(a)

Administrative review. In accordance with 24 V.S.A. § 4464(c), the administrative officer may review and approve new development and amendments to previously approved development. Section 30-919 outlines those activities that the administrative officer is authorized to review under this chapter.

(b)

Site plan review. Pursuant to section 30-722 and 24 V.S.A. § 4416, the site plan review shall apply to all allowed uses as designated in article II of this chapter, excluding single- and two-family dwellings, residential accessory uses or structures (including accessory dwellings, home occupations within a dwelling unit, day care home, and group homes occupied by eight or fewer clients/residents), signs, agriculture and/or forestry. Uses designated as conditional uses in article II of this chapter are not subject to additional site plan review procedures outside of subsection 30-723(e)(1).

(c)

Conditional use review. Pursuant to section 30-723 and 24 V.S.A. § 4414(3), the conditional use review shall apply to all conditional uses as designated in article II of this chapter or as otherwise specified under article III of this chapter.

(d)

Downtown design review. Pursuant to section 30-724 and 24 V.S.A. § 4414(1)(E), the downtown design review shall apply to all development, including, but not limited to, fencing, lighting, signage, alterations, rehabilitation, reconstruction, new construction and demolition within the downtown design control overlay district as designated in article II of this chapter.

(e)

Subdivision review. Pursuant to section 30-725 and 24 V.S.A. §§§ 4418, 4463 and 4464(c), boundary adjustments are subject to administrative review and approval; and subdivisions, resubdivisions and the creation of rights-of-way to access lots without frontage are subject to subdivision review and approval by the development review board.

(f)

Planned unit development (PUD) review. Pursuant to article VIII of this chapter and 24 V.S.A. § 4417, the planned unit development (PUD) review may be applied at the request of the applicant, or as required under article II or VIII of this chapter, to any size parcel in designated zoning districts.

(g)

Flood hazard review. Pursuant to article IX of this chapter, 24 V.S.A. § 4424 and 10 V.S.A. § 753, the flood hazard review shall apply to all development, including, but not limited to, new or expanded single-family dwellings as designated in article II of this chapter. Specific uses subject to site plan or conditional use review shall be reviewed concurrently with article IX of this chapter.

(h)

Combined review. If more than one type of review is required for a project, the reviews, to the extent feasible, shall be conducted concurrently (see section 30-725).

(Ord. No. O-2019-2, § 5.0, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

(a)

Site plan, conditional uses and downtown design control district. Applications for site plan, conditional use and downtown design control district review shall include a completed application form provided by the town, all required fees, and a development plan and associated materials that includes the information described in table 30-721.

(b)

Planned unit developments (PUDs). Applications for PUDs shall include:

(1)

All information required for major subdivision, as set forth in the town subdivision regulations.

(2)

On a map of the scale required by the subdivision regulations, detail showing the location, height and spacing of building sites, parking areas and property to be held in common.

(3)

A narrative statement by the applicant describing the character of the development and the reasons for the particular approach proposed. Such statement shall also describe the nature of all proposed modifications, changes or additions from the existing land use development ordinances, and the proposed standards and criteria for the development, including standards for the design, dimensions and spacing of buildings and sizes of lots and open spaces.

(4)

If residential units are proposed, a calculation of the number of units or lots which could be permitted if the land were subdivided in strict conformance with the minimum lot size for dwelling units in the district in which the land is situated, together with a brief narrative outlining the methodology which was used in making the calculation. For the purposes of this calculation, the applicant shall exclude at least all land greater than 25 percent in slope, all land which lies under water, the amount of land required by this chapter for all commercial or industrial uses proposed and land held within a designated floodway. The total number of residential units allowed may be increased by up to 25 percent of the total allowed under zoning district standards in accordance with article VIII of this chapter.

(c)

Flood hazard. Applications for flood hazard review shall include a completed application form provided by the town, all required fees, and a development plan and associated materials that includes the information described in table 30-721. The application also shall include:

(1)

An elevation certificate, prepared by a state licensed land surveyor or professional engineer, showing the elevation, in relation to mean sea level, of the lowest habitable floor, including basement, of all new or substantially improved structures;

(2)

The methods and levels to which any structure will be floodproofed and certification by the applicant's engineer or architect that the design and proposed methods of construction are in accordance with the floodproofing requirements of this chapter;

(3)

The relationship of the above to the channel, floodway and base flood elevations;

(4)

A description of the extent to which any watercourses will be altered or relocated as a result of the proposed development;

(5)

Base flood elevation data for planned unit development subdivisions, including existing and proposed contours, at one-foot intervals, for any proposed building sites and/or building envelopes located within the flood hazard area (see town subdivision regulations);

(6)

Any additional information required pursuant to section 30-757; and

(7)

Such other information deemed necessary by the development review board for determining the suitability of the site for the proposed development.

Table 30-721. Application Requirements

SPR = Site plan

CUR = Conditional use

DDR = Downtown design

FHA = Flood hazard area

√ = required

N/A = Not applicable

(d)

The development review board may require additional information depending upon the scope and location of the proposed project, including, but not limited to, the following:

(1)

Forest management, tree removal and vegetation management plans.

(2)

Stormwater management and erosion control plans.

