COLCHESTER DEVELOPMENT REGULATIONS

SUPPLEMENT 48

Article 7: OVERLAY DISTRICTS

7.01 General Development Four Commercial District GD4C

7.01–A Purpose. To limit high-volume commercial uses such as retail stores, drive-through banks, restaurants and gas stations within the General Development Four District. Development within GD4C shall be subject to strict guidelines of General Development Four.

7.01–B Municipal Plan. These regulations hereby implement the relevant provisions of the Town of Colchester adopted municipal plan and are in accord with the policies set forth therein.

7.01–C Permitted Uses. Those uses allowed as permitted uses in the General Development Four District may be permitted in the GD4C Overlay District in accordance with the provisions of Section 4.04 herein. In addition to the uses permitted in Section 4.04 the following uses are permitted within GD4C:

(1) Banks with drive-in windows

7.01–D Conditional Uses. Those uses allowed as conditional uses in the General Development Four District may be permitted in the GD4C Overlay District in accordance with the provisions of Section 4.04 herein. In addition to the uses permitted in Section 4.04 the following uses are conditionally permitted within GD4C:

(1) Convenience store with gas pumps

(2) Short-order restaurant with drive-up service

(3) Gas sales without service and repair

(4) Drycleaner & laundromat majority of business is not walk-in

7.01–E Area, Density, and Dimensional Requirements. In the GD4C District, all structures shall be subject to the area, density and dimensional requirements of the General Development Four District as set forth in Section 4.04 and Table A-2, Dimensional Standards of these regulations.

7.01–F Additional Standards. In addition to the Site Plan, Conditional Use, Planned Unit Development criteria, all development in the GD4C District shall also be subject to the following standards:

(1) Existing convenience stores with gas pumps and gas sales operations without service and repair shall be allowed to continue and/or expand.

(2) New convenience stores with gas pumps and gas sales operations without service and repair shall be located within 3,000 feet of the Interstate 89 right-of-way.

(3) No new convenience stores with gas pumps nor new gas sales operations without service and repair shall be permitted or allowed within 3,000 feet of an existing convenience store with gas pumps or gas sales operations without service and repair use, except that this limitation shall not apply to the distance between gas sale uses located on opposite sides of the Interstate 89 right of way.

7.02 General Development Four Open Space District/ GD4OS

7.02–A Purpose. To conserve open spaces of particular importance to viewscapes within the General Development Four District.

7.02–B Municipal Plan. These regulations hereby implement the relevant provisions of the Town of Colchester adopted municipal plan and are in accord with the policies set forth therein.

7.02–C Permitted Uses. Those uses allowed as permitted uses in the General Development Four District may be permitted in the GD4OS Overlay District in accordance with the provisions of Section 4.04 herein.

7.02–D Conditional Uses. Those uses allowed as conditional uses in the General Development Four District may be permitted in the GD4C Overlay District in accordance with the provisions of Section 4.04 herein.

7.02–E Area, Density, and Dimensional Requirements. In the GD4OS District, all structures shall be subject to the area, density and dimensional requirements of the General Development Four District as set forth in Section 4.04 and Table A-2, Dimensional Standards of these regulations.

7.02–F Additional Standards. In addition to the Site Plan, Conditional Use, Planned Unit Development criteria, all development in the GD4OS District shall also be subject to the following standards:

(1) For all properties within the GD4OS 30% of the total acreage of any parcel to be developed shall be designated as open space. If all of the GD4OS area on a property is designated as restricted open space with covenants to keep said space open in perpetuity, the Development Review Board may increase total lot coverage by 10% beyond that permitted in General Development Four District as set forth in Section 4.04 and Table A-2.

(2) Structures within the GD4OS District shall be limited to ten feet in height. The Development Review Board may increase the height of a building up to the height for the GD4 District designated in if 50% or more of the GD4OS on a property is designated as restricted open space with covenants to keep said space open in perpetuity in Section 4.04 and Table A-2.

(3) The Development Review Board may approve use of the GD4OS for septic systems and stormwater treatment/detention systems, provided all GD4OS area on a property is designated as restricted open space with covenants to keep said space open in perpetuity.

7.03 Shoreland District/ SD

7.03–A Purpose. To preserve the natural growth and cover of the shorelines, to preserve water quality, to prevent pollution, to regulate development and appearance of the shorelines, to prevent erosion, to prevent nuisance, and to preserve the property rights of the shoreline property owners. The boundaries of the Shoreland District shall include all lands within 250 feet from the mean watermark of Colchester Pond, and Lake Champlain. This district overlays all other districts along the shoreline.

7.03–B Municipal Plan. These regulations hereby implement the relevant provisions of the Town of Colchester adopted municipal plan and are in accord with the policies set forth therein.

7.03–C Permitted Uses. The following uses are permitted in the Shoreland District in accordance with the provisions of this Section 7.03 and Table A-2, Dimensional Standards.

(1) Those uses which are permitted in the underlying zoning district.

(2) Piers, docks and other structures attached to the shore and extending beyond the mean water mark are exempt from these Regulations, provided that such piers, docks and other structures comply with all state and federal regulations pertaining to such encroachments and are not integrated with other structures regulated herein.

