Article 9: SUBDIVISION REVIEW

9.01 General Purpose.

It is the purpose of this Article to regulate subdivisions for the purpose of assuring orderly growth and coordinated development in the Town of Colchester and assure the comfort, convenience, safety, health and welfare of its citizens. Further, the review of subdivisions shall be based on the following broad considerations:

9.01–A     Conformity with, or implementation of, the Municipal Plan of the Town of Colchester.

9.01–B     Conformity and compatibility with other applicable bylaws, including but not limited to the Capital Budget and Program.

9.01–C     Recognition of a desirable relationship to the land form, topography, geology, natural drainage and surface water runoff, and to the ground water table.

9.01–D     Recognition of desirable standards of subdivision design including provision for safe and convenient pedestrian and vehicular traffic, and for suitable building sites for the land use(s) contemplated.

9.01–E     The provision of adequate safeguards to protect the general public from the hazards of flooding, fire, overcrowding, or other threats to public health or safety.

9.01–F      Provisions for the preservation, protection, and/or conservation of natural resources, such as land, air, vegetation, and water, upon which the continued prosperity, safety, health, and welfare of the community and surrounding region may depend.

9.01–G     Adequate provisions for the public facilities and services such as parks, open space, recreation areas, school sites, police and fire protection, off-street parking, water supply, sewage disposal, which are deemed necessary for general public and convenience.

9.01–H     Encouragement of variety, innovation, flexibility, and greater efficiency in the designing layout and use of land in planned unit developments and planned residential developments as provided under the Vermont Planning and Development Act (Title 24 V.S.A., Chapter 117), as amended.

9.02 Uses and Actions Subject to Subdivision Approval

9.02–A     Subdivision Approval Required.  Prior to the recording of a plat or the issuance of a building permit, final plat approval shall be required for the creation of any subdivisions or planned unit developments except as otherwise provided herein for boundary line adjustments (BLAs).

9.02–B     Boundary Line Adjustments. An application for lot line adjustment shall be a plat prepared by a Vermont licensed land surveyor and consented to by all involved land owners indicating all lots that are proposed to be modified as a result of the proposed lot line adjustment submitted to the Administrative Officer with a title block for date and signature of the Administrative Officer. The survey shall be sufficient to clearly indicate the area, metes, bounds, and ties of each of the affected lots. The survey shall include all structures and site improvements and delineate all building/structure setbacks, parcel ids, lot coverage, parking spaces, wells, and septic systems and any other details as may be specified by the Administrative Officer.  The Administrative Officer shall approve an application for a minor lot line adjustment, provided that the following criteria are met:

(1)     Documentation that the proposal is consistent with the State of Vermont Environmental Protection Rules Chapter 1;

(2)     The lots are of the same zoning;

(3)     No new lots are created through the adjustment;

(4)     The sale or exchange of parcels of land is between adjacent property owners;

(5)     The relocation of the lot-line does not result in the creation of a non-conforming lot, structure or use;

(6)     The proposed change does not violate any conditions imposed from prior municipal approvals; and

(7)     The title block includes the following text: “This is a boundary line adjustment, not a subdivision.  The Town does not confirm or attest to the accuracy of this document or related title issues.  Further subdivision requires approval by the Development Review Board.”

(8)     The application is authorized by the owners of all lots at issue.  For the purpose of this provision, “authorized” shall mean the actual signature of the affected property owners.

9.03 Approval of Subdivisions by Development Review Board

9.03–A     Authority.  Per 24 V.S.A. Sections 4417 & 4418, The Development Review Board (DRB) shall have the authority to review and approve, approve with modifications, or disprove plans for subdivision and/or planned unit development prepared to the specifications set forth in this Article.

9.03–B     Review Period.  Where subdivision review by the DRB is required, the DRB shall act on any such subdivision within the time required by 24 V.S.A. Section 4464.  Failure to act within said period shall be deemed approval.  Copies of the DRB’s decision, referred to as the findings of fact and order, shall be sent to the applicant.

