Article 10: DEVELOPMENT STANDARDS

10.01 Off Street Parking, Loading, and Circulation

10.01–A  Purpose. In order to minimize traffic congestion, air pollution, and the risk of motor vehicle and pedestrian accidents, as well as to promote other elements of sound community planning, parking, loading spaces, circulation, and access shall be required of all structures and land uses. Parking spaces, aisles, and circulation shall be provided and kept available as an accessory use to all permitted and conditional uses of structures, lots, and land in amounts not less than those specified in Section O. The requirements of this section shall apply under the following circumstances:

(1)     All new structures erected for use on a property.

(2)     Any structure which is hereafter altered or enlarged.

(3)     All new uses of a property.

(4)     Any use of a property which is hereafter altered or enlarged.

(5)     The property is located outside of the General Development Three District.

10.01–B  Location of Off-Street Parking, Loading, and Vehicle Entrances.

(1)     Except as provided in Section F, off street parking and loading that is required for a use or uses under this section shall be located entirely on the property on which the use or uses exist. The Development Review Board may approve required off street parking that is located off the property on which a use or uses exist, according to Section E.

(2)     The location, aisle widths, and layout of interior drives shall provide for efficient interior circulation and the safety of pedestrians and vehicles.

(3)     The location of parking areas and loading docks shall prevent conflicts with entering and exiting traffic onto a public street and prevent conflicts between vehicles and pedestrians. The distance between access points and parking areas shall be adequate to minimize blockage and to prevent back-ups onto the public street.

(4)     All loading and unloading shall be provided off-street.  To this end, no commercial or industrial use overhead doors, loading or unloading shall be permitted on the front side of properties except as provided herein.  All loading and unloading should occur within the rear or side yard.  Within the Industrial and Business Districts, overhead doors may be permitted on the front of buildings provided that the following are provided:

(a)     the location of the overhead doors is not out of character with the neighborhood

(b)    adequate parking and circulation can be provided

(c)     the unloading and loading area is adequately screened from the street and adjacent properties.

(d)    Overhead doors on the front of buildings shall not be allowed along arterial or collector roads.

(5)     The location of parking areas shall not detract from the design of proposed buildings and structures or from the appearance of the existing neighboring buildings, structures and landscape.

(6)     Pedestrian Safety. Insofar as practical, pedestrian and bicycle circulation shall be separated from motor vehicle circulation. Safe and convenient pedestrian circulation, including appropriate sidewalks, shall be provided on the site and its approaches. The pedestrian circulation plan shall be designed to minimize conflicts with vehicular traffic.

(7)     Vehicle Entrance. Clearly marked ingress and egress for vehicles to the site shall be provided.  No curb cuts or vehicle entrance from any public street shall be constructed or maintained except in conformance with all applicable standards of the Colchester Code of Ordinances Chapter 14 and Vermont Agency of Transportation.  Curb cuts shall generally be limited to one per property or project.

10.01–C   Layout Requirements for Parking Spaces, Aisles, and Circulation. All parking spaces and maneuvering lanes shall be surfaced with asphalt, pervious pavement, or concrete paving and shall be striped to delineate parking spaces and lanes as per Appendix B excepting marinas, parks, and single-unit or duplex dwellings.   The layout of parking spaces and aisles shall comply with the following requirements:

(1)     Internal Landscaping of Parking Areas. Except for parking spaces accessory to a single-unit or duplex dwelling, all off-street parking areas subject to review by the Development Review Board, shall be landscaped with appropriate trees, shrubs, and other plants including ground covers, as approved by the Development Review Board. The Development Review Board shall consider the adequacy of the proposed landscaping to assure the establishment of a safe, convenient, and attractive parking area and the privacy and comfort of abutting properties.

(a)     In all off-street parking areas containing twenty or more parking spaces, at least ten percent of the interior of the parking area shall be landscaped with trees, shrubs, and other plants. At least one (1) major deciduous shade tree, whose caliper is equal to or greater than three (3) inches, shall be provided within each parking area for every three thousand (3,000) square feet of paved area or every ten (10) parking spaces, whichever is greater. The trees shall be spaced evenly throughout the lot interior to provide shade and reduce glare. Overall, there shall be a mix of large canopy tree species.

(b)    Planting islands

                                          i. Planting islands shall be provided. Such islands and the landscaping within them shall be designed and arranged in such a way as to define major circulation aisles, entrances, and exits, to channel internal traffic flow, to prevent indiscriminate diagonal movement of vehicles, and to provide relief from the visual monotony and shade-less expanse of a large parking area. All islands shall be landscaped with trees, shrubs, grasses, and/or ground covers. Plant materials judged to be inappropriate by the Development Review Board will not be approved.

                                        ii. Islands should be constructed that promote stormwater treatment or a stormwater management plan.  Curbs of such islands shall be constructed of concrete, stone, or bituminous material and shall be designed to facilitate surface drainage and prevent vehicles from overlapping sidewalks and damaging the plants. At the Development Review Board’s discretion, curb-less parking areas and planting islands may be allowed where these specifically provide for stormwater run-off into vegetated areas for treatment.

                                       iii. Maintenance and responsibility. All planting shown on an approved site plan shall be maintained by the property owner in a vigorous growing condition throughout the duration of the use. Plants not so maintained shall be replaced with new plants at the beginning of the next immediately following growing season.

                                       iv. Snow storage areas must be specified and located in an area that minimizes the potential for erosion and contaminated runoff into any adjacent or nearby surface waters.

(c)     Screening shall be provided where headlights from vehicles on site may be visible and project parallel to a public street.

(2)     Parking areas shall provide convenient access to building entrances and shall minimize conflict between pedestrian and vehicle circulation. 

(3)     The storage of merchandise, motor vehicles for sale, unregistered motor vehicles, commercial trucks, or the repair of vehicles within designated parking spaces is hereby prohibited.

(4)     The placement of parking within front yards is discouraged.  Except for parking spaces accessory to a single-unit or duplex dwelling, no parking shall be permitted within the front yard setback. All parking within the front yard should be screened from the road. At no point should the majority of parking spaces on the site be located within the front yard.  Within the GD1 District, existing parking areas within the front yard may remain if the following conditions are met:

(a)     Parking areas shall not be located within 15 feet of the edge of the right-of-way.

(b)    Suitable landscaping of the parking area shall be provided as herein required in these regulations.

(c)     The extent of existing development is greater than the amount of the lot that is being redeveloped.

(5)     Connections between adjacent lots are encouraged where feasible to minimize street traffic for short trips.  The Development Review Board should require an applicant to construct a connection to an adjacent lot and/ or provide an easement for a future connection.

(6)     Parking spaces, aisles, and circulation and other associated driveways shall be setback five feet from the property boundaries unless a shared drive or shared parking is proposed.

(7)     Electric vehicle charging stations shall be incorporated into parking design for multi-unit dwellings of ten units or more.   

(a)     Subject lots shall have, at minimum, one level two charger installed per 4% of spaces, rounded up.  Electric vehicle charging spaces shall be counted toward the minimum parking standards herein. 

(b)     Charging spaces and spaces wired for charging shall be located so as to be visible to tenants, customers, and visitors.  Charging equipment shall be located so as to be protected from snow storage.

10.01–D  Determination of Parking and Loading Spaces.

(1)     All structures and land uses shall be provided with a sufficient amount of off-street parking to meet the needs of persons employed at or making use of such structures or land uses, and sufficient off-street loading facilities to meet the needs of such structures or land uses, but not less than the minimum standards of Section O.

(2)     No certificate of occupancy or certificate of compliance shall be issued for any structure or land use until the required off-street parking and/or loading spaces have been established. Required off-street parking and/or loading facilities shall be maintained as long as the use of structure exists which the facilities are designed to serve.

(3)     The following methods shall be used to determine the number of required off-street parking and loading spaces:

(a)     The requirement for a single use shall be determined directly from the schedule of such requirements in Section O.

(b)    The requirement for a combination use made up of several component uses (e.g., a restaurant and bar; or a retail store combined with an office building or a storage area) shall be determined by establishing the requirement for each component use from the schedule in Section O of such requirements and adding them together.

(c)     When the required number of spaces is determined to result in a fraction, it shall be increased to the next highest whole number.

(d)    If the use is not specifically listed in the schedule of such requirements, the requirements shall be the same as for the most similar use listed, as determined by the Administrative Officer.

(e)     When the schedule requires the number of spaces to be calculated per employee and employees are on the site in shifts, the number to be used is the number of employees present during the largest shift. In all other cases it shall mean the total number of employees on the site or who will use the site for parking at any one time.

(f)     A garage or a carport may be used to meet the requirements of this section. A driveway may only be used to meet the requirements of this section where it serves a single-unit or duplex dwelling provided that the parking is not stacked.

(g)    Uses which require Development Review Board approval pursuant to Article 8 may be required to provide off-street parking spaces in excess of the requirements of this section Table 10-2.

(4)     The number of parking spaces on a property shall not exceed 110% of the required number of parking spaces.

