In accordance with Section 4416 of the Act, no zoning permit shall be issued by the Administrative Officer for any use or structure until the Planning Commission grants site development plan approval. In reviewing site plans, the Planning Commission may impose appropriate conditions and safeguards only with respect to the adequacy of traffic access, circulation and parking, landscaping and screening, and the protection of renewable energy resources. The Planning Commission shall act to approve or disapprove any such site plan within 60 days of its initial review. Failure to act within such period shall be deemed approval. The clearing of vegetation and/or construction of driveways and roads in preparation for a use requiring site development plan approval shall not occur before site development plan approval has been granted.

A.

Exemptions.

(1)

Exempted from this requirement are one- and two-family dwellings and their related structures, home occupations, agriculture and forestry uses, and essential services. Also exempted are amendments to uses or structures which, in the opinion of the Zoning Administrator and Planning Commission Chairperson, are minor and have no adverse effect in terms of the objectives stated below in Subsection C. All such amendments shall be reported to the Planning Commission.

(2)

Changes which involve curb cuts, internal or external circulation patterns and pedestrian circulation and changes which would require a variance will not be considered minor and are not exempt from this requirement.

B.

Applications.

(1)

The owner shall submit two copies of a site development plan drawing showing at a minimum the name and address of the owner of record, names of adjoining property owners, parcel size and location, access road(s), existing and proposed structures, existing and proposed drainage and grading, landscape features significant for the development (water, vegetation), the name and address of the person or firm preparing the drawing, scale of map, North arrow, and date.

(2)

If any of the following are preexisting on the site or will be included in the development of the site, they shall be drawn to scale on the plan: internal streets, driveways and walks, utility easements and rights-of-way, parking and loading areas, aboveground equipment such as propane tanks, utility lines, transformers and switches, outside storage areas, sewage disposal areas, plantings, exterior lighting and signs. The Planning Commission may require such plan to be prepared by a professional architect, landscape architect, engineer, or surveyor. Building information, including elevations and floor plans, may also be required.

(3)

In addition, some or all of the following may be required by the Planning Commission:

(a)

Site location map of the proposed development.

(b)

Building information, including elevations and floor plans.

(c)

A survey of the property or a portion of the property prepared by a licensed engineer and/or land surveyor showing boundaries, contours, vegetation and natural features, structures, access points, utility easements and rights-of-way.

(d)

Information regarding and deed restrictions on file in the Town land records.

(e)

Stormwater drainage plan, including site grading, prepared by a licensed engineer.

(f)

Plan for emergency vehicle access.

(g)

Detailed specifications of existing and proposed plantings and other landscape elements such as benches and walkways.

(h)

Timetable for completion of improvements. For phased developments, construction sequence and time schedule for completion of each phase for buildings, parking spaces and landscaped areas of the entire development.

(i)

Cost estimate of all project construction and landscape materials to be installed.

(j)

Estimate of daily and peak-hour traffic generation and/or a traffic impact study.

(k)

Any other information or data that the Planning Commission may reasonably require.

C.

Review standards. The Planning Commission shall conform to the requirements of Section 4416 of the Act before acting upon any application. The Planning Commission shall consider and may impose conditions in relation to the following objectives:

(1)

Maximum safety of traffic circulation between the site and the street network and integration with the overall traffic pattern, including provisions for auxiliary roadways connecting with adjacent properties where appropriate. Included in this evaluation shall be the location, number and width of access points, curve radii at access points, acceleration or deceleration lanes on adjacent public streets, sight distances, lighting, location of sidewalks and other walkways, and the overall relationship of the proposed development with existing traffic conditions in the area. All modes of transportation shall be taken into account, including pedestrian, bicycle, handicapped, delivery and emergency vehicles and public transportation.

(2)

Adequacy of on site circulation, parking, and loading facilities, with particular attention to safety. Included in this evaluation shall be traffic movement patterns, drive and aisle widths, directional signs, location of loading docks and parking areas, number and size of parking spaces, and provision for lighting, drainage, snow removal and access for emergency vehicles and public transportation.

