintendent may require the installation of a pipe size larger than that necessary for a development for just cause and at no cost to the cityMinimum pipe size shall be eight-inch, unless the superintendent grants written approval for use of a smaller pipe size. The superintendent may require the installation of a larger pipe size. If the superintendent requires a pipe larger than that necessary for a development, then the city shall reimburse the person or developer installing the water main for the difference in cost of material between the eight-inch and the larger pipe. CD38:25 § 38-73 SOUTH BURLINGTON CITY CODE (2) Water mains shall be located within the right-of-way limits of public highways in the city, unless the superintendent city grants written approval for locations of a water main on other property owned by the city or within an easement granted to the city. Where a water main is to be located in an easement, and will be owned by the city, the easement shall: a. Be perpetual in duration; b. Be of sufficient width to accommodate the water main and reasonably needed or anticipated appurtenant facilities, typically twenty (20) feet wide centered over the pipeline as constructed; c. Be of adequate scope to allow the perpetual repair, replacement, operation and use of the water main and appurtenant facilities located within the easement; d. Be sufficiently restrictive to prevent the installation or construc- tion of improvements within the limits of the easement, including landscaping improvements, that would place an unreasonable burden on the city when exercising its rights under the easement; d.e. Be defined geographically independent of another utility’s easement limit, regardless of whether or not the city easement overlaps with another utility’s easement; e.f. Extend across the entire property of the property to be served to enable continuation of the main across adjoining property; and f.g. Act as a bill of sale to convey the water main and appurtenance facilities located in the easement to the city. (3) The city’s water system or extension of the city’s water system shall not be extended beyond the boundaries of the City without a formal request for such extension from the city council of the municipality in which service is to be provided and approved as such request by the city council and the CWD board of water commissioners.When a water main is extended to serve a specific property, the property owner shall be responsible for constructing the main to the property's furthest property line to allow for continuation to adjoining properties. (3) CD38:26 (4) The city will not be required to render service where normal system pressures may be expected to fall below thirty-five (35) pounds per square inch (psi) at the first-floor elevation of homes or businesses. a. Main Service Area: To provide water service at a static pressure of 35 psi during critical water tank operating levels in the main service area, the city will only render service to buildings with a first-floor elevation at or below 260 feet in elevation. b. High Service Area: To provide water service at a static pressure of 35 psi during critical water tank operating levels in the high service area, the city will only render service to buildings with a first-floor elevation at or below 430 feet in elevation. (5) In areas where a static water pressure of 35 psi cannot be achieved, privately owned booster pump stations shall not be used to increase the pressure served to the minimum 35 psi. (6) Individual booster pump stations shall not be allowed for any individual service connection unless installation is approved in writing by the Department and VT DEC DWGPD, and includes a properly sized and located air gap, and conforms to VT DEC DWGPD guidelines. (4)(7) Persons designing and constructing water mains shall use the most recent version of the "Specifications and Details for the Installation of Water Lines and Appurtenances for All Water Systems Owned by the Champlain Water District, the City of South Burlington, Colchester Fire District #1, and the Village of Jericho." Looping of water lines shall be a design requirement wherever feasible. (5)(8) Except in cases of emergency, or Unless otherwise approved by the superintendent in writing, no extensions of water mains or services shall be installed all water main construction work shall be performed between April 1 and November 15 and April 1. (6) A water main shall not be placed in service until the superintendent issues written authorization of such action. Such authorization will CD38:27 UTILITIES § 38-76 (9) not be issued until, at a minimum, the superintendent has been provided written certification from a professional engineer licensed in the state that the water main and appurtenant facilities: a. Have been constructed in accordance with approved plans and required standards, comply with the CWD specificationsCityDPW Standards; and b. Have been inspected and tested with results that demonstrate compliance with applicable standards; and. b.c. Record drawings as stated in the CWD sSpecifications CityDPW Standards have been provided. (Ord. of 11-4-2002, art. II, § 2) Sec. 38-74. Testing and disinfection of pipeline. (a) All water mains shall be constructed, tested and disinfected in accordance with the CWD sSspecificationsCityDPW Standards. noted in section 38-73. The test pressure for all mains shall be minimum of 200 psi; or 150 percent of working pressure, whichever is greater. (b) All costs for all water, materials, equipment and labor to perform the required installation, testing and disinfections of the pipeline shall be borne by the contractor. (c) From the date the new system is placed into service, for one yearuntil the water main has been accepted by the city, the developer/contractor will be responsible for any necessary repairs or correc- tions. (Ord. of 11-4-2002, art. II, § 3) Sec. 38-75. Excavation work requires prior approvalWork Initiation. No person shall initiate excavation work within the limits of any city or the Champlain Water District (CWD) water main easement without the prior written approval of the superintendent. (Ord. of 11-4-2002, art. II, § 4) Sec. 38-76. Work Modifications or connections to water main requires prior approval. No person shall perform any work or make any modifications or connec- CD38:28 tions to a city or CWD water main without the prior written approval of the superintendent. No person shall operate any valves that are connected to the city’s water mains unless done in the presence and/or under the direction of department personnel. (Ord. of 11-4-2002, art. II, § 5) CD38:29 § 38-77 SOUTH BURLINGTON CITY CODE Sec. 38-77. Maintenance of wWater main smaintenance. The department shall be responsible for the maintenance of all city water mains. The department shall oversee the maintenance of private water mains at current rates for labor and material that shall be billed to the private water main owner. (Ord. of 11-4-2002, art. II, § 6) Sec. 38-78. Maintenance of hHydrants maintenance. (a) The department shall be responsible for the maintenance of all hydrants in the city. (b) To maintain control of the quality of water as required by State and Federal regulations, and the operability of all fire hydrants within the city, the owner of a private hydrant(s) shall agree to a fire hydrant maintenance agreement with the department. Said agreement shall run with the land and shall be binding on all assigns, grantees, successors and/or heirs of the owner/applicant. (c) The department shall provide routine service, including flushing, lubricating, flow testing, painting, pumping and leak detection, to private hydrants for this a fee. (d) If a privately-owned fire hydrant is found to be inoperable and/or in need of repair, the department shall notify the owner and the South Burlington Fire Department in writing of the required repairs. All required repairs shall be made by the Owner within 60 days of the notice to the owner. (e) In the event weather conditions prevent the required repairs to be made within such 60-day period, a reasonable additional time shall be allowed. (f) If the required repairs have not been made within the time specified herein, the department or its agents may make the required repairs and the owner shall reimburse the Department for the cost of such work. (g) Any bill which remains unpaid for the period of 30 calendar days or greater shall result in a lien against the owner’s land and shall be subject to collection in the same manner as real property taxes. (b) Each private hydrant shall be assessed a private hydrant fee. (c) The department shall provide routine service, including flushing, lubricating, flow testing, painting, pumping and leak detection, to CD38:30 private hydrants for such fee. (d) Work beyond routine labor and material shall be performed at current rates for labor and material and billed to the hydrant owner. (Ord. of 11-4-2002, art. II, § 7) Sec. 38-79. Connecting to Champlain Water District transmission pipelines. Persons wishing to connect to or tap a water line owned by the CWD must contact the superintendentresponsible person in charge of said CWD lines at CWD. Approval may only be granted if the property cannot otherwise be connected to a distribution main and reasonable justification is provided. (Ord. of 11-4-2002, art. II, § 8) Sec. 38-80. Private water mains and hydrants. (a) The department shall not maintain any water lines that have not formally been accepted by the city as stated in section 38-73, except in subdivisions that are designed to department specifications and are intended to be accepted, as defined in subsection (e) of this section, or unless the owner has entered into an annual maintenance contract with the department, as outlined in subsection (f) of this section. (b) All water lines and appurtenances not located in the city right-of-way or public grounds shall be considered private pursuant to this article and other city ordinances. (c) All water mains and appurtenances located within an area so designated as restricted or private by the developer shall be considered private.. CD38:31 UTILITIES § 38-104 (d) Water lines, hydrants, and appurtenances installed at the request of a property owner in a location that does not directly benefit the city none was planned or intended shall be considered private, unless waived by the council. (e) All water mains and appurtenances in new developments which have not had final inspections by the department, or are still under warranty by the contractor, though not subject to a private system maintenance feen annual fee, are liable for all other fees or charges if services are requested by the developer, until such time as the lines are deeded over and accepted by the city, pursuant to this article and other city ordinances. During such time as the water mains and appurtenances are still under warranty and have not been transferred to the city no operation of the water main or its appurtenances may take place without the Department’s approval, and only then under the supervision of the Department. (e)(f) A Private System Maintenance Fee may be established or revised from time to time by the Council to assess charges to properties that have multiple appurtenances including mains, services, gate valves, fire hydrant gate valves and blow offs in order to maintain the quality of water and pipe work integrity within the private system. The owner of private water appurtenances may enter into an annual maintenance contract with the department for the routine maintenance service of water main gate valves, fire service gate valves, and other appurtenances other than fire hydrants which are covered under other requirements in this ordinance. The routine maintenance service will include gate valve box cleaning, gate valve operation, and blow off operation in accordance with recommended maintenance practices. The owner shall indemnify the department from any loss or damage such as but not limited to leaking valves, pipes, or appurtenances or discolored water that may directly or indirectly be occasioned by the maintenance of the owner’s water valves and appurtenances, when maintenance is performed in accordance with established guidelines. It shall be the responsibility of the owner to repair or replace any appurtenance found to be defective, damaged or non- operational as part of the provided contracted maintenance service. (Ord. of 11-4-2002, art. II, § 9) Secs. 38-81—38-103. Reserved. CD38:32 DIVISION 3. BUILDING WATER SERVICE CONNECTIONS Sec. 38-104. Permit requiredApplication for Service. (a) No person shall initiate construction work to make a connection to a city or CWD water main without obtaining a permit from the department authorizing such connection. (b) Application for a permit shall be made on forms provided by the department and shall be supplemented by any plans, specifications or other information which the department deems necessary to review the applica- tion. Required application fees shall accompany applications, unless otherwise stated herein. (c) Any person proposing a new water allocation from the city’s water distribution system or a substantial change in the volume from the system shall notify the department at least 45 days prior to the proposed change or connection. (d) No such change or connection shall be made without written approval from the superintendent as required in this article. (e) The allocation request shall be supplemented by any plans, specifica- tions, or other information considered pertinent by the department. The applicant shall state fully and truly all the purposes for which water may be required and shall submit a new application prior to making any alterations in that purpose. No person shall use water from the city for purposes other than those stated in such application. (Ord. of 11-4-2002, art. III, § 1) CD38:33 § 38-105 SOUTH BURLINGTON CITY CODE Sec. 38-105. ApplicationsCWD Connections. The department shall act on applications for connections to CWD water mains in accordance with procedures established by the departmentCWD. Applicants seeking approval for such connections shall be subject to all applicable department CWD procedures, requirements and fees. (Ord. of 11-4-2002, art. III, § 2) Sec. 38-106. Service connections requirements. (a) Service connections to city water mains shall be subject to the following requirements: (1) All costs and expenses incidental to the installation and connection of the building water service connection from the water main to the building or structure shall be borne by the owner. The department owner shall perform all necessary excavation from the main to the curb stop and unless the department gives permission to allow excavation by others. The property owner/agent is responsible and must provide all neces- sary excavation from the curb stop to the building structure. The owner shall indemnify the department from any loss or damage that may directly or indirectly be occasioned caused by the installation of the water service connection. A new water service charge shall not pertain to the properties already serviced by the city unless an indirect connection is proposed. All work shall be performed by the owner at their cost and inspected by the department prior to connection. (2) A separate and independent corporation stop and curb stop with approved curb box shall be provided for every building. Where one building stands at the rear of another or on an interior lot and no water system is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the department may allow two services from a single corporation stop, providing each building has a separate curb stop and curb box. Use of an existing single corporation stop and service line may only be used when found on exam visual examination by the department, to be in satisfactory condition and meeting all requirements of this article. The burden of proof and all expenses incurred by the department to determine the condition and adequacy of the service line shall be borne by the owner of said service line. Where fire services are required, there shall be a separate domestic service line and shut off outside the CD38:34 building being served, in a department approved accessible location. (3) The size, depth, alignment, materials of construction of the building water service connection and the methods to be used in excavating, placing the pipe, jointing, testing and backfilling the trench shall all conform to the requirements of the CWD specificationsCityDPW Standards noted in division 2 of CD38:35 UTILITIES § 38-106 this article or other applicable rules and regulations of the depart- ment. In the absence of code specification provisions or in amplification thereof, the materials and procedures set forth in appropriate State codes, specifications of the National Plumbing Code, Ten States Standards for Water Main and AWWA Standards, all latest editions, shall apply. Furthermore, the following additional standards shall apply: a. New type "K" copper shall be used for all service lines up to and including two-inch diameter pipe from the corporation stop to the curb stop. No PVC may be used between the main and curb stop. b. Service connections over two inches shall require a tapping sleeve and valve. c. New service lines up to and including two one inch (1”)es shall be copper from the curb stop to the building, unless approved otherwise by the superintendent. 1-1/2” to 2” service lines shall be of a material as specified in the CWD specificationsCityDPW Standards. The department reserves the right to inspect all water service lines from the curb stop to the building. c.d. The department shall not be responsible or held accountable for locating any service line between the curb stop and building. Service line locating between the curb stop and building shall be at the discretion of the Department. d.e. All service connections shall be laid at a minimum depth of six feet (6’), unless specifically waived by the department. e.f. Service connection taps to the main water line shall only be performed by firms qualified to perform the service connection tap. The qualifications of a firm to perform this tap shall be determined by the department. All building service connections shall be installed in accordance with the guidelines outlined in the DPW Standards. The CWD Sspecifications noted in division 2 of this article contain additional guidelines for the installation of building service connections. (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. CD38:36 (3) Prior to any service connection being made to the main water line, the superintendent, or their designee, shall be given at least two working days' notice in order that the work can be scheduled for inspection. (1)(4) All service connections will be made during normal workday hours and no connection shall be allowed on Friday, Saturday, Sunday or legal district city holidays. (2)(5) If the superintendent, or his their designee, has not been properly notified and the work has proceeded, the superintendent, or his their designee, may require the completed work to be uncovered for examination, at the owner's expense and/or be prepared to bear all repair costs if problems arise. (3) The property owner/agent shall agree, as a condition of receiving approval for connection to the department water system, to restore the CD38:37 § 38-106 SOUTH BURLINGTON CITY CODE street, sidewalk, curbs, electrical lines, grassed or open areas or other features to their original conditions after the installation of the said water line. (4)(6) The property owner/agent shall be responsible for obtaining all local and/or state permits required prior to any excavation. (7) Failure to comply with proper restoration of facilities may subject the property owner to penalties regardless of whether the installation was performed by the owner of the property or another party. (5)(8) Construction within the public right-of-way shall only be performed when appropriate permits have been obtained. Construction within the State Highway right-of-way may require a permit from the Agency of Transportation. New service connections will not be made between November 15 and April 1, without prior approval of the department. (Ord. of 11-4-2002, art. III, § 3) Sec. 38-107. Service connection installationWater meters. All fees and charges shall be paid in full before the connection to the city’s water distribution system. All meters shall be furnished by the water department and shall be installed to department specificationsCity Standards under the direction of the superintendent. The cost of installing meters shall be paid by the property owner. The water department shall not furnish water through any meter over which they do not have exclusive control. All service connections to city water mains shall have water meters that shall be installed as follows: (1) All buildings connected to the city’s -owned water distribution system shall be required to have meters installed. (2) All buildings connected to the city owned wastewater system that may not be connected to the city water distribution system shall be required to have city owned meters installed on the internal plumbing system per department requirements. Those customers shall not be charged water usage fees while connected to an individual well system. (3) When required, a meter may be set inside a meter vault (meter pit, meter box) to assure accurate measuring of all water passing CD38:38 through it. The meter vault shall be constructed in accordance with DPW Standards at the owner’s expense and located on the owner’s property in a location approved by the superintendent. The meter vault shall be owned and maintained by the owner, including all appurtenances except the water meter as defined herein. Access shall be provided to the department for meter inspections, reading, maintenance, and replacement. (1) (2)(4) The property owner of all buildings shall be required to perform all interior or exterior plumbing necessary to safely accommodate access to the required water meters, whether or not the plumbing is new or existing. Interior plumbing work shall be completed by or under the direct supervision of a licensed plumber. (5) The department will provide a meter with an outside reader in one of the following sizes for each structure.sized based on water usage demand information provided by the owner or their designee. In addition to the water meter, the department will provide the following parts at the owners expense and included in the water connection fee, for new meter installations: a. For 5/8”x3/4”, ¾”, and 1” meters: straight or angle valve and one meter tail piece (meter connection, spud), two gaskets. b. For 1-1/2” and 2” meters: meter flanges (mating flanges), two gaskets and bolt packs c. For meters larger than 2”: gaskets and bolt packs for each side of the meter. (3) Meter size will be determined by the department based on flow information supplied to them from the developer or engineer. Service Connection Meter Size Meter Size Operating Range 5/8" x 3/4" 1/2—20 gpm (standard residential) 3/4" x 3/4" 3/4—30 gpm 1" 1—50 gpm 11/2" 2—100 gpm CD38:39 2" 21/2—160 gpm (4)(6) In the event an owner desires additional meters within a structure after the department's city owned meter to further establish usage in addition to the stated requirements, it shall be the owner's responsibility to purchase, install, read and maintain these additional meters. The meters shall should be approved by the department prior to installation. CD38:40 UTILITIES § 38-108 (5)(7) In cases where the superintendent determines that it is not feasible or in the best interest of the city to install individual city owned meters for multiple units, the department may allow a single meter to serve multiple units. The number of city owned meters required shall be determined solely by the department. (6)(8) Additional city owned meters for the purpose of identifying specific commercial/ industrial flows due to the subdivision of an existing building may be installed if approved by the department. Where such additional meters are to be used by the department as a basis for billing, the department shall install the meters at the owner's expense at current connections fees. (7)(9) It is the responsibility of the department to fix, check or replace defective or non-working city owned water meters within the departmentcity. The depart- ment will provide any normal maintenance of meters without