FINDINGS OF FACT

On the 24th day of February 2016 the Colchester Development Review Board approved the Preliminary Plat application of Rivers Edge Building Development, LLC for a 45-unit, 22-lot planned unit development on a previously undeveloped 25.23 acre lot. The planned unit development consists of: 1) nineteen (19) single family lots; 2) thirteen (13) duplex structures; 3) one common parcel; and 4) 2,100 feet of public road. The subject property is located at 239 Malletts Bay Avenue, Tax Map 6, Parcel 8. The approval is based upon the following facts:

1.         DISCUSSION

This project consists of a Preliminary Plat plan of Brigante Living Trust and Rivers Edge Building Development, LLC for a 45-unit, 22-lot planned unit development on a previously undeveloped 25.23 acre lot. The planned unit development consists of: 1) nineteen (19) single family lots; 2) thirteen (13) duplex structures; 3) one common parcel; and 4) 2,100 feet of public road. The subject property is located at 239 Malletts Bay Avenue, Tax Map 6, Parcel 8.

The property is located in the R2 District and is bounded on the north by a single-family dwelling unit on a large lot, on the east by Malletts Bay Avenue, and undeveloped parcel, and several single-family dwellings on smaller lots, and on the south by an agricultural property and on the west by undeveloped floodplain.

This project is deemed to be a major subdivision. It was recommended that the applicant file a Site Plan application for planned unit development at Final Plat to allow minor changes to the proposed project to be evaluated as Site Plan rather than Final Plat amendments in the future.

The final plat should depict the property at a one inch equals 20 feet scale as required by the Subdivision Regulations.

It was noted that Sheet Two depicts an odd structure proposed between units 27 and 28 that the applicant should, remove or clarify as to what it is. D. Burke reported that the area is a protected area for Harsh Sunflower Plants and there will be a split rail fence around that area.

As of the date of issuance of the Findings of Fact and Order the following person(s) have been granted interested party status:

1.   Matthew Cain, 80 Anna's Court„ Colchester, VT 05446

2.   Katelyn Dorey, 54 Anna's Court, Colchester, VT 05446

The following is an excerpt from the minutes of February 24, 2016:

David Burke of O'Leary-Burke was present on behalf of the Preliminary Plat application. Tom Sheppard, Paul Brogna and Peter Sheppard were also in attendance in the audience along with the Cosimo Brigante, John Brigante and Peter Brigante.

The presentation included, but was not limited to, the following:

•     The property is a 25.23 acre parcel located on Malletts Bay Avenue and will be served by Anna's Way.

•     The application is for 45 units to be comprised of 13 duplexes and 19 single family homes.

•     The project will be served by municipal water and on-site septic.

•     A sidewalk is proposed along with a multi-use path that would connect to Thomas Drive in lieu of a recreational amenity.

•     The plan depicts a 32% common open space with walking trails.

•     Part of the open space could be cleared and marked for future recreational amenity by the homeowner's association.

•     The lot is predominantly wooded.

•     The applicant does not believe that a waiver needs to be granted for the septic system in the PUD buffer as they are conventional in-ground systems.

•     There are many single family lots larger than 20,000 sq. ft. being proposed.

•     There is a sand plain community that is protected by the Fish and Wildlife Department in the open space land.

•     The applicant will meet with Staff prior to Final Plat submittal to discuss the Circumferential Highway right-of-way which was never purchased by the State nor did the State ever contact the property owners.

•     The applicant will provide follow-up to Staff with regard to the traffic study.

The Board reviewed the Preliminary Plat application.

Matthew Cain, 80 Anna's Court, spoke in favor of the proposed multi-use path connecting to Thomas Drive.

Katelyn Dorey, 54 Anna's Court, spoke in favor of the path connection to Thomas Drive and discussed the existing safety concerns when trying to walk along Malletts Bay Avenue.

The Board reviewed the Preliminary Plat application.

A motion was made by M. Palmer and seconded by A. MacDonald to close the public hearing. The motion passed with a vote of 5 — 0.

In deliberative session a motion was made by M. Palmer and seconded by E. Richard to approve the Preliminary Plat application, with conditions. The motion passed with a vote of 5 — 0.

II.        FINDINGS OF FACT

The Development Review Board has found that the project will not have any adverse effects as defined by the criteria listed in the Town of Colchester Zoning Regulations and the Subdivision Regulations.