(3)

Adequacy of landscaping, screening, and setbacks in achieving maximum compatibility with and protection of adjacent properties by screening from them any glare produced by interior or exterior lights and unsightly areas such as storage areas, and parking lots; assurance that landscape materials will not interfere with visibility or safety and that they are of a type that can survive and be maintained as proposed.

(4)

Adequacy of provision for safety and convenience of pedestrians, bicyclists, and handicapped persons. Included in this evaluation shall be lighting of walks and entrances, design and placement of walks and crosswalks, pick-up points for public transportation and provision of bicycle racks.

(5)

Protection of renewable energy resources, including a finding that the proposed development does not adversely affect the ability of adjacent properties to use this form of energy.

(6)

Compliance with other provisions of these regulations including § 260-27, Landscaping, and § 260-31, Land use performance standards.

(7)

Other factors that are directly related to the above aspects of site plan review.

D.

The Commission may require the submission of a bond, escrow account, or other surety in a form acceptable to the Town to assure one or more of the following: the completion of the project, adequate stabilization, or protection of public facilities that may be affected by a project.

(1)

The Commission may require that no zoning permit, except for any permits that may be required for infrastructure construction, may be issued unless the streets and other required public improvements have been satisfactorily installed in accordance with the approval decision and pertinent bylaws. In lieu of the completion of the required public improvements, the Commission may require for the benefit of the municipality a performance bond or other security issued either by a bonding or surety company approved by the legislative body or by the owner with security acceptable to the legislative body in an amount sufficient to cover the full cost of those new streets and required improvements on or in those streets or highways and their maintenance for a period of two years after completion as is estimated by the Town. This bond or other security shall provide for, and secure to the public, the completion of any improvements that may be required within the period fixed in the subdivision bylaws for that completion and for the maintenance of those improvements for a period of two years after completion. Any costs incurred by the Town related to the performance bond or other securities are the responsibility of the applicant and/or property owner.

(2)

The performance bond required by this subsection shall run for a term to be fixed by the Commission, but in no case for a longer term than three years. However, with the consent of the owner, the term of that bond may be extended for an additional period not to exceed three years. If any required improvements have not been installed or maintained as provided within the term of the performance bond, the bond shall be forfeited to the municipality and upon receipt of the proceeds of the bond, the Town shall install or maintain such improvements as are covered by the performance bond.

As provided for in Section 4414(1)(E) of the Act, provision is hereby made for establishment of design review districts for any area containing structures of historical, architectural or cultural merit, as well as areas with striking vistas, agricultural settlement patterns or other significant landscape features. Within this designated district, all structures that are erected, reconstructed, altered, restored, moved, or demolished, or land development that is commenced must be in compliance with the design review sections detailed in these regulations. A Design Review Committee (DRC) may be appointed by the Selectboard in accordance with Section 4433 of the Act to advise the Planning Commission.

A.

Downtown White River Junction Design Review District.

(1)

Purpose. The purpose of this district is to recognize that White River Junction's natural beauty and visual and historic character represent an important asset to the Town, and contribute substantially to White River Junction's economic base. In order to protect and enhance these attributes, the district is established to ensure that development considers the existing architecture, site layout, streetscape design, and sign placement and design. This design review is not intended to require property owners to solely rehabilitate or replicate. Although reuse of existing buildings is encouraged wherever possible, new construction is appropriate when designed with sensitivity to the historic character and design features in the district. Specific recommendations for development and redevelopment of the district are made in the White River Junction Design Plan (2001) and White River Junction Design Guidelines (2001), which are incorporated into the Zoning Regulations by reference.

(2)

Goals. The design goals of the Downtown White River Junction Design Review District are as follows:

(a)

To maintain a vibrant downtown, economically, functionally and culturally.

(b)

To preserve and conserve the historic qualities of the downtown and retain a sense of place.

(c)

To ensure architectural and site enhancements and/or new development projects preserve and/or enhance the historic qualities of downtown.

