Article 8: SITE PLAN AND CONDITIONAL USE REVIEW

8.01 General Purpose

It is the purpose of this Article to regulate site development plans in order that adequate light, air, convenience of access, and safety from fire, flood, and other danger may be secured; that congestion in the public streets may be lessened or avoided; that the public health, safety, and general public welfare may be promoted; and that the preservation of historic landmarks, sites, districts, and buildings be promoted. The site plan review process and the conditional use review process will allow the Town of Colchester to review the arrangement, layout, use interrelationships and neighborhood impacts of sites intended for development or redevelopment and to ensure the aesthetic quality of such design to conform to the character of the neighborhood and the goals of the municipal plan. In reviewing site plans and conditional uses, appropriate conditions and safeguards may be imposed with respect to the adequacy of pedestrian and vehicular access, circulation, parking, landscaping and screening, and to encourage the conservation of energy.

8.02 Definition of Site Plan

As used in this Article, the term site plan shall mean a rendering, drawing, or sketch prepared to specifications contained in this article. The site plan shall show the arrangement, layout, and design of the proposed use of a single parcel or assembled parcels of land.

8.03 Uses and Actions Subject to Site Plan Approval

8.03–A     Site Plan Approval Required. Site plan approval shall be required prior to issuance of a building permit in all districts, except as provided in subsection B, for:

(1)     Any new use, change in use, or expansion of use in any district.

(2)     Uses subject to conditional use permit approval. See Section 8.10 below.

(3)     Any alteration or change to an approved site plan.

(4)     New parking lots or expansions of existing parking lots.

(5)     Any structure formerly used as a residence proposed for conversion to non-residential use.

(6)     Notwithstanding subdivision approval, any planned unit development that denotes building footprints, parking, circulation, and other related amenities. See Article 9, Planned Unit Development, for specific PUD regulations.

(7)     Seawalls, fill in excess of 100 cubic yards, and any other special circumstance specifically requiring site plan approval herein listed in the Development Regulations.

(8)     Accessory on-farm business.

8.03–B     Excluded from Site Plan Review. Specifically excluded from the provisions of this article are:

(1)     Single-unit dwelling on a single lot, its accessory structures, and related features such as decks, pools, sheds, and detached garages.

(2)     Duplex dwelling on a single lot, its accessory structures, and related features such as decks, pools, sheds, and detached garages.

(3)     Per 24 V.S.A. Section 4413 agricultural and horticultural uses.

(4)     Per 24 V.S.A. Section 4413 forestry uses and accepted silvicultural practices as defined by the Vermont Commissioner of Forests, Parks, and Recreation.

(5)     Repair and replacement of existing driveways, curb cuts, aprons, and sidewalks.

(6)     Repairs to existing swimming pools.

(7)     Fences and walls as provided in these Development Regulations.

(8)     Repair and replacement of interior amenities (such as carpeting) that are one hundred percent (100%) internal to an existing building or structure.

(9)     Exterior renovations to an existing building or structure that do not increase, alter or otherwise modify the outer envelope of said building or structure or in any way alter the building from its duly permitted Town approvals, except in Historic Preservation District (see Article 7).

(10)  Interior renovations to an existing building that do not increase or alter the use or otherwise increase parking needs, wastewater or water requirements, vehicle trip ends, or otherwise modify the use of the property so as to violate the previously approved site plan for the property.  This shall include amendments to cumulative impact statements for the changing of tenants.

8.04 Approval of Site Plans by Development Review Board

8.04–A     Authority. Per 24 V.S.A Section 4416, the Development Review Board (DRB) shall have the authority to review and approve, approve with modifications, or disapprove site plans prepared to the specifications set forth in this Article, except as provided for administrative site plan reviews.

8.04–B     Review Period. Where site plan review by the DRB or Administrative Officer is required, the DRB or the Administrative Officer shall act to approve or disapprove any such site plans within the time required by 24 V.S.A. Section 4464. Failure to so act within said period shall be deemed approval. Copies of the DRB or Administrative Officer’s decision, referred to as the findings of fact and order, shall be sent to the applicant.

8.04–C     Combined Decision for Conditional Uses. Where a conditional use permit is required, the DRB shall make the determination on the conditional use permit and on the site plan permit required for the conditional use and shall issue one (1) set of findings of fact pertaining to both.

8.05 Application, Review, and Approval Procedure

8.05–A     Pre-Submission (Technical Review Committee). Prior to a formal submission, the applicant should contact the Administrative Officer to inquire as to whether or not a Technical Review Committee is recommended for the project.  If the Administrative Officer determines that a Committee meeting is recommended, the Officer may setup a meeting with appropriate Town officials and the applicant to discuss the proposed site plan. The intent of such a conference is to enable the applicant to inform the Department of Planning and Zoning of the proposal prior to the preparation of a detailed site plan and for said Department to review the basic site design concept, advise the applicant as to potential problems and concerns, and to determine generally the type of information to be shown on and submitted with the site plan.