(3) Repair and reconstruction of existing residential structures including the installation of full basements.

(4) Enlargement of residential structures that does not increase the degree of encroachment within 100 feet from the mean water mark.

(5) Shore based facilities for pumping and/or disposing of wastes from boats (subject to applicable Town and State Health Regulations).

(6) Publicly owned recreational uses such as picnic ground, parks, playgrounds, swimming areas (beaches), natural areas and hunting and fishing.

(7) Seawalls, retaining walls and similar structures detached from and not an integral part of a building.

(8) Paths, stairs and associated landings detached from and not an integral part of a building.

(9) Boat launching ramps.

(10) Fences.

(11) Removal of up to 25% of the trees one-inch caliper or greater within a ten-year period that is witnessed by the Colchester Administrative Officer or designee prior to removal.

7.03–D Conditional Uses. The following uses are allowed in the Shoreland District as conditional uses subject to approval by the Development Review Board in accordance with the provisions of this Section 7.03 and Table A-2, Dimensional Standards.

(1) Enlargement of structures that increases the degree of encroachment within the 100 feet from the mean water mark. Such portion of the structure encroaching shall not exceed 10% of the building as measured from the exterior face of exterior walls excluding appurtenances such as decks, porches, overhangs, and stairs in existence at the time of application within a 10-year period.

7.03–E Area, Density, and Dimensional Requirements. In the Shoreland District structures shall be subject to the following area, density and dimensional requirements:

(1) Except for those uses specified in Section 7.03C & D all buildings and structures shall be setback 100 feet from the mean water mark.

(2) All buildings, structures, and lots shall comply with the minimum lot, dimensional, coverage, and height requirements of the underlying district.

7.03–F Additional Standards. In addition to the Site Plan, Conditional Use, Planned Unit Development criteria, all development in the Shoreland District shall also be subject to the following standards:

(1) If piers, docks and other structures under Section 7.03C(2) are integrated with structures requiring approval hereunder, including but not limited to seawalls, retaining walls, stairs or landings, such integrated portions of the pier, dock or other structure under 7.03C(2) located landward of the mean water mark are subject to this Section 7.03F.

(2) Existing natural shoreline vegetation should be incorporated into the project when reasonably possible. Native plants and wildlife habitat should be considered and preserved to the greatest extent possible. No more than 25% of existing trees, both native and non-native invasive species, one-inch caliper or greater shall be removed along the shoreline for a distance of 100 ft from the mean water mark within a ten-year period. The Development Review Board may permit more than 25% removal of existing trees of one-inch caliper or greater in conjunction with a 1:1 replanting plan if it is determined that the removal of the trees will not have adverse impact on shoreline stability and the character of the area. Removal of more than 25% of existing trees one inch caliper or greater shall require a survey of existing conditions including the size, location, condition and type of vegetation specifically indicating non-native invasive species versus native species. Phasing of tree removal is encouraged, including for non-native invasives, to allow for replanted trees to become established and assist with bank stability. Tree removal and replanting plans must take into account bank stability, stormwater runoff, and erosion control. The replanting plan shall be prepared by a licensed Landscape Architect, Arborist, or Environmental Ecologist and shall have at least a one-to-one replacement ratio for all trees over one inch caliper with native trees. A Landscape Improvement Agreement may be required to provide surety for the proposed plantings. Removal of dead trees or trees of immediate threat to human safety as well as reasonable pruning of existing trees is permitted.

(3) The proposal for filling, grading or erection of any structure within 100 ft. inland of the mean water mark shall require site plan review and approval by the Development Review Board per Article Eight and Section 2.13. Specifically exempt from this requirement shall be those uses listed in Section 7.03C (4), (5), (8), and (10).

(4) Requests for seawalls and similar structures under Section 7.03C(7) shall require site plan approval by the DRB as specified in Article Eight. In addition to the requirements of Section 7.03F, the DRB shall apply the following standards to the construction of seawalls and similar structures permitted under Section 7.03C(7):

(a) The applicant shall prove the required need of said seawall or similar structure. Required needs include threat to personal property, excessive erosion, or imminent threat to water quality. Expansion of usable property shall not constitute need. All seawalls shall be constructed in a structurally sound manner fully complying with building codes in effect.

(b) The seawall or similar structure shall be designed by a Professional Engineer or Landscape Architect. Exceptions may be made by the Board where Bio-Engineered solutions are proposed.

(c) The seawall or similar structure shall, to the extent structurally feasible, follow the existing contour of the shoreline and be located along the toe of the slope minimizing backfill and land disturbance. The structure shall be scaled to meet the need and not larger than structurally required. The Shoreline Stabilization Handbook, as amended from time to time, shall be consulted for project design. Full design plans including a site plan with property boundary lines, contours including the 95 foot, 98 foot, and 102 foot elevations shall be submitted with the application including a scaled cross-section of the wall, descriptions of material to be used, a drainage plan, a construction access plan, and soil erosion / site stabilization plan. Existing conditions shall be documented through site plans as well as photographs of the site from the waterbody.