(5)     Properties with a required number of parking spaces exceeding 250 spaces shall be classified large scale parking facilities.  New construction or any change to existing uses that requires additional parking on site will require the applicant employ parking mitigation to reduce the number of surface parking spaces.  Qualifying parking mitigation shall include but not be limited to: structured parking, parking shuttles, employee carpool plans, incentives for employees to use alternative transportation such as bicycles, a mass transportation plan for employees such as purchasing bus or train passes for employees, telecommuting plans for employees, shared parking, and other similar plans.  The Development Review Board shall have the discretion to require parking mitigation for large scale facilities as appropriate taking into consideration stormwater, surface water impairment, the character of the neighborhood, traffic, pedestrian safety, landscaping, and circulation.

10.01–E   Shared Parking on Two or More Lots.

(1)     Required parking and loading spaces shall normally be provided upon the same lot as the use or structure to which they are accessory. However, shared parking may be allowed where a parking area or parking space is used jointly for more than one use.

(2)     Off-street parking spaces required for structures or land uses on two or more adjacent lots may be provided in a single common facility on one or more of said lots provided that the Development Review Board approves a plan meeting the regulations of this sub-section.

(3)     As a matter of public policy, the Town of Colchester finds that the coordination of off-street parking areas between adjoining nonresidential sites is desirable to allow for traffic circulation between sites rather than having all traffic entering and exiting the existing road system to proceed from site to site. This coordination can take various forms, from a simple paved connection to a more elaborate plan to provide both a connection and shared parking arrangements. Such connection and shared parking are not to be considered a parking waiver, but an agreement between the landowners and the Town of Colchester to affect an overall circulation and parking plan and provide the required number of parking spaces in accordance with the applicable provisions of Section O for the respective use(s). For these reasons, in its review of a site plan, the Development Review Board may, at its discretion, allow for parking spaces to be provided both on and off site, provided that:

(a)     The applicant(s) provides an acceptable overall design and an accurate site plan for all properties affected by the shared parking proposal. Such design and plan shall be approved by the Development Review Board. The owner or owners of the property where the off-site parking will be provided are co-applicants to the site plan application.

The lots shall be adjacent. However, at its discretion, the Development Review Board may consider a shared parking plan where the parking serves a Planned Unit Development, college, or hospital use.

(b)    The applicant shall record appropriate legal documents to ensure that the off-site parking spaces shall be available for use by the user or users for which the off-site parking spaces are being sought. Such legal documents shall be acceptable to the Town Attorney in form and content. The Town of Colchester shall be a party to the legal document.

(c)     Such legal documents shall assure the continued existence of the parking lot or facility to serve said structures or land uses as long as they may exist. Such agreement shall also guarantee that upon termination of such joint use, each subsequent use of the premises will provide off-street parking for its own use in accordance with the requirements of this section and Section O.

(d)    The required number of parking spaces is to be provided and spaces that are paved must be striped and must be shown on an approved plan.  The number of required parking spaces may be reduced provided that a reserved parking plan is approved as per Section H.

(e)     In no event shall parking and loading spaces for a non-residential use be located in any residential district.

10.01–F   Shared Parking on a Single Lot. Where the Development Review Board determines that a proposed development consisting of two or more uses located on a single parcel will generate different hourly, daily and/or seasonal parking demand due to the varied hours of operation of each use and frequencies of customer and employee occupancy of available parking spaces, the Development Review Board may approve a site plan utilizing shared parking. The applicant shall provide the parking space count and justification analysis. Approved shared parking requires the present construction of a lesser number of spaces, provided that:

(1)     The applicant shall provide the Development Review Board with a shared parking plan which shall be based upon the following:

(a)     A complete and accurate description of the proposed uses, floor areas devoted to such uses, the number of seats or rooms assigned to each use, and the days and hours of operation of each use for each day of the week and for any seasonal variations in operations.

(b)    A complete and accurate description of the number of employees and their respective shifts.

(c)     A complete and accurate description of the projected total peak hour or daily period of occupancy by patrons for each proposed use during weekdays, Saturday, Sunday and any seasonal variations in peak hour or period of occupancy.

(2)     In all cases, at least two-thirds (2/3s) of the number of required parking spaces shall be provided. A reserved parking plan shall be required.  The Administrative Officer may order the property owner to construct the reserved parking spaces if need arises as per Section H.

(3)     The approval of such shared parking shall be automatically terminated upon the termination of the operation of any of the involved uses.

10.01–G  Reserved.

10.01–H  Reserved Parking. In the event that an applicant can demonstrate to the Development Review Board that its present parking needs do not necessitate the construction of the number of parking spaces required herein, the Development Review Board may approve a site plan requiring the present construction of a lesser number of spaces. In such an event, the site plan shall show sufficient spaces reserved for future parking requirements with the combined number of spaces being not less than that required by Appendix B, Figure VII. In all cases, at least two-thirds (2/3s) of the number of required parking spaces shall be provided. The remaining reserved space shall remain unpaved or kept pervious until such time as it is needed, unless the reserved area is used for internal circulation. The reserved area shall be shown on any site plan. The Administrative Officer may order the property owner to install the reserved parking spaces if the need for additional spaces arises. For example, a change in the use(s) or the ownership of the parcel may be enough to require the installation of the parking spaces. In the event that the owner fails to install the additional parking spaces within one hundred twenty (120) days of being so ordered, the Administrative Officer shall revoke the certificate of occupancy for the premises, and the Town Attorney may take appropriate action in a court of competent jurisdiction to restrain the use of said premises. When this subsection is utilized, the site plan shall contain a statement, signed by the applicant in such a form as shall be approved by the Town Attorney, consenting to the provisions contained herein. In addition, the property owner shall be required to submit a covenant, for filing in the Town Clerk’s office, in such a form as shall be approved by the Town Attorney indicating consent to the provisions of this subsection.

10.01–I   Handicapped –Accessible Parking Spaces. Parking spaces for handicapped persons shall be provided for all non-residential uses. The size, number, and location of spaces shall comply with the ADA Accessibility Guidelines. Handicap accessible spaces are required to be eight feet (8'0") wide, with an adjacent access aisle five feet (5'0") wide. One in every six (6) accessible spaces must have an access aisle eight feet (8'0") wide and must be signed "van accessible". The number of accessible spaces required is shown in Table 10-1 below. Handicapped parking spaces and aisles shall be level with surface slopes not exceeding 1:48 in all directions.

10.01–J   Recreational Vehicles. Recreational vehicles (RVs) are restricted as follows:

(1)     RVs shall not be stored on any common open lands other than those specifically approved for such purpose by the DRB through the review process. 

(2)     Commercial properties shall only park recreational or utility vehicles in approved display or storage areas. 

(3)     On a residential property, no person shall park, store, or use a recreational vehicle, or utility vehicle, or similar vehicular equipment unless the following requirements are met:

(a)     Such vehicular equipment shall be stored in rear or side yard.  Minimum five (5) foot side yard setback.

(b)    Such vehicular equipment is stored or parked on private property no closer than eighteen inches to any proposed or existing public sidewalk and so as not to project into the public right-of-way;

(c)     On corner lots, any such vehicular is not parked in the triangular area formed by the three points established by the intersection of property lines at the corner and the points thirty feet back from this intersection along each property line;

(d)    No recreational or utility vehicle is used for the conduct of business or for living purposes except when located in an approved mobile home park or in a campground providing adequate sanitary facilities.

(4)     Office trailers, office/storage trailers and semi-van trailers may be allowed as temporary facilities for construction projects when approved with a building permit from the Administrative Officer. 

10.01–K  Bicycle Parking or Storage Facility. A bicycle parking or storage facility shall be provided for properties with twenty (20) or greater parking spaces.  One bicycle parking space should be provided for each twenty (20) car spaces required by these regulations. Bike racks shall be clearly visible to employees and visitors; where practicable and safe, they should be located in proximity to the main entrance of the building.

10.01–L   Structured Parking. Structured parking may be required by the Development Review Board in conjunction with approval of a site plan or PUD. Structured parking shall be defined as any structure consisting of more than one level and used to store motor vehicles. The parking structure may be stand-alone or may be part of or attached to another structure. Such structures typically comprise parking decks, garages, or roof-top parking areas. The Development Review Board may require design elements for parking structures that specifically address safety, security, lighting, landscaping, and visual aesthetics as conditions for approval.

(1)     The parking or storage of any garbage truck, tractor and/or trailer of a tractor-trailer truck, dump truck, construction equipment, cement-mixer truck, or moving/hauling van is prohibited on any residential property.

(2)     Any commercial vehicle parked in a residential district shall be owned and/or operated only by an occupant of the property at which it is parked.

(3)     The commercial vehicle must be parked off-street in a garage, carport or approved driveway. 

(4)     The length of the commercial vehicle shall be less than 20’ and its height shall be less than 10’.