9.03–C     Combined Decision for Site Plan or Conditional Use.  Where a site plan or conditional use permit is required, the DRB shall make the determination on the permits and shall issues one (1) set of findings of fact and order pertaining to all permits.

9.03–D     Acceptance of Streets.  The approval of a final plat or the filing for record thereof shall not constitute or be evidence of an acceptance of any street, park or other open space shown on such plan. Such acceptance shall be by resolution of the Selectboard which shall set forth the fact of such acceptance for public purposes, describing the same by reference to a warranty deed dedicating the site thereof to the Town free and clear of all liens and encumbrances.

9.04 Application, Review and Approval Procedure

9.04–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 (TRC) is required or recommended for the project.  A TRC is required prior to sketch submittal for all major subdivisions and prior to final plat submittal for all combined preliminary and final plat hearings.  If the Administrative Officer determines that a Committee meeting is required or 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 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 subdivision application.

9.04–B     Submission. A subdivision plan generally shall be prepared by a licensed land surveyor, licensed engineer, or professional land planner. The plan shall be submitted to the DRB for approval. Preliminary and final plat applications shall be accompanied by a plat (both existing and proposed) of the project prepared by a licensed land surveyor.

9.04–C     Fees. All submissions for subdivisions applications shall be accompanied by a fee as established by the Selectboard in Chapter Six and one half of the Colchester Code of Ordinances and amended from time to time. 

9.04–D     Sketch Plan Submittal. Any subdivider of land shall submit to the Development Review Board a sketch plan of the proposed subdivision.  The DRB will not issue findings on the sketch application however will provide feedback to the application as to whether the sketch plan meets the purposes of these Regulations and make specific suggestions to be incorporated by the applicant in subsequent submissions.  The sketch application and plans, drawn to scale, submitted shall comply with Appendix G herein.

9.04–F      Development Review Board Action.

(1)     The DRB shall review the subdivision application in accordance with 24 V.S.A. Section 4464. The DRB shall review the application against the subdivision criteria in this Article 9 and any other applicable standards in these Regulations. If the DRB determines that the subdivision application and supporting material fail to demonstrate compliance with applicable standards, it shall deny the subdivision. However, if it further determines that with a minor modification or modifications the subdivision 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 approved subdivision plans in digital format meeting the “Digital Format Requirements” in Appendix G. 

9.04–H     Expiration of Approval.

(1)     For minor subdivisions, the subdivider shall submit a final plat application within one year after the meeting on the sketch plan or the applicant shall resubmit the sketch plan prior to submitting the final plat application.

(2)     For major subdivisions, the subdivider shall submit a preliminary plat application within one year after the meeting on the sketch plan or the applicant shall resubmit the sketch plan prior to submitting the preliminary plat application.

(3)     For major subdivisions, the subdivider shall submit a final plat application within one year after approval of the preliminary plat application or the preliminary plat application shall become null and void.  

(4)     Development Review Board final plat approval shall expire if any of the following circumstances occur:

(a)     if such approved plat is not duly recorded in mylar form with the office of the Town Clerk within one hundred eighty (180) days from the date of the findings of fact and order signature.  Such plat shall be prepared by a licensed surveyor and shall comply with the requirements of the Vermont Statutes Annotated, as presently enacted or as hereinafter from time-to-time amended.  Plats shall be in mylar form with overall dimensions of 18” by 24” with two inches (2") outside of the borderlines on the left side for binding and a one-inch (1") margin outside the border along the remaining sides.  Such Mylar shall incorporate the following title block:

“Approved by Resolution of the Development Review Board of the Town of Colchester, Vermont on the ____ day of ________, 20_____, subject to the requirements and conditions of said Resolution.  Signed this ________day of ______, 20_____, by ________, Chairman or Clerk.”