(d) Visually massive structures are discouraged. The project design should mitigate the visual impact of the structure as viewed from the water. To this end, terracing, landscape plantings, and other aesthetic measures should be integrated into the structural solution.

(e) Whenever feasible, a coordinated solution to localized erosion problems should be taken amongst effected property owners.

(f) The Professional Engineer or Landscape Architect that designed the structure shall be present with the Administrative Officer or designee during an inspection of the structure when half completed. The same designer shall certify that the structure was built per the plan prior to the issuance of a certificate of occupancy for the project.

(5) The review of any proposed construction of shore-based facilities shall consider the following:

(a) Will not adversely affect water quality or be a source of nuisance by reason of noise or fumes.

(b) Will not interfere with or prevent use of adjacent shoreland property or its access to and from the water.

(c) Will be compatible with adjacent land uses.

(d) That necessary and adequate sanitary public utilities and parking facilities are available or will be made available.

(e) Will not create an adverse vehicle traffic condition.

(6) Stairs shall be no more than 48 inches in width with associated platforms being no more than 48 inches in width and 48 inches in length. All stairs shall have a handrail on at least one side. Flexibility will be exercised with regard to the rise and run of stairs permitted under this section to accommodate pedestrian access yet minimize visibility from the lake and preservation of natural features. Paths shall not exceed 48” in width.

(7) All stairs and paths shall minimally disturb existing contours on the site and where possible follow existing contour lines. Stairs and paths shall make use of the natural vegetation and topography to blend with the shoreline. All stairs and paths shall be screened from the water body through the use of landscaping.

(8) The Department of Water Resources and the U.S. Army Corps of Engineers may be requested to review, comment on, or approve all applications for construction below the 98 foot elevation prior to issuance of a building permit for said construction. The Development Review Board and the Department of Planning and Zoning may utilize the recommendations of the Department of Water Resources and the U.S. Army Corps of Engineers in its decision whether or not to issue a building permit for said construction.

(9) Enlargement of a residential structure that increases encroachment within the 100 feet from the mean water mark shall demonstrate that said enlargement cannot reasonably be accomplished without further encroachment due to topography, shape of the lot, or interior floor plan layout. Enlargement that results in additional encroachment shall be adequately screened from the water body, shall make use of existing topography, shall utilize earth-tone colors, and shall make use of the natural vegetation and topography to blend with the shoreline.

(10) Legal encroachments per Section 7.03 shall not be subject to the time limits established under Section 2.12B(2).

(11) Requests for boat launching ramps under Section 7.03C(9) shall require site plan approval by the DRB as specified in Article Eight. In addition to the requirements of Section 7.03F(1), (2), and (3), the DRB shall apply the standards of 7.03F(4)(b)-(d) to the construction of ramps.

7.04 Water Protection District/ WPD

7.04–A Purpose. It is the purpose of this Section to provide for the protection and improvement of the surface waters and wetland within the Town of Colchester. These regulations and standards are intended to lead to the establishment and protection of natural areas along the Town’s surface waters and wetlands to provide improved protection for water quality and the provision of open space areas and wildlife habitat. It is the further purpose of this Section to provide for the retention of preexisting residential neighborhoods located along surface waters and streams in a manner consistent with the resource protection goals of this Section and the Municipal Plan.

7.04–B Municipal Plan. These regulations hereby implement the relevant provisions of the Town of Colchester adopted municipal plan and are in accord with the policies set forth therein.

7.04–C Surface Water Buffer Standards (“Stream Buffers”)

(1) Applicability. The requirements of this Section shall apply to all lands in Colchester, except those developed with a single-unit dwelling or duplex dwelling in a project that does not require DRB oversight after of December 21, 2004, described as follows:

(a) All land within eight-five (85) feet horizontal distance of the center of the main channel of Allen Brook, Indian Brook, Malletts Creek, Pond Brook and Sunderland Brook and from the center of all tributaries of the above named streams and all other minor streams which shall be subject to the provisions of (b) below.

(b) Initial assessment of a stream location can be made by consulting the Overlay District Map. In the case of a conflict with the map, final assessment will be made by a wetland/aquatic biologist. The origin of a stream or tributary is defined as the point where an intermittent stream forms a distinct channel, as indicated by the presence of a streambed and/or high water marks.

(2) General standards. It is the objective of these standards to promote the establishment of heavily vegetated areas of native vegetation and trees in order to reduce the impact of stormwater runoff, reduce sedimentation, and increase infiltration and base flows in the Town’s watercourses. Therefore, except as specifically permitted below and in Section 7.04C3 & 4, all lands within a required stream buffer defined above shall be left in an undisturbed, naturally vegetated condition. Supplemental planting and landscaping with appropriate species of vegetation to achieve these objectives shall be permitted. The specific standards for the vegetation and maintenance of stream buffers are as follows:

(a) No more than 25% of existing trees one inch caliper or greater shall be removed within 85 feet from the centerline of the stream within a ten year period. The Development Review Board may permit up to 40% of existing trees of one inch caliper or greater to be removed if it is determined that the removal of the trees will not have adverse impact on the character of the area. Removal of dead trees or trees of immediate threat to human safety as well as reasonable pruning of existing trees is permitted. Removal of more than 40% of existing trees may be approved by the Development Review Board in conjunction with a permitted or conditional use within underlying districts.