charge. It is the responsibility of the owner to provide the department access to the building, upon request by the department, to replace, fix or check the non-working meter. The owner shall take reasonable measures to protect the inside meter and outside reader from damage. Reasonable entry and a safe working space shall be provided around the meter for accessibility to remove, repair, install, wire, and read the meter. All meters shall be set horizontally and upright. Meters shall be set immediately inside the entry point of a building unless waived by the superintendent. New meters shall be set approximately 18” off the floor, and at least 6” off the wall. (8)(10) Each meter installed shall be controlled by a curb stop directly associated with the meter unless waived by the superintendent. Generally, domestic water service connections shall not be supplied from fire sprinkler service connections inside the building. Domestic water services shall have a separate and independent service line tapped on the sprinkler line outside the building with an independent outside shut off. (9)(11) Water users must connect all fixtures supplied with water on their premises through their city owned water meters in such a manner that all water used will be measured. No connections of any type are permitted on the buildings internal plumbing before the water meter. (12) Failure of a building owner to provide access to the city owned water CD38:41 meter for repairs, maintenance or upgrade, upon request by the department, shall be considered a violation of this article. (13) In the event any city owned water meter is removed from any premises at the request of the owner or for any reason, a reinstallation fee shall be charged by the department. (14) Should a city owned meter become inoperative between readings, upon investigation and discretion of the department, the owner shall be billed at the average amount of the preceding four quarters that the meter recorded correctly or as determined by the department. (15) During construction of any building, and before the installation of a permanent city owned meter, a contractor may apply to the department for temporary water service and the installation of a construction meter. The meter will be provided by the department prior to water service being turned on. The contractor applying for temporary water service is responsible for all charges for the installation/removal of the meter and the volume of water used during construction. (16) The department utilizes automatic meter reading (AMR) remote readers and radio read meters that enable the department to read city-owned water meters more efficiently and will allow for real time water usage reports for many customers. Customers are required to upgrade to an AMR reader or radio read meter and shall be assessed a remote reading fee, as determined by the city council, until their upgrade is complete. (17) Meter locations shall be readily accessible to the department for meter reading, testing, and maintenance without prior notice to the customer so long as such access is consistent with regular meter reading, testing, and maintenance activities. Failure to allow such access shall be considered a material failure to comply with this ordinance. (10) (Ord. of 11-4-2002, art. III, § 4) Sec. 38-108. Testing; defectsInternal piping. (a) The department may require appropriate tests and repairs be made to the pipes and appurtenances and the owner or theirhis agent, at their expense, shall furnish all necessary tools, labor, materials, and assistance for such tests and repairs and shall remove or repair any defective materials when so ordered by the department. CD38:42 § 38-108 SOUTH BURLINGTON CITY CODE (b) The department reserves the right to demand any unmetered use, whether intentional or unintentional, be corrected within a reasonable period of time. (c) The department may send an estimated bill for unmetered water to the owner. (d) Should the property have a change in use and either an increased or decreased water demand, the department shall install an appropriately sized water meter to accurately meter the change in use water flows, at the owner’s expense. The owner or their agent at their expense shall modify all necessary plumbing components to fit the new city owned water meter. (e) A pressure regulator and recommended associated plumbing devices, including any required backflow prevention devices, shall be installed after the water meter but before the first fixture in the building. (f) A cellar stop shall be installed before the city-owned water meter and a second valve installed on the opposite side of the meter so that the meter can be isolated. The owner shall be responsible for all costs associated with the purchase, installation and repair of such valves. No bypass lines shall be installed around the city-owned water meter without approval of the superintendent. (g) No new city-owned water meter shall be installed without a pressure regulator and approved backflow preventer. The full cost of those devices shall be the responsibility of the owner. Owners of buildings that do not currently have appropriate shutoff valves and pressure regulators are encouraged to install them. (c) (Ord. of 11-4-2002, art. III, § 5) Sec. 38-109. Water service maintenance and repairOwnership responsibilities. (a) The city owns and is responsible for maintenance and repair of water service connections from the city-owned main line up to and including the curb stop, and the city-owned water meter. Only a department employee may CD38:43 operate, repair, replace, remove, or modify these those items. The cost of and repairs to, or replacement of cellar stops, internal piping, backflow preventers, pressure regulators, and check valves shall be the responsibility of the property owner. The owner is responsible for the service line from the curb stop to the building and for all internal plumbing except for the city- owned water meter. (b) Once installed and accepted, that portion of the service line from the city-owned main to and including the curb stop shall be the responsibility of the city. All repairs and required replacements of the service line as determined by the superintendent from the city-owned water main to the curb stop are to be performed by the city or its designee, at the city’s expense, except that replacements of a water service line with a service pipe of a larger diameter shall be at the expense of the property owner. (c) All repairs and required replacements of the service line from a water main owned by others (private) to the curb stop or building shall be the responsibility of the owner of the property served by the service line. The city will neither perform the work nor pay for same. All charges associated with inspecting the repairs and replacements of private service lines shall be billed to the owner by the department. (a) In cases where the city owned water distribution main or service line, valve, valve box, or curb box is damaged, the party responsible for the damage shall be required to make repairs to the damaged line and shall be responsible for all costs associated with said repairs. (d) (b)(e) Water service lines that have only a tapping valve connected to a city-owned water main, controlling the flow of water through the line to the building shall only be owned and maintained by the department from the city-owned water main up to and including the tapping valve. All costs associated with the repair and maintenance beyond the tapping valve, including any downstream fittings, piping and valving, even if the line infrastructure is located within the city right-of-way, shall be borne by the owner. (c)(f) It shall be unlawful for any person other than those authorized by the superintendent to turn water on or off at the curb stop or gate valve. (d) It shall be unlawful to remove any seal or connecting pin from a valve, city-owned water meter, or appurtenance. CD38:44 (g) A cellar stop shall be installed before the meter and a second valve installed on the opposite side of the meter so that the meter can be isolated. The owner shall be responsible for all costs associated with the purchase and installation of such valves. No bypass lines shall be installed around the meter without approval of the superintendent. (e)(h) All abandoned water service connections shall be disconnected from the water main. Proper disconnection includes closing the corporation stop at the main, disconnecting the service line, and installing V-Bio Poly wrap around the service tap assembly and main. Abandonment of a water service connection controlled by a gate valve shall be done at the downstream side of the gate valve. The cost of said work to be borne by the property owner. (Ord. of 11-4-2002, art. III, § 6) CD38:45 UTILITIES § 38-112 Sec. 38-110. Loss or damage to meter orof equipment. In case of loss or damage to the city-owned water meter, remote reader, or equipment supplied by the city, the customer shall be liable for the costs of repair and/or replacement of the city-owned water meter, remote reader, or equipment. Such charges shall include the labor costs of removing, repairing or replacing the city-owned water meter, remote reader, or equipment. (Ord. of 11-4-2002, art. III, § 7) Sec. 38-111. Private water individual systems. (a) Customers with private individual water systems that are planning to connect to A private water system to which the customer has connected a city water service line shall first be disconnected before city water service begins, so that water from the private system cannot feed back into the city distribution system. (b) The department reserves the right to inspect premises at any time for compliance with this section. (c) The use of pumps at a customer's premises, which pumps are connected in any way to the city water service is prohibited except upon the prior written consent of the departmentas stated within this article. (d) In no instance shall any pump use be allowed to interfere with the qualityy of service to other city customers, and/or where the possibility of damage to piping of the city or other customers could occur. The use of any pump at a customer’s premises shall automatically require the installation of a backflow device, as stated within this article. (Ord. of 11-4-2002, art. III, § 8) Sec. 38-112. On-site wells. (a) On-site wells will not be permitted for new construction where the city water supply distribution system is reasonably available, unless waived by the superintendent. (b) The owner of any house, building, or property used for human occupancy, employment, recreation, or other purposes, situated within the city and abutting any street, alley, or right-of-way in which there is located CD38:46 city water, is hereby required, at his own expense, to connect such property to the city water main within 180 days of official notice to do so, unless specifically exempted from this provision by the council. Such notice may be given in the event of a situation that may affect the health of city residents. (Ord. of 11-4-2002, art. III, § 9) CD38:47 § 38-113 SOUTH BURLINGTON CITY CODE Sec. 38-113. Water supply must be protected prior to service connec- tionCross connection control and backflow prevention. (a) No water service connection to any premises shall be installed or maintained by the city water department unless the water supply is protected as required by the most recent version of the ordinance from which this article is derived and the rules and regulations for thethe ordinance for the control of cross connections within the city. (b) Service of water to any premises shall be discontinued by the superintendent if a required backflow prevention assembly is not installed, tested, and maintained, or if it is found that a backflow prevention assembly has been removed, bypassed, or if an unprotected cross connection exists on the premises. (c) Service will not be restored until such conditions or defects are corrected. (Ord. of 11-4-2002, art. III, § 10) Sec. 38-114. Seasonal water service. Seasonal water service shall be supplied primarily from April 15 to November 1, depending on frost conditions and weather. Seasonal water customers are responsible for winterizing their water service line. The department shall only install or remove the seasonal meter and turn water off or on at the curb stop when requested by the owner. Curb stops shall be accessible to the department per this article. (Ord. of 11-4-2002, art. III, § 11) Sec. 38-115. Meter testing fee. (a) A meter test fee shall be charged against the customer's account for those who request that their city owned water meter be removed and tested. The customer shall be informed of this fee prior to the removal of the meter for testing. (b) The customer shall not be charged for a meter test if the meter is found to be registering fast, outside of AWWA standards in all flow test conditions. (c) Notwithstanding this section, residential customers may request a meter test once every five years at no cost to the customer. (Ord. of 11-4-2002, art. III, § 12) CD38:48 Sec. 38-116. Excavations for building water service connections. All excavations for building water service connections shall be adequately guarded with barricades and lights so as to protect the public from hazard. Construction within the city right-of-way shall only be performed when CD38:49 UTILITIES § 38-117 appropriate permits have been obtained. Construction within the state highway right-of-way may require a permit from the state agency of transportation. Every effort shall be made to permit vehicular traffic at all times. (Ord. of 11-4-2002, art. III, § 13) Sec. 38-1167. Water allocation. (a) Ownership of capacity. (1) The city owns the water distribution system and utilizes the CWD- owned water storage system within the city, as defined in this ordinance and CWD policies. The city is obligated to comply with conditions put forth by the state department of environmental conservation drinking water and groundwater supplyprotection division as it relates to water distribution and water storage requirements. (2) The capacity of the city's water distribution and storage system is the property of the city. (2)(3) A property’s water allocation ceases to exist and is removed from the committed reserve design capacity list once the property is connected to the water system. Once connected, the property’s demand (or usage) becomes part of the water system’s average daily demand. Owners of an existing service connection that are proposing a change in use/demand can take the service connection’s average day usage from meter readings and base future usage demands and analysis and proposals on historical water usage plus the proposed requested allocation resulting from the proposed change of use. Typically, the last three years of metered usage will be used to calculate average day usage. (4) Capacity calculations shall include a reserve capacity of 250,000 gallons per day for the City Center service area, which amount may be reduced from time to time upon the granting of final allocations for development within the City Center service area. CD38:50 (3) City Center Service Area Map (b) Reserve capacity allocation. (1) All allocations to projects shall be based on the development water demandsflow calculation. Any differential between actual demands flow once connected and the calculated development water flow requested demands is not available for reallocation for another project or for project expansion. (2) Persons seeking an allocation of from the uncommitted reserve design capacity shall complete and receive the following two (2) approvals from the department. A project shall not become part of the water CD38:51 system’s committed reserve design capacity list until the following approvals have been obtained: apply to the department for a preliminary allocation on an authorized form. a. Ability to serve water determination and;Such application shall be accompanied by a calculation of the development water demand to be generated by the project/ development following Vermont Water Supply Rule requirements; b. Unless waived by the superintendent, all calculations over 1,000 gallons per day (gpd) shall be certified by a state-registered engineerFinal capacity allocation approval. CD38:52 § 38-117 SOUTH BURLINGTON CITY CODE (c) Ability to Serve Water DeterminationPreliminary allocation determination. (1) Applicants shall apply to the department for an ability to serve water determination on the appropriate form. Such application shall: • Be accompanied by a calculation of the development water flow to be generated by the project/development, • All calculations over 1,000 gallons per day (gpd) shall be certified by a Vermont registered Professional Engineer, unless waived by the superintendent. Allocations over 10,000 gpd will also require an ability to serve letter from the CWD wholesale department, • Include payment of preliminary capacity allocation fees if any, as set forth in the rate and fee schedule. • A projection of the time period for completion of the land development project, and if phased over more than one year, a projection as to the number of units to be connected to the water distribution system. (1)(2) Upon receipt of the application for an ability to serve water determination water allocation with supportive documents, the superintendent shall make a preliminary determination regarding allocation of uncommitted reserve capacity. The superintendent ntendent shall issue award an ability to serve water determination preliminary allocation upon making affirmative findings that there is sufficient uncommitted reserve capacity, including the City Center reserve capacity, as of the date of the application to accommodate the development water supply demand for the proposed development without exceeding the water system’s permitted capacity or impacting the current water system users. (2)(3) An ability to serve water preliminary determination by the superintendent superintendent for allocation capacity shall not constitute a binding commitment of capacity to the applicant and may be revoked by the superintendent before a final allocation of capacity is granted if uncommitted reserve capacity ceases to be available. An ability to serve water preliminary determination may be used by the applicant to document that as of the date the ability CD38:53 to serve water determination was obtained, the a proposed development has sufficient water capacity available to proceed through the development review process. (d) Final capacity allocation. (1) An applicant who holds an ability to serve water determination preliminary allocation of capacity may apply for a final applicationcapacity allocation, upon occurrence ofafter having obtained the following: a. Obtained sSite plan, conditional use and/or variance approvals, if such approvals are the only approvals except a zoning permit, required for the proposed development under city zoning and subdivisions regulations then in effect; b. Obtained fFinal approval for a subdivision, planned unit develop- ment or planned residential development if such approvals are the only approvals, except a zoning permit, required for the proposed development under city zoning and subdivision regulations then in effect; c. A zoning permit if that is the only approval Obtained all approvals required under subsections (d)(1)a and b of this section, if such approvals are required for the proposed development under city zoning and subdivision regulations then in effect; or d. Does not require any approvals under city zoning and subdivision regulations then in effect. CD38:54 UTILITIES § 38-147 (2) Upon receipt of an application for a final allocation, the superintendent shall grant a final allocation approval upon determination that the applicant has an ability to serve water determination preliminary allocation which has not been revoked and that there is sufficient uncommitted reserve capacity is available for the develop- ment and that the proposed use . (2) A grant of the water final allocation complies with the allocation priorities and principales and is not in conflict with any other enactment adopted by the city. (3) Final capacity allocation approval shall constitute a binding commitment of water capacity to the applicant subject to the applicant's compliance imposed on such allocation. The final allocation shall specify the allowed volume and any other characteristics determined appropriate by the superintendent. (4) The final capacity allocation is not transferable to any other person or development, except a legally binding successor in interest of the development for which the allocation has been granted. Final capacity allocation shall run with the land and the specific land development plans referenced in the applications and shall be binding upon and inure to the benefit of said lands, their heirs, successors, and assigns until the allocation’s expiration date. (4)(5) Once the final capacity allocation approval has been obtained and the appropriate fees have been paid, the project’s construction of the connection and if necessary, the municipal water extension, may proceed. The construction of the connection and, if necessary, the municipal water extension, must be overseen by a Vermont registered professional engineer to ensure compliance with the plans and specifications and good construction practice in a manner acceptable to the city and in conformance with approved specifications. (e) Expiration of allocation. (1) A preliminary capacity allocation and the associated ability to serve determination shall expire 2 years from the date of allocation, if the applicant has failed to apply for final capacity allocation approval. (1)(2) A final capacity allocation shall expire on the first to occur of the allfollowing eventsdate that any approval required for grant of the final CD38:55 allocation expires, unless prior to such date the the applicant has obtained a zoning permit for the development and initiated the action for which the allocation zoning permit has been granted has commenced drawing water:. • Subsection (e)(1) of this section notwithstanding, for developments which anThe applicant has failed to apply for obtained a portion of the required zoning permit(s) prior to the allocation’s expiration date; • , Any applicable zoning permits have expired; (2)• the remaining portion of the final allocation shall expire five Five years from the date of issuance of the final allocation, unless extended as provided belowthe final allocation is granted, for any development that requires any approval under the city zoning or subdivision regulations, or two years from the date the final allocation is granted, for any development that does not require approval under city zoning or subdivision regulations;. (3)• The applicant may apply to the superintendent to extend the capacity allocation for one a period of either five years or two years respectively (based on the above) from the date of expiration of the final allocation. The superintendent may approve of the requested extension if the project’s proposed use of the water allocation continues to comply with the allocation priorities and principales and is not in conflict with any other enactment adopted by the city. (4)• Upon expiration of the final allocation or any portion thereof, the remaining capacity shall revert to the city and there shall be no refund of fees paid. (f) Project review and approval. The department shall strive to review and approve projects on a first-come, first-served basis. However, the department retains the right to review applications on other than a first-come, first- served basis if the department deems such action is in the city's best interest. (Ord. of 11-4-2002, art. III, § 14) Secs. 38-1178—38-147. Reserved. CD38:56 § 38-148 SOUTH BURLINGTON CITY CODE DIVISION 4. USE OF PUBLIC WATER SUPPLY SYSTEM Sec. 38-148. Primary use. The primary use of the public water supply system shall be for the supply of potable water to all connected users for residential, commercial, institutional, agricultural and industrial consumption and fire protection for structures within the area served by the distribution system. (Ord. of 11-4-2002, art. IV, § 1) Sec. 38-149. Auxiliary use of fire hydrants. (a) Auxiliary use of the public water system, such as using hydrants to fill swimming pools and the like, shall only be permitted when such uses are approved by the department and not in conflict