(3)

Visual impact analysis (photographs or drawings of site).

(4)

Community service impact assessments (analysis of fiscal costs and benefits to the town).

(5)

Traffic impact analysis.

(6)

Open space management plan.

(7)

Site reclamation plan (for proposed projects involving extraction).

(8)

Habitat impact assessment.

(9)

Other information or studies necessary for the development review board to conduct a comprehensive review.

(Ord. No. O-2019-2, § 5.1, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

(a)

Application. An application for site plan review, including a site development plan prepared in accordance with table 30-721, and associated fee, shall be submitted to the administrative officer for consideration at the next available regularly scheduled meeting of the development review board.

(b)

Review procedure. the administrative officer shall refer a complete application for site plan review to the development review board and schedule a public hearing of the development review board, to be warned and held in accordance with sections 30-1092 and 30-1093, to review the application and to determine whether the proposed use or structure conforms to the site plan review standards set forth below. The development review board shall act to approve, approve with conditions, or disapprove any application within 45 days of the date of final hearing adjournment, and shall issue a written decision, to include findings, any conditions, and provisions for appeal in accordance with article X, division 4 of this chapter. Failure to act within the 45-day period shall be deemed approval on the 46th day. In approving a project with conditions, the development review board may require specific modifications to the design, layout, scale and/or configuration of the project.

(c)

Attendance at hearing. The applicant, or applicant's duly authorized representative, must attend the hearing to present and discuss the proposed site plan. An interested person, as defined in 24 V.S.A. § 4465(b), shall be in attendance to participate in the discussion, or if unable to attend, shall request party status in writing to the development review board, and participate by expressing their questions or comments in writing.

(d)

General standards. The development review board may consider and impose appropriate safeguards, modifications and conditions relative to the following standards:

(1)

Safety and efficiency of traffic access. Vehicular access and intersections with roads shall meet all applicable town and state design standards, including those set forth in section 30-646. Properties within the highway corridor overlay district must also comply with the standards in that district (article II, division 2, subdivision XX of this chapter). The development review board may also:

a.

Limit the number and size of curb cuts to a single access. Pre-existing, noncomplying curb cuts may require the reduction, consolidation or elimination of noncomplying curb cuts;

b.

Require shared access between adjoining properties for areas of compatible adjacent uses; congested or unsafe turning areas; or parcels with access to more than one road;

c.

Limit access to a side street or secondary road;

d.

Require the installation of acceleration, deceleration, and/or turning lanes on the street or highway adjacent to any access, or service or connecting roads if it determines such installation necessary for traffic safety;

e.

Require the provision of joint facilities between or among adjacent uses for access, parking and utilities, the total size of which shall be at least equal to the sum of the minimum required for each activity;

f.

Limit the number and width of any access drives to secure traffic safety and the purposes of this chapter;

Whenever a proposed site plan involves access to a state highway, the applicant shall include a letter of intent from the agency of transportation confirming that the agency has reviewed the proposed site plan and is prepared to issue an access permit under 19 V.S.A. § 1111, and setting out any conditions that the agency proposes to attach to the section 1111 permit. (See 24 V.S.A. § 4416.)

(2)

Adequacy of circulation, parking and loading facilities. Parking and loading facilities shall be provided per the requirements of section 30-658, and in accordance with the following:

a.

Parking shall be designed to minimize the visibility of parking areas from off-site through the location, landscaping and screening of such areas. Parking shall be located to the rear or interior side (side not fronting on a public road) of buildings, unless otherwise permitted by the development review board due to site conditions which would prevent the reasonable use of the property if this standard were strictly enforced. Large, uninterrupted expanses of parking shall be avoided.

b.

Driveway connections to parking areas on adjacent properties, or provision for future connection, shall be required where feasible. In the event that such connections allow for shared parking between properties, the overall parking requirements may be reduced pursuant to section 30-658(c).

c.

Adequate parking facilities for people with disabilities shall be required.

d.

Loading and delivery areas within the site shall be adequate to meet the anticipated needs of the use in a manner that does not interfere with parking, internal circulation and landscaping.

(3)

Bicycle and pedestrian access. Pedestrian circulation within the site, and access through the site to adjacent properties and along public roads, shall be provided. Such access may take the form of sidewalks, walking and/or bicycle paths, or other facilities depending upon the property's location, site conditions and proximity to other facilities. Bicycle racks may be required for commercial and public uses intended for general public access. In addition, adequate access from the parking area and sidewalks to the buildings that are open to the general public shall be provided for people with disabilities.

(4)

Landscaping and screening. Landscaping shall enhance the features and conditions unique to each site, and should include a combination of shade and street trees, shrubs, planting beds, well-kept grasses and ground covers. Landscaping may be required in front and side yards, adjacent to parking areas, where rear yards abut residential properties or public roads, and as otherwise necessary to provide adequate screening. Landscaping plans shall emphasize the following:

a.

The preservation of existing ground cover and trees, especially those that are mature or determined to be of special horticultural or landscape value.

b.

The use of both deciduous and coniferous shade trees in available yard area, especially front and side yards and parking areas. Shade trees may be placed to interrupt the facades of buildings, break-up expanses of parking, visually reduce the scale and bulk of large buildings, integrate the site with the surrounding landscape and to enhance environmental quality (e.g., wildlife habitat, soil stabilization, stormwater retention, air quality, energy conservation). Shade trees are especially important in instances where street trees are not practical because of site constraints.

c.