(b)    Notwithstanding the rights afforded via section 4463 Title 24 VSA Chapter 117, approved major subdivisions shall be substantially constructed within three (3) years of the date of the findings of fact and order signature, or said approval shall become null and void.  The Board may consider at the time of final plat application, or under separate request prior to the three-year expiration, a phased completion schedule not to exceed ten (10) years, provided public improvements are proposed to be completed within the first three (3) years. 

9.04–I      Modifications.  Any modification to an approved final plat plan requires an application for amendment.  The DRB may require that the subdivider return to the sketch or preliminary plat stage of the approval process.  Minor amendments may be processed as a final plat application. No changes, erasures, modifications, or revision shall be made on any subdivision plat after approval has been given by the DRB and endorsed in writing on the plat, unless said plat is first resubmitted to the Board and the Board approves such modification.

9.04–J      Technical or Consultant Review. The DRB may require a subdivider to pay the costs and fees of an independent technical or legal review of the application, and its supporting documents, including required conveyancing and organizational documents. The DRB may table review of the application, or may withhold execution of the final approved plat pending receipt of an independent technical review.

9.04–K     Escrow Requirements. Prior to issuance of any permits, the subdivider shall furnish the Town with a suitable escrow account or letter of credit to guarantee the completion of all required landscaping, site restoration, and public improvements.  To this end, the subdivider shall also complete a Public Improvement Agreement acceptable to the Town Attorney prior to issuance of any permits.   The amount of such guarantee shall be 110% of the cost of the improvements as listed in the Public Improvement Agreement and approved by the Town Engineer.    The escrow account or letter of credit shall be sufficient to guarantee the improvements for a period of two (2) years following completion or acceptance of street, whichever is later.  In the case of landscaping, a Landscape Agreement shall be signed and the escrow account or letter of credit shall be 110% of the cost of landscaping and shall be sufficient to guarantee all planting for a period of two (2) years in accordance with Section 10.04 herein.  Once the landscaping or public improvements are installed or accepted, the amount bonded for may be reduced to 10% of the original amount. 

9.04–L      Certificate of Title.  The final plat application for a minor or major subdivision, shall be accompanied by a Certificate of Title showing clarity of suitable ownership of all property and easements to be dedicated or acquired by the Town, and said Certificate of Title shall be approved by the Town Attorney.  The Town Attorney shall require that the applicant shed liens or other encumbrances prior to acceptance by the Town.  Copies of all proposed deeds conveying property, easements, offers of dedication, or other assets to the Town shall be approved by the Town Attorney prior to issuance of any permits; all fees associated with such approval shall be paid by the applicant.  All such deeds must be accepted or refused by the Town prior to the release of any escrows or letters of credit or sections thereof.

9.04–M    Design Standards.  All required improvements shall be designed and installed in accordance with Chapter Fourteen of the Colchester Code of Ordinances (Public Works Standards) and Chapter Seven Colchester Code of Ordinances (Fire), these Regulations, and other applicable Town regulations and standards. Where the Director of Public Works concludes that conditions make it necessary or preferable to diverge from the Town’s standards and makes such a request to the Development Review Board, but not in any other circumstances, the DRB may approve a design, installation, or location of public improvements that does not meet the applicable standards of Chapter Fourteen of the Colchester Code of Ordinances  (Public Works Standards), Chapter 10 of the Colchester Code of Ordinances (Sewers), Chapter Fourteen of the Colchester Code of Ordinances.   Such requested modification(s) may or may not meet Chapter Fourteen of the Colchester Code of Ordinances (Public Works Standards).

9.04–N     Improvements to be Dedicated to the Town.  If it is determined upon inspection of the improvements that any of the required improvements have not been constructed in accordance with plans and specifications filed by the subdivider, the inspector shall report on his/her findings to the Administrative Officer.  The Administrative Officer shall then notify the subdivider, and if necessary, the bank or bonding company, and take all necessary steps to preserve the Town's rights under the bond, escrow or letter of credit.  The applicant shall be required to maintain all improvements and provide for snow removal on streets and sidewalks until acceptance of said improvements by the Town of Colchester.