(b) Any altered or relocated portion of a watercourse shall maintain its flood carrying capacity. Any areas within a required stream buffer that are not vegetated or that are disturbed during construction shall be seeded with a naturalized mix of grasses rather than standard lawn grass, and shall not be mowed more than one (1) time per calendar year after establishment.

(c) The creation of new lawn areas within stream buffers is not permitted after December 21, 2004.

(d) Accessory residential structures which do not exceed 120 square feet and residential pools that do not exceed 500 square feet are hereby exempted provided the primary structure is in existence on December 21, 2004.

(e) Enlargement, repair and reconstruction of residential structures in existence on December 21, 2004 are hereby exempted.

(f) Residential fences where the primary structure is in existence on December 21, 2004 are hereby exempt.

(g) Maintenance, repair, and/or reconstruction of existing stormwater management systems lawfully located within the stream buffer as hereby exempted.

(3) Expansion of pre-existing structures within stream buffers. The expansion of pre-existing structures within stream buffers, except as provided in Section 7.04C2 above, shall be permitted only in accordance with the standards for noncomplying structures in Section 2.12 of these Regulations.

(4) New uses and encroachments within stream buffers. The encroachment of new land development activities into the Town’s stream buffers is discouraged. The DRB may authorize the following as conditional uses within stream buffers, subject to the standards and conditions enumerated for each use.

(a) Agriculture in accordance with Vermont Department of Agriculture Acceptable Agricultural Practices, horticulture and forestry including the keeping of livestock, provided that any building or structure appurtenant to such uses is located outside the stream buffer.

(b) Clearing of vegetation and filling or excavating of earth materials, only to the extent directly necessitated for the construction or safe operation of a permitted or conditional use on the same property and where the DRB finds that:

i. There is no practicable alternative to the clearing, filling or excavating within the stream buffer; and

ii. The purposes of this Section will be protected through erosion controls, plantings, protection of existing vegetation, and/or other measures.

(c) Encroachments necessary to rectify a natural catastrophe for the protection of the public health, safety and welfare.

(d) Encroachments necessary for providing for or improving public facilities.

(e) Public recreation paths and bridges.

(f) Stormwater treatment facilities meeting the Vermont Agency of Natural Resources stormwater treatment standards, and routine maintenance thereof, including necessary clearing of vegetation and dredging. Evidence of a complete application to the VANR for coverage under the applicable permitting requirements shall be required to meet this criterion for encroachment into a stream buffer. The conveyance of treated stormwater to a stream through a pipe or open channel shall occur at the invert elevation of the streambed, wherever possible, and shall be stabilized by a stone outfall. A maintenance schedule for permanent stormwater best management practices shall be submitted and approved by the Town Engineer. A performance bond may be required for said improvements.

(g) Roadways or access drives for purposes of crossing a stream buffer area to gain access to land on the opposite side of the buffer, or for purposes of providing safe access to an approved use, in cases where there is no feasible alternative for providing safe access. Roadways, access drives, and associated improvements shall meet the following standards:

i. Wherever practicably feasible, the crossing shall occur at right-angle to the stream channel and the roadway or access drive should be located at least ten (10) feet from the edge of channel of the surface water.

ii. Unless otherwise approved by the Town Engineer, for streams up to 6 feet wide, arch (squashed) culverts with baffles or box culverts with baffles shall be used. In either case, the invert of the structure shall be at grade with the streambed. For streams 6 feet wide or greater, bottomless Plate Arches or bridges will be used to ensure passage of water during dry periods and minimize barriers to fish. All roadway bridges or plate arches shall be capable of passing a 50‑year peak discharge.

iii. Unless otherwise approved by the Town Engineer, for culvert headers there should be 4' of scour protection (below streambed) or a minimum of 1/2 culvert diameter. Headers and wing walls should be high enough to retain road fills and provide for adequate roadway width. Wing configuration shall be as necessary to retain fill slopes and control inlet and outlet erosion.

(h) Utility lines, including power, telephone, cable, sewer and water, to the extent necessary to cross or encroach into the stream buffer where there is no feasible alternative for providing or extending utility services. Underground utility crossings should be located at least 3 feet below the streambed, so that future channel erosion does not expose them.

(i) Outdoor recreation not involving the uses of mowed fields provided any building or structure (including parking and driveways however except bridges and boardwalks) appurtenant to such use is located outside the stream buffer.

(j) Research and educational activities provided any building or structure (including parking and driveways) appurtenant to such use is located outside the stream buffer.

(k) Hydro-electric power generation

7.04–D Wetland Buffer Standards

(1) Applicability. The requirements of this Section shall apply to all of the following lands:

(a) Lands designated as Class I and II wetlands

(b) All lands within fifty (50) feet horizontal distance of the edge of a Class I and II wetland

(c) Initial assessment of a wetland location can be made by consulting the National Wetland Inventory map and the Overlay District Map. In the case of a conflict with the map, final assessment will be made by a wetland/aquatic biologist.