The use of street trees along well-traveled roads. Street trees should be planted where site conditions make such plantings practical, and are required for properties in the highway corridor overlay district (article II, division 2, subdivision XX of this chapter). Such trees shall be planted along the edge of the road right-of-way to create a canopy effect and shall be an indigenous, deciduous species tolerant of road-salt, soil compaction and drought.

d.

The development review board may require solid fencing and/or plantings to screen all outdoor lighting, outdoor storage areas and parking from the view of adjacent residential areas.

e.

The development review board may require a three-year plan for all proposed landscaping and may require bonding or other surety to ensure installation and maintenance in accordance with subsection 30-1094(2). Replacement of dead or diseased landscaping shall be a condition of the permit.

f.

Rain gardens and other innovative ways to filter run-off are encouraged.

(5)

Stormwater and drainage. Adequate provisions shall be made for the management of erosion, sedimentation, stormwater runoff, and disturbance of subsurface water sources that causes runoff onto adjoining properties. Surface water and subsurface water runoff shall be minimized and, if possible, detained on site. The development review board may require a stormwater management and erosion control plan, consistent with the 2017 state stormwater management manual, certified as such and prepared by a professional engineer licensed by the state. The plan shall provide detailed information regarding proposed erosion and sedimentation control measures to be employed during all stages of the development (including site preparation, construction and post-construction). The development review board may waive compliance with this provision in situations involving minimal disturbance of the site and/or limited areas of steep slope in which the development clearly poses a negligible risk to water quality, public facilities and roads, and nearby properties.

(6)

Lighting.

a.

Exterior lighting shall be confined to the intended use and kept to the minimum required for pedestrian and vehicular safety, but shall confine outdoor lighting principally with the property for security and intended use, consistent with the character of the neighborhood in which it is located.

b.

All permanent outdoor lighting fixtures shall not direct light onto adjacent properties, roads, or public waters; and shall minimize glare. All lighting fixtures shall be shielded downwards to minimize light from escaping into the darkened or night sky. All security lighting fixtures shall be motion sensitive fixtures and/or low luminance lamps. The development review board may restrict the height and/or location of fixtures and the maximum level of illumination on all or a portion of the property.

c.

The extent of this section is not contrary to or conflicting with the standards of design guidelines of the Outdoor Lighting Manual for Vermont Municipalities (1996) or its subsequent revisions, the development review board and applicants shall comply with the standards of recommendation therein.

d.

The development review board may impose conditions on exterior lighting in order to ensure compliance with the provisions of section 30-654.

(7)

Outdoor storage. The storage or display of outside materials, goods, supplies, vehicles, machinery or other materials shall be prohibited unless specifically approved by the development review board. Secured, covered areas shall be provided for the collection and on-site storage of trash and recyclables generated by the proposed development. If the development review board approves outdoor storage, it may place conditions on the area and location of such storage, and may require appropriate screening.

(8)

Outdoor display.

a.

General business district. Items may be displayed in the general business district as follows:

1.

The display of one item located immediately in front of the establishment. All items shall be brought in at closing, but no later than night fall.

2.

No items shall be illuminated nor create a glare.

3.

No items shall obstruct public right-of-way, sidewalk or parking area.

b.

Central business district. Items may be displayed in the central business district as follows:

1.

Only items that are normally used out-of-doors, except clothing apparel.

2.

Display area is limited to ten percent of the interior retail space not including storage areas, and shall not exceed 250 square feet.

3.

Display area is restricted to one side of the building not to exceed five feet in width measured from the building's foundation edge and shall not violate setback.

c.

Special conditions applicable to regional solid waste management facilities and salvage and recycling establishments. In addition to the general standards listed above, the following conditions shall apply to regional solid waste management facilities and salvage and recycling establishments:

1.

There shall be a landscaped screening area no less than 50 feet in depth, separating the facility from all adjacent properties or public roads;

2.

There shall be a fence no less than six feet in height surrounding the entire facility;

3.

There shall be a plan, approved by the development review board, for the control of loose rubbish and for the control of noise, dust and odor.

(e)

Terms of approval. The applicant shall initiate development as presented in site plan review within one year or forfeit approval of site plan review.

(f)

Performance bond. The development review board may require a performance bond or other surety, in a form and amount acceptable by the legislative body, to cover the cost of landscaping and any other improvements the development review board designates.

(Ord. No. O-2019-2, § 5.2, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

(a)

Application. An application for conditional use review, including a development plan prepared in accordance with section 30-721, and associated fee, shall be submitted to the administrative officer at least 20 days prior to the next available scheduled meeting of the development review board.

(b)

Review procedure. the administrative officer shall refer a complete application to the development review board and schedule a public hearing of the development review board, to be warned and held in accordance with sections 30-1092 and 30-1093, for the development review board's next available meeting date. The development review board shall consider whether the proposed use or structure conforms to the conditional use standards set forth below. The development review board shall act to approve, approve with conditions, or disapprove any application for conditional use review within 45 days after the date of final adjournment of the public hearing held under this section, and shall issue a written decision, in accordance with section 30-1094, to include findings, any conditions, and provisions for appeal. Failure to act within 45 days shall be deemed approval, effective the 46th day. In approving a project with conditions, the development review board may require specific modifications to the scale, layout and/or design of the project, or place restrictions on its operation and/or intensity to ensure compliance with this section.