(5)     Vehicles of ordinary passenger size and equipment, that are not generally discernable from an ordinary passenger vehicle except for a logo, sign, marker or temporary use (e.g. ride service, food delivery) are generally not considered commercial vehicles. Where these vehicles number more than two on a property, they may be considered commercial vehicles. The administrative officer shall have the final determination of vehicle type and use.

10.01–N  Exemptions, Waivers, and Modifications of Requirements.

(1)     Exemptions. Existing buildings and uses are exempt as follows:

(a)     Structures and land uses lawfully in existence or in use or for which zoning permits have been approved by December 21, 2004 shall not be subject to the parking or loading space requirements set forth in this section and in Section O.

(b)    However, no structure or lot lawfully in use prior to December 21, 2004 shall be enlarged unless the off-street parking and truck loading space requirements of this section are complied with to the same extent as would be required if the entire pre-existing structure or use and the proposed enlargement were being submitted as if they were a new application. The Development Review Board shall require additional off-street parking and truck loading spaces with respect to the proposed enlargement, but at its discretion may not require additional spaces with respect to the preexisting part of the structure or use.

(2)     Waivers. Where the Development Review Board determines that a proposed land use or structure is adequately served by existing or proposed public parking facilities, the Development Review Board may waive the off-street parking space requirements stipulated in Section O, by no more than thirty-three percent (33%) provided that a reserved parking plan is approved as per Section H.

(3)     Modifications of Requirements. Where the Development Review Board determines that unique usage or special conditions exist, it may require off-street parking spaces and loading areas greater than the requirements of this section and Section O. The Development Review Board may reduce the requirements of Section O for the number of off-street parking spaces and loading areas for non-residential uses and structures if it determines that overlapping use of parking spaces or other unique characteristic cause the requirement to be unnecessarily stringent provided a reserved parking plan is provided as per Section H.

10.01–O  Parking Requirements.

Notes applicable to Table 10-2:

(1)     Any spaces required as part of the operational function, such as display, storage or queuing spaces at the transfer station or service station, are in addition.

(2)     Parking need varies according to type of facility and will be determined during site plan approval.

(3)     Definitions applicable to Tables 10-2: “Employee” means the number of employees working at the specific location on the main shift plus any overlap from prior or later shifts.

10.02 Outdoor Illumination

10.02–A  Purpose. While exterior lighting is necessary and desirable for many activities, the Town recognizes that excessive or poorly designed exterior lighting can have adverse impacts on neighboring properties, cause safety hazards on nearby streets, raise ambient light levels in the community, and generally cause environmental degradation. With this in mind, it is the intent of this section to achieve a balance between lighting needed to safely undertake the tasks being illuminated and lighting that causes adverse impacts.

10.02–B  General Requirements.

(1)     No outdoor lighting fixtures may be installed on commercial, industrial, multi-unit dwellings or mixed use properties without first obtaining approval from the Development Review Board except as provided in Subsection Two below. Where a development is seeking Site Plan Approval under this Ordinance, exterior lighting shall be included in the Site Plan Application. However, up to two additional fixtures may be added to an approved lighting plan upon approval by the Administrative Officer, provided that the standards in this section are satisfied.

(2)     A residential unit may install lighting fixtures that do not exceed a cumulative impact of 6,000 initial lumens (the equivalent of three 150-watt incandescent bulbs) without Town approval. Lighting installations exceeding the 6,000 initial lumen level and lighting of private tennis courts, swimming pools, or other outdoor areas must first be approved by the Administrative Officer through the building permit process.  The Administrative Officer may choose to refer an application made under this provision to the Development Review Board for approval.

(3)     Except where alternatives are specifically allowed, all lighting fixtures shall be at a minimum semi-cut-off fixtures (Semi-cut-off fixtures have an intensity at 80 degrees from nadir does not exceed 200 candela per 1000 lamp lumens, nor at 90 degrees from nadir does intensity exceed 50 candela per 1000 lamp lumens).

(4)     All lighting fixtures shall be fitted with appropriate shields to ensure that lighting is directed only to the area to be illuminated, and do not cast direct light beyond the boundaries of the property on which they are located.

(5)     All lighting fixtures shall be fitted with incandescent, metal halide, or fluorescent lamps. Exceptions may be made to additions to existing installations if the Development Review Board determines that bringing the entire installation into conformance would be cost prohibitive.

(6)     Actual or estimated illumination levels shall be measured horizontally at ground level unless otherwise specified in these regulations.

(7)     The use of ornamental lighting fixtures in a unified lighting design to define a sense of place is encouraged.

10.02–C   Lighting Districts. For the purpose of this Section, the Zoning Districts established in this Ordinance shall be grouped into lighting districts as follows:

(1)     Lighting District 1: Commercial District, (COM), Industrial District, (I) and Business District (BD).

(2)     Lighting District 2: Mobile Home Park District, Low Density/ Rural Residential Districts (RR - R10), and Low/Medium Density Residential Districts (R‑1, R‑2 & R‑3)

(3)     Lighting District 3: General Development Districts (GD‑1, GD‑2, GD-3, and GD-4) and Lakeshore Districts (LS1 & LS2)

(4)     Lighting District 4: The Agricultural/Open Land District and Agricultural Mixed Use District.

10.02–D  Parking Lot Lighting. Parking lot lighting shall be designed to provide the minimum lighting necessary to ensure adequate vision and comfort in parking areas, and to not cause glare or direct illumination onto adjacent properties or streets.

(1)     Alternatives to semi-cut-off fixtures: The lighting design for an area may suggest the use of fixtures of a particular "period" design or architectural style, either as an alternative to or a supplement for the semi-cut-off fixtures described above.

(a)     If such fixtures are not semi-cut-off fixtures as defined above, the maximum initial lumens generated by each fixture shall not exceed 2,000 (equivalent to a 150 watt incandescent bulb).

(b)    Mounting heights of such fixtures shall not exceed twenty (20) feet.

(c)     Illumination levels must meet the requirements set forth in the table below.

(2)     In Lighting Districts 2 and 4, parking areas shall not be illuminated unless there is a clear hazard to be illuminated, in which case the standards noted in the table below shall apply.

(3)     At least 75 percent of all parking lot lighting fixtures shall be turned off no more than one hour after the close of business.

(4)     Parking area illumination standards for the various districts are as shown in the following table. Illumination levels are to be measured in footcandles (fc), horizontally at grade level. The average illumination level is to be computed for the area of the parking lot only.

10.02–E   Lighting of Gasoline Station/Convenience Store Aprons and Canopies:

Lighting of gasoline station/convenience store aprons and under canopies shall be adequate to facilitate the activities taking place in such locations.

(1)     Areas on the apron away from gasoline pump islands shall be considered to be parking areas, and illumination shall meet the standards set forth in Section 10.02D. If there are no gasoline pumps, the entire apron shall be considered to be parking area.

(2)     Lighting of areas around gasoline pump islands and under canopies sheltering pump islands shall meet the following standards:

(a)     The minimum illumination level shall be not less than 2.0 footcandles and the maximum illumination level shall be not more than 10.0 footcandles.

(b)    Light fixtures mounted under a canopy shall be recessed so that the lens cover is recessed into or flush with the underside (ceiling) of the canopy, or must be shielded by the fascia of the canopy so that direct illumination cannot be directed above an angle of 85 degrees from vertical.

(c)     No light fixtures may be mounted on the top of the canopy, and the sides of the canopy (fascia) shall be opaque and shall not be illuminated.

10.02–F   Lighting of Exterior Sales/Display Areas. Illuminating levels on exterior sales/display areas shall be adequate for the activities taking place in such locations, and shall not be used to attract attention to the activity. The applicant, in conjunction with the Development Review Board, shall designate areas to be used as exterior sales/display as opposed to passive storage or parking.

(1)     Areas used for passive storage or parking shall be illuminated in accordance with Section 10.02D of these Regulations.

(2)     Areas designated for exterior display or sales shall have an average horizontal illumination level at grade level of no more than 5.0 footcandles and a maximum horizontal illumination at grade level of no more than 10 footcandles.

(3)     The average illumination level shall be computed only for the area used for vehicle storage.

(4)     Lighting fixtures may be fitted with metal halide or incandescent lamps.

(5)     Fixture mounting heights shall not exceed 15 feet above grade.

(6)     Exterior sales/display areas may be illuminated only when the establishment is open for business, except for lighting approved as security lighting in accordance with section 10.02G of these regulations.

10.02–G  Security Lighting. Any security lighting must be a part of an overall security plan which includes illumination, surveillance, and response, and which clearly delineates the area to be illuminated for security purposes. To the extent that the designated area is illuminated for other purposes, independent security lighting is discouraged.

(1)     All applications for approval of security lighting shall include a written security plan demonstrating the need for and purposes of security lighting and a site plan showing the area to be illuminated for security purposes and the location of all security lighting fixtures.

(2)     All security lighting fixtures shall be shielded and aimed so that illumination is directed only toward the designated area to be illuminated. In no case shall illumination be directed above a horizontal plane. All fixtures shall include shields that prevent the light source or lens from being visible from adjacent properties and roadways. The use of general purpose floodlighting fixtures is prohibited.