(d)

To acknowledge and preserve the integrity of the built form of the downtown, including landmarks, buildings and streetscape patterns.

(e)

To support public and private sector design and development that is compatible with the qualities of the downtown streetscape, townscape and historic architecture.

(f)

To educate the public on the value of preserving and enhancing the downtown and the historic district.

(g)

To create suitable places for pedestrians.

(h)

To accommodate parking with the least impact and encourage shared parking where appropriate.

(3)

District boundaries. The Downtown White River Junction Design Review District shall consist of all lands designated on the White River Junction Design Review District Boundary Map referenced in § 260-12 of these Zoning Regulations.

(4)

Uses. All uses that are currently permitted or conditionally permitted in the underlying zoning district remain the same. All dimensional requirements from the underlying zoning district, unless otherwise stated in the White River Junction Design Guidelines, remain the same.

(5)

Design review approval. Except as hereafter provided, no person shall do or cause to be done any of the following acts with respect to any building located within the Downtown White River Junction Design Review District without first obtaining design review approval from the DRC, and design review approval from the Planning Commission. If, after review by the DRC, the Committee determines that the changes are minor and have no adverse effect related to the goals identified in Subsection A(2), the DRC may recommend to the Planning Commission that the proposed change be approved administratively in accordance with Subsection A(6).

(a)

New construction, including, but not limited to, a building, wall, fence, or other streetscape or site development activities on private and public land, including in the right-of-way.

(b)

Addition, alteration or restoration of the exterior of a building, including windows, doorways, porches, roofing, siding and other materials when different from those existing.

(c)

Alteration of the roof line of a building, excluding chimney alterations.

(d)

Moving of a building from its present location to another.

(e)

The demolition of a building [see Subsection A(12)].

(6)

Administrative design review approval.

(a)

If, in the opinion of the Zoning Administrator and the Planning Commission Chairperson with input from the DRC Chairperson, the following items are determined to be minor and have no adverse effect related to the goals identified in Subsection A(2), administrative design review approval may be granted. Such improvements may include:

[1]

Landscaping upgrades consistent with the guidelines;

[2]

Routine maintenance or repair of any structure, as long as the maintenance or repair does not result in any change of design, type of material, or appearance of the structure or its appurtenances;

[3]

Simple utility adjustments or upgrades, such as replacement of a transformer, new power poles or satellite dish;

[4]

Installation of permanent signs; or

[5]

Installation of exterior lighting.

(b)

Otherwise, design review approval by the Planning Commission is required.

(7)

Exempt development. The following activities are exempt from design review approval requirements:

(a)

Routine site maintenance and repair;

(b)

A change in use or occupancy;

(c)

Exterior changes that cannot be seen from any public area;

(d)

Interior changes;

(e)

The refacing of an existing sign; or

(f)

Painting (using the same color or changing to a different color).

(8)

Review procedures. For application deadlines, the applicant shall consult the Hartford Planning Commission and Zoning Board of Adjustment adopted schedule. Once an application for design review approval is received by the Administrative Officer and determined to be complete, the following procedures shall be followed:

(a)

The DRC shall meet to review the application within 10 days of the application submittal deadline. Said meeting may be continued upon mutual consent by the DRC and applicant.

(b)

The DRC shall forward a written recommendation of the application to the Planning Commission prior to the next scheduled Planning Commission public hearing.

(c)

The Planning Commission shall review the DRC recommendation on the proposal at a public hearing and render a decision on the application within 45 days after the adjournment of the public hearing.

(9)

Application requirements. In addition to the submittal requirements of § 260-45, any application for construction, reconstruction, alteration, or demolition of any building in the Downtown White River Junction Design Review District shall include the following:

(a)

Narrative describing the project;

(b)

Description of materials to be used on the exterior of the building;

(c)

Proposed architectural elevations (prepared by an architect registered in the State of Vermont) showing door and window types, shutters and other exterior details;

(d)

Color photographs of the subject building;

(e)

Color photographs of existing buildings on adjacent or nearby properties to illustrate the existing streetscape;

(f)

Site plan; and

(g)

Any additional information which may be requested by the DRC or the Planning Commission as necessary for a clear understanding of the proposal, including scale models or other three-dimensional analyses.