(c)

Attendance at hearing. The applicant, or applicant's duly authorized representative, shall attend the hearing to present and discuss the proposed application. An interested person, as defined in 24 V.S.A. § 4465(b), shall be in attendance to participate in the discussion, or if unable to attend, shall request party status in writing to the development review board, and participate by expressing their questions or comments in writing.

(d)

General standards. Conditional use approval shall be granted by the development review board upon their determination that the proposed use or structure shall not have an undue adverse effect on any of the following:

(1)

The capacity of existing or planned community facilities or services. The development review board shall consider the demand for community services and facilities which will result from the proposed development, and determine whether that demand will exceed the capacity of existing facilities or services. In making such a determination, the development review board will consider any capital program or budget in effect at the time of application. Conditions may be imposed regarding the timing and phasing of development to minimize the impact on schools and other community facilities and services.

(2)

The character of the area affected. As defined by the purposes of the zoning district within which the project is located, and specifically stated policies and standards of the town plan. The development review board shall consider the location, scale and intensity of the proposed project relative to the use and character of adjoining properties and other properties likely to be affected by the proposed use. The development review board also shall consider the proposed project's compatibility with the purpose and character of the affected district as defined by this chapter, the town plan, and the testimony of affected property owners and other interested persons. Proposed activities that would adversely affect the character of the neighborhood, area or district shall not be approved unless the adverse impacts can be avoided or mitigated through changes to the location, design, scale, operation, composition and/or intensity of the proposed project or use.

(3)

Traffic on roads and highways in the vicinity. The development review board shall consider the projected impact of traffic resulting from the proposed development on the capacity, safety, efficiency and use of affected public roads, bridges, and intersections. The development review board will rely on accepted transportation standards in evaluating traffic impacts, and shall not approve a project that would result in the creation of unsafe conditions for pedestrians or motorists or unacceptable levels of service for local roads, highways and intersections, unless such conditions or levels of service can be mitigated by the applicant through physical improvements to the road network and/or traffic management strategies.

(4)

Ordinance and ordinances then in effect. A conditional use request must comply with all municipal ordinances, and regulations then in effect at the time of submission of the application, including conformance with the policies of the town plan and compliance with conditions of prior permits or approvals, including subdivision approval.

(5)

The utilization of renewable energy resources. The development review board will consider whether the proposed development shall interfere with the sustainable use of renewable energy resources either through use of those resources or on the proposed project's impact on the future availability of such resources.

(e)

Specific standards. In addition to the general standards set forth in subsection (d) of this section, the following shall apply to all conditional uses:

(1)

Site plan review general standards set forth in subsection 30-722(d) shall apply to all conditional uses reviewed under this section.

(2)

Site plan review district standards set forth in subsection 30-722(d) shall apply to all conditional uses located within the designated district and reviewed under this section.

(3)

Building design. The design and location of structures will be compatible with their proposed setting and context, as determined in relation to zoning district objectives and requirements, existing site conditions and features, and adjoining structures and uses. Conditions may be imposed with regard to siting, density, setbacks, height, type and pitch of roofs, massing and/or orientation, to ensure compatibility.

(4)

Protection of natural resources. Proposed development shall not have an adverse impact on important natural resources or fragile features located on the parcel, including wetlands, steep slopes, rivers and streams, critical wildlife and fish habitat and habitat diversity, groundwater source protection areas, and/or floodplains identified in the town plan or through field investigation. The development review board may require the following protection measures to ensure the protection of natural resources and fragile features:

a.

The establishment of buffer areas;

b.

Permanent protection through conservation easements or other deed restrictions;

c.

The designation of established building locations and/or building envelopes to ensure that activities incidental to the operation of the conditional use, including clearing and yard area, do not adversely impact identified resources; and/or

d.

The preparation and implementation of management plans for protected resources and associated buffers.

(5)

Performance standards. All conditional uses shall meet the standards set forth in section 30-659.

(6)

Protection of water quality. The proposed development shall not result in any direct or indirect discharge of waste, contaminants or stormwater, or any in-ground disposal of wastewater, in a manner that would adversely impact existing or planned, public or private, water supplies (including both groundwater and surface water). See article VI.

(f)

Modification of standards for minor projects. The development review board may modify one or more of the standards set forth in subsection (d) or (e) of this section should the development review board determine that the proposed use:

(1)

Will not result in an exterior change to an existing building; and

(2)

Will not require alterations to an existing site (e.g., will not result in additional parking requirements, existing landscaping is adequate, etc.).

(g)

Additional conditions. Additional specific conditions may be imposed by the development review board.

(h)

Appeals. A decision of the development review board may be appealed in accordance with 24 V.S.A. § 4471.

(Ord. No. O-2019-2, § 5.3, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

(a)

Design review approval. Except as otherwise provided in this chapter:

(1)

A change in use or type of occupancy shall not require design review approval.