(3)     Security lighting may illuminate vertical surfaces up to a level eight (8) feet above grade or eight (8) feet above the bottoms of doorways or entries, whichever is greater.

(4)     Security lighting fixtures may be mounted on poles located no more than ten (10) feet from the perimeter of the designated area being illuminated.

(5)     Security lighting designed to illuminate a perimeter (such as a fence) shall include motion sensors and be designed to be off unless triggered by an intruder located within five (5) feet of the perimeter.

(6)     Security lighting in the Lighting Districts 2 and 4 shall be allowed only if unusual hazardous conditions make it necessary. In such cases, indirect and reflected lighting techniques shall be used and all fixtures shall be shielded so that the light source or lens is not visible from adjacent properties or streets.

(7)     The average illumination level of ground level areas shall be measured horizontally at grade level, and computed over the area designated as being illuminated in the security plan.

(8)     The average illumination level of vertical surfaces shall be measured at a height of 5 feet above grade, and computed over the area of the surface designated to be illuminated in the security plan.

(9)     Security lighting shall meet the following standards:

10.02–H  Walkway Lighting. In some cases, walkways not illuminated by nearby street lighting may be illuminated. In such cases, the lighting shall meet the following standards:

(1)     The average illumination level on a walkway or pathway surface not exceed 0.5 footcandles, measured horizontally at grade level.

(2)     The area over which the average illumination level is computed shall include the walkway surface plus an area on each side not more than three feet in width.

(3)     Lighting fixtures other than full cut-off fixtures may be used but shall be designed to direct illumination downward, and light sources shall have an initial output of no more than 1,000 lumens.

10.02–I   Recreational Facility Lighting. There is a variety of outdoor recreation facilities that may be illuminated to allow nighttime use. Examples include tennis courts, ball fields, golf driving ranges, swimming pools, outdoor skating rinks, and small ski areas. The regulations in this section are intended to allow illumination of such activities while minimizing adverse impacts such as glare, unwanted illumination of nearby properties and streets, and skyglow. Such lighting shall be consistent with the following regulations:

(1)     A lighting plan shall be submitted, prepared by a qualified lighting professional, who documents the need for the level of illumination being provided, and which demonstrates how the desired illumination levels will be achieved while meeting the following requirements.

(2)     Lighting fixtures may be other than full cut-off fixture, and shall be specified, mounted and aimed so that their beams fall within the primary playing area and immediate surroundings, and so that no direct illumination is directed off of the site.

(3)     Light fixtures shall be shielded and/or designed so that light is not directed above a horizontal plane.

(4)     Light sources shall not be directly visible from nearby streets.

(5)     Lights on recreation facilities shall be turned off except when the facilities are in use or being maintained.

10.02–J   Lighting of Building Facades. Low level illumination of building facades behind and beneath covered walkways may be allowed in the Lighting Districts 1 and 3. In all districts, parts of buildings may be illuminated if they have cultural or religious significance (e.g. steeples, bell towers, and clock towers). Facade lighting shall meet the following requirements:

(1)     The maximum illumination level on any vertical surface shall not exceed 5.0 footcandles.

(2)     If a first floor facade is illuminated by lights mounted under a canopy sheltering a walkway, the average horizontal illumination of the walkways shall not exceed 3.0 footcandles at grade level. If there is no walkway under the canopy, the average horizontal illumination shall not exceed 1.0 footcandles at grade level.

(3)     Roofs shall not be illuminated.

(4)     Light fixture under translucent (i.e. fabric) canopies shall be shielded so that illumination is not directed to the underside of the canopy.

(5)     Ground mounted fixtures or fixtures pointing upward shall not be allowed. Downward directed lighting must be used.

(6)     Lighting fixtures shall be shielded so that the light source and/or lens are not visible from adjacent properties or streets.

10.02–K  Outdoor Work Site Lighting. In some cases, it may be appropriate to illuminate outdoor work sites to enable night time work. 10.02B & D notwithstanding, illumination of outdoor work sites may be approved by the Administrative Officer as a part of issuance of a Zoning/Building Permit.  With the exception of temporary lighting for emergency repairs (which shall not require prior approval), illumination of work sites shall meet the following requirements:

(1)     The lighting shall be installed to illuminate the actual work site and as little of the surrounding area as possible.

(2)     Lighting fixtures shall not be aimed towards adjacent or nearby streets.

(3)     Lighting fixtures shall be aimed and/or shielded to that light is not directed above a horizontal plane.

(4)     The lighting shall be turned on not more than thirty (30) minutes before work is to start, and turned off no more than thirty (30) minutes after work is completed.

10.02–L   Seasonal Holiday Lighting.  Temporary seasonal holiday lighting may be displayed at residential and commercial properties, provided that the following conditions are met:

(1)     Seasonal holiday lighting may not be moving or otherwise animated to the point of being distracting.

(2)     Seasonal holiday lighting may be displayed only for a reasonable period before and after the holiday with which the lighting is associated.

10.02–M  Nighttime Illumination of Governmental Flags.  The Town encourages those who fly the Flag of the United States to observe the custom prescribed in the United States Flag Code of displaying the flag from sunrise to sunset.  However, if governmental flags are to be flown at night and are to be illuminated, the regulations in this Section apply.

(1)     Application. An applicant for nighttime illumination shall submit to the Administrative Officer an application for a Building Permit along with a Lighting Design Plan as described in (I) below.

(2)     Flag Type. Only governmental flags may be illuminated. Nongovernmental flags may not be flown on a pole with an illuminated governmental flag. No more than three (3) governmental flags may be flown on the same pole.

(3)     Dimensional Requirements. A governmental flag to be illuminated may not exceed sixty (60) square feet in size. Flagpoles may not exceed thirty-five (35) feet in height.

(4)     Lighting Fixtures. A flag shall be illuminated by no more than two (2) fixtures per pole. There shall be no more than two (2) fixtures per property used to illuminate flags, irrespective of the number of flagpoles installed on a property. Only narrow beam spotlights with glare controls (such as but not limited to louvers, grids, full hoods, or "barn door" baffles) may be used. The fifty percent (50%) beam spread of the fixture(s) used shall correspond to the area of the flag(s) to be illuminated. Fixtures may be mounted at grade, on the flagpole to be illuminated, or on stanchions no more than twenty-four (24) inches above grade. Ground- or stanchion-mounted fixtures shall be located no more than fifteen (15) feet from the base of the flagpole. Wall-mounted fixtures located on adjacent buildings are prohibited.

(5)     Illumination Level. An application may be based, at the applicant's discretion, on either the maximum total light level on the flag, measured in initial footcandles and determined by the geometric relationship of the flag to the proposed lighting fixture or fixtures; or the total lumen power of each lamp used to illuminate the flag. Manufacturers' data for lamps and fixtures and the Lighting Plan submitted by the applicant must provide sufficient information to make a determination on one of the applicable criteria. Maximum total illumination levels shall not exceed the following standards:

(a)     Maximum light level on the flag on properties having a principal lot frontage on an arterial or collector road: one hundred (100) initial footcandles.

(b)    Maximum light level on the flag, all other lots: fifty (50) initial footcandles.

(c)     Total initial lumen power of each lamp used to illuminate the flag on properties having a principal lot frontage on an arterial or collector road: 36,000 initial lumens

(d)    Total initial lumen power of each lamp used to illuminate the flag, all other lots: 15,000 initial lumens.

(6)     Setbacks from Residential Properties. Any flagpole to be illuminated per the provisions of sub-sections 10.07.4 and 5 shall be located a minimum of one hundred (100) feet from all property lines of any adjacent parcel with a residential use.

(7)     Lamp Type. Lamps used shall be metal halide or another type having a Color Rendering Index (CRI) over sixty-five (65).

(8)     Glare Control. Fixtures shall be aimed directly at the flag(s) to be illuminated. No portion of the lamp(s) or reflective surfaces on the fixture(s) shall be visible from a roadway or from adjoining properties.

(9)     Lighting Design Plan. An applicant shall submit a Lighting Design Plan with the following information:

(a)     The location of property boundaries, nearby roadways, the flagpole to be illuminated, and the lighting fixtures to be used.

(b)    The proposed mounting type, location(s) and dimensions (ground, flagpole or stanchion).

(c)     A statement of the illumination level measurement to be used (initial footcandles at the flag or lumen power of the lamps) and a diagram sufficient to determine lighting levels at the flag if initial footcandles are the measurement to be used to determine compliance.

(d)    An illustration of the area that will be illuminated by the proposed fixtures.

(e)     The manufacturer's specifications for the lighting fixture(s) to be used, including lamp type, beam spread, Color Rendering Index, wattage, and glare controls.

10.02–N  All Other Lighting. Illumination of areas or activities other than described above shall be prohibited.

10.02–O  Application Materials.  In addition to any special information specified above, applications for approval of exterior lighting shall include at least the following:

(1)     A site plan showing the area to be illuminated and the location of all fixtures and mounting heights.