with the primary uses under section 38-148. (b) Flooding ice rinks from hydrants is not permitted as an auxiliary use. (Ord. of 11-4-2002, art. IV, § 2) Sec. 38-150. Hydrant use; permits. (a) Except for hydrant use by fire departments in fighting fires or practicing for firefighting, or department use, all of the hydrants in the city shall require prior approval and issuance of a hydrant use permit. The fee schedule is as set forth in division 8 of this articleby the city council. The applicant shall be responsible for providing the all necessary hoses. The department shall be responsible for attaching and disconnecting hydrant nozzle gate valves, water meters and backflow devices as required. Water drawn from any fire hydrant shall be considered non-potable and therefore not normally used for human consumption without further treatmentrecommended testing. (b) Hydrant permit holders shall be financially responsible for the damage to any hydrant, meter, gate valve, or backflow device, caused by the permit holder or their agent's failure to protect said equipment during use. The hydrant use permit holder shall also be financially responsible for the loss of said equipment and for property damage associated with use of the fire hydrant. CD38:57 (Ord. of 11-4-2002, art. IV, § 3) CD38:58 UTILITIES § 38-153 Sec. 38-151. Water supplyDepartment rights in an emergency. In the event of an emergency, the department shall have the right to: (1) Temporarily cut off the water supply in order to make necessary repairs, connections, etc. While it is the intention to give notice in advance of planned work that may necessitate interruption of the supply, notice is to be considered a courtesy only, and not a requirement on the part of the city. In the case of a break in a pipeline, water may be shut off without notice to perform emergency repairs. (2) Reserve sufficient supply of water at all times in storage tanks to provide for fires or other emergencies, and restrict and regulate the quantity of water used by customers in case of scarcity or whenever the public welfare may require such restriction or regulation. (3) Prescribe any temporary regulations as necessitated by emergency conditions. (4) Deny requests for new connections and uses until sufficient reserve capacity is available. (3)(5) In the event that a break or leak develops on a customer owned service line, the customer shall be responsible for the repair. If the customer refuses or fails to make necessary repairs to a broken or leaking service line within 24 hours, water service shall be terminated until such repairs are made. The water service may be terminated as a result of a break or leak in any service line at any time when it is determined by the superintendent that a significant amount of water is being lost, the potential for property damage exists, or health and safety is threatened. (Ord. of 11-4-2002, art. IV, § 4) Sec. 38-152. City not responsible for injury, loss, or damageLiability. (a) While it is the intention to give reasonable notice in advance of any work which must be done that will necessitate interruption of the supply, such notice is considered a courtesy only, and not a requirement of the department. Failure of a tenant or customer to receive notice of interruption of service shall entail no liability on the part of the department or its employees. Customers should install all appliances and equipment CD38:59 connected with the water system in such a manner that damage will not occur if the water is shut off without notice. (b) The city shall not be liable for any injury, loss or damage of whatever nature occasioned by the failure to maintain a constant uniform pressure within the water mains, leakage of hydrants, pipes, or other appurtenances or for damages occasioned by or growing out of a stoppage of said water by frost or other causes, by any interruption of the supply of water outside of the control of the city except for willful default or negligence on its part, or for damage occasioned by or growing out of an insufficient supply of the same, or for accident or damage of any kind caused by or growing out of the use or failure of said water. (a)(c) The city shall not be liable for any loss, cost of damage or expense to any person and/or property resulting from the use or presence of municipal water service or appurtenance located on the customer’s premises. (b)(d) The city shall not be responsible for damage caused by dirty water, which may be occasioned by the cleaning of pipes, water main breaks, repairs or installations, or the opening and closing of gate valves or hydrants, when said work is done with reasonable care on the part of the department. (Ord. of 11-4-2002, art. IV, §§ 5, 6) Sec. 38-153. Water quality emergency; notification. (a) In case of a water quality emergency, the department, in accordance with ERP Chapter 21 water supply rules, shall notify the consumer immediately. CD38:60 § 38-153 SOUTH BURLINGTON CITY CODE (b) The department is ultimately responsible for water quality to the last tap on the municipal system. The term "last tap" means the last point on the system where water enters into a building and is registered at a city owned water meter. (c) Credit shall not be issued for the minimal use of water that is not fit for consumption by human or animal. (d) Water quality notices shall be lifted only after the requirements of the water supply rule of Chapter 21 have been achieved. (Ord. of 11-4-2002, art. IV, § 7) Sec. 38-154. Exemption from sewer charges as it relates to pool filling and lawn watering. (a) Independent water meters. Any homeowner may request the installa- tion installation of an independent water meter that will be exempt from sewer charges. This city owned water meter may be installed by the SBWD after all criteria are met regarding its installation. After its installation no sewer charge will be assessed to any water used through this meter. The homeowner shall be responsible for all other charges associated with the meter, including minimum billing fees charged to the account whether the meter is active or not. (b) Definition of an independent water meter. For purposes of this policy, the term "independent water meter" means one that measures water that is not discharged into the sanitary sewer system. Possible uses include lawn irrigation system meters, and designated pool filling meters. (c)(b) Criteria for installation of independent meters. All requirements regard- ing water meters as stated in this article shall apply. This city owned water meter shall be installed before the existing domestic water house meter so that no usage recorded through it is also recorded through the house domestic water meter. In addition, each independent residential meter shall have a minimum Watts Series 007dual check backflow prevention device, or approved equal, installed immediately after the independent meter. The line supplied by this meter shall have no connections to any part of the house plumbing or waste system; it shall only supply an outside spigot or irrigation system that was initially part of the applicationapplied for. The owner shall provide access to the SBWD, upon request, to test, replace, fix or inspect the independent meter. Installation of independent meters in other than residential settings shall be at the discretion of the superintendent. CD38:61 (d)(c) Pool filling. Property owners shall be encouraged to fill swimming pools from house spigots and not from hydrants whenever possible. Property owners shall be exempt from sewer charges when installing and filling a new pool or when replacing a liner that requires complete filling of the pool from CD38:62 UTILITIES § 38-154 the tap by. The property owner must notifynotifying the department no less than two working days in advance prior to filling the pool. Upon notification, a department employee will visit the property to determine the size of the pool. The department employee shall use standard pool filling quantity formulas to determine how much water will be needed. That amount shall then be credited from sewer charges at the next billing. This exemption from sewer charges shall not apply to topping off pools, or for leaks. If it is determined that it is not feasible to fill a swimming pool from a house spigot and a nearby hydrant is available for this use, then the property owner may fill from that hydrant, provided: (1) The hydrant shall only be used to fill a new pool or when filling a pool that has had a new liner installed. Topping off a pool from a hydrant shall not be permitted. (2) The department shall be notified no less than two working days prior to the pool filling. (3) The property owner shall be responsible for paying the current fire hydrant user fee in advance in addition to the current water rate for all water that passes through the hydrant meter. (4) The hydrant must be in a location so that the hose line does not cross any roads or drives in order to reach the pool. (5) The property owner shall be responsible for obtaining all hoses necessary to extend from the hydrant to the swimming pool. (6) The pool filling shall only take place between 8:00 a.m. and 2:30 p.m. (7) The property owner shall be responsible for all property damage incurred with the use of the hydrant for pool filling. (8) The department shall not be held responsible for any discolored (rusty) water discharged into the pool. If the above criteria can be met, then the department shall install a hydrant nozzle gate valve, hydrant meter and backflow prevention device with a two-inch male nipple (IPS). to the hydrant. The department shall flush the hydrant until the water appears satisfactory, close the hydrant nozzle gate valve and take a start reading from the hydrant meter. The property owner or pool company representative shall connect all hoses and open the hydrant nozzle gate valve to fill the pool. At the completion of the filling, the property owner or pool company representa- tive shall close the hydrant nozzle gate valve, disconnect the hose, and notify CD38:63 § 38-154 SOUTH BURLINGTON CITY CODE the department that the pool filling is complete. The department shall close the hydrant and take a final reading on the hydrant meter to determine actual usage for the pool filling. The property owner shall then be billed for the amount of water used metered during the pool filling process. (Ord. of 11-4-2002, art. IV, § 8) Sec. 38-155. Maintenance of Pprivate hydrants and fire sprinkler systemsservices. (a) The department maintains a listing on file of so-called private hydrants and fire services. Private water mains, and businesses within the city water distribution system with fire hydrants, or sprinkler services are billed annually. (b) The private hydrant charge is imposed in order to defer costs associ- atedassociated with the routine maintenance and testing costs incurred by the department; similar to a service contract. Costs associated with damages and charges outside of routine maintenance are billed to the private hydrant owner. The fire service charge relates to potential unmetered water use through a fire sprinkler system. (c) The fire service and private hydrant charge shall be established or revised from time to time by resolution of the city council. (Ord. of 11-4-2002, art. IV, § 9) Secs. 38-156—38-178. Reserved. Consent to ordinance. (a) This ordinance shall constitute a part of the contract between each User and the city. Each user of the city’s water distribution system shall be bound by this ordinance and all subsequent changes and amendments thereto. The user’s application for water service or, in the case of existing connected properties, the user’s use of the water distribution system, shall be considered the user’s consent to be bound by this ordinance. (b) Failure to know the information provided within this ordinance will not excuse the user from the consequences of neglect of this ordinance. (c) Whether or not a signed application for water service is made by the customer and accepted by the department, the rendering of service by the department and its use by the customer, shall be deemed a contract between the parties, subject to all provisions applicable to service as stated CD38:64 herein. Secs. 38-157—38-178. Reserved. DIVISION 5. PROTECTION FROM DAMAGE Sec. 38-179. Tampering with public water system prohibitedIntentional damage. (a) No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is part of the public water distribution system. (b) Any person violating subsection (a) of this section shall be subject to immediate arrest under the charge of unlawful mischief as set forth in 13 V.S.A. § 3701. (c) Any person violating this division, on conviction thereof, shall be fined a maximum amount allowed under state statute for each violation. (Ord. of 11-4-2002, art. V, § 1) CD38:65 UTILITIES § 38-184 Sec. 38-180. Repair or replacement costs. Actual repair or replacement costs shall be charged to the owner or operator of any motor vehicle which shall causes such damage to any fire hydrant, blow off, curb stop, or appurtenance. Hydrants, valves, curb stops, and standpipes shall not be tampered with or opened or closed by any person except department employees or authorized persons. (Ord. of 11-4-2002, art. V, § 2) Sec. 38-181. Obstruction of water distribution system prohibitedInterference. No person shall remove, carry off, or in any way, injure, interfere, meddle with any water tank, hydrant, fire plug, standpipe, valve, valve box, valve cover, curb stop, curb box, pipe, tool, apparatus, meter, reader, fixture, building, machinery or fence belonging to the city. No person shall by any means or obstruct access to any curb stop, gate valve, water main, water service, hyranthydrant, valves, curb stops, fire hydrants, or other appurtenances belonging to within the city water distribu- tion system. No fire hydrant shall have access obstructed by placing or permitting snow, debris, landscape plantings, building material, or other obstructions on or about a hydrant. (Ord. of 11-4-2002, art. V, § 3) Sec. 38-182. Contamination of public water supply unlawful. It shall be unlawful to cause or have caused the deliberate or unintentional contamination of publicly owned water mains or the water supply. (Ord. of 11-4-2002, art. V, § 4) Sec. 38-183. Permit required forUnauthorized fire hydrant use. No unauthorized use of any fire hydrant within the city shall be permitted. Any person or firm found to be in violation of this section may not be granted a hydrant permit within the city in the future. Any person or firm found to be in violation of this section shall be charged for a minimum water use fee and the hydrant hook-on fee and all civil or criminal penalties allowed. (Ord. of 11-4-2002, art. V, § 5) Sec. 38-184. Wasteful consumption prohibited. CD38:66 No person shall permit water from the water system to run to waste through any fixture for any purpose that causes wasteful consumption without the prior approval of the superintendent. The department shall restrain and prevent any and all waste of water to that end and may, when necessary, turn off water or take such other action as, in its judgment, appears proper. (Ord. of 11-4-2002, art. V, § 6) CD38:67 § 38-185 SOUTH BURLINGTON CITY CODE Sec. 38-185. ViolationWater Conservation. It shall be a violation of this article for any customer to violate a city conservation notice or order. Upon a finding by the city, CWD, DWGWPD, or the Vermont Department of Health that there exists an actual, potential or anticipated threat to the potability, sufficiency, quality, quantity or integrity of the public water supply system, including its tributaries and sources, the city may direct one or more of the following water conservation measures for all consumers of the water supply: 1) A voluntary conservation request seeking the restriction, curtailment or cessation of non-essential water use, including but not limited to, motor vehicle washing, lawn, garden and landscaping watering, street and exterior building cleaning, filling swimming pools, agricultural irrigation, and industrial processing. 2) A prohibition against watering yards and vegetation, washing motor vehicles and mobile equipment, cleaning outdoor surfaces and buildings, operating ornamental fountains and water-consuming displays and the filling or topping off of swimming pools. This prohibition shall not apply to commercial enterprises or watering of food crop trees. 3) An emergency water conservation notice prohibiting the use of water for any activity specified under subsection (1) hereof, and/or limiting the quantity of water to be used on any premises directly or indirectly connected to the city’s water system. 4) A mandatory water conservation order prohibiting the use of water for any purpose other than to prevent an immediate and serious health hazard. Notice of any water conservation measure adopted herein shall be disseminated immediately through the local media and local electronic sites. In addition, such notice may be served upon the occupants of all commercial and industrial premises connected directly or indirectly to the city’s water distribution system. (Ord. of 11-4-2002, art. V, § 7) CD38:68 Secs. 38-186—38-208. ReservedWaterline mark out. (a) Except in cases of emergency, an owner or permittee shall notify the department at least seven days before the start of any water line work in order to allow ample time for the department to mark out it’s owned buried utilities, if any, in the area of the work. It shall be the responsibility of the owner or permittee to coordinate with all other utilities affected by the work and to provide notification to “Dig Safe” and/or other utility locating services as required by Vermont Law. The department marks out only the locatable water utilities belonging to the city. The department does not mark out telephone, electric, cable TV, or any other pipes, cables or conduits. (b) The department shall not be responsible or held accountable for locating any water lines the city does not own. Service line locating between the curb stop and building shall be at the discretion of the department. Secs. 38-187. Protection from freezing. (c) When, in the opinion of the superintendent, extended cold weather increases the risk of a water main or service line freezing, the superintendent may authorize or request certain users to let water run to minimize such risk. The department shall keep a list of such users. When authorized, the water and sewer bill for that usage period will be adjusted to reflect the amount of water estimated to have been used for the purpose of freeze-up prevention. (d) Water users who have experienced service line freezing may request the superintendent for authorization to let the water run as noted above. (e) No adjustment of billing will be made for water left running to prevent freezing of any pipes other than the water service line. Secs. 38-188—38-208. Reserved. DIVISION 6. POWERS AND AUTHORITY OF INSPECTORS* Sec. 38-209. Inspection by superintendent of properties; powers and authority; disconnection of serviceRight to access. (a) The superintendent and other duly authorized employees of the CD38:69 department bearing proper credentials and identification shall be permitted to enter all properties containing a city owned water meter with fair notice to the building owner, resident or occupant, at a reasonable hour, for the purposes of inspection, meter reading, replacement or repair, observation, measurement, sampling, and testing and maintenance in accordance with the provisions of this article. (b) If a property owner, resident or occupant denies the superintendent or other duly authorized employees of the department access after reasonable notice has been provided to the property owner, resident or occupant, the superintendent may direct disconnection on 48 hours' written notice to the owner, resident or occupant. Once water service has been disconnected, it will not be restored until access has been provided and the department has been paid all applicable charges. (Ord. of 11-4-2002, art. VI, § 1) Sec. 38-210. IndemnificationSafety. While performing the necessary work on private properties referred to in section 38-209, the superintendent or duly authorized employees of the department shall observe all safety rules applicable to the premises established by the owner or tenant, and the owner or tenant shall be held harmless for injury or death to the department employees. The department employees and the department shall indemnify the owner or tenant against liability claims and demands for injury or property damage, except as may be caused by *State law reference—Uniform water and sewer disconnection regulations, 24 V.S.A. § 5141 et seq. CD38:70 UTILITIES § 38-233 negligence or failure of the owner or tenant to maintain safe premises or conditions, including conduct of agents or employees of the owner or agent, as applicable. (Ord. of 11-4-2002, art. VI, § 2) Sec. 38-211. Inspection by superintendent of private properties; entry and subsequent work on easementEntry onto easement properties. The superintendent and other duly authorized employees of the depart- ment bearing proper credentials and identification shall be permitted to enter all private properties through which the city water department holds an easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, calibration and maintenance of any portion of the water works lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the easement pertaining to the private property involved. Failure to allow such access shall be considered a material failure to comply with this ordinance. (Ord. of 11-4-2002, art. VI, § 3) Sec. 38-212. Authority to inquire into any processes affecting safe, potable water. The department shall have the authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other uses beyond the water meter or backflow prevention device that may have a direct bearing on providing safe, potable water to its users. It shall be the duty of every person supplied water by the city to answer inquiries made by the department or its agents in regard to quantity, purposes and manner in which the water is used on the premises to the extent that such use may have a direct bearing on providing safe, potable water to users of the City’s water supply. (Ord. of 11-4-2002, art. VI, § 4) Secs. 38-213—38-232. Reserved. Secs. 38-213—38-232. Reserved. CD38:71 DIVISION 7. PENALTIES Sec. 38-233. Civil penalties; waiver fees. (a) Any violation of this article, except as set forth in section 38-234, may be pursued as a civil violation utilizing the civil ordinance enforcement procedures set forth in 24 V.S.A. § 1974aChapter 59.. Any person who violates a provision of this ordinance or who violates any condition of a permit issued hereunder shall be subject to a civil penalty of up to $800 per day for each day that such violation continues. Any law enforcement officer or the director of public works, city engineer, or water department superintendent may act as an issuing municipal Official and issue and pursue before the judicial bureau a municipal complaint for any violation of any provisions of this ordinance. (b) Each day a violation continues shall be considered a new violation. (c) An issuing municipal official is authorized to recover civil penalties in the following amounts for each violation: CD38:72 § 38-233 SOUTH BURLINGTON CITY CODE Civil Penalties - Water System First offense $2050.00 Second offense $40075.00 Third offense $60150.00 Fourth offense and subsequent offenses $8300.00 Fifth offense and subsequent offenses $500.00 Offenses shall be counted on a calendar-year basis. (d) In such civil proceedings, an issuing municipal official is authorized to recover a waiver fee, in lieu of civil penalty, in the following amount, for any person who declines to contest a municipal complaint and pays the waiver fee: Waiver Fees - Water System First offense $1020.00 Second offense $2040.00 Third offense $3080.00 Fourth offense and subsequent offenses $40160.00 Fifth offense and subsequent offenses $350.00 Offenses shall be counted on a calendar-year basis. (Ord. of 11-4-2002, art. VII, § 1) Sec. 38-234. Violations. Any violation of the sections set forth below may be pursued as a criminal violation utilizing the criminal ordinance enforcement procedure set forth in 24 V.S.A. § 1974: (1) Sections 38-75 and 38-76. (2) Sections 38-104, 38-111 and 38-113. (3) Section 38-150. (4) Section 38-182. (Ord. of 11-4-2002, art. VII, § 