ZONING REGULATIONS

Section 9.01C General Standards:  The project, a planned unit development, is meeting the minimum overall size of 1.5 acres. The fifty-foot perimeter buffer is shown on the plans however it appears that waivers will be necessary for the proposed public road and on-site septic systems. Per the definitions section of the Zoning Regulations, septic systems are structures and do require waivers. The applicant formally requested the waivers at the hearing from the Board.

Section 9.O1D Specific Standards: Proposed lots range in size from .38 acres square feet to 8.2 acres for the open space lot. Several lots appear to require lot size (20,000 square feet) and frontage (125 contiguous linear feet) waivers. The applicant requested and the Board granted the waivers as well as for portions of the 50-foot perimeter setback. The smallest lot size proposed is 16,802 sq. ft. and the lot with the least frontage is 85 feet. An internal setback waiver for front yards will be required from 30 feet to 25 feet. The applicant requested and the Board granted the front yard setback waiver. The applicant is proposing to reserve 32.5% of the site for open space (only 25% required). A walking trail is proposed with connections to the development is proposed and shown on the plans. The open space will be owned and maintained by the proposed homeowners association. The applicant removed the recreational amenity lot proposed at sketch and instead proposes a multiuse path connection from the development to Thomas Drive.

Section 9.O1D (4) Varied Types of Dwellings: Identical replication of structures, textures and color are strongly discouraged in planned unit developments. The applicant stated that the duplex units will have three different forms and the single family dwellings will vary in form and color. It is recommended that duplexes also vary in color. Renderings of the units were provided at the hearing.

SUBDIVISION REGULATIONS

Section 301 Required Improvement List: The project shall be expected to comply with this section of the Subdivision Regulations as part of the Final Plat approval.

Section 302 Suitability of Land:  The density for the property would allow up to 54 units and the applicant is proposing 45 units.

Section 303 Lot Layout: Generally newly created lots should have side lot lines at right angles to the road right-of-way. All of the proposed lots generally conform to this requirement. Lot 3 will have two front yards and lot 18 and Common Land Area B in the vicinity of unit 29 will have three front yards. This may be challenging in the future to accommodate sheds, pools, and other customary accessory structures. If feasible the plans should be revised to eliminate some of the multiple front yards especially for lot 18 as it will be a single family dwelling with three front yards thereby prohibiting pools, sheds, and other accessory structures in the future. It was recommended that lot 18 and several of the duplexes on lot Common Land Area C be swapped.

Section 304 Building Envelopes: Building envelopes are depicted on the plans that meet setback requirements of the R2 District with the exception of front yards that will require a 5 foot waiver.

Section 305 Monuments and Lot Corner Markers: The proposed lots shall be expected to comply with this section of the Subdivision Regulations as part of the final plat approval.

Section 306 Energy Conservation: The applicant shall enroll the new homes in the Vermont Energy Star program prior to the issuance of a Certificate of Occupancy. The applicant shall file a Vermont Residential Building Energy Standards (RBES) Certificate for the new residences in the Town Clerk's Office within 30 days of completing the project.

Section 307 Water Supply: The project shall be expected to comply with this section of the Subdivision Regulations as part of the Final Plat approval. See Section 318(B) below.

Section 308 Sewage Disposal: The project shall be expected to comply with this section of the Subdivision Regulations as part of the Final Plat approval. See Section 318(A) below.

Section 309 Site Preservation and Landscaping: The plans show existing features, and natural cover. The site is heavily wooded and while a large portion of the site will remain preserved and wooded, staff recommended limiting cutting on the individual lots and specifically stating that the buffer is a no-cut area. A known natural community is preserved on the open space lot. The covenants and homeowners association documents shall provide for the upkeep and conservation of the open space parcel. The land shall be subdivided and improved in reasonable conformity to existing topography in order to minimize grading, cut and fill, and retain, insofar as possible, the natural contours, limit storm water runoff, and conserve the natural cover and soil. Buffering of the proposed project site from the adjacent agricultural lands and circumferential highway right-of-way was recommended. The applicant provided on sheet 10 a typical of the proposed condo foundation plantings as well as proposed street trees.