(2)

The following acts are prohibited within the downtown design control overlay district without first obtaining design review approval from the development review board or approval of minor projects from the administrative officer:

a.

Construct or relocate a building.

b.

Add or alter the exterior of any structure or portion of a structure, including, but not limited to, buildings, permanent fences, awnings, canopies, and gazebos.

c.

Illuminate a sign, path or street, landscape feature, or any exterior feature of the structure.

(3)

Public art is exempt from development review approval. All public art will be subject to review and approval of the selectboard.

(b)

Application.

(1)

An application for downtown design control overlay district review along with the associated fee shall be submitted to the administrative officer at least seven days in advance of the next available regularly scheduled meeting of the downtown design review advisory commission and 14 days before the regularly scheduled development review board meeting. In addition to standard application materials, an application for design review shall include a detailed statement of the proposed construction or alteration, including:

a.

Its appropriateness to the neighborhood, surroundings or existing structures.

b.

A detailed, scaled drawing that clearly illustrates the proposed construction or alteration.

c.

Drawings or photographs showing existing conditions of the structure to be altered.

d.

Catalogue cut sheets and/or product renderings of lighting fixtures, fences or other equipment to be added to the exterior of the building.

e.

Other relevant information necessary for proper consideration of the application to be determined by the administrative officer.

(2)

Review by the downtown design review advisory commission.

a.

Within 15 days of a filing of a completed application, the applicant shall meet with the downtown design review advisory commission to present and review a design that meets with the criteria of subsection (d) of this section. The initial meeting may be continued upon mutual consent of the downtown design review advisory commission and applicant.

b.

the administrative officer shall determine the completeness of an application, schedule a hearing with the downtown design review advisory commission and subsequent hearing with the development review board.

c.

At the close of the downtown design review advisory commission hearing, the administrative officer shall forward the downtown design review advisory commission's written recommendation to the development review board.

d.

The downtown design review advisory commission functions in a customer service capacity to enable the applicant to prepare for a successful outcome at the upcoming development review board hearing. The downtown design review advisory commission shall advise applicants of potential responses of the development review board and suggest remedies to assist in preparing a more successful application in preparation for the following design review hearing with the development review board.

e.

The downtown design review advisory commission and applicant may mutually agree to continue the hearing for further design review in order to prepare more detailed plans.

(3)

The downtown design review advisory commission shall keep a written record of its discussion and recommendations, which shall be maintained as a public record of the town.

(4)

Review by the development review board of the design review application.

a.

The applicant shall have the primary responsibility of presenting the proposal to the development review board and establishing that the proposal meets the criteria in subsection (d) of this section.

b.

The decision issued by the development review board may, but need not, adopt the recommendations of the downtown design review advisory commission.

c.

Unless there is a mutual written agreement between the development review board and the applicant, the following requirements shall apply:

1.

After receiving the applicant's testimony and after reviewing the application materials and the downtown design review advisory commission's recommendation, the development review board shall issue its decision in writing to the applicant within 45 days from the close of testimony.

2.

Failure of the development review board to issue its decision within the time and in the manner specified shall constitute an automatic granting of design review approval, the occurrence of which shall be certified in writing to the applicant by the administrative officer. This stipulation applies only to design review approval and not to any additional zoning requirements that may apply to the application proposal.

d.

The applicant and the development review board may mutually agree to the extension of time for action by the downtown design review advisory commission or the development review board for submission of additional information by the applicant.

e.

The applicant shall be notified in writing of the decision and conditions of approval of the development review board.

(c)

Review limitations.

(1)

It is the intention of this chapter that new construction or alterations should blend with existing architectural styles or existing decorative details of other buildings within the downtown design control overlay district.

(2)

The development review board shall not adopt or impose any specific architectural style in the administration of this chapter.

(3)

The development review board and downtown design review advisory commission shall not be overly restrictive in their judgment of plans for construction or alterations of structures of little historic or design value. Furthermore, the development review board and the downtown design review advisory commission shall not be overly restrictive in their consideration of plans for energy conservation.

(d)

Design criteria. Before granting design review approval, the development review board shall find that any proposal substantially conforms to the following design criteria:

(1)

The historic character of a property shall be retained and preserved. The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property shall be avoided.

(2)

Distinctive materials, features and construction techniques or examples of craftsmanship that characterize a property shall be preserved. New additions, exterior alterations, or related new construction shall protect the integrity of the property and its environment through use of appropriate historic materials, features, size, scale, and proportioning that is compatible with that of surrounding structures.

(3)

Pattern. The visual pattern established by the alternation of solids (walls) and openings (windows and doors) in the facade of buildings creates a rhythm. These patterns of solids and openings shall be considered in new construction or alteration of an existing building. Variation of spacing between the buildings in the immediate area shall be considered in the construction or alteration of a building.

(e)

Design review minor application. Minor changes such as conversion to energy efficient windows, minimal lighting, maintenance to canopies, and minimal alterations not visible to the passing public may be issued an administrative permit. If the downtown design review advisory commission recommends approval as a minor application, the administrative officer will issue a permit. If not, a full design review process could be required. the administrative officer shall inform the development review board of all approved minor applications.

(f)

Demolition.

(1)

Demolition or removal of a building or structure shall require design plan approval from the development review board.