(2)     A point by point analysis of anticipated illumination levels in the area to be illuminated based on use of the proposed fixtures, lamps, and mounting heights.

(3)     The maximum, minimum and average illumination levels shall be shown for each area illuminated.

(4)     Specifications of the fixtures to be used, including documentation of cut-off classification, horizontal and vertical light distribution patterns, and the lamp to be used in each.

(5)     If vertical surfaces are to be illuminated, a point by point distribution of vertical illumination levels shall be provided, along with an indication of the maximum illumination level to be generated.

10.02–P   Waiver of Lighting Standards. The Development Review Board shall have the authority to, when reasonable, modify these lighting standards provided the lighting otherwise meets the intent of the standards herein.

10.03 Outside Storage & Display

10.03–A  General Requirements. Outside storage of goods, materials, vehicles, and equipment shall be subject to the following provisions:

(1)     Any outside storage and/or display shall be appurtenant to the primary use of the property and shall be allowed only in nonresidential districts and upon approval of the Development Review Board in conjunction with a site plan, conditional use and/or PUD application.

(2)     The Development Review Board may deny requests for outside storage for uses that do not customarily have outside storage.

(3)     The Development Review Board may require that outside storage areas in connection with commercial or industrial uses be enclosed and/or screened.

(4)     Storage of scrap, salvage/junk material, junk motor vehicles, trash, refuse, automotive dismantling, salvage or recycling facilities, and the storage of more than one motor vehicle without registration and/or valid Vermont State Inspection stickers may be permitted only in connection with approved automotive repair use, automotive sales, salvage yard use, or contractor’s yard use.

(5)     Farm equipment normally on farm land and equipment involved in construction and which is kept on an active construction site shall be excluded from this section.

10.04 Landscaping, Screening, & Street Trees

10.04–A  Purpose. The Town of Colchester recognizes the importance of trees, vegetation, and well-planned green spaces and using these as a resource in promoting the health, safety, and welfare of town residents through improved drainage, water supply recharge, air quality, sun control, shade, and visual relief. Landscaping and screening shall be required for all uses subject to Development Review Board review. Street tree plantings shall be required for all streets in accordance with the Colchester Street Tree Master Plan. In evaluating landscaping and screening requirements, the Development Review Board shall promote the retention of existing trees while encouraging the use of a variety of plant species. At its discretion, the Development Review Board may refer to Recommended Trees for Vermont Communities: A Guide to Selecting and Purchasing Street, Park, and Landscape Trees, published by Vermont Urban and Community Forestry Program to guide landscaping and screening decisions.

10.04–B  Screening or buffering. The Development Review Board will require landscaping, fencing, land shaping and/or screening along property boundaries (lot lines) whenever it determines that a) two adjacent sites are dissimilar and should be screened or buffered from each other, or b) a property’s appearance should be improved, which property is covered excessively with pavement or structures or is otherwise insufficiently landscaped.

(1)      All off-street parking areas, off-street loading areas, outdoor storage areas, refuse and recycling areas, and utility improvements such as transformer(s), external heating and cooling equipment shall be effectively screened.

(2)     Such screening shall be a permanently maintained landscape of evergreen or a mix of evergreen and deciduous trees and shrubs, and/or a solid fence.

(3)     The landscaping shall be designed to minimize erosion and stormwater runoff, and to protect neighboring residential properties from the view of uses and parking areas on the site. The landscaping shall be of such type, height, and spacing, as in the judgment of the Development Review Board, will effectively screen the activities on the lot from the view of persons standing on adjoining properties. The plan and specifications for such planting shall be filed with the approved plan for the use of the lot.

(4)     A solid wall or fence, of location, height, and design approved by the Development Review Board, may be substituted for the required planting.

(5)     Modifications. Where the existing topography and/or landscaping provides adequate screening or would render the normally required screening inadequate, the Development Review Board may modify the planting and/or buffer requirements by, respectively, decreasing or increasing the requirements.

(6)     Recreational vehicle parking areas shall be screened with evergreen trees and shrubs and such landscaping plan shall be part of the application.

(7)     Additional landscaping above and beyond the formula may be required for the purpose of adding a buffer strip along I-89 and 289 to properly screen development from the highway.

10.04–C   Front Yards of Non-Residential and Multi-unit Dwelling Uses. In the case of non-residential and multi-unit dwelling uses, the required front yard shall be suitably landscaped and maintained in good appearance.

10.04–D  Site Restoration. Grading or seeding shall be required to restore the condition of any portion of a site that is disturbed during construction. A plan shall be provided for the stockpiling and restoration of topsoil removed or disturbed during construction, and any soil compaction within pervious areas of the site shall be repaired in accordance with the Vermont Department of Environmental Conservation Stormwater Program’s guidelines.

10.04–E   Landscaping Plan. Landscaping plans shall be prepared by a landscape architect, master gardener, nursery professional, arborist, professional landscape designer, or other landscape professional. Such plans shall be included with the site plan and shall consist of the following:

(1)     A list of existing vegetation, with the location, type, and size of existing trees of six inches or greater in caliper.

(2)     The location of existing natural features, such as streams, wetlands, and rock outcroppings.

(3)     All proposed physical improvements, such as buildings, walls, parking areas, sidewalks, etc.

(4)     Proposed landscaping materials, including vegetation to remain, types of new plant materials, identified by common name and botanical name, sizes of all new plant materials by height and/or diameter at time of planting and at maturity, quantities of each of the planting materials, and treatment of the ground surface (paving, seeding, or groundcover).

(5)     A landscape phasing plan. Construction phasing shall be shown on the landscape plan with landscaping and construction activities correlated.

(6)     Street trees shall be depicted on the plans in accordance with the Colchester Street Tree Master Plan.

(7)     All plant materials shall conform to the specifications below:

(8)     Plantings in the LS1 and LS2 Districts as well as the Shoreland Overlay District shall include a variety of primarily native plant materials informally arranged in naturalistic groupings within landscaped areas.

(9)     Landscaped areas shall be used for green stormwater infrastructure practices to the maximum extent feasible given a site’s soil and slope conditions by:

(a)     Directing stormwater from on-site impervious driveways, parking areas, sidewalks and walkways to landscaped areas or green stormwater infrastructure practices in order to promote on-site water retention and filtration;

(b)    Identifying soils on the site that are well suited for infiltration with an infiltration rate of 0.5 inches per hour or greater, and using them to the maximum extent feasible to infiltrate stormwater;

(c)     Routing stormwater runoff from impervious surfaces through appropriate green stormwater infrastructure practices based on soils, precipitation, flow, and the hydrologic and geologic conditions of the site;

(d)    Mimicking pre-development drainage patterns to the greatest extent feasible, especially with regard to where stormwater leaves the site, unless those existing drainage patterns already contribute to stormwater runoff-related impacts; and

(e)     Improving upon, rather than mimicking, pre-development drainage conditions if those conditions already contribute to stormwater runoff impacts.

(10)  Landscaping Budget Requirements. The Development Review Board shall require minimum planting costs for all site plans: three percent of the construction or improvement cost.  In evaluating landscaping requirements, some credit may be granted for existing trees or for site improvements other than tree planting as long as the objectives of this section are not reduced. The landscaping budget shall be prepared by a landscape architect or professional landscape designer.  Prior to obtaining a building permit for the project, the applicant shall provide a suitable escrow, letter of credit, or similar form of surety to guarantee the performance and completion of all planting required pursuant to the Section for a period of no less than two years from the date of landscape installation.

10.04–F   Inspection. Prior to the issuance of the certificate of occupancy, the Town shall inspect all landscaping and screening.  The Town shall identify all trees, shrubs, and other plants that are not in a healthy and vigorous condition or have been removed and provide a list of replacement requirements and a deadline for re-planting to the project owner.  If the project owner does not comply with the replacement and re-planting requirement by said deadline the Town may utilize the surety provided by the applicant to complete replacement and re-planting.  If all landscaping is in healthy and vigorous condition and planted as per the approved landscaping plan, the Town may reduce the surety to ten percent of the landscaping cost at the time of issuance of a certificate of occupancy.

10.05 Utility Cabinets and Similar Structures

10.05–A  General Requirements. The construction of a utility cabinet shall only be permitted according to the following regulations.

10.05–B  Specific Standards for Utility Cabinets and Similar Structures.

(1)     The facility shall serve the Town of Colchester and/or immediately adjacent communities.

(2)     If the parcel containing the facility is landlocked, there shall be a recorded easement or permission granting access to the utility or owner of the facility.

(3)     There shall be suitable fencing to protect the public and sufficient landscaping with evergreens of sufficient height and density to screen effectively the facility from surrounding property.

(4)     There shall be adequate off-street parking for maintenance, service, or other vehicles.

(5)     The location of the facility shall be shown on all relevant site plans.

(6)     The Development Review Board may require setbacks or attach other conditions in order to prevent any hazard to the public or noise nuisance to surrounding property.

(7)     A facility that would be a nuisance to surrounding properties due to smoke, gas, heat, odor, noise, or vibration shall not be permitted in any district.

