Sec. 14-6. Adoption of public works specifications and standards.
The purpose of this Ordinance is to protect the public health, safety, and welfare, to achieve uniformity and consistency throughout the Town's infrastructure, to produce infrastructure that is long lasting and can be efficiently maintained, is sensitive to preserving and enhancing environmental resources, and to establish a uniform level of quality for all public improvements subject to the jurisdiction of this Ordinance.
(Amd. of 1-12-10)
This Ordinance is adopted pursuant to V.S.A. Title 24, Chapter 59, Adoption and Enforcement of Ordinances and Rules, Sec. 1971, Authority to Adopt, and shall be a Civil Ordinance.
(Amd. of 1-12-10)
The requirements, specifications and standards contained in this Ordinance are applicable only to public improvements associated with new development, or, the expansion or extension of existing public improvements. No public improvements, except municipal maintenance, shall occur or be constructed or altered, except in conformance with the requirements set forth and incorporated herein. The Colchester standards contained in this Ordinance are considered the minimum acceptable standard specifications for the Town of Colchester. The acceptability of any deviations from these standards shall be determined by the Public Works Director.
(Amd. of 1-12-10)
The Public Works Director or his/her designee shall administer this Ordinance.
(Amd. of 1-12-10)
The Public Works Director may waive or vary the provisions of any requirements of this Ordinance if in his/her judgment the requirements are not requisite to fulfill the overall purpose as defined in Section 14-0 of this Ordinance, or are inappropriate because of inadequacy or lack of connecting facilities in proximity to the project.
(Amd. of 1-12-10)
For the purpose of this Ordinance, the following words shall have the meanings indicated unless their context clearly requires otherwise:
Building Inspector shall mean the individual or firm appointed by the Town to perform the duties of this position.
Campus development means a series of buildings and grounds used for a singular purpose such as, but limited to, a school; college; university; hospital; nursing or convalescent home; corporate, governmental, or shopping complex on one (1) or more lots that are owned and controlled by one (1) entity, or as may otherwise be determined by the Director of Public Works. The definition of campus development shall generally exclude residential land uses.
Contractor shall mean the party actually responsible for performing the construction of public improvements.
Design/Project Engineer shall mean a Vermont registered professional engineer experienced in the design of streets and appurtenances, sewer and water systems and/or stormwater systems, hired by the developer to perform planning, design and construction related engineering services.
Developer shall mean the individual, partnership, corporation or authorized agent developing a parcel or parcels of land.
Municipal maintenance shall mean the repair, replacement, modification or rehabilitation of existing municipal infrastructure by the Town or its agents, including, but not limited to, resurfacing of roadways, repair and replacement of sidewalks, and repair and replacement of storm drain systems.
Public improvement shall mean any land disturbance that requires a permit or approval under any regulation or ordinance of the Town of Colchester, which disturbance is related to the construction of any streets, roads, bike paths, sidewalks, or any other transportation infrastructure, or to the construction or alteration of utilities including, but not limited to, water, municipal sewer, street lighting, or stormwater, and shall further mean and include any improvement over which the Town will eventually assume ownership and control, either pursuant to the requirement of an ordinance, a condition of approval, agreement with the Town, or otherwise.
Public street, highway or road shall mean a new improvement that is exclusively maintained by the Town and is intended to provide a way of vehicular public access to:
(1) Five (5) or more residential dwellings; or
(2) Other residential, retail, commercial and/or industrial development, whereby such access is deemed by the Public Works Director to benefit the public's health, safety and general welfare.
A public street, highway or road shall not include or be part of an area designated or used as a parking area or parking lot. A vehicular access way within a campus development shall not be considered to be a public street, highway or road.
Public Works Director shall mean the individual appointed by the Town to perform the duties of this position.
Town shall mean municipality.
Town Engineer or Engineer shall mean the individual or firm appointed by the Town to perform the duties of this position.
(Amd. of 1-12-10; Ord. of 8-13-13)
Sec. 14-6. Adoption of public works specifications and standards.
To protect the general public, health, safety, and welfare, and to establish a uniform level of quality for all public improvements subject to the regulatory jurisdiction of the Town of Colchester, this Ordinance incorporates by reference, Public Works Specifications and Standards, Town of Colchester, Vermont, effective February 2, 2010, as may be amended from time to time.
(Amd. of 1-12-10)
Any interested person, as provided in 24 V.S.A. Section 4465(b), i.e.:
(1) A person owning title to property, or a municipality or solid waste management district empowered to condemn it or an interest in it, affected by a bylaw, who alleges that the bylaw imposes on the property unreasonably or inappropriate restrictions of present or potential use under the particular circumstances of the case;
(2) The municipality that has a plan or a bylaw at issue in an appeal brought under this Ordinance or any municipality that adjoins that municipality;
(3) A person owning or occupying property in the immediate neighborhood of a property that is the subject of any decision or act taken under this Ordinance, who can demonstrate a physical or environmental impact on the person's interest under the criteria reviewed, and who alleges that the decision or act, if confirmed, will not be in accord with the policies, purposes, or terms of the plan or bylaw of that municipality;
(4) Any ten (10) persons who may be any combination of voters or real property owners within a municipality listed in subdivision (2) of this Section who, by signed petition to the appropriate municipal panel of a municipality, the plan or a bylaw of which is at issue in any appeal brought under this title, allege that any relief requested by a person under this title, if granted, will not be in accord with the policies, purposes, or terms of the plan or bylaw of that municipality. This petition to the appropriate municipal panel must designate one (1) person to serve as the representative of the petitioners regarding all matters related to the appeal; and
(5) Any department or administrative subdivision of this State owning property or any interest in property within a municipality listed in subdivision (2) of this Section, and the Agency of Commerce and Community Development of this State;
may appeal any decision or action of the Public Works Director under this Ordinance, as amended from time to time, may appeal any decision or action of the Public Works Director to the Selectboard by filing a petition with the Town Clerk and providing a copy to the Town Manager.
Such petition shall be filed within five (5) days after receipt of notice of such action or decision. Within forty-five (45) days following receipt of the petition, the Selectboard shall meet and hear the petitioner and the Director and determine whether it should affirm or reverse the Director's decision or action or modify the same; any modification shall conform to the expressed or implied provisions of this Ordinance. The Selectboard's determination shall be made in writing and shall be sent by the Town Clerk, to the Public Works Director, and to the petitioner.
(Amd. of 1-12-10)
Penalties. Any person, firm or corporation violating this Ordinance shall be fined pursuant to Chapter 1, Section 1-9 of this Code. Each day in which any such violation continues shall be considered a separate offence.
(Amd. of 1-12-10)
Nothing in this Ordinance shall be construed to obligate the Town to assume the maintenance for any street, road, or other improvement until the Selectboard has formally accepted such obligation.
(Amd. of 1-12-10)
FOOTNOTE(S):
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Editor's note— An amendment adopted on Jan. 12, 2010, deleted the former Ch. 14, §§ 14-1—14-12, and enacted a new Ch. 14 as set out herein. The former Ch. 14 pertained to construction standards applicable to land development and derived from Ord. of 2-24-04; Ord. of 8-12-08. (Back)