(2) General standards. It is the objective of these standards to promote the establishment of heavily vegetated areas of native vegetation and trees in order to reduce the impact of stormwater runoff, reduce sedimentation, and increase infiltration and base flows in the Town’s wetlands. Therefore, except as specifically permitted below, all lands within wetlands and required wetland buffers defined above shall be left in an undisturbed, naturally vegetated condition:

(a) Encroachment into Class I and II wetlands is permitted by the Town only in conjunction with issuance of a Conditional Use Determination (CUD) by the Vermont Department of Environmental Conservation and positive findings by the DRB pursuant to the criteria in Section 7.04D2(b) below.

(b) Encroachment into Class I and II wetland buffers may be permitted by the DRB upon finding that the proposed project’s overall development, erosion control, stormwater treatment system, provisions for stream buffering, and landscaping plan achieve the following standards for wetland protection:

i. The encroachment(s) will not adversely affect the ability of the property to carry or store flood waters adequately;

ii. The encroachment(s) will not adversely affect the ability of the proposed stormwater treatment system to reduce sedimentation according to state standards;

iii. The impact of the encroachment(s) on the specific wetland functions and values identified in the field delineation and wetland report is minimized and/or offset by appropriate landscaping, stormwater treatment, stream buffering, and/or other mitigation measures.

iv. There shall be no adverse affect to soils or vegetation, impairment of the quantity and quality of surface and ground water, or soil erosion.

v. Excavation of earth materials or filling with earth materials or other substances will be permitted only to the extent necessitated by a permitted or conditional use.

7.04–E Fluvial Erosion Hazard Overlay District (FEH)

(1) Purpose. To preserve the natural growth and cover of the shorelines, to preserve water quality, to prevent pollution, to regulate development and appearance of the shorelines, to prevent erosion, to prevent nuisance, and to preserve the property rights of the shoreline property owners. The boundaries of the Water Protection District shall include all lands within 250 feet from the mean watermark of the Winooski River and the Lamoille River.

(2) Municipal Plan. These regulations hereby implement the relevant provisions of the Town of Colchester adopted municipal plan and are in accord with the policies set forth therein.

(3) Permitted Uses. The following uses are permitted in the FEH in accordance with the provisions of this Section 7.04 and Table A-2, Dimensional Standards.

(a) Those uses which are permitted in the underlying zoning district.

(b) Piers, docks and other structures attached to the shore and extending beyond the mean water mark are exempt from these Regulations, provided that such piers, docks and other structures comply with all state and federal regulations pertaining to such encroachments and are not integrated with other structures regulated herein.

(c) Pumphouses designed and of a size for ordinary residential or seasonal camp use.

(d) Repair and reconstruction of existing residential structures including the installation of full basements.

(e) Enlargement of residential structures that does not increase the degree of encroachment within 100 feet from the mean water mark.

(f) Shore based facilities for pumping and/or disposing of wastes from boats (subject to applicable Town and State Health Regulations).

(g) Recreational uses such as picnic ground, parks, playgrounds, swimming areas (beaches), natural areas and hunting and fishing.

(h) Seawalls, retaining walls and similar structures detached from and not an integral part of a building.

(i) Paths, stairs and associated landings detached from and not an integral part of a building.

(j) Boat launching ramps.

(k) Fences.

(4) Area, Density, and Dimensional Requirements. In the FEH structures shall be subject to the following area, density and dimensional requirements:

(a) Except for those uses specified in Section 7.04E(3) all buildings and structures shall be setback 100 feet from the mean water mark.

(b) All buildings, structures, and lots shall comply with the minimum lot, dimensional, coverage, and height requirements of the underlying district.

(5) Additional Standards. In addition to the Site Plan, Conditional Use, Planned Unit Development criteria, all development in the FEH shall also be subject to the following standards:

(a) If piers, docks and other structures under Section 7.04(3)(b) are integrated with structures requiring approval hereunder, including but not limited to seawalls, retaining walls, stairs or landings, such integrated portions of the pier, dock or other structure under 7.04(3)(b) located landward of the mean water mark are subject to this Section 7.04(5).

(b) Existing natural shoreline vegetation should be incorporated into the project when reasonably possible. Native plants and wildlife habitat should be considered and preserved to the greatest extent possible. No more than 25% of existing trees one inch caliper or greater shall be removed along the shoreline for a distance of 100 ft from the mean water mark within a ten year period. The Development Review Board may permit up to 40% of existing trees of one inch caliper or greater to be removed if it is determined that the removal of the trees will not have adverse impact on shoreline stability and the character of the area. Removal of dead trees or trees of immediate threat to human safety as well as reasonable pruning of existing trees is permitted. Removal of more than 40% of existing trees may be approved by the Development Review Board in conjunction with a permitted or conditional use as stated herein.

(c) The proposal for filling, grading or erection of any structure within 100 ft. inland of the mean water mark shall require site plan review and approval by the Development Review Board per Article Eight and Section 2.13. Specifically exempt from this requirement shall be those uses listed in Section 7.04(3)(d), (e), (i), and (k).