(2)

Before a building or structure is demolished or removed, the applicant shall present a plan for the re-use of the vacated site to determine if the plan meets the criteria for approval as stated in this chapter.

(3)

If the development review board determines upon testimony offered that there may be valid reason for preservation, the development review board may impose a waiting period of no more than 45 days.

(4)

The purpose of this provision is to afford a person or organization the opportunity to acquire or to arrange for the preservation of such building.

(5)

Any building with substantial structural instability resulting from fire or natural disaster, not a condition caused or suffered by the owner, shall be exempt from the provisions of this section.

(g)

Exterior lighting.

(1)

Exterior lighting shall conform to the requirements of section 30-654 as the same relates to the central business district.

(2)

In addition, any new exterior lighting in the downtown design control overlay district, that is highly visible from Main Street, shall be compatible with the period of the related building or area of the downtown design control overlay district. The applicant shall provide information on the type of proposed lighting fixture and the wattage of the bulb shall be provided in the application.

(3)

Applicants shall demonstrate that the amount, type, intensity and location of all exterior lighting is complementary to buildings and structures on site and neighboring properties.

(h)

Signs. Signs within the downtown design control overlay district shall meet the general and dimensional requirements for signs in the underlying zoning district in which the property is located. This applies to wall, projecting, freestanding, awning and portable signs. Signs which meet the requirements of section 30-678 and the underlying district may be approved by the administrative officer.

(1)

The proposed sign shall be sited to coordinate with the facade of the building. Wall signs shall be located within a sign band, if one exists.

(2)

In addition, the size, location, design, texture, lighting, and material of all exterior signs shall be complimentary to buildings and structures on the site and surrounding properties.

(Ord. No. O-2019-2, § 5.4, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

(a)

Applicability. In accordance with 24 V.S.A. § 4418, whenever any subdivision of land is proposed in the town, subdivision approval is required before the applicant commences any construction, grading, clearing, or land development. All subdivisions of land, uses and structures lawfully in existence as of the effective date of these regulations are allowed to continue indefinitely. Changes, alterations or expansions to pre-existing subdivisions, structures or uses shall be subject to all applicable requirements of these regulations.

(b)

Boundary adjustments. All boundary adjustments are subject to administrative review and approval in accordance with 24 V.S.A. § 4464(c), and shall meet the procedures and standards in this chapter.

(1)

Applications. The applicant shall provide the administrative officer a complete application signed by both property owners, with all applicable fees, along with a scale drawing of the lots being adjusted which shows the following:

a.

The existing and proposed boundaries of both lots;

b.

The existing and proposed perimeter dimensions of both lots;

c.

The existing and proposed area of both lots; and

d.

The names and addresses of the owners of both lots and of adjacent properties.

(2)

Review and approval. the administrative officer is authorized to review and approve applications for boundary line adjustments, provided that the applicant satisfies all of the following standards:

a.

No new lots are being created;

b.

No lot is being made nonconforming or more nonconforming;

c.

No structure is being made nonconforming or more nonconforming; and.

d.

All other provisions of the land use development ordinance are met.

The administrative officer reserves the right to refer any application to the development review board where it is deemed that board level review or interpretation is appropriate or necessary. In such cases, the applicant shall be responsible for any additional fees or submittals needed for board review.

(3)

Filing. The applicant shall submit for recording a plat within 180 days of the effective date of the approval is issued for the boundary line adjustment. If the applicant fails to submit a final plat within 180 days, the permit will expire and the applicant shall re-apply.

(4)

Waivers. The applicant may apply for a waiver for a full perimeter survey. the administrative officer may approve of the waiver if the full perimeter of the lot is more than 25 acres in total land area.

(c)

Sketch plan review (optional). A sketch plan review is intended to be an informal, non-binding discussion between the subdivider and the development review board to ensure that the proposed subdivision is consistent with the requirements of these regulations, and to explore optional layouts prior to the investment in detailed site layout and engineering. This review step is optional. Applicants are encouraged to be prepared to discuss options on tracing overlays of the scale drawing submitted to the development review board.

(1)

Application. The applicant shall provide the administrative officer a complete application, along with a sketch with shows their rough subdivision concept. Applicants are encouraged to submit very simplistic sketches, such as a tax map with hand drawn, approximate proposed lots.

(2)

Notification. the administrative officer will notify the applicant and all abutting property owners in writing of the public meeting at which the sketch plan discussion will take place.

(3)

Review meeting. Within 30 days of the receipt of a sketch plan application, the administrative officer will add an informal sketch plan discussion to the next development review board agenda. During the public meeting, the development review board shall review the application and provide informal, non-binding recommendations to the applicant, including preliminary feedback about the subdivision and zoning standards as they apply to the project concept.

(d)

Subdivision review. All subdivisions, amendments to existing subdivisions, and the creation of rights-of-way to access landlocked lots are subject to subdivision review and approval by the development review board in accordance with the requirements in subsection (d)(5).

(1)

Applications. The applicant shall provide the administrative officer a complete application signed, with all applicable fees, along with a subdivision plat. The plat shall show all dimensions in feet and decimals of a foot, and be drawn to a scale suitable for review by the development review board. It shall be clearly and legibly drawn, and the size of the sheet shall be of standard drawing size. Such sheets shall have a margin of two inches outside of the border lines on the left side for the binding and one-inch margin outside the border along the remaining sides. The plat shall include the following information:

a.