Section 310 Streets: The applicant proposed to construct a 26-foot wide paved public road with open drainage in an internal loop. In accordance with Section 1.2 C of the DPW Specifications & Standards, all public streets shall be provided with horizontal curves having a minimum radius length of 150' when measured to the center of the roadway. Two of the proposed curves do not appear to meet this requirement and do not provide adequate sight distance. A waiver was requested and granted from the Department of Public Works for both of these locations. The curves centered approximately at stations 20+40 and 28+50 have been provided with 115' and 135' radii, respectively. An additional 10' combined easement has been provided along the inside of both curves for street lights, trees, and sight distance. Care must be exercised in the selection and placement of street trees to avoid sight distance issues. Based on this additional easement, both curves will provide the minimum required 150' safe stopping sight distance based on an expected 25 mph posting.

The proposed Roadway Cross Section Details on Sheets 9 and 12 shows an altered shoulder section with 2' of 2" plant mixed gravel over the normal extended 2' roadway base just beyond the pavement edge. This altered section without a thin layer of topsoil and seeding is intended to reduce and/or delay the occurrence of roadside puddling once vegetation is established. This shoulder should also provide more stability for roadside parking. This application is being conducted as a test and has been previously discussed with DPW Staff.

On street parking shall be restricted to one-side only. An Ordinance amendment shall be completed along with Stop Sign Warrant Analysis and Speed Study prior to acceptance of the roadway by the Town.

A Quitclaim Easement Deed for Private Utility (Across Public Road) shall be required for all locations where private force main sewer lines cross under the proposed public road.

A portion of the subject property near the northwestern end of the parcel is crossed by the previously planned VTrans Circ Highway. This future road right of way is shown on the Town's Official Map. As part of the current Malletts Bay Initiative, the Town is looking at options to address current capacity issues with all forms of transportation along the Blakely/Lakeshore/Prim corridor. One of the options being considered is installation of a collector/arterial along a portion of the Circ ROW from Heineberg Dr. to a point where a connection with Malletts Bay Ave and Blakely Rd can be made.

Section 311 Pedestrian Access: The applicant proposed a five-foot-wide sidewalk along the new public road. The applicant will be required to install sidewalks along the proposed public road in accordance with the Colchester Public Works Standards and Specifications.

The applicant has also proposed a multi-use path along Malletts Bay Avenue. Prior to final plat submittal, the plans shall be revised to provide detailed plans of proposed multi-use path along Malletts Bay Ave including sufficient contours and/or spot elevations to confirm drainage and driveway connections. Additional stormwater calculations shall also be provided to address this increase in impervious surface.

The plans shall also be revised to provide Warning signs (W11-2) with Arrow Plaque (W 16-7P) at crossing and advance warning signs (W11-2.) in addition to proposed crosswalk and ADA compliant ramps. Signs shall be provided in fluorescent yellow-green.

The applicant proposed a cinder path to connect the proposed sidewalk on the public street to the open space lot between lots 15 and 16. The path will be owned and maintained by the homeowners association and should be addressed in draft homeowners documents to be reviewed and approved by the Town's Attorney.

Section 312 Utilities: All utilities shall be underground. The project shall be expected to comply with this section of the Subdivision Regulations as part of the Final Plat approval.

Section 313 Storm Drainage & Erosion Control: The project shall be expected to comply with this section of the Subdivision Regulations as part of the Final Plat approval. See Section 318(C) below.

Section 314 Excavation & Grading:  The project shall be expected to comply with this section of the Subdivision Regulations as part of the Final Plat approval.

Section 315 Outdoor Lighting: The applicant proposed five street lights along the new public road. The final plat application shall include revised plans showing conduit placement and pull boxes for street lights to confirm spacing and placement within an easement. The lights shall be in accordance with the Colchester Public Works Specifications and Standards. 55 watt Induction Post-Top fixtures on 12' poles, 400' o.c. and at roadway intersections shall be installed. The street light disconnect shall be located outside of the public ROW. An easement shall be given to the power provider for the placement and maintenance of the street light disconnect. Sufficient evergreen screening shrubs shall be provided such that the street light disconnect is not visible from the Street/Road and the screening shall in no way interfere with necessary minimum sight distances. All proposed street lights within public rights-of-way shall be constructed so as to become the property of the Town upon acceptance of the street. Should the Public Works Specifications for street lights change prior to issuance of the building permit, the applicant shall amend the plans to reflect the new street lighting standard.