2) Sec. 38-2354. City has right to institute civil action. In addition to the enforcement authority set forth above, the city shall have the right to institute civil action which it deems appropriate to obtain injunctive or monetary relief. (Ord. of 11-4-2002, art. VII, § 3) CD38:73 UTILITIES § 38-267 Sec. 38-236235. Notice of violation; correction. The department shall, when in its discretion time allows, provide any person found to be violating any provision of this article with written notice stating the nature of the violation and providing a reasonable time period for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, correct the violation. (Ord. of 11-4-2002, art. VII, § 4) Secs. 38-237236—38-265. Reserved. DIVISION 8. RATES AND FEES Sec. 38-266. Authority to establish rates. (a) The city council shall have the authority to establish rates, including service initiation fees, allocation fees, fire suppression fees, water turn on/off fees, connection fees, hydrant use fees, user fees, turn-on/shut-off fees, remote reading fee, and other similar fees to defray the costs of planning, design, construction, operation and maintenance of the system. (b) The rates shall be established by resolution at an open meeting of the city council and are shown in the adopted rate and fee schedule. (Ord. of 11-4-2002, art. VIII, § 1) Sec. 38-267. Service application, connection and initiationNew Connection fee. (a) All new users shall pay an allocation and service connection fee after at the time of submittal of the application for water serviceability to serve water determination and final water capacity allocation approvals have been obtained, but prior to construction to connect to the water system. (a)(b) An applicant having a development project involving a single use or unit shall pay one hundred percent (100%) of all connection fees after final allocation approval and before any connection is made to the water distribution system. An applicant having a development project involving multiple dwellings shall pay a connection fee and water allocation fee at the time of request for a water meter. (b)(c) The water service application connection fee is a two-part one- CD38:74 time charge implemented to defray the costs of administering and monitoring the new connection. fee comprised of a service connection fee and a water service initiation fee. (c)(d) The service connection fee defrays the city's water system’s past, current and future costs, both direct and indirect, of providing potable water and water for fire protection to the customer. (d)(e) The water service initiationallocation fee covers defrays the city’s costs of replacement of existing infrastructure and construction of new infrastructure required to increase the system’s capacity. Other infrastructure assessment fees may be added to recover system investments as authorized by the city council.tapping the water main based on time and material. (e)(f) See rate and fee information in section 38-50. (Ord. of 11-4-2002, art. VIII, § 2) CD38:75 § 38-268 SOUTH BURLINGTON CITY CODE Sec. 38-268. Hydrant use fees. (a) In conjunction with the approved use of any hydrant within the city water distribution system A hydrant use fee shall be paid by all users (not including the fire department while fighting or practicing the fighting of fires) for use of any hydrant within the city's distribution system at the time of submittal for the application forapplicants shall pay a hydrant use fee to the department. (b) The hydrant fee schedule is on file in the city clerk's office. (c) In addition to payment of the hydrant use fee, the applicant shall be responsible for payment of normal userusage fees for all water taken from the hydrant, either as measured at the meter or a minimum or determined usage charge, whichever is applicable. (d) All hydrant use must be completed during normal department working hours so as to allow adequate time for shut down and retrieval of the meter. (e) Hydrant use in excess of the standard one-day period may be approved by the superintendent if such use is determined not to be in conflict with any provision of this article. (f) Any outstanding balance due for water charges from a requesting individual or firmperson shall be paid in full prior to connecting a hydrant meter to any hydrant within the city. (Ord. of 11-4-2002, art. VIII, § 3) Sec. 38-269. Water usageMinimum customer fees. A user fee shall be paid by all users of the department city water system that include a base rate and usage fee based upon the multiplied product of their metered water usage, and a minimum water rate per 1,000 cubic feet as set by the city council, except as set forth in subsection (1) or (2) of this section, and as shown in the rate and fee schedule on file in the city clerk's office: (1) There shall be a minimum water usage fee for each individual account, the equivalent of 1,000a minimum usage quantity in cubic feet per billing cycle, which shall be set by the city council. a. The minimum use fee includes: • Capital costs, variable costs, and costs of service: those expenses directly associated with serving customers, CD38:76 irrespective of the amount of water used, that include meter reading, billing, accounting and collecting of expenses, maintenance and capital costs related to meters, services, and system investments. These costs also include fire protection costs for hydrant maintenance, water supply and use of hydrants for fire protection afforded to all usersreflects the fact that all users of the system receive some level of fire protection in addition to the benefit of potable water use. This charge is also based in part of the significant portion of water system expenses that are independent of actual customer usage. a.• Also included are costs for the operation and maintenance expenses associated with water systems, including supply, treatment, distribution, and demand. b. This fee is payable whether or not water is physically turned on or off to the facility at the meter during part or all of the billing CD38:77 UTILITIES § 38-271 period, provided the service connection is physically connected to the main line. Water service termination at the curb stop needs to be arranged with the department in order to not be responsible for at least thea minimum quarterly bill. No abatement of water rates will be allowed by reason of disuse, diminished use, or vacancy of premises without proper notice to the department, and the termination of water at the curb stop. (2) Any account that has been finalized between regular billing cycle readings shall be billed for the larger of: the actual metered usage, the estimated usage, or the minimum charge for the billing period, when 30 days or more have occurred since the last reading. For readings less than 30 days apart, no water usage charge shall be applied, unless actual usage is 1,000 cubic feet or moregreater than the minimum usage quantity established by council. (2)(3) In the event that a water meter has been misread to records, or otherwise records the consumption of an amount of water which is different than the actual amount of water consumed, the department shall recover the monies due for the actual amount of water consumed. The department shall correct any errors made by the department immediately upon detection, and adjustment shall be made accordingly upon the authority of the city manager. The department shall keep a record of any adjustment for the correction of errors. In the event of overcharging, a refund shall be paid to the customer who paid the bill. If the current customer who was not the customer at the time the overcharging/undercharging was made, the city manager shall cause such adjustment as necessary for fairness and equity. (Ord. of 11-4-2002, art. VIII, § 4) Sec. 38-270. Shut-off and turn-on feesFees for turning water on/off. (a) There shall be water shut-off and turn-on fees as determined by the city council for turning on and shutting off water at the curb stop or fire sprinkler valve. (b) These fees shall be charged in all cases, except when it is determined that there is an emergency problem with the service connection between the city owned water main and water meter. curb stop and the main line or a problem with the meter or meter connection fittings. (c) Fees for services associated with delinquency disconnects shall be the CD38:78 maximum allowed under 24 V.S.A. ch. 129, Uniform Water and Sewer Disconnect. (d) The owner of the property is responsible for all problems between the city owned curb stop (not including the curb stopdefined herein) and the building water meter with exception of the city owned water meter itself, which is the department's responsibility. (e) When multiple service calls are required for a single repair, each call shall be billed individually. (f) These fees are shown in the rate and fee schedule on file in the city clerk's office. (Ord. of 11-4-2002, art. VIII, § 5) Sec. 38-271. Sinking fundExcess revenue. Excess revenues may be placed into: (a) a sinking fund, accessible for use in paying off existing water system debt, or (b) Into a capital reserve fund which can be used to pay the cost of improvements toon the water system related construction improvements, or debt retirement. The city council may create one or more dedicated funds under Vermont statues annotated to finance major rehabilitation, major maintenance and costs of upgrading the city’s water distribution system, and for the accumulation of funds to be used to match federal funds pursuant to said statutes. The fund balance of such a dedicated fund shall not exceed the estimated costs of the purposes for which the fund was established and shall be maintained in deposits insured by the United States of America or an agency of the United States. Withdrawals shall be made only for the purposes for which the fund was established. The dedicated fund shall meet the requirements set out for eligibility in the state’s revolving loan fund, as applicable. (Ord. of 11-4-2002, art. VIII, § 6) CD38:79 § 38-272 SOUTH BURLINGTON CITY CODE Sec. 38-272. Water charge invoice; delinquencyBilling cycles. (a) Water charges will be invoiced quarterly to residential and commercial accounts. Water charges shall be payable on or before the 30th day following the date of the invoice or a later date as shown on the invoice. In the event that such charge is not paid when due, interest of 1 percent shall be imposed by the department per month after the first 30 days of delinquency and monthly thereafter until the invoice is paid. If any account shall remain delinquent, the department may also take action that is consistent with the provisions of 24 V.S.A. ch. 129, Uniform Water and Sewer Disconnect, as presently constituted and as amended from time to time, to obtain payment of delinquent charges or to discontinue water service. Such charges shall be a lien upon the real estate as provided in 24 V.S.A. § 3306 and 32 V.S.A. § 5061. (b) New water connections made during a billing period shall be billed on the following basis: The billing shall include a base rate and will be the larger of the actual metered billing, the estimated usage, or the minimum charge for the billing period. (Ord. of 11-4-2002, art. VIII, § 7) State law reference—Uniform water and sewer disconnection regulations, 24 V.S.A. § 5141 et seq. Sec. 38-273. Applicants responsible for payment of billsWater charges. (a) In consideration of water service supplied by the departmentcity, all applicants agree to be responsible for payment of all bills rendered for all water used by the applicantowner, customer their tenants, successors in tenancy or in ownership, and all other operations at the specified location, unless and until proper notice is given to the department of termination of service on a specific date. The applicant shall agree to abide by all rules and regulations established by the department, consistent with enforcement of the provisions of this article. (b) All water charges will be billed to the owner of record of the facility served, unless waived by the department. Upon written request, the department may provide billing to the owner of record water bills for all tenants within the facility provided each tenant has an individual metertenant within the facility of record. Although another person may pay the service rate, the owner of the premises shall be held responsible for such fees. In the event the tenant fails to pay all charges on a timely basis, the landlord will be solely responsible for all future and delinquent charges. CD38:80 Each time a bad check is received for payment of a CD38:81 UTILITIES § 38-278 water bill the account shall be charged that amount as listed in the rate and fee schedule on file in the city clerk's office in addition to any other penalties. It shall be the responsibility of the Owner to notify the department of any change in ownership of the property. Failure to receive a bill caused by others does not relieve the customer of the obligation for payment or payments of penalties for late payment. (c) There will be a fee for interim or final bills requested due to a change of owners or tenants as listed in the rate and fee schedule on file in the city clerk's office. This fee is in addition to any charges owed for metered water. (Ord. of 11-4-2002, art. VIII, § 8) Sec. 38-274. Fire Ssprinkler line annual feesystems. Each structure served by a fire suppression system (sprinklers) shall pay an annual fee for each sprinkler line serving a building based upon fees established by the city council.ed by the public water main. The fee is shown in the rate and fee schedule on file in the city clerk's office. (Ord. of 11-4-2002, art. VIII, § 9) Sec. 38-275. Rate and fee schedule review. The rates and fees referred to in section 38-50 may be reviewed and updated by the city council on an as-needed basis. (Ord. of 11-4-2002, art. VIII, § 10) Sec. 38-276. Residential and serviceCWD water application fee. The department residential and commercial service application fee shall be assessed to each building that has applied for a tap to a CWD-owned transmission main, in addition to any connection charges levied by the CWD. In addition, all other rates and fees shall apply according to this article. (Ord. of 11-4-2002, art. VIII, § 11) Sec. 38-277. Final water readings. In the case of new construction, the department shall read the water meter at the time of closing. The department shall read the water meter for real estate transfers when requested by either party for their real estate closing. This reading shall be used as the final reading and will include new property owner information as required by the department. for real estate transfers involving the new premises, when the information is requested by either party for their real estate closing. (Ord. of 11-4-2002, art. VIII, § 12) CD38:82 Sec. 38-278. Lien priorityCurb stop operation fee. A customer may request that the department operate the curb stop instead of the cellar stop when performing meter maintenance and upgrades, and disconnections. Such request shall be made in writing and be valid through the end of the then-current calendar year. Any customer that requests such curb stop operation shall pay a fee as determined by the city council, per occurrence. Sec. 38-279. Lien priority. By accepting water service from the city, the customer, theirhis transferees, successors, and assignees, together with any record lien holders of customer, agree that a lien applied by the department city shall have priority over all liens, except real estate tax liens. A change of tenants or owners will not relieve the premises from such lien. (Ord. of 11-4-2002, art. VIII, § 13) Sec. 38-280. Abatement. For good cause shown, the city manager may abate any bill and/or fees charged herein. The manager, or their designated agent, will review in private session with the person requesting abatement that person’s need for abatement. The manager may abate any bill and/or fees by decision in writing because of financial hardship and inability to pay only or may set up an installment payment schedule. In the event of a default in the installment payment schedule, water service may be terminated upon the terms and conditions provided herein. CD38:83 § 38-279 SOUTH BURLINGTON CITY CODE Secs. 38-28179—38-304. Reserved. DIVISION 9. DISCONNECTION POLICY* Sec. 38-305. Purpose. This water service disconnection policy outlines the water department's conditions of termination and pertinent regulations and allows for the disconnection of water or sewer services, or both, as a delinquency collection procedure for water or sewer delinquencies. (Ord. of 11-4-2002, art. IX) Under the uniform water and disconnect, 24 V.S.A., Chapter 129, water accounts which are not paid within thirty (30) days of the bill’s receipt or postmark date, whichever is greater in time, become delinquent and may be disconnected. Disconnections are subject to certain restrictions as specified in the Vermont Statutes. Before disconnection can occur, the customer must be given notice of delinquency and advised of the possibility of having its service interrupted. The notice must meet the requirements stipulated in 24 V.S.A, Chapter 129. (Ord. of 11-4-2002, art. IX) Sec. 38-306. Reconnections requested outside normal working hours. It is the policy of the department that reconnections requested outside normal working hours shall only be made in special circumstances and in compliance with 24 V.S.A. § 5141 et seq., as determined by the superintendent or the city manager. (Ord. of 11-4-2002, art. IX) Sec. 38-307. Reconnection rates. Water that is disconnected pursuant to 24 V.S.A. ch. 129 shall be reconnected at the following rates: Reconnection Rates CD38:84 Collection trips (trip maximum, regardless of number) $25.00 Reconnection: Normal hours (7:00 a.m. to 3:30 p.m.) $25.00 Overtime (after 3:30 p.m., weekends, holidays) $37.50 (Ord. of 11-4-2002, art. IX) Secs. 38-308—38-319. Reserved. *State law reference—Uniform water and sewer disconnection regulations, 24 V.S.A. § 5141 et seq. MEMORANDUM TO: Jessie Baker, City Manager South Burlington City Council FROM: Paul Conner, Director of Planning & Zoning Jared Pellerin, Deputy City Attorney SUBJECT: Draft Sign Ordinance Amendments; First Reading DATE: April 1, 2024 City Council meeting Enclosed with your packet please find a series of proposed amendments to the Sign Ordinance. The principal driving force of these proposed amendment are the changes to account for the construction of City Center, the pending occupancy of new buildings along Market Street and beyond, the needs of the community, best practices, lessons from the pandemic, and recent court decisions. The Sign Ordinance was last amended in 2010. Alongside the City Center amendments are a number of other proposed changes stemming from the age of the ordinance. These include amendments to account for Supreme Court decisions issued in that time, greater flexibility in the placement of wall signs and timeframes for sidewalk signs, and overall clarifications. Key Changes include: •Perpendicular and Free-standing signs in City Center. New free-standing signs are prohibited in City Center except along major thoroughfares. Instead perpendicular projecting signs affixed to buildings are allowed and encouraged. This allowance is extended city wide as well at the property owner’s discretion. •Sidewalk/Event signs. Current regulations allow each business to install one sidewalk sign for up to 7 days per month, with receipt of a permit for each time it is installed. The amendment would allow businesses to maintain one sidewalk sign up to 3’x4’ year-round, and allow each property to have a larger event sign once per month for up to 7 days. •Process / design streamlining. In several instances the current ordinance has redundant standards. These include both the Master Signage Permit (requiring an overall sign package approval prior to obtaining a permit for individual signs on a parcel) and overlap between the City Center Sign District and other standards. The Master Signage Permit is proposed to be removed, while the City Center Sign District’s standards are simplified. • Lighting of signs. Extends existing standards that internally-illuminated signs must have opaque backgrounds from City Center to City wide and clarifies that lighting for all business signs must be turned off at midnight unless the business is open after that time. • Content-based sign standards. The US Supreme Court issued rulings a few years ago that severely curtails content-based sign standards. Several updates within these amendments are intended to move towards greater compliance with these rulings. • Interface with Land Development Regulations. The Proposed amendments improve alignment with standards in the LDRs in a variety of spaces. • Wall sign flexibility. Single-tenant buildings may now have 3 instead of 2 wall signs, using the same total area. • Nonconforming signs. Updates non-conformity language, creating greater clarity and slightly adjusting the time period for signs to come into compliance with the new ordinance. • General clarifications. Several updates provide for improved clarity of the standards. The amendments were discussed with the Economic Development Committee last fall, which expressed support for the draft presented to them. Recommendation: Staff recommends the Council review and consider the amendments and when ready, to schedule a second reading / public hearing on the same. Sign Ordinance DRAFT APRIL 1, 2024 SIGN ORDINANCE 2 City of South Burlington Ordinance DRAFT 2024-04-01 Table of Contents 1. Authority and Purpose ...................................................................................................................... 4 2. Definitions ......................................................................................................................................... 5 3. Permit Required .............................................................................................................................. 11 4. Permit Fees...................................................................................................................................... 11 5. Dorset Street/City Center Sign District. ........................................................................................... 11 6. Application for Sign Permit ............................................................................................................. 13 7. Master Signage Permits .................................................................................................................. 14 8. Free-Standing Signs ......................................................................................................................... 16 9. Wall Signs ........................................................................................................................................ 26 10. Directory and Entryway Signs ......................................................................................................... 30 11. Incidental and Directional Signs ...................................................................................................... 30 12. Signs in Residential Areas ................................................................................................................ 32 13. Landscape Feature Signs ................................................................................................................. 33 14. Airport Signage ................................................................................................................................ 34 15. Perpendicular Signs ......................................................................................................................... 34 16. Real Estate and Construction Project Signs ..................................................................................... 35 17. Miscellaneous Types of Signs .......................................................................................................... 36 18. Temporary Signs .............................................................................................................................. 37 19. General Sign Requirements ............................................................................................................. 39 20. Lighting ............................................................................................................................................ 