9.05 Review Standards.

The following general criteria and standards shall be used by the DRB in reviewing applications for subdivision approval.  

9.05–A     Required Improvement List.  The following are required improvements: Monuments; lot markers; landscaping; water supply infrastructure as specified in the State of Vermont Environmental Protection Rules Chapter 1 and / or the Chapter Fourteen of the Colchester Code of Ordinances  (Public Works Standards) and / or septic and / or sewage infrastructure as specified in the State of Vermont Environmental Protection Rules Chapter 1  and / or Chapter Fourteen of the Colchester Code of Ordinances and / or Chapter 10 of the Colchester Code of Ordinance; roadways and associated improvements, such as but not limited to signage, as specified in Chapter Fourteen of the Colchester Code of Ordinances; street trees as specified in Chapter Fourteen of the Colchester Code of Ordinances; sidewalks and paths as specified in Chapter Fourteen of the Colchester Code of Ordinances; street lighting as specified in Chapter Fourteen of the Colchester Code of Ordinances; stormwater infrastructure as specified in Chapter Fourteen of the Colchester Code of Ordinances; fire hydrants as specified in Chapter Fourteen of the Colchester Code of Ordinances; other capital improvements as required by the Board.

9.05–B     Suitability of the Land. The DRB shall not approve an application if development is subject to adverse physical limitations which would be harmful to the safety, health and general welfare of the surrounding adjacent areas unless adequate methods to solve the physical limitations are established.  Land subject to periodic flooding, poor drainage, inadequate capability to withstand structures including streets, utilities and buildings, or other hazardous conditions shall not ordinarily be developed or subdivided.  The project shall not have an undue adverse effect on a National Register or National Register eligible historic site or a rare and irreplaceable natural area as defined by the Vermont Nongame and Natural Heritage Program.

9.05–C     Lot Layout. Lots shall be laid out in such a way that they can be developed in full compliance for lot size, frontage, density and all other requirements of the Development Regulations and giving consideration to topography, soils and drainage conditions.  Lot size, frontage, and buffer requirements may be waived or modified by the DRB for a planned unit development as defined herein.  Corner lots shall be of sufficient dimensions so that any structure placed thereon shall conform to the building setback line of each street.  Where possible the DRB shall encourage:

(1)     Maintaining contiguous tracts of open land with adjoining parcels;

(2)     Connections with and extend planned per the Official Map and existing road, sidewalk, path, and utility corridors;

(3)     Side lot lines shall generally form right angles to the road; and

(4)     Irregularly shaped lots shall not be created unless warranted by topography, surface waters, or to avoid fragmentation of significant natural or cultural features.

9.05–D     Building Envelopes. The Development Review Board may require the designation of building envelopes that limit the location of buildings, structures and parking areas to one or more portions of a subdivided lot.  The size and shape of each building envelope shall be established in accordance with these regulations.  The DRB may also require the identification of specific building footprints, if, in its judgment, such information is needed to determine conformance with these regulations.

9.05–E     Monuments and Lot Corner Markers. Permanent right-of-way monuments shall be set at all street intersections, and at all angles and curves or other critical points in street lines as will enable a land surveyor to correctly stake out any lot in the subdivision.  Each monument shall be a precast concrete post four inches by four inches (4" x 4") at the top by forty-eight inches (48”) long.  The top shall have a center mark which shall be the point of reference.  The monuments shall be set in place after all other street improvements are completed.  Lot corner markers shall be set at corners and angle points of all lots, plots, or parcels, and located in the ground to finished grade.

9.05–F      Energy Conservation. In order to conserve energy, all subdivisions should use the least areas of roadway and the least length of sewer, water and utility lines within environmentally and economically sound limits.  Buildings should be sited so as to take advantage of southeast, south, and southwest orientations where possible.  Landscaping should be effectively used for providing wind barriers and reducing heat loss and heat gain.  Cluster development (planned unit development) should be encouraged wherever feasible and in accordance with the Town Plan.