(10)

Diversity of design. These regulations recognize the value of diversity in design solutions based on a wide variety of architectural styles and design philosophies, without imposing a particular aesthetic value or prohibiting the introduction of new forms into the built environment, provided these are consistent with the intent of this district.

(11)

Design criteria. In making a determination on an application, the Design Review Committee and Planning Commission shall give consideration to the White River Junction Design Plan and White River Junction Design Guidelines and the following criteria:

(a)

The way in which the project preserves and/or enhances the integrity of the historic architecture of the downtown and the specific buildings.

(b)

The way in which the project uses historically appropriate or compatible materials where possible in rehabilitation and new construction projects.

(c)

The way in which the project respects existing setbacks, scale and massing when developing a new building or addition.

(d)

The way in which the project employs appropriate lighting patterns and levels that reflect use, safety and security.

(e)

The way in which the project implements streetscape elements on a building-by-building basis.

(f)

The way in which the project preserves the landscape, including existing terrain, trees and vegetation to the extent feasible.

(g)

The way in which the project promotes accessibility and rear access from parking areas to commercial buildings.

(h)

The way in which the project provides efficient and effective vehicular and pedestrian circulation.

(i)

The way in which the details being proposed for the building, including window, door, and trim, are compatible with the existing and adjacent buildings' historic and design qualities.

(12)

Demolition of historic buildings within the design review district.

(a)

All requests for the demolition of a building listed as a contributing property on the National Register of Historic Places within the Downtown White River Junction Design Review District shall be submitted to the Administrative Officer.

[1]

The DRC shall meet to review the request within 10 days of the application submittal deadline. Said meeting may be continued upon mutual consent by the DRC and applicant.

[2]

The DRC shall forward a written recommendation of the application to the Planning Commission prior to the next scheduled Planning Commission public hearing.

[3]

The Planning Commission shall review the DRC recommendation on the proposal at a public hearing and render a decision on the application within 45 days after the adjournment of the public hearing.

(b)

The applicant shall provide evidence at the time of the demolition request that one of the following conditions has been met:

[1]

Retention of the building is not feasible because it is structurally unsound as determined by a structural engineer licensed in the State of Vermont; or

[2]

Rehabilitation of the building, or portion thereof, would cause undue financial hardship. The applicant must provide clear and convincing evidence that any reasonable return cannot be obtained from the building without approval of the request for demolition.

(c)

If the request for demolition is approved by the Planning Commission, the applicant shall provide an opportunity to the Historic Preservation Commission to conduct photo documentation of the interior of the building no less than 15 days prior to the scheduled demolition.

(d)

If a building has been damaged by flood, fire, wind or other act of nature in excess of 70% of its fair market value prior to damage as determined by a State of Vermont certified or licensed real estate appraiser, permission for demolition may be granted by the Administrative Officer without prior review by the DRC or the Planning Commission.

In accordance with Section 4417 of the Act, the Planning Commission may vary certain regulations in order to encourage new communities, innovation in design and layout, more efficient use of land and to preserve the natural and scenic qualities of the open land in Town. Approval for a planned development may be granted by the Planning Commission with the approval of a subdivision plat. Approval of a planned development includes approval of a major subdivision.

A.

Proposals for planned development shall be submitted to the Planning Commission. The material accompanying the proposal shall contain the following:

(1)

The required site plan shall show all buildings, parking areas and landscaping at a scale sufficient to permit the study of all elements of the plan. All utilities shall also be shown and described. Typical elevations and floor plans of all buildings may also be required. In addition, the site plans shall show the adjacent building outlines and other outstanding features within 200 feet. Amendments to approved site plans which, in the opinion of the Zoning Administrator and Planning Commission Chairperson, are minor and have no adverse effect in terms of the objectives stated in Subsection A(2) may be approved administratively upon filing of the appropriate applications.