10.06 Trash Containers

10.06–A  General Requirements.  All commercial, industrial, and multi-unit dwelling unit trash containers shall be centrally located on a concrete pad and enclosed with an opaque screen that is the minimum height of the containers.  The location of the trash containers shall not be in a visually prominent area and shall generally be behind a building and not visible from the right-of-way. Trash containers shall be located so as to not interfere with circulation on the site. Where feasible the trash container screening shall also include a latching gate.

10.07 Numbering Systems

10.07–A  General Requirements. All properties shall comply with the Colchester Street Naming and Street Addressing Regulations within the Colchester Code of Ordinance and amended from time to time. 

10.07–B  Specific Requirements.  Multi-unit dwellings and commercial or industrial suites shall contain appropriate directional signs, as defined in the Colchester Sign Ordinance, and numbering systems at major entrances.  All directional signage, street name signs, and unit numbers shall be installed prior to issuance of a Certificate of Occupancy.

10.08 Photovoltaic Systems

10.08–A  General Requirements.  Photovoltaic systems (commonly known as solar collectors) are encouraged where feasible to provide alternative energy. Net-metered systems are exempt from zoning regulations. Roof-mounted photovoltaic systems, regardless of grid connection, are subject to life-safety codes as provided for in Chapter 4 of the Colchester Code of Ordinances. The following zoning requirements apply only to those that are not net-metered.

10.08–B  Specific Requirements.  Photovoltaic systems (PVS) shall be permitted only where the following conditions can be met:

(1)     Roof-mounted solar collectors located on front and side building roofs visible from the public right-of-way shall not extend more than twelve (12) inches above the peak of the roof plane where it is mounted and further provided that no portion of any such solar collector shall extend more than 36 inches perpendicular to the point on the roof where it is mounted.

(2)     Roof-mounted solar collectors located on the rear side of the building roofs shall not extend more than twelve (12) inches above the peak of the roof plane where it is mounted and further provided that no portion of any such solar collector shall extend more than four (4) feet perpendicular to the point on the roof where it is mounted.

(3)     Ground-mounted solar collectors shall not exceed twenty (20) ft. in total height and shall be located within the rear yard or side yard at least ten (10) feet inside the property line.

(4)     All lines serving a ground-mounted solar system shall be located underground.

10.09 Wind Turbines

10.09–A  General Requirements.  Alternative energy sources are encouraged where public well-being and safety are not out at risk and aesthetic concerns can be reasonably mitigated.

10.09–B  Specific Requirements.  All wind turbines shall meet the following standards:

(1)     The wind turbine shall have a maximum output rating of 15 kilowatts.

(2)     The wind turbine shall be set back from property lines and roads at least two times the height of the overall wind turbine as measured to the top of the blade in a vertical position.  In no case should the minimum setback for the wind turbine be less than the zoning district minimum required setback.

(3)     Public access to the wind turbine shall be restricted through the use of a fence at least four (4) feet in height, with locked gates. 

(4)     Suitable warning signs containing a telephone number for emergency calls shall face all approaches to the system.  Individual signs shall be no larger than six (6) square feet.

(5)     The wind turbine shall be operated in such a manner that it does not exceed the sound level limits of the Performance Standards herein in Appendix C.

(6)     The following measures should be followed whenever feasible in order to minimize the visual impact of the project:

(a)     Removal of existing vegetation should be minimized.

(b)    Any accessory buildings should be painted or otherwise visually treated to blend with the surroundings.

(c)     The turbine should be painted with non-reflective paint to blend with the surroundings.

(7)     All lines serving a wind turbine system shall be located underground.

10.10 Telecommunications Towers & Commercial Satellite Dishes

10.10–A  Authority.  Under authority granted in 24 V.S.A. § 2291(19) and 24 V.S.A. Chapter 59, the Colchester Development Review Board hereby adopts the following civil ordinance concerning telecommunications facilities.  Under this Ordinance, the Colchester Development Review Board shall have the power to regulate the construction, alteration, development, decommissioning or dismantling of wireless telecommunications facilities and ancillary improvements.  The Board may require that bond be posted or that other acceptable security be provided in order to finance future decommissioning or dismantling activities.

10.10–B  Purpose. The purposes of this Section are to advance the objectives of the Colchester Municipal Plan, to protect the public health, safety and general welfare of the Town of Colchester, and to accommodate the communication needs of the community.  This regulation shall:

(1)     Preserve the character and appearance of the Town of Colchester while allowing adequate telecommunications services to be developed;

(2)     Protect the scenic, historic, environmental and natural resources of the town;

(3)     Provide standards and requirements for the operation, siting, design, appearance, construction, monitoring and removal of telecommunications facilities and towers;

(4)     Minimize tower and antenna proliferation by requiring the sharing of existing telecommunications facilities, towers and sites where possible and appropriate;

(5)     Facilitate the provision of telecommunications services to the community;

(6)     Minimize the adverse visual effects of telecommunications facilities and towers through careful design and siting standards;

(7)     Encourage the location of towers and antennas in non-residential areas and away from other sensitive areas such as those that have schools and child care facilities; and

(8)     Encourage the use of the latest telecommunications technologies with the least intrusive equipment available at the time.

10.10–C   Consistency with Federal Law.  In addition to other findings required by this Ordinance, the Board shall find that its decision regarding an application is intended to be consistent with federal law, particularly the Telecommunications Act of 1996.  This regulation:

(1)     Does not prohibit or have the effect of prohibiting the provision of personal wireless services;

(2)     Does not unreasonably discriminate among providers of functionally equivalent services; and

(3)     Does not regulate personal wireless services on the basis of the environmental effects of radio frequency emissions to the extent that the regulated services and facilities comply with Federal Communications Commission (FCC) regulations concerning such emissions.

10.10–D  Permits.  Application for a permit for a telecommunications tower, facility, or commercial satellite dish shall be reviewed by the Colchester Development Review Board through the site plan application process specified in Article 8.  Small Scale Facilities, as herein defined, shall be eligible for review as an administrative site plan.  No construction, alteration, addition, modification, or installation of any new telecommunications tower or facility site shall commence until the applicant has received all necessary permits.  This includes installation of antennas for any uses, change in the number of buildings or facilities, material change in technology used, or addition or change of any equipment resulting in greater visibility or structural wind-loading or additional height of the tower or profile change of the facility due to additional antennas not included in the original application.  Telecommunications towers or facilities may be permitted upon compliance with this regulation and upon proof of compliance with all other local, state or federal laws applicable to land use and development and to such towers or facilities.

10.10–E   Small Scale Facilities

The placement of wireless telecommunications antennas, commercial satellite dishes, repeaters or microcells on existing buildings, structures, roofs, or walls, and not extending more than 10 feet from the same, or the installation of ground facilities less than 20 feet in height, may be approved by the Administrative Officer through the Administrative Site Plan Process, provided the antennas meet the applicable requirements of this Section, upon submission of:

(1)     A complete site plan application as specified in Article 8.

(2)     A report prepared by a qualified engineer [A mechanical or structural engineer will be qualified by virtue of licensing in the State of Vermont; RF engineers, however, are not licensed by most states, including Vermont.] indicating the structure’s suitability for the telecommunications facility, and that the proposed method of affixing the antenna or other device to the structure complies with standard engineering practices.  Complete details of all fixtures and couplings and the exact point(s) of attachment shall be indicated.

(3)     For a facility to be installed on an existing structure, a copy of the applicant’s executed contract with the owner of the existing structure.

(4)     No such device may be located closer than 50’ to an existing residence.

10.10–F   Application Requirements.  An application for a telecommunications tower or facility in the Town of Colchester shall include a completed site plan application as detailed in Article 8.  Telecommunication facilities that are not deemed to be Small Scale Facilities shall require the following information:

(1)     An applicant for a telecommunications tower or facility must be a telecommunications provider or must provide a copy of its executed contract to provide land or facilities to an existing telecommunications provider.