Section 316 Recreation Areas: The applicant proposed a walking trail within the 8.2 acres of open space for passive recreation. The applicant presented an alternative to a tot lot or active recreational amenity for the Board's consideration. The alternative is a multiuse path to link the project to Thomas Drive. While the applicant does not provide background in the cover letter, the applicant has verbally stated that demographics in new subdivisions do not justify the need for a tot lot and similar structures can become liabilities to associations. Discussion with the Recreation Department on this project and possible active recreation use alternatives has identified a town need to better prescribe the types and sizes of recreational amenities relative to various projects. While a solution will be developed by staff for future use by the Board, this solution is likely to occur in the long term and not during the review of this project. Staff recommended that the Board provide due consideration of this alternative.

Section 317 Open Space & Common Land: Up to 25% of the project may be required to be restricted as open space by the Development Review Board. The applicant proposed to reserve 32.5% of the site for open space. The applicant proposed a trail through the open space lot to be used for passive recreation. The open space is proposed to be owned and maintained by the proposed homeowners' association. Maintenance, ownership, and proposed restrictions of the open space areas should be noted in the draft homeowner's documents to be reviewed and approved by the Town's Attorney.

Section 318(A) Pollution: The application included information on proposed and existing septic facilities as well as design calculations. Wastewater disposal systems shall conform to the Environmental Protection Rules. The applicant shall receive approval for a State Wastewater Permit prior to recording of the mylar. It appears that no wastewater easements are required.

Section 318(B) Water Supply: The final plat application shall include an ability to serve letter from Fire District Two. The District shall also review and approve all water supply plans prior to the issuance of a building permit.

Section 318(C) Soil Erosion: The preliminary plat application included details of the stormwater design and a stormwater management plan. The proposed project will disturb in excess of 1 acre of land, and therefore a State Construction General Stormwater Permit (3-9020) shall be required. The applicant shall amend current State Stormwater Permit 6900¬9015 to reflect changes in amount of impervious surfaces. The applicant shall provide a copy of the State Stormwater Permit application including post construction management plan to DPW.

The Developer/Homeowner's Association (HOA) shall enter into a stormwater maintenance agreement with the Town prior to the issuance of a building permit. The stormwater maintenance agreement shall be noted on all individual lot deeds. Upon acceptance of the roadway by the Town, the Town and the Developer/HOA will become Co-applicants on a General Permit 3-9015. It will be the responsibility of the Developer/HOA to initiate the process for co-applicant addition, usually at the next permit renewal cycle. The Town of Colchester will only be responsible for the stormwater infrastructure constructed within the Town Right-of-Way. The Developer/HOA will be responsible for all stormwater infrastructure constructed outside of the Town Right-of-Way including but not limited to private driveways, walkways, and roof areas.

Section 318(D) Traffic: The applicant provided a traffic study for the project dated January 2016 prepared by O'Leary Burke Civil Associates. The Department of Public Works has reviewed the traffic study and has requested a third party consultant review and comment on the study prior to final plat submittal. Any recommendations of the Town and/or consultant shall be incorporated into the final plat submittal. The traffic study shall also be revised to provide additional AADT counts from CCRPC data just outside (East, West, and South) of the survey area should be included with analysis. For instance, counts in the 10,300-10,400 range along Blakely Rd and a 3,700 count along Malletts Bay Ave south of Lavigne Rd should be evaluated to see if predicted intersection loads are consistent. Some of the proposed splits do not seem consistent with typical traffic patterns for expected queuing. For instance, the assumed bypass of Thomas Rd for most of AM and PM peak hour traffic seems questionable. The recent counts appear to be misleading due to the limited amount of data obtained, especially for the PM count on Anna's Ct. The prevalence of right turning movements only with the PM ingress and egress seems unlikely when applied to total trips at full buildout and does not seem consistent with above noted counts. Reverse of AM 2/3 — 1/3 egress split is probably more appropriate.

Section 318(E) Natural Areas: The applicant noted the presence of a natural community on the open space lot as identified by the Vermont Nongame Natural Heritage Program and shows this area as being set aside. Natural cover as well as trees to be retained are shown on the plans.