(2)

A narrative master plan, the Official Development Plan, which shall state the objective, uses (permitted and/or conditional as appropriate), area and dimension standards, phasing, and any other land use standards appropriate to the planned development and necessary to meet the objectives and intent of the Hartford Master Plan, Zoning Regulations, and the planned development.

B.

The purpose (conditions) of a planned development shall be to encourage a development which will result in:

(1)

A choice in the types of environment and living units (where applicable) available to the public, and quality in land uses so that development will be a permanent and long-term asset to the Town.

(2)

Open space and recreation areas if dwelling units are a part of the development.

(3)

A pattern of development which preserves trees, outstanding natural topography and geologic features and prevents soil erosion.

(4)

An efficient use of land resulting in small networks of utilities and streets.

(5)

An environment in harmony with surrounding development.

(6)

A more desirable environment than would be possible through the strict application of other sections of these regulations.

C.

Density may vary within the development. The Planning Commission may permit an additional number of dwelling units in an area designated for residential use so long as the total number of such dwelling units shall not exceed 125% of the permitted number of units based on a calculation in conformance with strict application of the zone district standards for area per family contained in the table of Article II for the district in which the land is situated. This density bonus shall never be automatic, but shall be based on a review by the Planning Commission that concludes that the developer's plan includes design, innovative features, or facilities that satisfy the purposes listed in Subsection B above.

D.

The predominant use or impact of the land use shall not differ substantially from the uses permitted in the district in which the plan is located. In a planned development, dwelling units may be multifamily. In a planned development in a residential district, commercial educational and public facilities may be allowed which are designed to serve the development and the area around the development.

E.

Minimum area and dimension requirements may be waived; however, these will be evaluated by the Planning Commission on their individual merit. Any changes which are granted shall be noted on the plat.

F.

A planned development shall comply with the following standards:

(1)

Off-lot water and sewer may be required for over six dwelling units.

(2)

At least 50% of the development shall be in open space for public and/or common usage. The regulations for control and maintenance of this open space shall be approved by the Planning Commission. This may be waived by the Planning Commission for commercial and industrial planned developments, providing adequate screening and landscaping are provided.

(3)

The municipality may, at any time, accept the dedication of land or any interest in land for public use and maintenance. The Planning Commission may require that the applicant or landowner provide for and establish an organization or trust for the ownership and maintenance of any common facilities or open space, and that this organization or trust shall not be dissolved or revoked nor shall it dispose of any common open space, by sale or otherwise, except to an organization or trust conceived and established to own and maintain the common open space, without first offering to dedicate the same to the municipality or other governmental agency to maintain those common facilities or that open space.

G.

The Planning Commission may prescribe, from time to time, rules and regulations to supplement the standards and conditions set forth in these Zoning Regulations for planned developments, provided the rules and regulations are not inconsistent with the Zoning Regulations. The Planning Commission shall hold a public hearing after public notice as required by Section 4464 of the Act prior to the establishment of any supplementary rules and regulations for planned developments.

The following uses may be regulated only with respect to location, size, height, building bulk, yards, courts, setbacks, density of buildings, off-street parking, loading facilities, traffic, noise, lighting, landscaping, and screening requirements and only to the extent that regulations do not have the effect of interfering with the intended functional use:

A.

State- or community-owned and -operated institutions and facilities.

B.

Public and private schools and other educational institutions certified by the State Department of Education.

C.

Churches and other places of worship, convents, and parish houses.

D.

Public and private hospitals.

E.

Regional solid waste management facilities certified under 10 V.S.A. Chapter 159.

F.

Hazardous waste management facilities for which a notice of intent to construct has been received under 10 V.S.A. § 6606a.

The Zoning Board of Adjustment shall hear and decide requests for variances as required by § 4469(a) of 24 V.S.A. Chapter 117. In granting a variance, the Board may impose conditions it deems necessary and appropriate under the circumstances to implement the purposes of these regulations and the municipal plan currently in effect. The Board may grant a variance and render a decision in favor of the appellant only if all of the following facts are found, and the findings are specified in its written decision:

A.