(d) Requests for seawalls and similar structures under Section 7.04(3)(h) shall require site plan approval by the DRB as specified in Article Eight. In addition to the requirements of Section 7.04E(5), the DRB shall apply the following standards to the construction of seawalls and similar structures permitted under Section 7.04(3)(h):

i. The applicant shall prove the required need of said seawall or similar structure. Required needs include threat to personal property, excessive erosion, or imminent threat to water quality. Expansion of usable property shall not constitute need. All seawalls shall be constructed in a structurally sound manner fully complying with building codes in effect.

ii. The seawall or similar structure shall be designed by a Professional Engineer or Landscape Architect. Exceptions may be made by the Board where Bio-Engineered solutions are proposed.

iii. The seawall or similar structure shall, to the extent structurally feasible, follow the existing contour of the shoreline and be located along the toe of the slope minimizing backfill and land disturbance. The structure shall be scaled to meet the need and not larger than structurally required. The Shoreline Stabilization Handbook, as amended from time to time, shall be consulted for project design. Full design plans including a site plan with property boundary lines, contours including the 95 foot, 98 foot, and 102 foot elevations shall be submitted with the application including a scaled cross-section of the wall, descriptions of material to be used, a drainage plan, a construction access plan, and soil erosion / site stabilization plan. Existing conditions shall be documented through site plans as well as photographs of the site from the waterbody.

iv. Visually massive structures are discouraged. The project design should mitigate the visual impact of the structure as viewed from the water. To this end, terracing, landscape plantings, and other aesthetic measures should be integrated into the structural solution.

v. Whenever feasible, a coordinated solution to localized erosion problems should be taken amongst effected property owners.

(e) The review of any proposed construction of shore-based facilities shall consider the following:

i. Will not adversely affect water quality or be a source of nuisance by reason of noise or fumes.

ii. Will not interfere with or prevent use of adjacent shoreland property or its access to and from the water.

iii. Will be compatible with adjacent land uses.

iv. That necessary and adequate sanitary public utilities and parking facilities are available or will be made available.

v. Will not create an adverse vehicle traffic condition.

(f) Stairs shall be no more than 44 inches in width with associated platforms being no more than 44 inches in width and 48 inches in length. All stairs shall have a handrail on at least one side. Flexibility will be exercised with regard to the rise and run of stairs permitted under this section to accommodate pedestrian access yet minimize visibility from the lake and preservation of natural features. Paths shall not exceed 48” in width.

(g) All stairs and paths shall minimally disturb existing contours on the site and where possible follow existing contour lines. Stairs and paths shall make use of the natural vegetation and topography to blend with the shoreline. All stairs and paths shall be screened from the water body through the use of landscaping.

(h) The Department of Water Resources and the U.S. Army Corps of Engineers may be requested to review, comment on, or approve all applications for construction below the 98 foot elevation prior to issuance of a building permit for said construction. The Development Review Board and the Department of Planning and Zoning may utilize the recommendations of the Department of Water Resources and the U.S. Army Corps of Engineers in its decision whether or not to issue a building permit for said construction.

(i) Enlargement of a residential structure that increases encroachment within the 100 feet from the mean water mark shall demonstrate that said enlargement cannot reasonably be accomplished without further encroachment due to topography, shape of the lot, or interior floor plan layout. Enlargement that results in additional encroachment shall be adequately screened from the water body, shall make use of existing topography, shall utilize earth-tone colors, and shall make use of the natural vegetation and topography to blend with the shoreline.

(j) Legal encroachments per Section 7.04 shall not be subject to the time limits established under Section 2.12B(2).

(k) Requests for boat launching ramps under Section 7.04(3)(j) shall require site plan approval by the DRB as specified in Article Eight. In addition to the requirements of Section 7.04E(5)(a), (b), and (c), the DRB shall apply the standards of 7.04(5)(d)(ii)-(iv) to the construction of ramps.

7.05 Historic Preservation District/ HPD

7.05–A Purpose. To encourage the preservation and rehabilitation of historic structures within the Fort Ethan Allen National Register Historic District. Development should be sensitive to Colchester’s historic and archaeological sites and structures as these serve as visible reminders of the community’s past. Changes to historic structures should be sympathetic to the structure, and to the extent possible, in accordance with the Secretary of Interior’s Standards for the Treatment of Historic Properties.

7.05–B Municipal Plan. These regulations hereby implement the relevant provisions of the Town of Colchester adopted municipal plan and are in accord with the policies set forth therein.

7.05–C Permitted Uses. Those uses allowed as permitted uses in the underlying districts as specified in Table A-1 may be permitted in the HPD Overlay District in accordance with the provisions of Section 7.05 herein.

7.05–D Conditional Uses. Those uses allowed as conditional uses in the underlying zoning districts as specified in Table A-1 may be allowed in the HPD in accordance with the provisions of Section 7.05 and Article 8, Conditional Uses, herein.

7.05–E Area, Density, and Dimensional Requirements. In the HPD District, all structures shall be subject to the area, density and dimensional requirements of the underlying district and Table A-2, Dimensional Standards of these regulations with the following exceptions:

(1) The following exceptions to setbacks and lot coverages shall be permitted for lots that meet the following criteria: the lot was in existence prior to January 1, 1983, the proposed project meets or exceeds the minimum standards set forth below and in Section 7.05F herein, and no adverse effect to a National Register eligible or listed property is created by the project.