(2)     The name(s), address(es), fax/telephone numbers and e-mail address(es) of the persons to be contacted who are authorized to act in event of an emergency regarding the structure or safety of the tower or facility;

(3)     A vicinity map showing the entire vicinity within a 2500 foot radius of the tower or facility site, including the location of the telecommunications facility or tower, topography, public and private roads and driveways, buildings and structures, utilities, water bodies, wetlands, landscape features, historic sites and habitats for endangered species.  It shall indicate the property lines of the proposed tower site parcel and all easements or rights of way needed for access from a public way to the tower and/or other structures;

(4)     The location of the proposed structure on a USGS Topographic Map or Survey with 20-foot elevations or a GIS-generated map compatible with VCGI standards and encompassing the area within at least a two-mile radius of the proposed tower site;

(5)     Elevations and proposed site plans of the entire development showing all facades and indicating all exterior materials and colors of towers, buildings and associated facilities, as well as all proposed landscaping, utility wires, guy wires and screening. (All plans shall be drawn at a minimum scale of 1 inch = 50 feet);

(6)     In the case of a proposed site which is forested, the approximate average height of the existing vegetation within 200 feet of the tower base;

(7)     Construction sequence and time schedule for completion of each phase of the entire project;

(8)     Identify all drainage and subsurface drainage structures on the land to be affected.  These should include drainage culverts, ditches and how the applicant will mitigate drainage problems as a result of construction of the facility or towers;

(9)     Provide an emergency management plan that depicts how the applicant will mitigate unsafe situations such as pending failures as well as actual structural failure of the towers or their supports, problems with power lines and poles leading to the facility, terrorist threats and other acts; and how will the plan integrate with the Town of Colchester’s emergency plan;

(10)  Demonstrate the property and liability insurance coverage is sufficient to protect abutting property owners and other affected parties;

(11)  Demonstrate that any abandoned or unused tower or other portions of the telecommunication facility has been removed from the site, and

(12)  A report from a qualified and licensed engineer that:

(a)     Describes the tower height, design and elevation;

(b)    Documents the height above grade for all proposed mounting positions for antennas to be collocated on a telecommunications tower and the minimum separation distances between antennas;

(c)     Describes the tower’s proposed capacity, including the number, height and types of antennas that the tower is proposed to accommodate;

(d)    Documents the steps the applicant will take to avoid interference with any established public safety telecommunications;

(e)     Demonstrates that existing telecommunications towers and other existing structures within 30 miles of the proposed site cannot reasonably be modified to provide adequate coverage and adequate capacity to the community;

(f)     Describes the output frequency, number of channels and the power output per channel for each proposed antenna;

(g)    Includes a written five-year plan for use of the proposed telecommunications facility, including reasons for seeking capacity in excess of immediate needs (if applicable), as well as plans for additional development and coverage within the Town;

(h)    Demonstrates the proposed tower’s, facility’s and other structure’s compliance with the standards set forth in this regulation or other applicable standards;

(i)      Provides proof that at the proposed site the applicant will be in compliance with all FCC regulations, standards and requirements, and includes a statement that the applicant commits to continue to maintain compliance with all FCC regulations, standards and requirements regarding both radio frequency interference (RFI) and radio frequency radiation (RFR).  The applicant shall also prove that the proposed facility will not interfere with Town emergency services equipment.  (The Development Review Board may hire independent engineers to perform evaluations of compliance with the FCC regulations, standards and requirements on an annual basis at unannounced times, at the expense of the applicant.);

(j)      Includes such other information required by the Board or its consultants necessary to evaluate the application; and

(k)     Includes each engineer’s stamp and registration number;

(l)      Demonstrates that the applicant has analyzed the feasibility of using repeaters or micro-cells in conjunction with all facility sites listed in compliance with collocation requirements herein in Section 10.10F.

(13)  A letter of intent committing the tower or facility owner and his or her successors to permit shared use of the tower if the additional user(s) agree to meet reasonable terms and conditions for shared use, including compliance with all applicable FCC regulations, standards and requirements and the provisions of this Ordinance and all other applicable laws;

(14)  In the case of an application for additional antennas or other equipment to be installed on a previously permitted tower or other structure, a copy of the executed contract with the owner of the existing structure;

(15)  To the extent required by the National Environmental Policy Act (NEPA) and as administered by the FCC, a complete Environmental Assessment (EA) draft or final report describing the probable impacts of the proposed facility.

(16)  Each application shall be signed by the applicant(s) and the contributing engineer(s) under the pains and penalties of perjury.

(17)  Computer generated photo simulations of the proposed facility showing the facility from public rights-of-way and any adjacent property from which it may be visible.  Each photo shall be labeled with the line of sight, elevation, and the date taken imprinted on the photo.  The photos must show the color of the facility and the method of screening.

10.10–G  Collocation Requirements. An application for a new telecommunications tower or facility shall not be approved unless the Development Review Board finds that the antennas and other equipment planned for the proposed tower or facility cannot be accommodated on an existing or approved tower or facility due to one of the following reasons:

(1)     The proposed antennas and other equipment would exceed the structural or spatial capacity of the existing or approved tower or facility, as documented by a qualified engineer licensed to practice in the State of Vermont, and the existing or approved tower or facility cannot be reinforced, modified or replaced to accommodate planned or equivalent antennas and equipment at a reasonable cost to provide coverage and capacity comparable to that of the proposed facility;

(2)     The proposed antennas and equipment would cause interference materially impacting the usefulness of other existing or permitted equipment at the existing or approved tower or facility as documented by a qualified engineer licensed to practice in the State of Vermont and such interference cannot be prevented at a reasonable cost;

(3)     The proposed antennas and equipment, alone or together with existing facilities, equipment or antennas, would create RFI in violation of federal standards or requirements;

(4)     The proposed antennas and equipment, either alone or together with existing equipment and antennas would create RFR in violation of federal standards or requirements;

(5)     Existing or approved towers and other structures cannot accommodate the planned antennas and equipment at a height necessary to function reasonably or are too far from the area of needed coverage to function reasonably as documented by a qualified engineer licensed to practice in the State of Vermont;

(6)     Aesthetic considerations make it unreasonable to locate the planned antennas and equipment upon an existing or approved tower or building;

(7)     There is no existing or approved tower or other structure in the area for which coverage is sought; or

(8)     Other unforeseen specific reasons make it unreasonable to locate the planned antennas and equipment upon an existing or approved tower or building.

(9)     Towers shall be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights where overall permitted height allows.  Towers shall be designed structurally, electrically and in all other respects to accommodate both the applicant’s antennas and additional antennas where overall permitted height allows.

10.10–H  Height and Setback Requirements. In order to protect public safety and to preserve the scenic character and appearance of the area, the height limit for towers, antennas and tower-related fixtures shall be not more than 20 feet above the average height of the tree line measured within 100 feet of the highest vertical element of the telecommunications facility.  Notwithstanding the above, additional height may be approved upon a finding by the Development Review Board that the additional height is necessary in order to provide adequate coverage in the Town of Colchester or to accomplish collocation of facilities and that the additional height will not cause an undue visual impact on the scenic character or appearance of the area.  In the event tower facilities are proposed in open areas, the height limit shall not exceed the height necessary to provide adequate coverage in the Town of Colchester or to accomplish collection of facilities and will not cause an undue visual impact on the scenic character or appearance of the area.   The minimum distance from any telecommunications tower or facility to any property line, dwelling or other occupied structure shall be no less than the height of the tower, including antennas or other vertical appurtenances.  In the event that the communications tower or equipment will be mounted on an existing structure such as a silo, church steeple or utility pole, the minimum distances from the base of that structure to any property line, dwelling or other occupied structure shall be no less than the height of the tower including antennas and other vertical appurtenances.

10.10–I   Lighting and Signage Requirements. Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is required by FAA or other federal or state law.  If any lighting is required solely because of the height of a tower, the Development Review Board may review the plan to determine if the lighting requirement can be eliminated by a reduced height or a change in location of the tower.  No commercial signs or lettering shall be placed on the tower or its appurtenances. 

10.10–J   Design Requirements. All telecommunications towers, antennas and their support structures shall be designed to blend into the surrounding environment through the use of color camouflaging, architectural design, and other alternative design tower structures as well as by minimal disruption of existing vegetation.  The following standards shall apply to the design of telecommunication and commercial satellite facilities:

(1)     Materials used for the exterior of any structure shall be of a type, color and location so as to minimize glare and the impact on any scenic or historic areas, public vantage points or abutting properties.

(2)     Screening shall be required at the perimeter of the site.  This may be provided by existing natural foliage or by planted new foliage or other means approved by the Development Review Board.  A planted or natural vegetative screen shall be a minimum of 10 feet in depth with a minimum height of 6 feet and shall have the potential to grow to a height of at least 15 feet at maturity.  Existing on-site vegetation outside the immediate site for the wireless facility shall be preserved or improved.  Disturbance to existing topography shall be minimized unless the disturbance is demonstrated to result in less visual impact on the facility from surrounding properties and other vantage-points.

(3)     Where telecommunications facilities require construction of a new access road or improvement to existing access roads, to the extent practicable, roads shall follow the contour of the land.  Access roads, when consistent with the purposes of this Ordinance and when economically feasible, shall be constructed or improved within existing forest or forest fringe areas and not in open fields.  Utility or service lines shall be designed and located so as to minimize or prevent disruption of the scenic character and beauty of the area.

(4)     Protection of Scenic Ridges and Hillsides.  The Development Review Board, in consultation with the applicant and others, shall determine the likely visual impact of any proposed telecommunications facility or tower and may require balloon tests, photographs, simulations, and any other necessary, helpful and relevant information.  Based on the information presented, the Development Review Board may designate an alternative location for the facility or tower or may request a redesign in order to minimize the visual impact on the scenic character and beauty of the area.  In determining whether or not a facility or tower would have an undue adverse visual impact and when setting conditions in the permit, the Development Review Board shall consider:

(a)     The period of time and frequency during which it would be viewed by persons traveling on public highways in the Town of Colchester;

(b)    The degree to which it will be screened by existing vegetation, the topography of the land, and existing structures;

(c)     Background features that will either obscure it or make it more conspicuous;

(d)    The proportion of it which will be visible above the skyline or tree line;

(e)     The number of residents of Colchester who will be affected by the alteration of the scenic character and beauty of the area;

(f)     The sensitivity or unique value of the particular view affected by it; and

(g)    Significant disruption of a view-shed that provides context to a historic or scenic resource in the Town of Colchester.