41 21. Regulations for Establishments Selling Gasoline ............................................................................. 42 22. Exemptions ...................................................................................................................................... 42 23. Non-Conforming Signs .................................................................................................................... 45 24. Unsafe Signs ................................................................................................................................... 46 25. Removal of Certain Signs ................................................................................................................. 46 26. Revocation of Permits ..................................................................................................................... 47 27. Renewal of Permits ......................................................................................................................... 47 28. Appeals ............................................................................................................................................ 47 29. Enforcement ................................................................................................................................... 47 32. Conformity with State Law .............................................................................................................. 49 APPENDIX A .................................................................................................... Error! Bookmark not defined. SIGN ORDINANCE 3 City of South Burlington Ordinance DRAFT 2024-04-01 1. Authority and Purpose ...................................................................................................................... 3 2. Definitions ......................................................................................................................................... 3 3. Permit Required ................................................................................................................................ 8 4. Permit Fees........................................................................................................................................ 8 5. Dorset Street/City Center Sign District. ............................................................................................. 9 6. Application for Sign Permit ............................................................................................................. 10 7. Master Signage Permits .................................................................................................................. 11 8. Free-Standing Signs ......................................................................................................................... 13 9. Wall Signs ........................................................................................................................................ 22 10. Directory and Entryway Signs ......................................................................................................... 26 11. Incidental and Directional Signs ...................................................................................................... 26 12. Signs in Residential Areas ................................................................................................................ 28 13. Landscape Feature Signs ................................................................................................................. 28 14. Airport Signage ................................................................................................................................ 29 15. Perpendicular Signs ......................................................................................................................... 29 16. Real Estate and Construction Project Signs ..................................................................................... 30 17. Miscellaneous Types of Signs .......................................................................................................... 31 18. Temporary Signs .............................................................................................................................. 32 19. General Sign Requirements ............................................................................................................. 33 20. Lighting ............................................................................................................................................ 35 21. Regulations for Establishments Selling Gasoline ............................................................................. 36 22. Exemptions ...................................................................................................................................... 36 23. Non-Conforming Signs .................................................................................................................... 38 24. Unsafe Signs ................................................................................................................................... 39 25. Removal of Certain Signs ................................................................................................................. 39 26. Revocation of Permits ..................................................................................................................... 39 27. Renewal of Permits ......................................................................................................................... 40 28. Appeals ............................................................................................................................................ 40 29. Enforcement ................................................................................................................................... 40 32. Conformity with State Law .............................................................................................................. 41 APPENDIX A ................................................................................................................................................ 42 SIGN ORDINANCE 4 City of South Burlington Ordinance DRAFT 2024-04-01 South Burlington Sign Ordinance Adopted: June 3, 2002 Amended: April 8, 2003 March 8, 2005 November 22, 2005 June 21, 2006 May 6, 2008 June 1, 2009 July 20, 2009 MAY 3, 2010 AN ORDINANCE TO REGULATE SIGNS IN THE CITY OF SOUTH BURLINGTON The Council of the City of South Burlington hereby ordains: SECTION 1. Short Title This ordinance shall hereafter be known and cited as the "South Burlington Sign Ordinance". SECTION 21. Purpose and Authority and Purpose This ordinance is enacted by the City Council under the authority it is granted to regulate signs set forth in 24 V.S.A. Section 2291 and Section 104 of the South Burlington City Charter. The purpose of this Ordinance 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. 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. 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. SIGN ORDINANCE 5 City of South Burlington Ordinance DRAFT 2024-04-01 This ordinance is enacted by the City Council under the authority it is granted to regulate signs set forth in 24 V.S.A. Section 2291 and Section 104 of the South Burlington City Charter. This ordinance shall constitute a civil ordinance within the meaning of 24 V.S.A. Chapter 59. SECTION 32. Definitions This ordinance is enacted by the City Council under the authority it is granted to regulate signs set forth in 24 VSA § 2291 and Charter § 13-104. This ordinance shall constitute a civil ordinance within the meaning of 24 VSA Chapter 59. 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) "A-Frame" or "Sandwich Board" as used in this Ordinance shall be interchangeable terms that mean a moveable sign not secured or attached to the ground or surface upon which it is located, butlocated but supported by its own frame and most often forming the cross-sectional shape of an “A”. (b) "Action Sign" as used in this Ordinance shall mean tThe 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. (c) "Animated Sign" as used in this Ordinance shall mean aAny 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. (d) "Area of Sign" as used in this Ordinance shall mean: (A) (1) fFor cut-outCut-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 figure or figures needed to completely encompass all letters, including vertical and horizontal spacings between letters (see Illustration 10.1). In no case shall the basis for the resulting area of the sign exceed one hundred (100) square feet. Illustration 3-1 Area of a Wall Sign with Cut-Out Letters SIGN ORDINANCE 6 City of South Burlington Ordinance DRAFT 2024-04-01 (B) (2) fFor 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. (C) (3) sSigns having two (2) 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-frameA-Frame" or "sandwich board" sign, the area shall be calculated for one side of the "A-frameA-Frame" or "sandwich board" only. (D) (4) fFor signs having more than two (2) sides, the relevant sign area shall be the sum of all areas on which information and/or graphics are displayed. (f) "Backlighted Letter" as used in this Ordinance shall mean aAn 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. (g) "Banners and Pennants" as used in this Ordinance shall mean aAny 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. (h) "Billboard Sign" as used in this Ordinance shall mean aAny 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. Calculating the Area of a Wall Sign with Cut-Out Letters JIM’S STEAKS h w Area = h x w PAT’S T E A K S C H ESE w(1) h(1) Area = sum (w x h) For cut-out letter signs, area is calculated by adding up the area of the smallest regular geometric features needed to completely enclose the sign. In the example on the right, the sign area would be the sum of the four rectangles that would be drawn to enclose all of the letters on the sign. SIGN ORDINANCE 7 City of South Burlington Ordinance DRAFT 2024-04-01 (i) "Code Officer" as used in this Ordinance shall mean tThe individuals in City Government designatedned by the City Council to administer and enforce this Ordinance. The Code Officer may delegate his authority hereunder to such assistants as may be authorized by the City Council. (j) "Construction or Project Signs" as used in this Ordinance shall mean aAny sign or advertising device erected on a project site prior to or during a new construction project, substantial renovation project or exterior painting projectproject. (k) "Cut-Out" or "Cut-Out Letters" shall mean lLetters, numbers, emblems and symbols which are detached or separately molded from the material from which they were made. (l) "Depth" as used in this Ordinance shall mean tThe 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. (m) "Directional Sign" as used in this Ordinance shall mean aA 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. (n) "Directory Sign" as used in this Ordinance shall mean Aa 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, andbuildings and may include identification of incidental services or facilities in the same building or development. (o) "Erect" as used in this Ordinance shall mean tTo building, construct, attach, hang, place, suspend or affix, and shall also include the painting of Wall signs. Feather Flag Sign An upright portable sign that contains a harpoon-style pole or staff driven into the ground for support or supported by means of an individual stand. (p) "Florescent Colors" as used in this Ordinance shall mean Ccolors that reflect not only their own color, but also convert the shorter wave lengths into radiant energy causing them to appear 3 to 4 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. (q) "Free-Standing Sign" as used in this Ordinance shall mean a 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 free-standing signs and shall be subject to all provisions of this Ordinance. (r) "Gross Façade Area" as used in this Ordinance shall mean tThe gross surface area of all exterior Walls of a building exposed to public view. (s) "Incidental sign" as used in this Ordinance shall mean aA 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. SIGN ORDINANCE 8 City of South Burlington Ordinance DRAFT 2024-04-01 Inflatable or wind sign Any objects inflated or otherwise supported or moving by air, wind, or other gasses, used to advertise goods or services or direct attention to the property on which such signit is located, regardless of whether text or graphics are included. (t) "Interpretive Signage" as used in this Ordinance shall mean aA 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. (u) "Landscape Feature Sign" as used in this Ordinance shall mean a A free-standing solid Wall or solid earthen berm, made of soil or other natural materials as defined in this Ordinance, and not attached to any building, that has been approved by the South Burlington Development Review Board or Administrative Officer in accordance with the provisions of the South Burlington Land Development Regulations, as amended. Fences shall not be considered landscape features for purposes of this ordinance, irrespective of the material of which the fence is made. (v) "Logo" as used in this Ordinance shall mean a A symbol or design that represents goods, identity or service. (w) "Lot" as used in this Ordinance shall mean a A parcel of land owned by a lot owner, the boundaries of which are: 1) established by a deed or deeds recorded in the land records of the City of South Burlington, and the records of any public road right-of-way; or 2) shown on a plat approved by the South Burlington Planning Commission or Development Review Board pursuant to subdivision regulations, provided such approval has not expired. When a lot owner owns a lot which fails to meet minimum lot size requirements under the South Burlington 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: 1) 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; or 2) contiguous lots which are devoted to uses approved as separate uses under the South Burlington Land Development Regulations shall constitute separate lots provided such uses are conducted in compliance with the terms and conditions of the approvals granted; or 3) contiguous lots which are shown on a plat approved by the South Burlington Planning Commission or Development Review Board pursuant to subdivision regulations shall constitute separate lots provided such approval has not expired. (x) "Lot owner" as used in this Ordinance shall mean tThe record owner of fee title to a Lot. (y) "Luminescent" as used in this Ordinance shall mean A any light, produced by the action of electricity in an enclosed gas, such as neon, argon or fluorine. (z) "Luminous Material" as used in this Ordinance shall mean aA material that stores light and glows in the dark. The glow can be described as a weak soft light. Maintain a Sign When the words "maintain a sign" or words of similar effect are used herein in reference to the ability for a sign to continue in existence, it shall be interpreted as such or when used in a manner referring to the keeping of a sign in good order, it shall carry such meaning. SIGN ORDINANCE 9 City of South Burlington Ordinance DRAFT 2024-04-01 (aa) "Marquees, canopies or awnings" as used in this Ordinance shall mean b Building mounted fabric and frame constructions or free-standing 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. (e) "Marquee, Awning, canopy or marquee Awning sign" as used in this Ordinance shall mean lLogos 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 Ordinance, 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 (c)(2) as defined under “Area of a Sign”above. (bb) "Mural" as used in this Ordinance shall mean a 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. (cc) "Name Plate Sign" as used in this Ordinance shall mean any sign not more than one (1) square foot in area used to identify the owner or owners of a private residence. (dd) "Natural Materials" as used in this Ordinance shall mean iI Indigenous materials such as plants, shrubs, trees, wood that is stained or painted a neutral brown or grey color, unpainted stone, decorative textured masonry or concrete, and unpainted brick. "Natural Materials" shall not include glass or smooth (un-textured) poured concrete for purposes of this Ordinance. (ee) "Off-Premise Signage" as used in this Ordinance shall mean a Any sign that is not displayed on the same premises where the goods, entity or services advertised are located. (ff) "Parapet Wall" as used in this Ordinance shall mean a 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. Perpendicular Sign A sign attached to, or hanging from a structure attached to the wall of a building or structure with the exposed face of the sign in a plane perpendicular or roughly perpendicular to the face of said wWall. A perpendicular sign shall not be considered a wall sign (gg) "Person" as used in this Ordinance shall mean and include aAny person, individual, firm, partnership, association, corporation, company or incorporated or unincorporated organization or group of any kind. (hh) "Plate Line" as used in this Ordinance shall mean tThe point at which any part of the roof structure first touches, or bears upon, an external Wall. (ii) "Point-of-Purchase Sign" as used in this Ordinance shall mean tThe signage that advertises a product at its point of sale, or "point of purchase" location. (jj) "Principal Public façade" of a building, as used in this Ordinance fFor purposes of calculating maximum total Wall sign area, shall mean the main building façade facing a public street or another façade that SIGN ORDINANCE 10 City of South Burlington Ordinance DRAFT 2024-04-01 functions as a Principal façade with an actively used public entryway, subject to the approval and discretion of the as determined by the Code Officer. There shall be no more than one Principal Public façade per building. (kk) "Projecting Sign" or "perpendicular sign" as used in this Ordinance means any sign attached to a building or other structure and extending in whole or in part more than nine (9) inches beyond the building line, or more than fifteen (15) inches in the case of raceway sign. (II) "Raceway Sign" as used in this Ordinance shall mean a 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. (mm) "Reader Board" shall mean a 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- fFrame" or "sSandwich bBoard" signs. (nn) "Reflectorized" as used in this Ordinance shall mean aAny 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. (oo) "Residential District" as used in this ordinance shall include tThe following zoning districts as defined as such in the South Burlington 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. (pp) "Roof Sign" as used in this Ordinance shall mean aAny sign erected in any way upon a building or structure which extends above the roof line of the building or structure. (qq) "Sign" as used in this Ordinance shall mean and include every sign, billboard, bulletin-board, free-standing sign, wall sign, window sign, roof sign, illuminated sign and projecting sign, and shall include aAny letter, word, number, model, mural decoration, banner, flag, feather flag sign, 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 or any sign type identified in this Ordinance. (rr) "Temporary Sign" as used in this Ordinance shall mean aAny sign for a limited period of time for advertising or informational purposes supplementary to or in place of existing permanent signs. (ss) "Traveled wWay" as used in this Ordinance shall mean tThe 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. (tt) "Wall Sign" as used in this Ordinance shall mean aA 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. SIGN ORDINANCE 11 City of South Burlington Ordinance DRAFT 2024-04-01 (uu) "Wall" as used in this Ordinance shall mean tThe surface area of any major plan unit of any side or face of a building. (vv) "Wayfinding" as used in this Ordinance shall mean sSigns with maps or other graphics used to convey location and directions to travelers, and not used for any advertising purpose. (ww) "Window" as used in this Ordinance shall mean tThe 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 Ordinance, subject to the judgment and discretion of the Code Officer. (xx) "Window Sign" as used in this Ordinance shall mean a 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 located so as to be readable primarily from the exterior of the Window. Products for display shall not constitute a Window sign. (yy) 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. SECTION 43. Permits Required It shall be unlawful for any person to Erect, alter or relocate within the City of South Burlington, any sign, as defined in this Ordinance, without first obtaining a sign permit from the Code Officer, in accordance with all the provisions of this Ordinance. Any sign not expressly permitted by the provisions of this Ordinance is expressly prohibited. SECTION 54. Permit Fees Every applicant, before being granted a permit hereunder, shall pay to the City Treasurer such permit fee or fees in accordance with the schedule of fees adopted by resolution of the City Council, and as amended from time to time. SECTION 65. Dorset Street/City Center Sign District. (A) Purpose. There is hereby designated and created the Dorset Street/City Center Sign District, the boundaries of which are shown on a plan map entitledtitled, " Dorset Street/City Center Sign District", dated July 22, 1998, which plan map is incorporated into and made a part of this Ordinance as Appendixces A and 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 mixed use, pedestrian-oriented downtown primarily residential, office, retail and municipal core for the City of South Burlington. 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 communication, and to maintain and enhance the aesthetic quality within the district. SIGN ORDINANCE 12 City of South Burlington Ordinance DRAFT 2024-04-01 (B) Application Materials: For any Lot in the City Center Sign District on which the owner proposes to erect one or more signs requiring a permit, the owner shall submit a permanent sign permit application 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) The location, size, date of installation, and status of all non-complying signs on the property, if applicable. (4) The design parameters for the City Center Sign District, in accordance with (C) below, including overall parameters and the design and location of any proposed individual signs. (5) The location and specifications of all proposed light fixtures and lighting elements, including cut sheets if applicable. (1)(6) A proposed general design for any incidental and directional signs on the property, other than those with designs prescribed by law. (B)(C) Standards for Design Review. The parameters for the erection, alteration or relocation of any sign, except for temporary, Wwindow and exempt signs, located within the Dorset Street/City Center Sign District, as depicted on the above referenced planm, shall require design approval by the Code Officer South Burlington 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 Code Officer Development Review Board shall consider the following: (1) Consistent Design: the design of a sign shall consider and be compatible 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 City Center Ssign Ddistrict and the design goals for City Center as outlined in section of the City Plan, including a high aesthetic quality and pedestrian orientation. (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 (3) predominant colors is encouraged to provide consistent foreground, text and background color schemes. (3) Materials Used: signs shall be designed and constructed of high-quality materials complimentary to the materials used in the buildings to which the signs are related (4) Multi-Tenant Buildings: Wall signs attached to multi-tenant buildings shall contain a consistent mounting (for example, cut out letters, lettering on raceway, etc.) and shall have consistent lighting where lighting is proposed. Multi-tenant buildings shall display no more than two styles of wall signs at any one time. Where permitted, free-standing signs associated with multi-tenant buildings shall use signs of the same size and color design SIGN ORDINANCE 13 City of South Burlington Ordinance DRAFT 2024-04-01 (C) Directory Signs. In the Dorset Street/City Center Sign District, the City of South Burlington 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. (D) 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 (3) 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 (4) square feet. Such entry signs shall be allowed in addition to permitted free-standing 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. (E) Establishments Selling Gasoline. Establishments selling gasoline located within the Dorset Street/City Center Sign District shall be subject to all provisions of Section 221 of this Ordinance, and also shall be subject to the design review standards of this Section 65. SECTION 76. 