8.05–B     Submission. A site plan generally shall be prepared by a registered architect, licensed landscape architect, licensed land surveyor, licensed engineer, or professional land planner. The site plan shall be submitted to the DRB for approval.

8.05–C     Fees. All submissions for site plan approval shall be accompanied by a fee as established by the Selectboard in Chapter Six of the Colchester Code of Ordinances and amended from time to time. 

8.05–D     Application for Site Plan.

The land owner and, where applicable, building owner of the property shall sign the permit application or a letter of agency shall be submitted with the application demonstrating that the applicant may sign on the behalf of the owner(s). A digital copy of a site plan application and sets of plans drawn to scale in accordance with Appendix G herein.

8.05–E     Reserved

8.05–F      Development Review Board Action.

(1)     The DRB shall review the site plan application in accordance with 24 V.S.A. Section 4464. The DRB shall review the application against the site plan criteria in this Article 8 and any other applicable standards in these Regulations. If the DRB determines that the site plan and supporting material fail to demonstrate compliance with applicable standards, it shall deny the site plan. However, if it further determines that with a minor modification or modifications the site plan and supporting material would comply with applicable standards, the DRB may, in its discretion, impose a condition or conditions requiring such modification or modifications and approve the site plan. For the purpose of this section, a minor modification is one that leaves no part of its implementation to the discretion of the applicant.

(2)     Upon approval, a copy of the DRB’s findings of fact and order shall be sent to the applicant and recorded in the Town Clerk's office.

(3)     Upon approval, the applicant shall provide a copy of the site plan in digital format meeting the Town of Colchester “Digital Format Requirements” in Appendix G. 

8.05–G     Reserved.

8.05–H     Expiration of Approval. Development Review Board approval of a site plan shall expire if any of the following circumstances occurs:

(1)     A complete application for a building permit is not submitted within twelve (12) months of the DRB approval, except where the phasing of development over a longer period has been specifically provided for in the findings of fact at the time of site plan approval.  The said twelve (12) month period shall be extended by any action caused by court proceedings.

(2)     Work authorized under a building permit is not commenced and diligently pursued through the completion of substantial construction within twelve (12) months of receiving a building permit.

(3)     Upon prior written request to the DRB, including a statement of justification for the requested time extension, the time period for obtaining a building permit may be individually extended for a maximum period of twelve (12) calendar months from the otherwise specified termination dates.

8.05–I      Field Changes and As-Built Plans

(1)     Field Changes

(a)     During construction, the Administrative Officer may authorize or require, at his/her own determination or upon the request of the applicant, minor adjustments to the approved site plan when such adjustments are necessary in light of technical or engineering considerations. Such minor adjustments shall be consistent with the spirit and intent of the approved site plan.

(b)    Where unforeseen conditions are encountered which require any material change to an approved site plan or where the developer wishes to modify the approved plan for other reasons, a site plan application shall be filed with the DRB or Administrative Officer for review in accordance with procedures required for the amendment of applications.

(2)     As-Built Plans

(a)     Upon completion of any development or redevelopment pursuant to an approved site plan involving field changes as set forth in (1) above, and prior to the issuance of a certificate of occupancy, the applicant shall submit to the Administrative Officer an as-built plan, prepared and certified by a licensed engineer, architect, landscape architect or surveyor, showing the location of all site improvements as constructed. Such plan shall be based on a field survey.

(b)    Said as-built plan shall be reviewed by the Administrative Officer to determine if it is in compliance with the approved site plan. The Administrative Officer shall specify its compliance with or variation from the approved site plan by signature and shall file a revised site plan in digital format meeting the Town of Colchester “Digital Format Requirements” in Appendix G. 

(c)     If variations from the approved final site plan exist, an amended site plan shall be filed with the DRB for review in accordance with the same procedures required for initial applications.

8.05–J      Technical Legal, or Consultant Review of Site Plans and Supporting Documents. The DRB may require an independent technical or legal review of the application.  The site plan review applicant shall pay for the cost of such review per Chapter Six and a Half of the Colchester Code of Ordinances. The Development Review Board may table review of the application pending receipt of an independent technical review.

8.05–K     Escrow Requirements. The owner or developer shall provide a suitable escrow account or letter of credit to guarantee the completion of all required landscaping, site restoration, and public improvements. In the case of public improvements, a Public Improvement Agreement shall be signed and the escrow account or letter of credit shall be sufficient to guarantee the improvements for a period of two (2) years following completion.  In the case of landscaping, a Landscape Agreement shall be signed and the escrow account or letter of credit shall be sufficient to guarantee all planting for a period of two (2) years.  Once the landscaping or public improvements are installed, the amount bonded for may be reduced to 10% of the original amount.  Agreements and escrows shall be submitted to the Town prior to issuance of a permit. 