10.10–K  Continuing Obligations.  Upon receiving a permit, the applicant shall annually certify on January 15^th in an affidavit that it is in compliance with all FCC standards and requirements regarding RFR and provide basis for his or her representations. In addition, the applicant shall comply with the following requirements:

(1)     The telecommunications facility or tower owner shall maintain adequate insurance on the facility, tower and the entire site.

(2)     All facility and tower sites shall be properly fenced and identified by signage that indicates the presence of RFR and any other appropriate warnings required by the permit conditions.

10.10–L   Removal of Abandoned, Unused, Obsolete, Damaged, or Dangerous Towers or Other Portions of Facilities.  Abandoned or unused towers or other portions of telecommunications facilities shall be removed as follows:

(1)     The owner of a tower shall annually, on January 15th, file a declaration with the Development Review Board certifying the continuing safe operation of the entire tower and other portions of the facility.  Failure to file a declaration shall mean that it is no longer in use and the Development Review Board shall declare it abandoned.

(2)     Abandoned or unused towers and facilities shall be removed within 180 days of cessation of operations unless a time extension is approved by the Development Review Board. If the tower is not removed within 180 days of cessation of operations at a site, the municipality shall notify the owner and may remove the tower and all associated facilities.  Costs of removal shall be assessed against the property owner, tower owner and/or facility owner.

(3)     Unused portions of towers shall be removed within 180 days of the time that such portion is no longer used.  Replacement of portions of a tower previously removed shall require a new permit.

(4)     An owner who has failed to file an annual declaration with the Development Review Board by January 15 may, by February 15, file a declaration of use or intended use and may request the ability to continue use of the facility/tower.

10.11 Satellite Dishes Other than Commercial Satellite Dishes.

10.11–A  General Requirements.  This section shall be applicable to satellite dishes that do not qualify as Commercial Satellite Dishes.

10.11–B  Specific Standards.  All satellite dishes shall be attached to a primary structure.  No more than two satellite dishes shall be located on a structure without site plan approval by the Development Review Board.  Every effort shall be made to screen such dishes and locate such dishes off the primary façade of a structure.

10.12 Bus Shelters

10.12–A  General Requirements. The location and design of bus shelters shall require site plan approval. 

10.12–B  Specific Requirements. Such shelters may be constructed adjacent to or within street rights-of-way in any zoning district. The shelter shall be located to permit ample room for the bus to conveniently leave the traveled roadway to pick up or discharge passengers. The design shall be harmonious with adjacent properties.

10.13 Home Occupations and Home Businesses

10.13–A  Home Occupations. Customary home occupations are permitted as accessory uses in dwelling units provided that the home occupation does not adversely affect the residential character of the property or adjacent properties and the following conditions are met:

(1)     The use is conducted solely and entirely within the primary dwelling or in an accessory building, and the use is clearly incidental and secondary to the use of the dwelling unit for living purposes.

(2)     The home occupation shall be owned by the principle occupant of the dwelling in which it is located. In no case may the homeowner or principle occupant rent out the business area of the dwelling.

(3)     No more than twenty-five percent (25%) of the ground floor area of the dwelling, but not to exceed 500 square feet, or its equivalent elsewhere in the dwelling or in an accessory building shall be used by the home occupation.

(4)     There shall be no external display or advertising of goods or services or other external evidence of such use, except for a sign. Such sign shall conform to the provisions of Article 2.18 herein. The content of the sign shall be the name and/or address of the home occupation and/or owner of the business.

(5)     The establishment of such occupation shall not require internal or external alterations or involve construction features not customarily found in dwelling units.

(6)     The appliances and equipment shall be operated in such a manner that they do not produce and emit beyond the boundaries of the premises on which the use is located, dust, glare, hazardous material, heat, light, noise, odor, radiation, radio or television interference, smoke, or vibration and are in no other manner obnoxious or detrimental to the immediate neighborhood as defined in the Performance Standards herein in Appendix C.

(7)     The use itself is conducted in such a manner and during such hours that it is in no way obnoxious, offensive, or detrimental to the immediate neighborhood.

(8)     In the case of a music or voice instructor, the office or studio shall be so equipped and used that the sounds there from shall not be heard beyond the boundaries of the premises on which the use is located.

(9)     There are not more than two (2) employees or helpers other than members of the household provided that parking spaces for such employees shall be located in side or rear yards.

(10)  The home occupation use shall not generate traffic greater than 12 vehicle trip ends per day.  Vehicle trip ends for the residential use shall not be included in counting trip ends for the home occupation use.

10.13–B  Home Businesses. An activity which exceeds the standards for a home occupation may be considered a home business. Home businesses shall be subject to the following criteria and shall not change the planned character of the neighborhood:

(1)     The Home Business shall be carried on by residents of the premises (at least one person involved in the business shall be a resident of the dwelling) and not more than three (3) additional on-premise employees who are not residents,

(2)     Adequate parking spaces for such employees shall be provided off-street and shall be located in side or rear yards.

(3)     The Home Business shall be carried on wholly within a primary dwelling or in an accessory building and not have external storage of supplies and equipment visible from any adjacent highways or dwelling unit, with the exception of parking spaces specified herein. Automotive repair and automotive installation shall not be considered home business uses.

(4)     A Home Business shall be clearly incidental and secondary to the use of the dwelling unit for living purposes. An activity which exceeds these requirements herein shall be prohibited. 

(5)     A Home Business may have one commercial vehicle exceeding the size requirements of 10.01M of the regulations herein provided that the owner of the home is also an owner of the business and the legal possessor of the vehicle.

(6)     A Home Business may only be located in a detached single unit dwelling or a duplex or triplex rowhouse unit. When proposed to be located in a rowhouse unit, the Development Review Board may impose criteria such that adverse impacts to abutting units are minimized. This may include, but is not limited to, restrictions on outdoor storage of business materials, hours of operation, and employee, customer, and visitor parking.

10.14 Seasonal Dwelling Units

10.14–A  General Provisions. These provisions shall apply to all structures constructed as seasonal dwelling units.  Nothing herein shall prevent the continuation of seasonal use of a dwelling that was constructed as such.  No new seasonal dwelling units shall be permitted.

10.14–B  Seasonal Use.  A summer seasonal dwelling may be occupied from April 1^st through October 31st and shall be vacated at all other times. A winter seasonal dwelling is occupied from November 1st through March 31^st and shall be vacated at all other times.

10.14–C   Conversion.  A seasonal dwelling unit may be converted to a single-unit dwelling (including occupancy) if the Administrative Officer, through the Building Permit process, determines the conversion meets the following requirements:

(1)     On-site Sewage Disposal.  The property shall have a septic system conforming to all current Town and State regulations. 

(2)     Access.  The property shall have adequate access in accordance with the adopted Colchester Code of Ordinances Chapter Seven and any amendments thereto. The Building Inspector shall be the reviewing authority for adequate access.

(3)     Potable Water.  The property shall have year-round access to potable water that meets all current State regulations. 

(4)     The proposed year-round residential use is a permitted or otherwise allowed in the District.

(5)     Two off-street parking spaces are required per dwelling unit.

10.14–D  Improvements.  A seasonal dwelling unit may be rehabilitated or otherwise repaired through the building permit process so long as the footprint is maintained or reduced. 

10.14–E   Extension. A seasonal dwelling unit may be reconstructed or enlarged through the building permit process so long as the following conditions are met:

(1)     On-site Sewage Disposal.  On-site sewage disposal and potable water are subject to review by the Agency of Natural Resources. Should a permit be deemed necessary, receipt of such review and approval shall be provided prior to issuance of a building and zoning permit. The improvements shall follow the permitting requirements of the State of Vermont Environmental Protection Rules Chapter 1.

(2)     The residential use is a permitted or otherwise allowed in the District.

(3)     Two off-street parking spaces are required per dwelling unit.

10.14–F   Seasonal Dwelling Units shall not be subject to the time limits established under Section 2.12A(3).

10.15 Change of Occupancy

10.15–A  General Provisions.  For any change of occupancy, excluding residential units, a zoning permit shall be obtained prior to occupancy noting the use, number of employees, business, and designated contact for the business.

10.15–B  Multi-tenant Properties.  For properties with more than one non-residential-occupancy, a cumulative impact statement shall be provided for a change of occupancy.  The cumulative impact statement shall show the number of employees associate with the new occupancy, allocation of parking and vehicle trip ends amongst the occupancies, and anticipated water / wastewater flows for the occupancies as well as the uses, business names, and designated contacts for the occupancies.