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 Section 87 of this Ordinance. (B)(A) 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. SIGN ORDINANCE 14 City of South Burlington Ordinance DRAFT 2024-04-01 (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 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)(B) Except as provided in sub-section (d) below, wWithin ten thirty (1030) working days after receipt of all of the foregoing information, together with the permit fee specified in Section 54 hereof, the Code Officer shall review the application for compliance with this Ordinance 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 Ordinance, 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 Ordinance 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)(C) If the Code Officer determines that the application for the sign does not comply with all provisions of this Ordinance, 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. SECTION 87. Master Signage Permits (F) At such time as a new or amended permit is sought after the effective date of this Ordinance, all properties in the Dorset Street/City Center Sign District seeking a sign permit or permits 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 Designation to the Design Review CommitteeDevelopment Review Board, irrespective of the status of past approvals. The new Permit Designation 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 PermitDesignation. Upon approval of a new Master Signage PermitDesignation, permittees shall use the review and amendment procedures set forth in this Section. (G) 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 Designation for the Lot on which the sign(s) will be erected has been approved as conforming with the provisions of this Ordinance. In the case of a planned unit development (PUD), a Master Signage Permit Designation 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 Designation as provided herein. SIGN ORDINANCE 15 City of South Burlington Ordinance DRAFT 2024-04-01 (H) 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 Designation containing the following information: (2) An accurate plot plan of the Lot, at such scale as the Code Officer may reasonably require; (3) Location of buildings, parking Lots, driveways and landscaped areas on such Lot; (4) Computation of the maximum area, number and height of signs, by sign type (i.e., free-standing, Wall, etc.) allowed on the property under this Ordinance, and computation of the area and height of each sign proposed for the property; (5) The location, size, date of installation, and status of all non-complying signs on the property, if applicable. (6) The design parameters for the Master Signage PermitDesignation, in accordance with (Dd) below, including overall parameters and the design and location of any proposed individual signs. (7) The location and specifications of all proposed light fixtures and lighting elements, including cut sheets if applicable. (8) A proposed general design for any Incidental and directional signs on the property, other than those with designs prescribed by law. (I) Design. (1) 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. (2) 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. (3) 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. (4) 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. (J) Other Provisions of Master Signage PermitsDesignations. (1) The property owner of record shall be the principal permittee for a Master Signage Permit. (2) 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. SIGN ORDINANCE 16 City of South Burlington Ordinance DRAFT 2024-04-01 (K) Review and Approvals. (1) 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 Development Review Board shall review and act upon the application for an initial Master Signage Permit or amendment thereof. (2) 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 Permit, and for consistency with the applicable dimensional and administrative standards in this Ordinance. 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. (L) Amendment. Amendment of a Master Signage PermitDesignation, as opposed to approval of signs by the 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. (M) Existing Non-Conforming Signs on Properties Subject to Master Signage PermitsDesignation (1) The non-conforming 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. (2) Alteration of Non-Conforming Signs. Where there is any change to a non-conforming 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 Ordinance. Routine maintenance of non-complying 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. (N)(D) Binding Effect. An approved Master Signage DesignationPermit 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 way as any provision of this Ordinance. In case of any conflict between the provisions of such Permit and any other provisions of this Ordinance, the Ordinance shall control. SECTION 98. Free-Standing Signs Free-standing signs are permitted only in accordance with the following provisions:. (A) All free-standing signs and the premises surrounding 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. Free-standing signs shall be so designed as to be self-supporting without the need for guy wires, cables, chains, lines, or other similar ancillary supports. SIGN ORDINANCE 17 City of South Burlington Ordinance DRAFT 2024-04-01 (B) Number of Signs Per Lot. The maximum number of free-standing signs on a Llot shall be as follows: (1) Except as provided in Section 23(e) hereof and below, there shall not be more than one free- standing sign for each separate Llot, regardless of how many businesses or commercial entities are located on such Llot. (2) Lots on which the Development Review Board has granted approval for the development of the property with two (2) or more separate entrances to a public road have been approved under the City’s Land Development Regulations shall be entitled to additional free-standing signs where: (1) each entrance is separated from anyeach other entrance by a distance in excess of greater than three hundred (300) feet, as measured from center line to center line between the two entrances; and (2) the number of proposed free-standing signs for the property does not exceed the number of public road entrances that meet the standards set forth above; and (3) the proposed free-standing signs are located within twenty-five (25) feet of the approved entrances. (C) Lots on which a community garden is operated and maintained as an accessory use to a principal permitted use may have one (1) additional free-standing sign of no more than twenty-four (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. (D)(C) Sign Location. No part of a free-standing sign shall be placed in such manner as to visually obstruct traffic. (1) No part of a free-standing sign which is forty (40) square feet or less in size shall be placed closer than five (5) feet tofrom any property line, subject to the following: (1) Public sidewalk or recreation path exists in public right-of-way: (i) Where the outer edge of the public right-of-way is less than five (5) feet from the outer edge of the public sidewalk or recreation path, no part of a free-standing sign shall be placed closer than five (5) feet from the outer edge of the public sidewalk or recreation path. In no case shall a free- standing sign be placed closer than one (1) foot from the public right-of-way. (see illustration 9-1) (ii) Where the outer edge of the public right-of-way is five (5) feet or more from the outer edge of the public sidewalk or recreation path, no part of a free-standing sign shall be placed closer than one (1) foot from the right-of-way. (see illustration 9-2) (2) No public sidewalk or recreation path exists in public right-of-way: (i) Where the outer edge of the public right-of-way is less than eleven (11) feet from the outer edge of the Traveled Way, no part of a freestanding sign shall be placed closer than five (5) feet from the right-of-way. (see illustration 9-3) SIGN ORDINANCE 18 City of South Burlington Ordinance DRAFT 2024-04-01 (ii) Where the outer edge of the public right-of-way is eleven (11) feet or more, but less than fifteen (15) feet from the outer edge of the traveled way, no part of a free-standing sign shall be placed closer than sixteen (16) feet from the outer edge of the Traveled Way. (see illustration 9-4) (iii) Where the outer edge of the public right-of-way is fifteen (15) feet or more from the outer edge of the Traveled Way, no part of a free-standing sign shall be placed closer than one (1) foot from the right-of-way. (see illustration 9-5) (2) No part of a free-standing sign which is larger than forty (40) square feet in size shall be placed closer than twenty (20) feet to any property line. (2)(3) No free-standing sign shall be located within an area demarked as a designated Open SpaceCivic Space or Site Amenity on a plan approved under the Land Development Regulations. (E)(D) Area of a Free-standing Sign. (1) The area of a free-standing 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 (eF) below. Any area of a support structure that exceeds the limits set forth in subsection (fFe) below shall be counted as sign area (Illustrations 9-6 and 9-7). (2) A free-standing sign which is located on a lot of less than 40,000 square feet shall not exceed thirty- two (32) square feet in sign area. (3) Except as provided in this subsection, a free-standing sign which is located on a Lot of 40,000 square feet or more shall not exceed forty (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 provisions. (a) A Lot which contains two hundred (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 forty (40) square foot maximum established in (3) above. The amount of additional sign area shall be based on Lot frontage and/or building size as indicated in Table 9.1. In no case shall the maximum size of a free-standing sign area exceed eighty (80) square feet. (b) Approval of a sign under this section shall be subject to the requirement that the Lot on which the sign is located together with the building(s) 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 re-determine 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 requirements within three (3) months of such determination. (4) The maximum height of a free-standing sign shall be fifteen (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. (5) For Lots which contain lawfully more than one (1) free-standing sign as provided in subsection (b) above and which qualify for a free-standing sign larger than forty (40) square feet as provided in (3) above, no more than one (1) free-standing sign on the Lot may exceed forty (40) square feet in size. SIGN ORDINANCE 19 City of South Burlington Ordinance DRAFT 2024-04-01 (6) No sign and/or support structure dimension shall exceed the other by more than five (5) times. In the Dorset Street/City Center Sign District, no dimension shall exceed the other by more than four (4) times. (7) In all districts, the depth of the sign and support structure shall not be visually disproportionate to the other dimensions of the sign. (8) Area calculations shall exclude planters, provided such planters are no more than three (3) feet tall, no more than two (2) 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 (3) feet in height or two (2) times the width of the sign, and any planter that has advertising or logos attached, shall be counted as sign area. (F)(E) Free-standing Sign Support Structures. The area of a sign support structure shall not be included in calculating the area of a free-standing sign, subject to the following limitations and provisions: (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 free-standing sign with two (2) or more independent post supports, outside the width of the sign area, supports of up to one (1) 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 (6) feet in height at the highest point from the average finished grade, two supports up to two (2) feet wide each shall be exempt from calculation of the area of the support structure. (4) Notwithstanding the provisions of (23) above, for a free-standing sign and/or support structure with a combined height of up to ten (10) feet at the highest point from the average finished grade, the total area of the support structure may not exceed one hundred fifty percent (150%) of the area of the sign. If the support structure of such a sign extends more than one (1) foot past the edge of the sign, the total area of the support structure shall not exceed one hundred percent (100%) of the area of the sign (Illustration 9-8). (5) Notwithstanding the provisions of (23) above, for a free-standing sign and/or support structure with a combined height of more than ten (10) feet at the highest point from the average finished grade, the total area of the support structure shall not exceed one hundred percent (100%) of the area of the sign, and shall not extend more than one (1) foot horizontally in each direction beyond the horizontal edges of the sign (Illustration 9-8). SIGN ORDINANCE 20 City of South Burlington Ordinance DRAFT 2024-04-01 ditional Standards. All free-standing signs must meet the following additional standards: SIGN ORDINANCE 21 City of South Burlington Ordinance DRAFT 2024-04-01 (1) All free-standing signs are to be designed and constructed of suitable durable materials and erected and located in a manner which reinforces and respects the overall stated goals of this Ordinance. (2) All free-standing 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. Table 98.1 Free-Standing Signs - Additional Sign Area Criterion Additional Sign Area (In 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 free-standing sign (40 square foot sign area allowance + 10 square foot frontage allowance + 10 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 free-standing sign (40 square foot sign area allowance + 0 square foot frontage allowance + 30 square foot building size allowance = 70 square feet). (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. SIGN ORDINANCE 22 City of South Burlington Ordinance DRAFT 2024-04-01 (4)(3) Street names and numbers may be affixed to a free-standing sign or its support structure and shall be exempt from area calculations so long as the letters do not exceed three (3) inches in height and numbers do not exceed six (6) inches in height. Illustration 98-6 Area of a Free-Standing Sign SIGN ORDINANCE 23 City of South Burlington Ordinance DRAFT 2024-04-01 Illustration 98-7 Area of a Free-Standing Sign SIGN ORDINANCE 24 City of South Burlington Ordinance DRAFT 2024-04-01 Illustration 89-8 Base and Sign Area Ratios SIGN ORDINANCE 25 City of South Burlington Ordinance DRAFT 2024-04-01 (5)(4) Free-standing 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 housesplaces of worship, public and independent educational facilities accredited by the State of Vermont for elementary, secondary and higher education, motels and hotels, conference facilities, and establishments deriving a majority of their income as venues for the performing arts, and subject to the discretion and approval of the Code Officer. Any such changeable message area may not exceed eighty percent (80%) of the allowable sign area, and the dimensions and location thereof must be specified when an application for a sign permit is made. (G)(F) Dorset Street/City Center Sign District. Free-standing signs along Dorset Street are to be located in a sign corridor that begins adjacent to the road R.O.W. and runs sixteen (16) feet from the edge of the Rright- of- wWay toward the building face. In those instances where dimensions do not provide for a two (2) foot setback from the Rright- of- wWay before a sign support post can be located, it is permitted to eErect a centered single pole mounted sign of which the road side edge of the sign is directly outside the R.O.W. line. Free-standing signs in the Dorset Street/City Center District may not exceed thirty-two (32) square feet in overall dimensions and may be no higher than twelve (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. (1) No new free-standing signs shall be permitted in the City Center Sign District except as explicitly provided for in Section 8(G)2. (2) Along the Dorset Street, Patchen Road, White Street, and Williston Road rights-of-way within the City Center Sign District, new sign structures shall only be located in a sign corridor that begins one (1) foot from the existing or planned road right-of-way and runs sixteen (16) feet from the edge of the right- of-way toward the building. Such free-standing signs shall not exceed thirty-two (32) square feet in overall dimensions and may be no higher than twelve (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, and are otherwise subject to all provisions of this Ordinance. (H)(G) Additional free-standing 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 (1) fFree-Sstanding menu board sign in addition to one (1) free- standing sign permitted in accordance with this Section. A menu board sign shall not exceed forty-eight (48) square feet in overall size, including cladding and support structure, and shall not exceed six (6) 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. (H) Multi-tenant buildings and multi-building complexes in the R7-NC zoning district. Notwithstanding provisions to the contrary elsewhere in this ordinance, a multi-tenant building or multi-building structure under common management 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 roadway, may have one (1) free-standing sign of up to forty (40) square feet and one (1) additional free-standing sign per additional approved curb cut onto a public roadway, with any such additional signs not exceeding twenty (20) square feet in area and twelve (12) feet in height. The sign area of the free-standing 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. SIGN ORDINANCE 26 City of South Burlington Ordinance DRAFT 2024-04-01 SECTION 109. Wall Signs Wall signs shall be permitted only in accordance with the following provisions: (A) Number of Wall sSigns. The allowable number and area of Wwall signs shall be as set forth in Table 10-1 below. (B) Single-tenant buildings and single-building properties. Area of Wall signs. (1) Except as otherwise provided in this Ordinance, the total area of all Wwall signs shall not exceed five percent (5%) of the area of the Pprincipal public façade of the building or one hundred (100) square feet, whichever is smaller. (2) In no case shall any individual Wwall sign exceed fifteen percent (15%) of the area of the façade to which it is attached. (C) In the Dorset Street/City Center Sign District, Wwall 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.. (D) It shall be unlawful for any person to Eerect, alter, maintain or relocate any Wwall sign that covers, wholly or partially, any Wwall opening or to eErect, alter, maintain or relocate any Wwall sign that projects beyond the ends or top of the Wwall to which it is attached. A Wwall opening is any opening exclusively provided for a Wwindow, door or removable panel. (E) Multi-tenant buildings and multi-building properties (1) Lots on which there is located commercial development consisting of two (2) or more distinct and separate businesses ("multi-tenant buildings" or "multi-building properties") shall be entitled to additional Wwall signs whose allowable area and number shall be in accordance with the formula set forth in Table 10- 1. (2) In a multi-tenant building, there shall be a maximum of two (2) Wwall signs per individual tenant. The maximum area of an individual Wwall sign shall be five percent (5%) of the individual tenant's storefront area, calculated as shown in Illustration 10-1, or one hundred (100) square feet, whichever is smaller. (3) 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 Designation from the Development Review Board, in accordance with Section 87 of this Ordinance. Once a Master Signage Permit Designation is obtained, all changes to signage for that property shall be reviewed in accordance with the provisions of Section 8 7of this Ordinance. Multi-tenant buildings for which there is a valid Master Signage Permit Designation may increase the maximum allowable area of all Wall signs and individual tenant signs as provided in Table 10-1. A property owner choosing this option may shall be responsible for allocatinge the allowable area of Wall signs among individual tenants in a manner which variesous from the maximum per tenant. Any such allocation shall be submitted as part of a Master Signage Permit application. SIGN ORDINANCE 27 City of South Burlington Ordinance DRAFT 2024-04-01 (F) Areas of wWalls within which paint, lighting or other treatments are used to highlight or enclose an area of Wwall on which cutout letters or other signs are installed shall be deemed to be part of the Wwall sign for all intents and purposes of this Ordinance, and shall be subject to all applicable provisions of this Ordinance. (G) A Wwall sign shall not project from the Wwall in excess of nine (9) inches, except for raceway signs. A raceway sign may project up to fifteen (15) inches from the Wwall to which it is attached (F) Any wall or other element of a building that is transluscent and lit in a manner that reinforces the brand of one or more tenants shall be deemed a sign. (G) 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 free standing sign, each structure shall be entitled to Wall signs in accordance with subsections (a) and (b) above. (2) If the Lot contains a free standing sign which identifies the uses located in both structures, each structure shall be entitled to two Wall signs as authorized by subsections (a) and (c) above. SIGN ORDINANCE 28 City of South Burlington Ordinance DRAFT 2024-04-01 Table 109-1 Area of Wall Signs Type of building, signage and permit Basis for total area of all Wall signs Maximum area of an individual wall signMaximum percent of a building that can contain an individual sign Additional regulations for multi- tenant buildings and multi- building lots Single-tenant building with Free-Standing and/or landscape feature sign(s) 5% of Principal Public façade or 100 SF, whichever is smaller 15% of façade to which it is attached or 100 SF, whichever is smaller Up to 2 3 three (3) Wall signs per individual building Single-tenant building, NO Free-Standing or landscape feature sign(s) 10% of Principal Public façade 15% of façade to which it is attached or 100 SF, whichever is smaller Up to 23 Wall signs per individual building Multi-tenant building or multi-building lot, no master signage permit, with Free-Standing sign or landscape feature sign(s) No set limit; max. 