Section 318(E) Historic Sites: The applicant stated that a sensitive archaeological area is part of the open space area to be preserved. The final plat shall include any correspondence from the State Division of Historic Preservation.

Section 318(F) Streets & Public Facilities: The proposed roadways should conform to the Colchester Public Works standards.

Section 318(G) School Review: The applicant provided correspondence from the Colchester School District Superintendent's Office stating that the proposed project will not adversely impact the School District.

Section 318(1-4 Governmental Services: The Colchester Building Inspector consulted with the two fire departments that service Colchester. Their comments are as follows:

1.   Proposed fire hydrants are shown on the plans. These hydrants shall have four-inch Storz connections.

2.   Each unit shall have the 911 address installed in compliance with Chapter 17 of the Colchester Code of Ordinances prior to the issuance of a certificate of occupancy.

3.   While note required, the installation of residential sprinkler systems are recommended.

TOWN OF COLCHESTER

COUNTY OF CHITTENDEN

STATE OF VERMONT

ORDER

Based upon the aforesaid Findings of Fact, the Colchester Development Review Board hereby approves the Preliminary Plat application of Rivers Edge Building Development, LLC for a 45-unit, 22-lot planned unit development on a previously undeveloped 25.23 acre lot. The planned unit development consists of: 1) nineteen (19) single family lots; 2) thirteen (13) duplex structures; 3) one common parcel; and 4) 2,100 feet of public road. 2016 The subject property is located at 239 Malletts Bay Avenue, Tax Map 6, Parcel 8. The approval is per a fourteen (14) page set of plans titled "Brigante Woods" prepared by O'Leary-Burke Civil Associates, PLC dated 10/30/15 and stamped received by the Planning and Zoning Office with the following conditions:

1.      All previous approvals and stipulations which are not superseded by this approval shall remain in effect.

2.      The applicant requested and the Board granted the following waivers:

a.      A waiver of the PUD setback for the public road and on-site septic.

b.      A waiver of lot size down to 16,802 vs. 20,000 required and 85 ft. vs. 125 ft. required for frontage.

c.      A waiver of the front yard for a 25 ft. vs. 30 ft. required

3.      The applicant shall provide the following as part of the Final Plat submittal:

a.      Prior to Final Plat submittal, the applicant shall meet with the Director of Public Works and the Director of Planning and Zoning regarding the ROW for the Vtrans Circumferential Highway crossing.

b.      A third party review for the Traffic Study Impact shall be submitted. The traffic study shall be revised to provide additional AADT counts from CCRPC data just outside (East, West, and South) of the survey area should be included with analysis.

c.      Revised plans for the multi-use path along Malletts Bay Avenue to include sufficient contours and/or spot elevations to confirm drainage and driveway connections. Additional stormwater calculations shall also be provided to address the increase in impervious surface.

d.      Revised plans to provide Warning signs (W11-2) with Arrow Plaque (W 16-7P) at crossing and advance warning signs (W11-2.) in addition to proposed crosswalk and ADA compliant ramps. Signs shall be provided in fluorescent yellow-green.

e.      Revised plan showing conduit placement and pull boxes for street lights to confirm spacing and placement within an easement

f.       A summary sheet detailing the division of impervious surfaces and stormwater management for long term maintenance.

g.      The hydrants shall have a four-inch Storz connection.

h.      Open space between Lots #12 and #13 shall be cleared and set aside for passive recreation and possible future recreation amenity by the homeowner's association.

4.      The residential units shall be constructed to the Vermont Residential Energy Standards and enroll the homes in the Vermont Energy Star Program.

5.      On street parking shall be restricted to one-side only.

6.      The street lights shall be in accordance with the Colchester Public Works Specifications and Standards. 55 watt Induction Post-Top fixtures on 12' poles, 400' o.c. and at roadway intersections shall be installed. The street light disconnect shall be located outside of the public ROW. An easement shall be given to the power provider for the placement and maintenance of the street light disconnect. Sufficient evergreen screening shrubs shall be provided such that the street light disconnect is not visible from the Street/Road and the screening shall in no way interfere with necessary minimum sight distances. All proposed street lights within public rights-of-way shall be constructed so as to become the property of the Town upon acceptance of the street. Should the Public Works Specifications for street lights change prior to issuance of the building permit, the applicant shall amend the plans to reflect the new street lighting standard.