8.06 General Review Standards

The following general criteria and standards shall be used by the DRB in reviewing applications for site plan approval. The criteria are intended to provide a framework within which the designer of the site development is free to exercise creativity, invention, and innovation while improving the visual appearance of the Town of Colchester. The DRB shall restrict itself to a reasonable, professional review, and, except as otherwise provided in the following subsections, the applicant shall retain full responsibility for design.

8.07 Specific Review Standards

8.07–A     The DRB shall consider the following in its review of a site plan application:

(1)     Will not result in undue water or air pollution.

(2)     Does have sufficient water available for the reasonably foreseeable needs of the subdivision or development.

(3)     Will not cause unreasonable soil erosion or reduction in the capacity of the land to hold water so that a dangerous or unhealthy condition may result.  See Section 2.13.

(4)     Will not cause unreasonable road congestion or unsafe conditions with respect to use of the roads existing or proposed.

(5)     The adequacy of landscaping, screening and setbacks in regard to adjacent properties.

(6)     Will not have an undue adverse effect on historic sites or rare and irreplaceable natural areas.

(7)     Will not have an undue adverse effect on scenic or natural beauty of the area and aesthetics. Please address the following:

(a)     Describe how the project is suitable for its surroundings, the locations from which it can be viewed and the potential impact on open space.

(b)    Does the project violate the Town’s Municipal Plan, Development Regulations, Town Official Map, Town Overlay Map, Chapter Four “Building Code and Building Construction Ordinance”, Seven “Fire Prevention and Protection”, Eight “On-Site Sewage Disposal Regulations”, Ten “Sewers”, or Fourteen “Construction Standards Applicable to Land Development” of the Colchester Code of Ordinances, or other applicable regulations intended to preserve the aesthetics or scenic beauty of the area?

(c)     Is the project out of character with its surroundings or does it significantly diminish the scenic qualities of the area?

(8)     Efficiency of allocation and distribution of street and public facility installation, construction and maintenance.

(9)     Will not place an unreasonable burden on the ability of the local government to provide municipal or governmental services and facilities.

(10)  Will not adversely affect the character of the area.

(11)  Conformance with the Town Municipal Plan.  Proposed site plans shall conform to the Town Municipal Plan and all bylaws of the Town including the Town Development Regulations and Town Official Map.

(12)  Landscaping and Screening Requirements. See Section 10.04 Landscaping, Screening, and Street Trees.

(13)  Off Street Parking, Loading, and Circulation Requirements.

(14)  Parking and Circulation. See Section 10.01 and Section 2.19.

(15)  Exterior Lighting. See Section 10.02 and Section 2.19.

(16)  Compliance with Article 10.

8.08 Integration of Procedures

8.08–A     General. There may be applications where the particular circumstances of a proposed development require compliance with other procedures in these regulations, such as conditional use permit review. In such cases, the DRB shall integrate site plan review as required by this article with the other procedural and/or submission requirements per 24 V.S.A. Section 4462. Such integration of procedures may require, upon mutual written consent of the DRB and the applicant, reasonable modification of the time schedules otherwise stated in this article or in said related regulations or requirements.

8.09 Administrative Review

8.09–A     Authority. The Department of Planning and Zoning is hereby authorized to conduct administrative review and approval of site plan applications for permitted uses, as provided below.

8.09–B     Determination of Eligibility. All determinations of eligibility for administrative review are subject to the discretion of the Director of Planning and Zoning. The Administrative Officer shall not approve administrative amendments to conditional uses or variances. The Administrative Officer may review, approve, approve with conditions, or deny administrative amendments to site plans involving a permitted use, and site plans of duly approved subdivisions, if the proposed amendment meets one or more of the following criteria:

(1)     Relocation of site improvements and/or accessory structures that have been previously approved provided that such relocations do not alter the approved coverage for the site.

(2)     Re-approval of plans if a permit issued by the DRB has expired within the preceding six months and no changes or alterations of any kind are proposed, including those outlined in (4) below.  The Administrative Officer shall only re-approve such plans once.

(3)     Approval of plans showing as-built adjustments beyond standard field adjustments, provided that such adjustments do not require the amendment of any condition of approval in the most recent findings of fact.

(4)     Minor alterations to an approved landscaping plan such as substitution of appropriate similar species or landscaping or hardscaping materials, provided that the total value of landscaping proposed in the amended plan is equal to or exceeds the amount approved by the DRB.