9.05–G     Water. The subdivider shall demonstrate to the satisfaction of the Development Review Board that adequate potable water exists on or off site to serve the proposed subdivision and:

(1)     The subdivider shall be responsible for installing water supply and/or distribution facilities in accordance with the State of Vermont Environmental Protection Rules Chapter 1, Chapter Fourteen of the Colchester Code of Ordinances (Public Works Standards), and standards of the Fire District or Water District having jurisdiction;

(2)     Source protection areas shall be designated on final plat plans.

9.05–H     Wastewater Disposal. The subdivider shall demonstrate to the satisfaction of the Development Review Board that wastewater collection and disposal capacity exist on or off site to serve the proposed subdivision.

(1)     Municipal Sewage.  For properties proposed to be serviced by municipal sewage, sewage infrastructure and / or facilities must be installed in accordance with the State of Vermont Environmental Protection Rules Chapter 1, Chapter Fourteen of the Colchester Code of Ordinances (Public Works Standards), and Chapter 10 of the Colchester Code of Ordinances.  Within designated sewer service areas, the subdivider may be required to provide improvements to facilitate future development.  The property owner shall be required to provide such pumping and other facilities as may be necessary. 

(2)     On-Site Septic. Installed septic facilities must be built in accordance with the State of Vermont Environmental Protection Rules Chapter 1.

9.05–I      Site Preservation and Landscaping. The development shall have adequate landscaping, screening and setbacks in regard to adjacent properties in accordance with Section 10.04 herein.

(1)     Existing Features. The preservation of site amenities, such as trees, brooks or drainage-ways, historic sites, and other features that are an asset to the site and/or community, shall be preserved insofar as possible through harmonious design and appropriate construction methods.  Floodplains District and Watercourse Protection District, as defined herein, and all other significant natural features shall be delineated and clearly marked with stakes and flagging or temporarily fenced before and during the excavation and construction phases of a subdivision.  These lands shall not be disturbed during construction.

(2)     Natural Cover. Land shall be subdivided and improved in reasonable conformity to existing topography in order to minimize grading, cut and fill, and retain, insofar as possible, the natural contours, limit storm water runoff, and conserve the natural cover and soil.  No topsoil, sand or gravel shall be removed from the subdivision for any other purpose than to meet construction needs of that particular subdivision.

(3)     Landscaping.  Subdivisions shall be adequately screened from view of adjacent roads and neighborhoods.  A sufficient mixture of deciduous and coniferous trees shall be provided.

9.05–J      Streets. Roadways and associated improvements, such as but not limited to signage, shall be required to service subdivisions as specified in Chapters Seven (Fire) and Fourteen (Public Works Standards) of the Colchester Code of Ordinances and Official Map.  Roadways shall include but shall not be limited to: street trees, sidewalks, paths, street lighting, stormwater infrastructure, fire hydrants, etc.

(1)     Arrangement - The arrangement of streets in the subdivision shall provide for the continuation of streets of adjoining subdivisions and for proper projection of streets through adjoining properties which are not yet subdivided, in order to make possible necessary fire protection, movement of traffic and construction or extension presently or when later required, of needed utilities and public services such as sewers, water and drainage facilities. To this end, the use of a grid or block pattern for streets is encouraged.  Streets in mixed-use growth centers should encourage an emphasis on pedestrian and bicycle traffic while providing accommodation for vehicular traffic.  Bicycle paths may connect mixed-use growth centers with other neighboring areas.  Pedestrian protection devices as provided by roadway geometry, signage, pavement markings, etc., should be encouraged to the extent permissible under the Colchester Code of Ordinances, Chapter 14, or as otherwise approved by the Department of Public Works.

(2)     Topography - Streets shall be logically related to the topography so as to produce usable lots, reasonable grades, and safe intersections in appropriate relation to the proposed use of the land to be served by such streets.  Adequate provisions shall be made to control the drainage of each street by an adequate storm water system, subject to the approval of the Town Engineer.