There are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that unnecessary hardship is due to these conditions and not the circumstances or conditions generally created by the provisions of these regulations in the neighborhood or district in which the property is located;

B.

Because of these physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of these regulations and that the authorization of a variance is necessary to enable the reasonable use of the property;

C.

The unnecessary hardship has not been created by the appellant;

D.

The variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, substantially or permanently impair the appropriate use or development of adjacent property, reduce access to renewable energy resources, or be detrimental to the public welfare; and

E.

The variance, if authorized, will represent the minimum that will afford relief and will represent the least deviation possible from these regulations and from the plan.

The annual list of application deadlines and public hearings for the Planning Commission and Zoning Board of Adjustment shall be available in December of each year. The schedule may be amended by the Planning Commission or Zoning Board of Adjustment as necessary. Regular meetings may be cancelled at any time by the Chair of the respective Commission/Board. To the extent possible, applications requiring review by the Planning Commission and Zoning Board of Adjustment shall be scheduled to be heard during the same application cycle. The Planning Commission and Zoning Board of Adjustment shall adopt procedures for submission and review of said applications. The Planning Commission and Zoning Board of Adjustment must issue a written decision within 45 days of the closing of the public hearing. Failure to issue a decision within this period shall be deemed approval and shall be effective on the 46th day.

The Planning Commission/Zoning Board of Adjustment/Administrative Officer may obtain an independent technical review of an application at the applicant's expense in accordance with adopted policies/procedures. (The Hartford Selectboard adopted a policy on March 28, 2006, outlining procedures and standards for assessment of technical review costs on zoning applicants.)

A.

Purpose. The intent of this section is to provide flexibility in setback requirements for the placement of primary and accessory structures in all zoning districts while maintaining the character of the area.

B.

Allowable waivers. One of the following conditions must exist in order for a waiver to be considered, providing that a minimum setback of five feet is maintained. Waivers do not apply to setbacks from surface waters, which must meet provisions set forth in § 260-25 of these regulations and the Hartford Flood Hazard Area Regulations. Editor's Note: See Ch. 58, Flood Hazard Area Regulations. Such waivers may be granted for new and complying existing structures by the Zoning Board of Adjustment following a public hearing.

(1)

When the reduction is no greater than the front or side setbacks for existing structures on adjacent lots on the same street frontage.

(2)

For greater fire safety as recommended by the Hartford Fire Department.

(3)

For greater preservation of open land/agricultural land or scenic vistas.

(4)

For greater preservation of other natural resources, such as, but not limited to, surface waters, wetlands or steep slopes.

(5)

For increased energy conservation and renewable energy structures.

(6)

The waiver, if authorized, will represent the minimum necessary to achieve the stated purpose of this section.

C.

Application procedures. Applications shall be submitted to the Zoning Board of Adjustment for review and consideration at a public hearing in accordance with Section 4414(3) of the Act and the Town's application procedures and schedule.

D.

Approval criteria. The Zoning Board of Adjustment shall determine that, in issuing the setback waiver, the proposed development will:

(1)

Be compatible with the scale and design of structures and overall existing development pattern of the surrounding area.

(2)

Not impair reasonable or appropriate use of adjoining properties.

(3)

Not result in greater impacts on natural resources.

(4)

Not impair sight distances on public or private roads.

E.

Conditions of approval. In permitting a waiver, the Board may require certain conditions to meet the stated objectives of the zoning district, reduce or eliminate impacts, or protect the interests of the surrounding properties, neighborhood or Town as a whole. These conditions may include, but need not be limited to, the following:

(1)

Limit the size of the structure;

(2)

Require landscaping and screening;

(3)

Reduce the encroachment into the setback;

(4)

Control the location and number of vehicular access points; or

(5)

Require applications to have professional site plans prepared by a surveyor, engineer or architect licensed by the State of Vermont.