(a) Side and Rear Setbacks. Encroachment of a structure into a required side or rear setback may be approved by the Development Review Board subject to the provisions of Article 8, Conditional Uses, up to a distance equal to 50% of the side or rear setback requirement of the district, but in no event shall a structure have a side or rear setback of less than five (5) feet. In no case shall there be less than 10 feet between structures. In addition, the Development Review Board shall determine that the proposed encroachment will not have an undue adverse effect on:

i. views of adjoining and/or nearby properties;

ii. access to sunlight of adjoining and/or nearby properties;

iii. adequate on-site parking; and

iv. safety of adjoining and/or nearby property.

(b) Front Setbacks. Encroachment of a structure into a required front yard setback may be approved by the Development Review Board subject to the provisions of Article 8, Conditional Uses, up to the average front setback of principal structures on adjacent lots on the same street frontage, but in no event shall a structure have a front setback of less than five (5) feet. In no case shall there be less than 10 feet between structures. In addition, the Development Review Board shall determine that the proposed encroachment will not have an undue adverse effect on:

i. views of adjoining and/or nearby properties;

ii. access to sunlight of adjoining and/or nearby properties;

iii. adequate on-site parking; and

iv. safety of adjoining and/or nearby property.

(c) Processing of a Request. Any request under subsections (a) – (b) above to expand an existing structure, or place a new structure shall include the submission of survey data prepared by a licensed surveyor showing the location of affected property lines, existing and/or proposed structures, and any other information deemed necessary by the Administrative Officer.

(d) Lot Coverage. For lots that are five thousand (5,000) square feet or greater in size, but less than fifteen thousand (15,000) square feet, lot coverage may exceed the maximum allowed for the district up to a maximum of eighty percent (80%) for total lot coverage. For lots that are less than five thousand (5,000) square feet in size, lot coverage may exceed the maximum allowed for the district up to a maximum of ninety percent (90%) for total lot coverage.

7.05–F Additional Standards. In addition to the Site Plan, Conditional Use, Planned Unit Development criteria, all development requiring review by the Development Review Board in the HPD District shall also be subject to the following standards:

(1) The Board shall evaluate the historical, architectural, or cultural value of the building(s), structure(s), or site(s) and its relationship and contribution to the setting;

(2) The Board shall evaluate the compatibility of the proposed exterior design, arrangement, orientation, texture, and materials with the existing buildings or structures and its setting; or if new construction, compatibility with the surrounding area;

(3) The Board shall evaluate the scale and general size of the proposed building or structure in relation to existing surroundings, including consideration of such factors as the building's overall height, width, street frontage, number of stores, roof type, facade openings (windows, doors, etc.), and architectural details;

(4) The Board shall evaluate factors including open space, yards, off-street parking, screening, fencing, entrance drives, sidewalks, signs, lights, and/or any landscaping that might affect the character of any building within the Historic Preservation District, shall be considered as well as those factors which relate to the placement of a structure or group of structures which might affect the overall streetscape;

(5) The Board shall evaluate the impact the proposal will have on the surroundings, and the extent to which it will preserve and enhance the historic, architectural and cultural qualities of the Historic Preservation District, and the community. The Board shall be guided by the following:

(a) every reasonable effort shall be made to provide a compatible use which will require minimum alteration to the structure and its environment;

(b) rehabilitation or renovation work shall not destroy the distinguishing qualities or character of the structure and its environment. Historic material or architectural features should not be removed or altered;

(c) deteriorated architectural features should be repaired rather than replaced where ever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on physical or pictorial evidence rather than on conjectural designs or the availability of different architectural features from other buildings;

(d) changes which may have taken place in the course of time are evidence of the history and development of the structure and its environment, and these changes shall be recognized and respected;

(e) all structures are recognized as products of their own time. Alterations to reproduce an earlier period are discouraged;

(f) additions to existing structures are acceptable if such design, materials and construction are of quality and are compatible with the size, scale, material, and character of the neighborhood, structures, and its environment;

(g) whenever possible, new additions or alterations to structures shall be done in such a manner that if they were removed in the future, the essential form and integrity of the original structure would be unimpaired;

(h) every reasonable effort shall be made so that structures not be razed or demolished, in order to preserve the historic streetscape;

(i) new construction shall be sympathetic to architectural features and materials which are in keeping with the character of the historic buildings found within the Historic Preservation District. New structures should enhance, and maintain the integrity of the District and its structures.

7.06 Transfer of Development Rights District (TDRD)

7.06–A Purpose. The Town of Colchester hereby establishes Transferable Development Rights, in accordance with 24 V.S.A. Section 4423 of the Vermont Municipal and Regional Planning and Development Act, in order to protect the agricultural resources and open spaces of the town and to promote residential development in areas that are consistent with the goals of the town’s Municipal Plan. Transferable Development Rights are acquired in designated sending areas and applied in designated receiving areas in accordance with the procedures of this section.

7.06–C Sending Areas. Sending areas, or areas from which Transferable Development Rights may be acquired, shall include designated parcels within the Agricultural Mixed Use District (AMU).