7.      An Ordinance amendment shall be completed along with Stop Sign Warrant Analysis and Speed Study prior to acceptance or transfer of the public road to the Town.

8.      The stormwater maintenance agreement shall be noted on all individual lot deeds. Upon acceptance of the roadway by the Town, the Town and the Developer/HOA will become Co-applicants on a Individual Stormwater Permit or General Permit 3-9015 as required by the State. It will be the responsibility of the Developer/HOA to initiate the process for co-applicant addition, usually at the next permit renewal cycle. The Town of Colchester will only be responsible for the stormwater infrastructure constructed within the Town Right-of-Way. The Developer/HOA will be responsible for all stormwater infrastructure constructed outside of the Town Right-of-Way including but not limited to private driveways, walkways, and roof areas.

9.      Post development stormwater runoff flows shall be equal to or less than pre-development stormwater runoff flows for a minimum of 25-year, 24-hour storm event.

10.    The developer shall be responsible for all stormwater infrastructure constructed outside of the Town Rights-of-Way and the impervious surface associated with private driveways, roofs.

11.    The stopping of traffic on adjacent public roadway shall not be permitted without necessary traffic control measures in accordance with MUTCD including approach signing and flagmen. Deliveries and hauling operations shall be coordinated not to occur during times of peak traffic volumes (7:30am -8:30am & 4:30pm — 5:30pm.)

12.    Prior to recording the Final Plat plan, the applicant shall submit a copy of the survey plat in digital format (Colchester Plane Coordinate System) meeting the Town of Colchester "Specifications for the Submission of Survey Plats, Final Plat Plans & Boundary Line Adjustments in Digital Form". Upon certification by the Chairman or Clerk, the Mylar copy shall be submitted to the Town Clerk to be filed in the Town Land Records.

13.    The Final Plat plan shall be recorded in the Town of Colchester land records within 180 days or this approval is null and void. The final plat plan shall be in the form of a Mylar copy (18" by 24") depicting meets and bounds survey of the approved subdivision and shall identify a minimum of three witness monuments located, or to be located on, the property with boundaries referenced to the Colchester Plane Coordinate System (coincident with the Vermont Plane Coordinate System) based on the 1983 North American Datum. Such monuments shall be established at a minimum survey error of closure of 1:10,000. All plans to be recorded shall meet the requirements of the Town of Colchester's "Specifications for the Submission of Survey or Boundary Line Adjustment Mylars to be recorded in the Town Land Records" Policy. The plan shall be signed by the Development Review Board Chair or Clerk prior to recording.

14.    Prior to the issuance of any Building Permits the property front line corners for each lot shall be established with witness stakes or iron pins. Prior to issuance of a Certificate of Occupancy said property line corners shall be established with permanent monumentation.

15.    All utilities shall be underground.

16.    Prior to recording the Plat for the proposed development the applicant shall submit and receive approval of the following:

a.      Executed warranty deeds for all rights-of-way and easements to be dedicated to the Town, and a Certificate of Title showing the title to be free and clear of all encumbrances. All proposed deeds, easements, association documents and Certificate of Titles shall be submitted to the Planning and Zoning Department in digital Word format. Deeds and certificates shall be approved by the Town Attorney. Approval of deeds by the Town does not constitute acceptance.

b.      Submit all covenants, homeowner's documents, legal restrictions, including but not limited to maintenance of recreation areas, maintenance, ownership, restrictions, conservation and upkeep of open space, maintenance of cinder path between lots 15 & 16, restricted no-build and no cutting areas and proposed Bylaws to the Town Attorney for review and approval The Declaration of Bylaws shall clearly state that the Association shall own and maintain proposed common open space and recreational amenities. The Association shall be structured so that the proposed Association Board has the authority to convey common land to the Town without signoff from each Association member.

c.      The applicant shall execute a Public Improvement Agreement with the Town of Colchester and the Town's Attorney shall review and approve the offer of dedication.

d.      The applicant shall submit and receive all necessary State Wastewater and Potable Water Supply Permits for the project.