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 SF, whichever is smaller ● Up to 2 Wall signs per tenant ● Signs may be attached to one or two building facades ● See calculation of storefront area, Illustration 10-1 Multi-tenant building or multi-building lot, no master signage permit, NO Free-Standing or landscape feature sign(s) 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 SF, whichever is smaller ● Up to 2 signs per tenant ● Signs may be attached to one or two building facades ● See calculation of storefront area, Illustration 10-1 Multi-tenant building or multi-building lot with a master signage permit in any district, including Dorset Street/City Center Sign District, with Free-Standing or landscape feature sign(s) 10% of Principal Public façade of each building 15% of façade to which it is attached or 100 SF, 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 may divide up signage area among tenants Multi-tenant building or multi-building lot with a 15% of Principal Public façade of each building 15% of façade to which it is attached or ● Up to 2 3 signs per tenant SIGN ORDINANCE 29 City of South Burlington Ordinance DRAFT 2024-04-01 master signage permit in any district, including Dorset Street/City Center Sign District, NO Free-Standing or landscape feature sign(s) 100 SF, whichever is smaller ● Signs may be attached to as many facades as have an actively used public entrance ● Property owner must divide up signage area among tenants Illustration 109-1: Example of the Calculation of Storefront Area. (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) = [(1/2)(w) x (h)] + [(w1) x (h1)] Projecting overhang areas are included within the calculation of storefront area; signage may be attached to these areas (1) (2)(2) hh w w1 h1 SIGN ORDINANCE 30 City of South Burlington Ordinance DRAFT 2024-04-01 (3) (4) If the Lot contains a free standing sign that only identifies the use or uses located in one structure, the structure containing the use or uses identified on the free standing sign shall be entitled to free standing signs as authorized by subparagraphsubsections (a) and (c) above, and the structure containing uses not identified on the free standing sign shall be entitled to no more than three (3) Wall signs with a total area not exceeding ten percent (10%) of the area of the Principal Public façade of the structure. No Wall sign shall exceed five percent (5%) of the total allowable sign area and no more than one (1) Wall sign shall be placed on any one (1) façade of the structure. SECTION 110. Directory and Entryway Signs (A) 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 (1) additional directory sign of no more than eight (8) square feet in total area may be attached to a Wwall or to the face of a fFree-Sstanding Ssign, within the perimeter of the sign, in a suitable location to allow visitors, once within the property, to receive direction to a particular location. (A) One (1) entryway sign identifying the a shopping center may be affixed to the Wwall 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 Ttraveled Wway. (B) 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 (1) entryway sign may be affixed to the Wall at each entrance identifying the offices or businesses accessible through the entry, or identifying 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 (3) square feet in size. In addition, one (1) Free-Standing directory sign of up to fifteen (15) square feet OR one (1) Wall directory sign of up to twenty (20) square feet may be erected at each active publicly-used entryway. For any such Wall signs, the provisions of Section 11(c) below shall apply. (C) Directory and eEntryway sSigns aAttached to wWalls. The area of a directory or entryway sign affixed to a wWall shall be included in the calculation of the total allowable area of wWall signs for the building or property to which it is affixed, but shall not count against the total number of wWall signs allowed for the building to which it is affixed. (D) Directory Signs Attached to Free-Standing Signs. Directory signs attached to the face of a free-standing sign within the perimeter of the sign area shall not be counted as additional sign area. SECTION 121. Incidental and Directional Signs (A) Incidental Signs. (1) Incidental signs shall generally be exempt from the provisions of this Ordinance, in accordance with Section 22. SIGN ORDINANCE 31 City of South Burlington Ordinance DRAFT 2024-04-01 (1)(2) 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. (2)(3) The use of logos or trademarks on incidental signs shall be prohibited. (3)(4) Incidental signs shall not exceed four (4) square feet each. (4)(5) Incidental signs attached to the facades of buildings are limited to one (1) 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 Wwall 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. (5)(6) 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, clarity in providing instructions for use of the facility, safety for the volume of of pedestrian and vehicular traffic to be directed, and the configuration of the buildings and improvements on the site. (B) Directional Signs. (1) Directional signs shall generally be exempt from the provisions of this Ordinance, in accordance with Section 232. (2) 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. (3) Directional signs shall not be considered additional Wwall or free-standing signs. (4) Directional signs shall be sufficient to direct traffic safely, and shall not, in the determination of the Code Officer, be excessive. Such a determination shall include a consideration of factors such as, but not limited to, clarity in providing instructions for use of the facility, safety of pedestrian and vehicular traffic to be directed, the configuration of the buildings and improvements on the site. 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. (4)(5) Lettering on a directional sign shall not exceed six (6) inches in height. (5)(6) Number and size of directional signs: (1) For properties of less than ten (10) acres in size, the number, and placement and size of directional signs shall not exceed one (1) per curb cut or driveway entrance to a property or a maximum of three (3), whichever is less. No such directional sign shall exceed three (3) square feet in area. No such directional sign shall have its upper-most point more than be more than five (5) feet in heightabove the post-construction grade. SIGN ORDINANCE 32 City of South Burlington Ordinance DRAFT 2024-04-01 (2) For properties ten (10) acres or more in size, the number of directional signs shall not exceed one (1) per two (2) acres of property area, to a maximum of eight (8) directional signs. Not more than one (1) directional sign shall be placed within twenty-five (25) feet of each curb-cut or driveway entrance. No directional sign shall exceed ten (10) square feet in size, and no more than half (rounded up) of the maximum allowable number of directional signs shall exceed three (3) square feet in size. No directional sign less than or equal to three (3) square feet in size shall be more than five (5) feet in height, and no directional sign larger than three (3) square feet in size shall be more than ten (10) feet in height. (6)(7) No directional sign shall be placed closer than five (5) feet from a property line. No directional sign that is greater than three (3) square feet in size shall be located closer than fifty (50) feet from a property line. SECTION 132. Signs in Residential AreasZoning Districts (A) Non-residential uses in residential zoning districts. There shall be no signs in a residential district (as so classified under the South Burlington Land Development Regulations as presently in force or hereafter adopted and amended from time to time), except that one (1) sign may be erected and maintained for a lLot on which a valid non-residential use exists under South Burlington Land Development Regulations, provided that the sign does not exceed twenty (20) square feet, or thirty (30) square feet when located on a Lot having frontage on Airport Drive, or forty (40) square feet when located on a Lot of at least two (2) acres having frontage on Dorset Street or Hinesburg Road within the Southeast Quadrant Zoning District. (B) Multi-tenant or multi-building complexes located partially within the R7-NC zoning district. For purposes of this Ordinance only and notwithstanding Section subsection 13(aA) above, multi-tenant buildings or multi- building structures under common management 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 non-residential zoning district irrespective of the zoning of the portion of the property lying outside the R7-NC zoning district. (C) Educational facilities in the Residential 4 and SEQresidential zoning districts. Notwithstanding Section subsection 13(aA) above, a public or private educational facility accredited by the State of Vermont to provide elementary or secondary education may erect and maintain one (1) freestanding sign of with a sign area of up to thirty-two (32) square feet, which may include a changeable message area consistent with the provisions of Section 98(g)(5) above. (D) Home Occupations. Notwithstanding any provision herein to the contrary, a sign identifying a home occupation as defined by the South Burlington Land Development Regulations as presently in force or amended from time to time in a residential district shall not exceed two (2) square feet. (E) Bed and Breakfast Establishments. Notwithstanding any provision herein to the contrary, a sign identifying a bed and breakfast as defined by the South Burlington Land Development Regulations as presently in force or amended from time to time in a residential district shall not exceed four (4) 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 (8) SIGN ORDINANCE 33 City of South Burlington Ordinance DRAFT 2024-04-01 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. (F)(E) Signs Identifying Residential Complexes. Notwithstanding any provisions herein to the contrary, one (1) identification sign not exceeding twenty (20) square feet for purposes of identifying a single residential complex is permitted in a residential district. (G) Signs Identifying Dental or Medical Clinics. Notwithstanding any provisions herein to the contrary, one (1) identification sign not exceeding twenty (20) square feet for purposes of identifying a dental or medical clinic is permitted in a residential district. SECTION 143. Landscape Feature Signs (A) In all districts in the City, a landscape feature sign may be utilized in place of a free standing sign on any Lot eligible for a free-standing sign. On Lots eligible for multiple free-standing signs, multiple landscape feature signs may be allowed in accordance with the regulations for multiple free standing signs. (B) A landscape feature to which a sign is proposed to be attached must be approved by the South Burlington Development Review Board (DRB) Code Officer as part of its issuance of a permit for the Lot on which the sign is proposed. Upon approval by the DRB of athe 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 Ordinance. (C) Location. No sign may be attached to a landscape feature that is closer than five (5) 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. (D) A landscape feature sign shall consist of either individual Ccut-Oout 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. (E) The individual Ccut-Oout lLetters and/or logo, or the inset sign, shall not project above the top of the landscape feature at any point. (F) The total area of the Ccut-Oout lLetters and/or logo, or the inset sign, may not exceed the maximum area of a free-standing sign (excluding any support structure) that would be allowable for the same Lot. (G) No landscape feature to which a sign is attached may exceed six (6) feet in height from finished grade at any point, or four (4) feet in average height, from the finished grade at the base of the landscape feature. The Development Review Board may allow up to aA maximum of seven (7) feet in height from finished grade and up to a maximum of five (5) feet in average height from the finished grade around the base of the landscape feature may be allowed, 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. SIGN ORDINANCE 34 City of South Burlington Ordinance DRAFT 2024-04-01 (H) A border area without any attached or inset signage must be maintained for a minimum of six (6) inches in all directions from the outside edge of the Ccut-Oout lLetters and/or logo or the inset placard sign. The border area shall be at least sixty percent (60%) of the total area of the landscape feature. (I) The visual impact of maintenance panels should be minimized. (J) Backlighted Lletters and/or cut out logos shall be permitted, provided the installation is consistent with Section ____ of this Ordinance. 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. SECTION 154. Airport Signage (A) Airfield and Air National Guard Signage. Except as provided in (3) below, all signage on the airfield of Burlington International Airport or property owned by the Vermont Air National Guard that is installed pursuant to Federal Aviation Administration (FAA) or United States Department of Defense (DOD) requirements, as applicable, shall be exempt from the provisions of this Ordinance. (B) Other Necessary Signage. Except as provided in (3) below, 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 Ordinance. (C) Signs on Airport Property within 20' of Road Rights-of-Way. Signs on Burlington International Airport property to be located within twenty feet (20') of the edge of the right-of-way of a public road adjacent to the Airport shall be subject to the provisions of this Ordinance and shall require a sign permit. SECTION 165. Perpendicular Signs Perpendicular signs will be permitted subject to the following conditions: (a) Where property dimensions create circumstances that do not allow for a free standing sign, a perpendicular building mounted sign or signs may be permitted. (b) 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. (c) A perpendicular sign may not extend above the top of the building wall or parapet to which it is attached. (d) A perpendicular sign may extend no more than three (3) feet from the outside edge of the wall to which it is attached, and may have a vertical dimension of no more than ten (10) feet The maximum area of the sign face of a perpendicular sign shall be thirty (30) square feet. (e) 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. SIGN ORDINANCE 35 City of South Burlington Ordinance DRAFT 2024-04-01 (f) 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 or her determination. All associated costs for this consultant review are to be borne by the applicant. Perpendicular signs are permitted subject to the following conditions: (A) A property shall be permitted either to install perpendicular sign(s) pursuant to this section OR free- standing sign(s) pursuant to Section 8, but in no case shall both be permitted. (B) Any perpendicular sign to be installed must be structurally sound and safe for pedestrians, traffic and other activities. (C) Any proposed encroachment into or over the public right-of-way must provide to the Code Officer written approval from the Department of Public Works of such encroachment prior to issuance of a permit. (D) A perpendicular sign may not extend above the top of the building wall or parapet to which it is attached. (E) A perpendicular sign may extend no more than three (3) feet from the outside edge of the wall to which it is attached. (F) A perpendicular sign shall have its lowest point no less than eight (8) feet above the ground level. (G) Area of a perpendicular sign: (1) A perpendicular sign shall not exceed twenty-one (21) square feet in area. (2) Signs having two (2) parallel and attached faces shall be considered as one sign, and the area shall be computed for one side only. (H) A perpendicular sign shall not be internally illuminated. (I) There shall be a maximum of one (1) perpendicular sign per first-floor tenant with a direct entryway, which shall be located on the tenant’s storefront. aSECTION 176. Real Estate and Construction Project Signs (A) 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 Section. (1) In non-residential zoning districts, each Llot shall be entitled to one (1) such freestanding sign not to exceed sixteen (16) square feet if located within twenty (20) feet of the edge of the right-of-way, or thirty- two (32) square feet if located more than twenty (20) feet from the edge of the right-of-way. (2) In residential zoning districts, each Lot shall be entitled to one (1) such free standing sign not to exceed six (6) square feet.16 SIGN ORDINANCE 36 City of South Burlington Ordinance DRAFT 2024-04-01 (B) 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 Section. (1) In non-residential zoning districts and in residential zoning districts where a multi-lot development involving ten (10) or more Lots is taking place, Construction Project signs shall be limited to one (1) sign per property or multi-lot development, not exceeding thirty-two (32) square feet in area and eight (8) 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 (2) Construction Project signs may be displayed simultaneously on a Lot. A single Construction Project sign shall not exceed six (6) square feet, or three (3) square feet each if two (2) 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 Ordinance. (4) Additional signs required to meet safety regulations for construction projects shall be exempt from the provisions of this Ordinance, and shall not require a sign permit. (5) Except as specifically provided for residential zoning districts in (2) above, multiple Construction Project signs shall not be permitted and shall be subject to removal by the City. (C) 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 (2) real estate and/or Construction Project signs displayed simultaneously. On Lots in non-residential zoning districts exceeding 80,000 square feet, no more than three (3) real estate and/or construction Project signs may be displayed simultaneously. SECTION 187. Miscellaneous Types of Signs (A) Roof Signs - It shall be unlawful for any person to Eerect, alter, relocate or maintain a roof sign as defined in this Ordinance. 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. (B) Banners and Pennants - It shall be unlawful for any person to Eerect, relocate, alter or maintain banners or pennants as defined in this Ordinance, except as permitted as an Event Sign. However, properly displayed governmental flags shall be permitted, but not in excess of three different flags per lot. In addition, a business may display one flag, not exceeding six (6) square feet on which is depicted its name, emblem or logo, except in the Dorset Street/City Center Sign District where such is prohibited. (C) Projecting Signs - It shall be unlawful for any person to Erect, alter, relocate or maintain any projecting Psign as defined in this Ordinance, except as specifically allowed in Section 1095. SIGN ORDINANCE 37 City of South Burlington Ordinance DRAFT 2024-04-01 (C) Inflatable or Wind Sign - It shall be unlawful to Eerect, alter, relocate or maintain any inflatable or wind sign as defined in this Ordinance. (D) Billboard Signs - It shall be unlawful for any person to Eerect, alter, maintain or relocate any billboard sSign as defined in this Ordinance, except as specifically allowed. (E) Animated Signs; Action Signs - It shall be unlawful for any person to Erect, maintain, alter or relocate any Animated Sign or Action Sign except as specifically exempted within Section 232 of this Ordinance. (F) 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 Title 19 of the Vermont Statutes Annotated. (G) Temporary and Paper Signs - Except as otherwise expressly provided in Section 198 herein, signs of paper, cardboard or similar material or signs which are temporary or non-permanent are hereby prohibited. (H) Window Signs - Window signs including those which are temporary or permanent in nature are permitted provided the total sign area does not exceed twenty-five percent (25%) of the total wWindow area to which the sign(s) is attached. (1) Where a Window or Windows constitute fifty percent (50%) or more of the area of an individual building façade, the Code Officer shall have the authority to treat signs affixed to the wWindow or wWindows as wWall signs in keeping with Section 109 of this Ordinance. (2) A sign or signs painted on or affixed to the inside or outside of wWindows shall be counted against the area of Wall signs allowed for the building if the combined area of such a wWindow sign or signs exceeds twenty-five percent (25%) of the wWindow occupied. (I) 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 sSigns are subject to the provisions of Section 109 of this Ordinance (Wall signs). SECTION 198. Temporary Sidewalk and Event Signs (A) Temporary Sidewalk Sign. A business establishment or other entity with a direct exterior entrance shall be permitted to display one (1) sidewalk sign, subject to the following conditions: (1) Such sign shall require an annual permit issued by the Code Officer, which shall be valid from the date of issuance through December 31 of the calendar year during which it is issued; (2) Such sign may only be displayed during the hours of business of the entity being advertised; (3) Sign messages may be altered throughout the course of the permit, but shall not be an Animated Sign and shall not be a Reader Board or other sign with interchangeable plastic lettering; (4) Such signs shall be located within close proximity of a public operable entryway to the business being advertised. (5) A sidewalk sign shall not impede pedestrian or bicycle traffic. No sign may be placed in such a way as to reduce the continuous unobstructed width of a sidewalk or walkway to less than four (4) feet or obstruct SIGN ORDINANCE 38 City of South Burlington Ordinance DRAFT 2024-04-01 an entrance way or emergency exit. Such sign shall not obscure visibility for motorists, and shall not impede snow clearance or other maintenance work. (6) Signage may not be permanently affixed in any way, butway but may be affixed during daily use to prevent theft or being blown away. (7) Maximum Size. A sidewalk sign shall not exceed 12 square feet in area and shall not exceed 24” in width or 36” in height. This does not include the size of the base or frame, which shall not be larger than is necessary to hold the sign face in place. Signs shall not consume more than 36” in depth- whether by length or spread of base legs. Signage may be double faced. (8) Materials. Signage shall be constructed of weather resistant materials. Cardboard, paper, and particle board are not permitted. Signage shall be sturdy, meant to withstand light winds, but also portable and readily movable. (9) Lighting. Signage may not include any lighting or electronic components. (10) No materials such as flags, streamers, or balloons may be attached to sidewalk signs. (B) Temporary Event Sign. Unless prohibited elsewhere in this Ordinance, an individual lot, as defined with the City’s Land Development Regulations, or in the case of a Planned Unit Development approved by the Development Review Board, each lot contained within the Planned Unit Development shall be allowed one concurrent (1) event banner or sign in accordance with the following conditions: (1) Such sign shall require a Event Sign Permit issued by the Code Officer, which shall be valid for the dates specified on the approved permit. (2) Event banners and Ssigns shall be maintained for a maximum of fourteen (14) consecutive days once in every two (2) calendar month period, or seven (7) days once each calendar month. (3) Any such application shall be signed by the property owner. (4) Sign messages may be altered throughout the course of the permit, but shall not be an Animated Sign and shall not be a Reader Board or other sign with interchangeable plastic lettering; (5) Maximum Size. Event A-Frame Signs up to eight (8) feet in height and containing no more than thirty-two (32) square feet in area, and event Banners up to thirty-two (32) square feet in area are permitted., provided that such signs are located at least five feet from City right-of-way. (1)(6) Establishments located on parcels of two (2) acres or more with a principal permitted business as a hotel and conference center shall be exempt from the limitations in Section 18(B)(2) above; however, no individual event sign may be maintained for a period in excess of fourteen (14) consecutive days every two (2) calendar month period, or seven (7) days once each calendar month. Event signs in excess of those permitted in Section 18(B)(2) above shall be limited to 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. SIGN ORDINANCE 39 City of South Burlington Ordinance DRAFT 2024-04-01 Unless prohibited elsewhere in this Ordinance, a business establishment or other entity shall be allowed one (1) temporary sign in accordance with the following conditions: (2) No "Reader Boards" or similar such changeable wheeled signs are allowed. (3) Temporary "A-F frame" or "Ssandwich bBoard" signs up to eight (8) feet in height and containing no more than thirty-two (32) square feet in area, and banners up to thirty-two (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. (4) Temporary signs shall be maintained for a maximum of fourteen (14) consecutive days once in every two (2) calendar month period, or seven (7) days once each calendar month. (5) Temporary signs shall be maintained for a maximum of five (5) days in a calendar month provided the signs are displayed on the same day of the week for the entire month. (6) Applicants for a Temporary sign may choose either (c) or (d) above, but shall not change their permit within the duration of the permit. (7) Establishments located on parcels of two (2) acres or more with a principal permitted business as a hotel and conference center shall be exempt from the limitations in Sections 198(c-e) above; however, no individual Temporary sign may be maintained for a period in excess of fourteen (14) consecutive days every two (2) calendar month period, or seven (7) days once each calendar month. Temporary signs in excess of those permitted in Sections 19(c-e) above 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. (8) Notwithstanding Section 198(b) above, Temporary signs for non-residential uses in residential zoning districts shall be limited to a maximum of six (6) square feet in area, with the exception of Temporary signs for places of worship in any zoning district and valid non-residential uses on Lots of at least two (2) acres with frontage on Dorset Street or Hinesburg Road within the Southeast Quadrant Zoning District. SECTION 2019. General Sign Requirements The following requirements shall apply to all signs: (A) 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 advertisements, other than those required for governmental purposes, or otherwise explicitly provided for in this Ordinance, shall be located within a public road right-of-way. (B) 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. SIGN ORDINANCE 40 City of South Burlington Ordinance DRAFT 2024-04-01 (C) Wind Pressure and Dead Load Requirements - Any sign or advertising structure as defined in this Ordinance shall be designed and constructed to withstand wind pressures and receive dead loads as required by recognized engineering and construction practices in the City of South Burlington. (D) 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, wWindow or fire escape. No sign shall be attached to a stand pipe or fire escape. (E) Signs Not to Constitute Traffic Hazards - In order to secure and maintain reasonable traffic safety, it shall be unlawful for any person to eErect or maintain any sign containing reflective materials or any animated sign or action sign as defined in this Ordinance. 