(5)     An increase in building area and/or impervious coverage totaling less than five thousand (5,000) square feet or three percent (3%) of the overall site coverage, whichever is smaller. Applicants are advised that the cumulative total increase in building area and/or site coverage cumulatively permitted through all administrative amendments on any one lot shall not exceed five thousand (5,000) square feet or three percent (3%) of the overall site coverage, whichever is smaller. DRB approval shall be required for any amendment exceeding these limits at any one time as well as for any property exceeding these limits cumulatively through this process over a five year period. 

(6)     All coverage and other limitations pursuant to these regulations shall apply in determining whether an administrative amendment shall be approved.

(7)     Changes in use of all or part of a building or structure with prior site plan approval to a permitted use in the applicable zoning district provided the proposed use, whether solely or in combination with other uses subject to the same approval, will not result in any permitting requirement or threshold being exceeded or violated.

(8)     The Administrative Officer may request permission from the DRB at a regular meeting to review a site plan application that does not meet the aforementioned criteria as an administrative review.

8.09–C     Reporting of Decisions. All administrative approvals shall be reported by the Administrative Officer to the DRB at its next meeting following the date of the approval, and all such decisions of the Administrative Officer shall state that the decision may be appealed in accordance with 24 V.S.A Section 4471.  The DRB reserves the right to review and issue supplementary Findings of Fact and Order within 15 days following the date of approval by the Administrative Officer.   An interested person may request the Board review the application within 15 days following the date of approval by the Administrative Officer. The decision granted by the Administrative Officer shall be sent to all abutters and interested persons.  If no interested person or majority of the DRB objects within 15 days following the date or approval by the Administrative Officer, the application shall be deemed approved.

8.10 Conditional Use Review

8.10–A     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.

8.10–B     Definition of Conditional Use. A conditional use shall be defined as a use permitted in a particular zoning district upon showing that such use in a specified location will comply with all the general and specific standards for the location or operation of the use as specified in these regulations and as authorized by the DRB. Uses requiring a conditional use permit are listed in Table A-1, Table of Uses. In granting approval for a conditional use, the DRB may attach such additional, reasonable conditions and safeguards as it may deem necessary to implement the purposes of these regulations.

8.10–C     Uses and Actions Subject to Conditional Use Review. Conditional use permit approval shall be required prior to issuance of a building permit in all districts where such uses are listed as conditional uses in the District Regulations. The land owner and, where applicable, building owner of the property shall sign the permit application or a letter of agency shall be submitted with the application demonstrating that the applicant may sign on the behalf of the owner(s).  Any alteration, extension or other change to an existing conditional use shall require review under the requirements of this section.

8.10–D     Review and Approval Procedure. Per 24 V.S.A Section 4414(3) a use designated as a conditional use in any district may be permitted by the DRB, after public notice and public hearing pursuant to 24 V.S.A. Section 4464, according to the following procedures:

(1)     Any conditional use is subject to site plan review and shall be reviewed under the requirements of Article 8, Site Plan and Conditional Use Review or if a PUD or within a PUD the use shall additionally be subject to the requirements of Article 9, Planned Unit Development.

(2)     The DRB may require submission of plans, data, or other information in addition to the requirements of Article 8, as it deems necessary.

(3)     The DRB shall act to approve or disapprove a requested conditional use within the time required in 24 V.S.A. Section 4464, and failure to so act shall be deemed approval.

(4)     In approving a conditional use, the DRB may attach additional requirements as it may deem necessary to implement the provisions of the Colchester Municipal Plan and these regulations.

(5)     The application and any supporting materials submitted shall be in digital format in accordance with Appendix G herein.

8.10–E     General Review Standards. The DRB shall review the proposed conditional use for compliance with all applicable standards as contained in these regulations including specifically Articles Two and Article 10 and Appendix G. The proposed conditional use shall meet the following standards:

(1)     The proposed use, in its location and operation, shall be consistent with the planned character of the area as defined by the Town of Colchester Municipal Plan.

(2)     The proposed use shall conform to the stated purpose of the district in which the proposed use is to be located.

(3)     The DRB shall take into consideration minimum lot size; size, design, and location of structures and service areas; and distance from adjacent or nearby uses.

(4)     The proposed use shall not result in an undue adverse effect on any of the following:

(a)     The capacity of existing or planned community facilities;

(b)    The character of the area affected as defined by the purpose or purposes of the zoning district within which the project is located and specifically stated policies and standards of the Municipal Plan;

(c)     Traffic on roads and highways in the vicinity;

(d)    Bylaws and ordinances in effect; or

(e)     Utilization of renewable energy resources.

(f)     Expiration of Conditional Use Permits. A conditional use permit shall expire if: 1) work authorized under the DRB approval is not commenced and diligently pursued within twelve (12) months of receiving DRB approval, or 2) the conditional use shall cease for more than six (6) months for any reason, unless an umbrella approval has been granted.