Date, north arrow, legend.

b.

Preparer information, revision dates, certifications.

c.

Scale (not greater than one inch = 200 feet unless waived for large parcels).

d.

Project boundaries and property lines.

e.

Existing and proposed lot lines, dimensions, parcel and lot numbers.

f.

Adjoining land uses, subdivisions, roads, drainage and utilities (including location and size of culverts and water and sewer mains).

g.

Zoning district designations and boundaries.

h.

Development limitations based on the locations of significant natural features as identified in the town plan and land use development ordinance, including but not limited to flood hazard areas, surface water features (wetlands, ponds, streams) and associated buffers, steep slopes (20 percent or greater), archeological resources, prime agricultural soils, critical wildlife habitat (deer wintering areas, rare plants and animal communities), historic sites and features (stone walls, cellar holes), and wellhead protection areas.

i.

Existing and proposed elevations, contour lines within 100 feet of any site development (structures, driveway, etc.).

j.

Existing and proposed driveways, roads, paths, parking areas, associated rights-of-way or easements.

k.

Monument locations should be shown on the plat and set in the ground.

l.

Vicinity map showing the location of the proposed subdivision in relation to town boundaries, major roads and surface water features.

m.

Required plat endorsement (subsection (7)).

n.

Additional plat requirements or supporting information if required based on the complexity of the proposed developments and as determined by the development review board:

1.

Proposed utilities, water and wastewater systems and associated rights-of-way or easements on the plat.

2.

Proposed building or development envelopes on the plat.

3.

Proposed conservation easement and/or buffer areas on the plat.

4.

Supplemental drawings/plans: road profiles, road, intersection and parking area geometry and construction schematics, proposed landscaping and screening.

5.

Engineering reports (water and wastewater systems).

6.

Existing and proposed traffic generation rates and volumes.

7.

Off-site easements (for water, wastewater, access, etc.).

8.

Proposed phasing schedule.

9.

Proposed deed restrictions.

10.

Proposed homeowner or tenant associations or agreements.

11.

Proposed performance bond or surety.

(2)

Supporting materials. In addition to maps and drawings, written materials shall also be submitted to the development review board, if applicable:

a.

Statement of compliance with the town plan and applicable land use development ordinance provisions.

b.

Copy of all other local permits or approvals, or pending applications.

c.

Local or state access permits or letter of intent.

d.

Vermont Agency of Natural Resources permit navigator results summary.

e.

Written request to the select board for a preliminary determination of the Town's willingness to accept any roads, utilities or other community facilities for the subdivision

(3)

Number of copies. The subdivider shall provide the administrative officer with six copies of the following: the completed application form; the final subdivision plat; all supporting materials; all offers of conveyance, covenants and agreements; and all construction drawings for all site work and improvements required by these regulations.

(4)

Notification. Within 30 days of receipt of a complete application, the administrative officer shall warn a public hearing in accordance with section 30-1092, and will notify the applicant and all owners of abutting properties of the date of the public hearing when the development review board will consider the proposed subdivision as required by state statute. In the case of a plat located within 500 feet of a municipal boundary, a copy of the notice shall be sent to the clerk of the adjacent municipality, at least 15 days before the public hearing.

(5)

Standards. The development review board shall review the proposed subdivision to ensure that it is in compliance with these regulations and the following subdivision standards:

a.

All proposed lots shall be surveyed and shall meet the minimum dimensional standards for the district within which the lot is located.

b.

New lots shall be designed to meet their intended purpose; elongated lots and lots with irregular shapes (curves, jogs, dog-legs, etc.) must not be created unless warranted by conditions of topography, the location of natural features or existing road conditions.

c.

Corner lots shall have sufficient width to permit a front yard setback on each street while side lot lines shall generally be at right angles to straight streets, or radial to curved street lines.

d.

Existing features, including but not limited to water courses and drainage ways, pathways, historic sites and structures, shorelands, fence and tree lines, wetlands, areas characterized by shallow soils or steep slopes, prominent geologic features, or any other unique features which have been identified in the town plan and/or which in the development review board's judgement are an asset to the site and/or community, shall be identified and preserved insofar as possible through careful placement of buildings and appropriate lot configuration.

e.

Subdivision boundaries, lot layout and building sites shall be located and configured to avoid the fragmentation and/or development of prime agricultural soils and forestry lands. To avoid negative impacts, access roads, driveways and utility corridors may be restricted to field edges or, in the event that no other land is practical for development, on the least fertile soils in order to minimize the use of productive agricultural or forest lands.

f.

Land shall be subdivided and developed to retain, insofar as possible, the natural contours and to conserve the natural cover and soil. The development review board may require the preparation of a sedimentation and erosion control plan to ensure that site improvements, including excavation, road and driveway construction and site clearing and grading, shall not unduly impact neighboring properties or surface waters. Such a plan, if required, shall be prepared by a licensed Vermont engineer.

g.

All proposed access roads and driveways must meet the standards set forth in section 30-646. The development review board may require additional information to evaluate impacts of the proposed development on traffic and road safety and capacity.

h.