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", "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. (F) Projecting Images - No person or establishment shall project light, lLogos or images into any area visible from a public sidewalk or right-of-way. (G) 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. (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. (H) No sign may be erected if it is so located as to be primarily readable from a limited access facility as defined in Title 19, V.S.A. (I) No display of pornographic or lewd signs shall be permitted. (J) No sign shall be affixed to a handrail or fence. (K) 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. SIGN ORDINANCE 41 City of South Burlington Ordinance DRAFT 2024-04-01 (L) 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. (M) Off-premise signage shall not be permitted. (N) The use of parked or stationary motor vehicles to display Temporary signs, such as but not limited to stickers, Bbanners, drapes, and placards, for advertising purposes, shall be prohibited. For purposes of this sub- section such Temporary signs shall include but not 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. SECTION 210. Lighting (A) Except as provided elsewhere in this Ordinance, 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 toand 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 (5) feet to the property line. (B) It shall be unlawful for any person to Eerect, alter, maintain or relocate any sign employing the use of luminescent lights as defined in this Ordinance, except where such luminescent elements are shielded from direct view by a separate translucent material. (C) No sign of any kind shall be left illuminated after ten o'clock P.M. (10:00 PM) in any residential zoning district, and no sign of any kind shall be left illuminated after midnight in any nonresidential zoning district unless the premises are open for business after 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. (D) String lighting shall not be allowed except for a non-permanent, seasonal or charitable business with permit by Code Officer. (E) In the Dorset Street/City Center Sign District, iInternally illuminated signs shall utilize opaque backgrounds and translucent letters, lLogos and/or graphics, so as to iensure 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. (F) The illumination of flags must conform to the provisions of the South Burlington Land Development Regulations regarding nighttime illumination of governmental flags. No other upward illumination of flags is permitted. (G) 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. SIGN ORDINANCE 42 City of South Burlington Ordinance DRAFT 2024-04-01 (H) Except as provided in (gG) above, fixtures shall not include bare bulbs, and fixtures shall not make bare bulbs or other direct light sources visible to persons viewing a sign. SECTION 221. Regulations for Establishments Selling Gasoline (A) 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 (2) Wall signs on a principal building with the total area of all Wall signs on the principal building not to exceed fifteen percent (15%) of the Gross façade area of the principal building. (B) Structural Canopies. There shall be no more than four (4) advertising and/or brand identification signs attached to each structural canopy on each Lot, with no more than one (1) such sign attached to each face of a structural canopy and no individual sign to exceed fifteen (15) square feet. Internal illumination of structural canopies shall be permitted and shall not constitute a sign. (C) 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 (6) square feet. The foregoing not- withstanding, 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 Section and Ordinance. (D) Free-standing signs. For establishments selling gasoline, there shall be no more than one free-standing sign per Lot. If a price sign is included as part of the free-standing sign, such establishments may add up to twelve (12) square feet to the free-standing sign allowance otherwise applicable to the Lot. Such price signs must be an integral part of the one (1) allowed free-standing sign. The permitted area of the base or support structure of the free-standing sign shall be based on the maximum area of the free-standing sign applicable to the Lot, excluding the additional twelve (12) square foot allowance for signs that include a price sign. (E) The total square footage of all signs on the Lot, including point-of-purchase signs on gasoline pumps but excluding signs identified in subsection (cC) above, shall not exceed one hundred (100) square feet. (F) The outdoor display of products for sale shall be prohibited, with the exception of vehicle tires, ice and/or propane. (G) Temporary signs outside the principal building shall be permitted as per Section 198 of this Ordinance. SECTION 232. Exemptions The provisions and regulations of this Ordinance shall not apply to official business directional signs and sign plazas as defined in and erected pursuant to Chapter 21 of Title 10, Vermont Statutes Annotated. The provisions and regulations of this Ordinance shall also not apply to the following signs, provided however, said signs shall be subject to the provisions of Sections 2019, 210 and 254. SIGN ORDINANCE 43 City of South Burlington Ordinance DRAFT 2024-04-01 (A) 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 (6) square feet in total area. (B) One (1) residential "Name Place Sign" as defined in this Ordinance; (C) Traffic signs and legal notices; (D) Signs or billboards approved by the Code Officer that advertise the City of South Burlington, 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; or that advertise the South Burlington School District. In no case, however, shall Animated Signs be approved except in accordance with the standards of Section 232(K), “signs for post-secondary institutions” (E) Directional Signs, consistent with the provisions of Section 112 above; 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 32, or are otherwise contrary to the provisions of this Ordinance; (F) Bona fide Christmas and holiday decorations displayed during the holiday’s celebratory period from November 15 through January 5; (G) "Warning", "Danger", "No Trespassing", or similar signs, in size and quantity as reasonably required to accomplish their intended purpose; (H) Signs for charitable or political purposes displayed on a Wall or Window. (I)(H) Signs attached to electronic scoreboards, provided the following are met: (1) The scoreboard upon which the sign is attached is located on City owned or leased land, (2) The sign advertises a business or organization that made a monetary contribution towards the scoreboard in question, (3) The sign includes the words "This scoreboard donated by" or similar words to that effect, (4) The maximum size of the sign shall not exceed twenty-one (21) square feet, (5) The area of the sign shall not exceed twenty-four percent (24%) of the area of the scoreboard and sign combined, (6) The maximum height of the sign shall be ten (10) feet, measured from the average finished grade at the base of the scoreboard to the highest point of any part of the sign, (7) The sign shall not be illuminated. (8) The sign shall be covered by an attractive, fitted panel so that it is not visible during the months of November through March, and (9) The sign shall require written approval from the City Manager, or his/her designee, prior to its erection or alteration. SIGN ORDINANCE 44 City of South Burlington Ordinance DRAFT 2024-04-01 (I) Multi-tenant buildings and multi-building complexes that display individual tenant signs within an approved free-standing sign. A multi-tenant building or multi-building structure under common management and ownership that has an approved free-standing sign used to display signs bearing the names of the tenant uses within the building or complex may remove and/or replace the tenant signs within the approved free- standing sign without obtaining a Permanent Sign permit, subject to the following conditions: (1) The individual tenant sign proposed to be installed must have the same sign dimensions, use the same background color, use the same font color, and use the same font size as the individual tenant sign that is proposed to be removed. (J) One- or two-sided free-standing 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 the manager's designee, may not exceed fifty (50) square feet per side, must be at least fifteen (15) feet from the pavement of any public road, must not be located within any public right-of-way, and may not exceed ten (10) feet in height. Such signs may include an electronic message board Animated Sign not exceeding ten (10) square feet on each side of the sign, which may only be used between the hours of 7:00 A.M. and midnight. Information may be displayed on the message board on an intermittent basis, provided each display is at least five (5) minutes in duration. Each institution shall be limited to one (1) sign. (K) Signs reasonably necessary for the operation and use of the Green Mountain Transit Chittenden County Transportation Authority, its successors, and other public transit services. (L) Purely decorative murals, as defined in this Ordinance, that in the judgment of the Code Officer do not have the intent or visual effect of increasing the area of a sign. (M) All Wall and free-standing 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. (N) 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 Ordinance. Sculptures may be subject to the provisions of the South Burlington Land Development Regulations, as amended. (O) Vermont and Federal government markers of historical sites or places of interest and Vermont state tourism signs, provided such signs do not interfere with public safety. (P) One (1) help wanted sign of no more than four twelve (124) square feetmay be attached to permitted free-standing sign. (Q) Barber poles, in accordance with Vermont statutes. (R) 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 permit. Master Signage Permit pursuant to Section 87 of this Ordinance. The Design Review CommitteeThe Code Officer shall have the authority to determine the appropriate number, sizes, locations, designs and contents of such Wayfinding or interpretive signs to meet the objectives of the wayfinding or interpretive signage, but in no case SIGN ORDINANCE 45 City of South Burlington Ordinance DRAFT 2024-04-01 shall the size of any single Wayfinding or interpretive sign exceed twenty (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 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. (S) Signs designated as "historic" by the Vermont Division for Historic Preservation (or its successor) or the National Register of Historic Places. Alternations 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. (T) 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 (3) inches in height. (U) One (1) restaurant menu not exceeding two (2) square feet in size per restaurant, affixed to a Wall that is adjacent to a door that leads directly into such restaurant. No lettering or numbers shall exceed one (1) inch in height. No such menus shall be internally illuminated. Any other lighting shall be downcast directly onto the menu. (V) Up to two (2) signs affixed to an electric vehicle charging station not exceeding fifty (50) square inches per sign. (V) , up to twelve (12) square feet in size, direct exterior entry (W) Flags. The following types of flags are exempt from this Ordinance: (1) Properly displayed governmental flags of up to 24 square feet shall be permitted, but not in excess of three different flags per lot. (2) A business may display one flag of any type properly affixed to a building or permanent flagpole, not exceeding fifteen (15) square feet. SECTION 243. Non-Conforming Signs (A) Except as provided for in Section 24 (C), On or before JUNE 3, 2009, all non-conforming signs shall have been removed, lawfully replaced, or otherwise altered so as to comply with all applicable provisions of the South Burlington Sign Ordinance in effect as of that datewithin seven (7) years of adoption or amendment of this ordinance. (B) (B) An existing "conforming sign that was lawfully erected " shall become a non-conforming sign on the effective date of an amendment of this ordinance that establishes a standard or requirement with which the sign does not conform. A conforming sign shall be: (C) Any sign in existence on June 3, 2009, that on such date was in full compliance with all requirements of this ordinance as it was then constituted; or (D) Any sign first constructed after June 3, 2009, in strict compliance with a permit issued under this ordinance; or SIGN ORDINANCE 46 City of South Burlington Ordinance DRAFT 2024-04-01 (B) Any sign altered or relocated after June 3, 2009, in strict compliance with a permit issued under this ordinance. (E) Within five (5) years of the date a sign becomes non-conforming, it shall be removed or, following issuance of a permit, be altered or relocated to comply with this ordinance. (C) Exceptions. (1) Any approved landscape feature to which a sign was attached prior to the adoption of this Ordinance may continue indefinitely and may be normally maintained and repaired. (1) Any existing sign structure lawfully in existence prior to the adoption of this ordinance in the City Center Sign District, may be normally maintained or repaired. Any replacement of sign within the sign structure shall be in accordance with the standards of the District. (2) Existing internally illuminated signs lawfully in existence prior to the adoption of this ordinance are permitted to continue until such time as that sign is proposed to be altered or replaced through a new Permanent Sign permit. SECTION 254. Unsafe and Unlawful Signs 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 Ordinance, he the Code Officer shall immediately give written notice to the owner thereof and shall have said written notice served by certified mail with return receipt requested. If the owner failsed 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 required to 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. The Code Officer may cause any sign which is an immediate peril to person or property, to be removed summarily and without notice. SECTION 265. 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 (10) days after written notification from the Cityode 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. SIGN ORDINANCE 47 City of South Burlington Ordinance DRAFT 2024-04-01 SECTION 276. 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 Ordinance. SECTION 287. Renewal of Permits Upon the expiration of any permits under this Ordinance, 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 54 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 in accordance with this Ordinance. The Code Officer shall act within the number of days, and in the manner set out at Section 76. 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 Ordinance, as then amended, except as provided for Master Signage Permits in Section 87. SECTION 298. Appeals Any person aggrieved by any action of the Code Officer or Design Review Committee may appeal such action, or refusal to act, to the South Burlington Development Review Board. Such appeal shall be filedlodged with the City Clerk within fifteen (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 54 of this Ordinance. 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 South Burlington Land Development Regulations. The hearing shall be held at the time and place set by the Chairman of the Development Review Board but no sooner than seven (7) days, nor later than twenty (20) days, after public notice of such hearing has appeared in a newspaper having general circulation in the City. 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 Ordinance. Provided, however, in deciding such appeals, the Development Review Board may not grant variances, exemption, extra- ordinary relief or otherwise alter, amend, enlarge or modify the provisions of the Ordinance, 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. 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. SECTION 3029. Enforcement and Penalties Any person who violates a provision of this civil ordinance shall be subject to a civil penalty of up to $500 $800 per day for each day that such violation continues. The AdministrativeCode Officer or Assistant Administrative Officer of the City of South Burlington shall be authorized to act as the Iissuing Mmunicipal Oofficials to issue and pursue before the Judicial Bureau a municipal complaint. The Code Administrative Officer or Assistant Administrative Officer shall issue a written warning for a violation of this Ordinance before issuing a municipal complaint for a first offense of this Ordinance in any calendar year. SIGN ORDINANCE 48 City of South Burlington Ordinance DRAFT 2024-04-01 SECTION 30. Civil Penalty; Waiver Fee (A) An issuing municipal official is authorized to recover civil penalties in the following amounts for each violation: First offense $160 Second offense $320 Third offense $480 Fourth offense $640 Fifth and subsequent offenses $800 (B) An issuing municipal official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amounts, for any person who declines to contest a municipal complaint and pays the waiver fee: First offense $100 Second offense $250 Third offense $400 Fourth offense $550 Fifth and subsequent offenses $700 (A) 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: First offense - $25 $50 Second offense - $50 $75 Third offense - $75 $100 Fourth offense - $100 $125 Fifth offense - $125 $150 SIGN ORDINANCE 49 City of South Burlington Ordinance DRAFT 2024-04-01 Sixth offense - $150 $175 Seventh offense - $175 $200 Eight offense - $200 $250 Ninth offense - $275 $350 Tenth offense - $350 $450 Each subsequent offense $550 Offenses shall be counted on a calendar year basis. (B) Civil Penalties. An Issuing Municipal Official is authorized to recover civil penalties in the following amounts for each violation: First offense - $50 $100 Second offense - $100 $150 Third offense - $150 $200 Fourth offense - $200 $250 Fifth offense - $250 $300 Sixth offense - $300 $350 Seventh offense - $350 $400 Eight offense - $400 $500 Ninth offense - $450 $600 Tenth offense - $500 $700 Each subsequent offense - $800 Offenses shall be counted on a calendar year basis. SECTION 31. OTHER RELIEF 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. State law reference—Judicial bureau, 4 V.S.A. § 1102 et seq.; complaint signed by the issuing municipal official for civil ordinance violation, 24 V.S.A. § 1977. SECTION 312. Conformity with State Law Anything herein to the contrary notwithstanding, this Ordinance shall in no way be construed to permit the erection or maintenance of any sign contrary to the laws of Vermont, now in existence or hereafter enacted. SIGN ORDINANCE 50 City of South Burlington Ordinance DRAFT 2024-04-01 SECTION 3323. Severability If any portion of this Ordinance is held to be invalid by a court of competent jurisdiction, such finding shall not invalidate any other part of this Ordinance. Any part or provision of this Ordinance shall be considered severable and, if any provision of this Ordinance or the application thereto to any person or circumstance is held invalid, such invalidity shall not effect other provisions or applications of the Ordinance which can be given effect without the invalid provisions of application, and to this end the provisions of this Ordinance are declared severable. SECTION 33. Repeal of Zoning Provisions Adoption of this Ordinance shall be deemed to repeal such portions of the South Burlington Zoning Ordinance adopted June 25, 1973 and any amendments thereto, which are inconsistent with the provisions of this Ordinance. SECTION 34. Effect. This Ordinance shall take effect from the date of its passage. SIGN ORDINANCE 51 City of South Burlington Ordinance DRAFT 2024-04-01 SIGN ORDINANCE 52 City of South Burlington Ordinance DRAFT 2024-04-01 APPENDIX B Dorset Street/City Center Sign District Description of District Boundaries 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 stream bed 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 1336 feet. The boundary then heads in a northerly direction, and parallel to Barrett Street for 1130 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 1245 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. 180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4107 | WWW.SOUTHBURLINGTONVT.GOV • o • • • • 180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4107 | WWW.SOUTHBURLINGTONVT.GOV • • • • 180 Market St South Burlington, VT 05403 802-846-4105 April 1, 2024 The following 2024 first, second, third-class liquor licenses, and Tobacco/Tobacco Substitute Endorsement Licenses and Outside Consumption Permits was approved by the South Burlington Liquor Control Board after review by the City tax, fire and police departments: NAME DESCRIPTION Club 35 First Class Club License VT Pool and Bar First Class/Third Class Restaurant/Bar License and Outside Consumption Permit Sweet G Smoke Shop LLC Tobacco License/Tobacco Substitute Endorsement Weird Window Brewing First Class Restaurant/Bar License and Outside Consumption Permit Klinger’s Bread Company Second Class Liquor License Hana Japanese Restaurant First/Third Class Restaurant/Bar License Moose Loyal Oder of Lodge #1618 First Class/Third Class Club License and Outside Consumption Permit Champlain Farms South Burlington Second Class Liquor License and Tobacco License/Tobacco Substitute Endorsement Champlain Farms Exxon Second Class Liquor License and Tobacco License/Tobacco Substitute Endorsement Champlain Farms Second Class Liquor License and Tobacco License/Tobacco Substitute Endorsement Pulcinella’s LLC First/Third Class Restaurant/Bar License Black Radish Catering LLC First/Third Class Restaurant/Bar License 180 Market St South Burlington, VT 05403 802-846-4105 SOUTH BURLINGTON LIQUOR CONTROL BOARD _______ ______ Mike Scanlan Laurie Smith ______ _______ Tim Barritt Elizabeth Fitzgerald _______ Andrew Chalnick