(1) TDR Calculation. Development rights available for transfer to the receiving area shall be assigned at the rate of one (1) TDR for each sending unit used in the R1, R2, & R3 Districts and one-and-one-half (1.5) TDRs for each sending unit used in all other receiving districts.

(2) Permitted Uses After TDR Transfer. Permitted uses on property in the sending area from which development rights have been severed through execution of an easement agreement, per Section E herein, shall be limited to the following:

(a) Temporary Emergency, Construction and Repair Residences

(b) Commercial Greenhouse Operation

(c) Roadside stands for the sale of produce grown on the premises

(d) Stables and Arenas for Horses

(e) Agricultural Operation

(f) Silvicultural Operation

(g) Firewood Operation

(h) Privately owned facilities outdoor recreational facilities limited to paths and trails

(i) Publicly owned outdoor recreational facilities limited to paths and trails

7.06–D Receiving Areas. The receiving areas, or the areas within which Transferable Development Rights acquired in sending areas may be applied, shall consist of all land in the R1, R2, R3, GD1, GD2, GD3 and GD4 Zoning Districts.

(1) Existing Development Rights. In addition to transferable development rights acquired from sending areas, there shall also exist an inherent right to develop the receiving property under the normal density indicated in Table A-2.

(2) Permitted Uses. Uses permitted on land in the receiving area shall consist of those uses listed in Table A-1.

(3) TDR Usage Rates. Development may occur in conformance with the provisions of this section at the rate of one (1) Transferable Development Right for each one dwelling unit.

(4) Maximum Permitted Density. Transferable Development Rights acquired under this section may be applied to any property in the receiving area, with the exception of GD3 and GD4, up to a maximum of two times the normal density indicated in Table A-2. In the GD3 and GD4 receiving areas, the maximum density may be up to three times the normal density indicated in Table A-2 provided the criteria of Section 4.03E3 and Section 4.04E3 are met.

At any time prior to execution of a Deed of Transfer the landowner may revoke such easement by recording in the land records an agreement to that effect as signed by the Director of Planning and Zoning with a copy sent to the Colchester Assessor.

(2) Transfer of Transferable Development Rights. Transferable Development Rights may be transferred from one owner to another by execution and filing of a "Deed of Transfer" which shall include identification by number of the development units being transferred. Each transferred development unit shall create one (1) Transferable Development Right for use in the R1, R2, and R3 Districts or one-and-one-half (1.5) Transferable Development Rights for use in all other receiving districts. After execution of the Deed of Transfer by both the seller and the buyer of the Transferable Development Rights, the deed shall be filed in the Colchester land records and a copy sent to the Assessor.

(3) Use of Transferable Development Rights. All development applications utilizing Transferable Development Rights shall be reviewed under the same development review criteria used for other applications in the receiving district. As a condition of approval, the required Transferable Development Rights shall be permanently attached to the parcel of land being developed by executing and filing a "Document of Attachment" which:

(a) shall be executed by an individual who has clear ownership of both the receiving parcel and the Transferable Development Rights which are to be attached to the receiving parcel;

(b) shall identify by number the Transferable Development Rights to be attached, with reference to the book and page number in which the Easement Agreement which created them is recorded, and any Deeds of Transfer by which their ownership has been transferred; and

(c) shall be filed in the Colchester land records and a copy sent to the Assessor.

7.07 General Development One Commercial District/ GD1C

7.07–A Purpose. To limit high-volume commercial uses such as contractors’ yards, drive up, and gas stations within the General Development One District. Development within GD1C shall be subject to strict guidelines of General Development One.

7.07–B Municipal Plan. These regulations hereby implement the relevant provisions of the Town of Colchester adopted municipal plan and are in accord with the policies set forth therein.

7.07–C Permitted Uses. Those uses indicated in Table A-1 and approved pursuant to Article 8, and accessory uses to those uses. Any uses not listed in Table A-1 are prohibited. Items that are not customary as accessory uses to those listed in Table A-1 are prohibited.

7.07–D Conditional Uses. Those uses indicated in Table A-1 and approved pursuant to Article 8, and accessory uses to those uses. Any uses not listed in Table A-1 are prohibited. Items that are not customary as accessory uses to those listed in Table A-1 are prohibited.

7.07–E Area, Density, and Dimensional Requirements. In the GD1C District, all structures shall be subject to the area, density and dimensional requirements of the General Development One District as set forth in Section 4.01 and Table A-2, Dimensional Standards of these regulations.

7.07–F Additional Standards. In addition to the Site Plan, Conditional Use, Planned Unit Development criteria, all development in the GD1C District shall also be subject to the following standards:

(1) Multi-unit dwellings shall be subject to Planned Residential Development Review, as per Article 9.

(2) Residential units and commercial uses may be permitted to occupy the same building subject to the Conditional Use and Site Plan criteria and the following standards:

(a) The residential units shall have an entrance separate from the proposed commercial use.

(b) Multiple commercial uses within the building may be considered however the commercial uses shall not adversely affect the proposed residential units. Hours of operation of the commercial uses may be restricted to ensure no adverse effect to the residences.