Subdivisions located along existing or proposed public transit routes may be required to provide a transit stop or shelter.

i.

Subdivisions in areas served by existing or planned sidewalks or bicycle facilities must incorporate adequate facilities to make connections to facilitate pedestrian and bicycle access to and from the subdivision. The development review board may require a 20-foot wide perpetual easement or right-of-way for future pedestrian or bicycle connections between the subdivision and adjacent neighborhoods, schools, recreation areas or shopping areas.

j.

The proposed subdivision will not create an undue burden on public facilities or create an unreasonable demand for public services, including but not limited to fire and police protection, schools and area roads and highways. Letters from municipal department heads may be included in the application to demonstrate that this standard has been met.

k.

Proposed building lots shall be served by adequate water supply and wastewater disposal systems. A complete application must include copies of a state water and wastewater permit or permit application.

l.

All other provisions of the land use development ordinance are met.

(6)

Action by the development review board. The development review board shall, within 45 days from the adjournment of the public hearing, act to approve, approve with conditions or disapprove the subdivision in accordance with 24 V.S.A. § 4463. If the development review board fails to act on the proposed subdivision within 45 days specified above, the plat shall be deemed approved. Provisions for appeal of these regulations shall be set forth in the written decision of the development review board.

The development review board may require a performance bond or other surety, in a form and amount acceptable by the legislative body, to cover the cost of any required improvements the development review board designates.

The development review board may set conditions to the approval of any subdivision if it deems the conditions necessary to the achievement of the purpose and objectives of these regulations.

Consulting engineering and legal services may be contracted by the town to ensure that subdivision plans and construction of any required improves meet the applicable standards and conditions of approval. Such services shall be paid for by the subdivider.

(7)

Endorsement. Every approved subdivision plat shall carry the following endorsement on the Mylar copy to be filed with the town clerk:

"Approved by the development review board of the Town of Springfield, Vermont, on the ___ day of ___________, 20___, subject to all requirements and conditions of said Approval.

Signed this ___ day of ___________, 20___, by ___________, on behalf of the Springfield development review board."

(8)

Filing. After final approval by the development review board, completion of the requirements of subdivision III of this division and section 22-395 and notation to that effect upon the final subdivision plat, the subdivision shall be deemed to have final approval. The subdivider shall have prepared a final plat which incorporates all changes required by the development review board and which meets the requirements of 27, V.S.A., Ch. 17 (27 V.S.A. § 1401 et seq.). Such final plat shall be endorsed by the development review board chairperson and filed in the office of the town clerk. Any subdivision not so filed or recorded within 180 days of the date upon which such plat is approved or considered approved by reason of the failure of the development review board to act shall become null and void, unless the particular circumstances of said applicant warrant the administrative officer development review board to grant an extension which shall not exceed two additional periods of 90 additional days.

(9)

Phasing. At the time the development review board grants final approval to a major subdivision, it may permit the plat to be divided into two or more phases, subject to any conditions the development review board deems necessary to ensure the orderly development of the plat. The applicant may, with development review board approval, file a plat corresponding to one or more phases, provided that any plat so filed corresponds to no less than ten percent of the total approved subdivision. In these circumstances, plat approval on the remaining sections of the plat shall remain in effect for three years or a period of time mutually agreed to by the selectboard, the development review board and the subdivider. The development review board may require, however, that plats for subsequent phases may not be filed until work on previously filed phases is substantially complete.

If at any time field changes to the approved subdivision which modify the location and configuration of roads or the configuration or lots, the subdivider shall submit the revised plat to the development review board for approval as an amended subdivision in accordance with article III, division 6 of this chapter.

If the project is subject to phasing under this section, and if field changes in any phase modify the location and configuration of roads or the configuration of lots, no subsequent phase may be started until the development review board has approved a revised plat as an amended subdivision in accordance with article III, division 6 of this chapter.

(10)

Waivers. The applicant may apply for waivers for one or more subdivision requirements, including standards and/or procedural requirements. If the development review board finds that extraordinary and unnecessary hardship may result from strict compliance with these subdivision regulations or where there are special circumstances of a particular plat, it may waiver the requirements of these subdivision regulations so that substantial justice may be done and the public interest secured. The development review board shall first find that the waivers will not have the effect of nullifying the intent and purpose of the official map, the town plan, or the zoning regulations.

(Ord. No. 2022-2, 10-24-2022)

In accordance with 24 V.S.A. § 4462, in cases where a proposed project will require more than one type of development review, the development review board may warn and hold a joint hearing or single hearing for the purpose of reviewing and acting on the proposal. the administrative officer shall identify proposed projects appropriate for combined review and assist applicants in preparing and submitting coordinated applications to facilitate combined review.

Notice for a combined review hearing shall be made in accordance with 24 V.S.A. § 4464(a)(1). The hearing notice shall include a statement that the hearing will be a combined review of the proposed project and list each review process that will be conducted at the hearing.

All hearing and decision requirements and all deadlines applicable to each review process shall apply. Separate written decisions may be issued for each review conducted as part of the combined review, but shall be coordinated where appropriate.

(Ord. No. 2022-2, 10-24-2022)