17.    Prior to issuance of a building permit:

a.      Fire District Two shall review and approve the water service to the project.

b.      The applicant shall amend current State Stormwater Permit 6900-9015 to reflect changes in amount of impervious surfaces. The applicant shall provide a copy of the State Stormwater Permit application including post construction management plan to DPW.

c.      The Developer/Homeowner's Association (HOA) shall enter into a stormwater maintenance agreement with the Town prior to Town acceptance of the public road.

d.      A Quitclaim Easement Deed for Private Utility (across public road) shall be required for all locations where private force main sewer main lines cross under the public road.

18.    Prior to the issuance of a building permit for the proposed development and after the requirements of conditions #15 and #16 have been met and all requisite legal documents recorded (including but not limited to offers of dedication and easements), the applicant shall complete a pre-construction meeting with Town Staff. The applicant is responsible for ensuring the project engineer and contractors attend this meeting.

19.    A sign application must be submitted by the applicant and must be reviewed and approved by the Zoning Administrator prior to the erection of any signs. No signage is approved at this time.

20.    Prior to issuance of a Certificate of Occupancy:

a.      Prior to the issuance of a Certificate of Occupancy the applicant shall file a Residential Building Energy Standards (RBES) Certificate for each new residence in the Town Clerk's Office within 30 days of completing the project.

b.      Each residence shall have the E-911 number of the building displayed so as to be seen from the road if a porch light is on. If the house cannot be readily seen from the road the number must also be placed at the start of the driveway such as on a mail box.

21.    In accordance with Colchester's Fee Ordinance Chapter 6 'A - 4 (9) the applicant is responsible for payment of all permit fees as well as for the costs of reviews conducted by third-party consultants/experts requested by the Town. All fees shall be paid prior to or at the time of obtaining a building permit.

22.    Per Section 18-23 (b) of the Colchester Code of Ordinance: Earthwork shall be scheduled for completion and the site stabilized no later than October 15th. By the end of the growing season, perennial cover shall be established and non-vegetated protection measures installed by October 15. There shall be no land disturbance activities allowed between the dates of October 15th and April 30th unless covered by a State of Vermont Construction General Permit. A waiver of this requirement may be granted by the Director of Public Works, or his designee, following the submittal and approval of a winter construction erosion control plan consistent with the Vermont Handbook for Soil Erosion and Sediment Control on Construction Sites.

23.    No excavation, site development, or building construction shall occur until the applicant has obtained all necessary permits from the Town of Colchester in accordance with the Building, Zoning, Health and other applicable ordinances that may be required.

24.    Disposal of excavated earth material, stumps, brush, or other material removed from this site shall take place at a location properly permitted for such activity. Placement of fill material in Colchester requires a permit to be obtained by the owner of the land to be filled. Improper placement of material from this site shall constitute a violation of this approval.

25.    By acceptance of these Findings of Fact and Order the Permittees agree to allow representatives of the Town of Colchester access to the property covered by the approval for the purpose of ascertaining compliance with all local regulations and with this Order.

26.    The project shall be constructed and operated in accordance with the submitted application documents, the stamped approved plans, the Findings of Fact and Order, the Colchester Zoning Regulations and Subdivision Regulations. There shall be no change in the proposed use or approved plans without prior approval of the Town. The Development Review Board reserves the right to review and issue supplementary Findings of Fact and Order for any substantial change in the project approved herein. Any unauthorized change from the approved plans shall be grounds for revocation of the Order and approval pursuant to 24 V.S.A. § 4455, as may be amended. The Town reserves the right to petition the Environmental Division of the Vermont Superior Court for revocation of this approval and any permits granted hereunder, or to seek other enforcement action, if the Town believes the applicant/permittee has violated the terms of approval, or has obtained approval based on a misrepresentation of material fact.

27.    The Final Plat application shall be submitted within 12 months or said approval shall become null and void.

IV.       APPEAL RIGHTS

The owner of the project property and interested persons have a right to appeal this decision, within 30 days of the date this decision is issued, to the Vermont Environmental Court, pursuant to 24 V.S.A. § 4471 and V.R.E.C.P. in writing to the Vermont Environmental Court, 32 Cherry Street, 2"d Floor, Suite 303 Burlington, VT 05401 and a copy to Colchester Development Review Board at P.O. Box 55, Colchester, Vermont 05446. The fee is $262.50 made payable to Vermont Environmental Court. If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. You will be bound by the decision, pursuant to 24 V.S.A. § 4472 (d) (exclusivity of remedy; finality). This also applies to any interested person(s) who may have had a right to appeal.