(3)     Street Names – All streets shall be named in accordance with the requirements of Chapter 17 of the Colchester Code of Ordinances. The subdivider may recommend proposed names to the Development Review Board.  The DRB, in consultation with the designated E911 coordinator, shall designate a name for a proposed road as part of its approval process. Streets shall be identified by the name on the proposed plat.

(4)     Design and layout of cul-de-sacs shall provide for possible future streets and extensions to other subdivisions or other properties not yet subdivided. Where provisions are made for the continuation of a street beyond the cul-de-sac for future road development, the land outside the normal street right-of-way may revert to the abutting property owners at such time as the street is continued beyond the cul-de-sac.

(5)     Where a private drive or road is proposed that has the potential to serve more than four units, provisions shall be made to accommodate for appropriate right-of-way and the drive or road so designed so as to facilitate the drive/road conversion to the appropriate public road standards as codified in Chapter Fourteen of the Colchester Code of Ordinances.

(6)     Where a subdivision borders an existing narrow road (below standards set herein) or when the Official Map or Municipal Plan indicates plans for realignment or widening of a road that would require use of some of the land in the subdivision, the subdivider may be required to show areas for widening or realigning such roads on the Plat, marked "Reserved for Road Realignment (or Widening) Purposes".  It shall be mandatory to indicate such reservation on the Plat when a proposed widening or realignment is shown on the Official Map.  Land reserved for such purposes shall not be counted in satisfying setback or yard or area requirements herein but shall be included to satisfy density requirements.

(7)     All proposed layouts and designs shall provide safe access to and for the traveling public at all times.

(8)     Where a subdivision abuts or contains an existing or proposed arterial or collector street, the DRB may require marginal access streets (street parallel to arterial or collector street providing access to adjacent lots), reverse frontage (that is frontage on a street other than the existing or proposed arterial or collector street) with screen planting contained in a non-access reservation along the rear property line, or such other treatments as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.

(9)     Where a tract is subdivided into lots at least twice as large as the minimum size required in the zoning district in which a subdivision is located, the DRB may require that streets and lots be laid out so to permit future development in accordance with the requirements contained in these Regulations.

(10)  The approval of the Subdivision Plat shall not be deemed to constitute or be evidence of any acceptance by the Town of any street, easement, offer of dedication, recreation area, or open space shown on such Subdivision Plat.

(11)  The number of dwelling units served by a project sharing a common single access to a public street or road shall not exceed fifty (50) units.

(12)  In no case shall a new public road be permitted where its principal access is from a private road unless that private road is upgraded to a public road in conformance with the Town of Colchester Code of Ordinance Chapter 14, Public Works Specifications and Standards roadway design standards as amended from time to time and duly accepted by the Colchester Selectboard.

9.05–K     Pedestrian Access. Permanent Pedestrian easements, up to twenty feet (20’) in width, may be required in order to facilitate pedestrian circulation within the subdivision, access to adjoining neighborhoods, public property, or community focal points such, but not limited to: parks, schools, shopping centers, centers of employment, and community recreation facilities, etc.

9.05–L      Utilities. All utilities shall be underground.  The subdivider shall coordinate subdivision design with the utility companies to insure adequate and suitable areas for underground installation, both for the proposed subdivision and areas adjacent to the subdivision.  Easements of sufficient width shall be provided in locations acceptable to the Town Engineer, so as to serve both the proposed subdivision and existing and anticipated development outside the subdivision.

9.05–M    Traffic. The development shall not cause unreasonable highway congestion or unsafe conditions with respect to use of the highways existing or proposed.  A traffic impact study may be required of the project in compliance with Chapter 14 of the Colchester Code of Ordinances at the request of the Town Engineer.

9.05–N     Stormwater & Erosion Control. All development shall be in conformance with Chapter Fourteen of the Colchester Code of Ordinances

9.05–O     Excavation and Grading. All excavating and filling required for construction of public improvements shall be as specified within Chapter Fourteen of the Colchester Code of Ordinances (Public Works Standards). No stumps, wood, roots, other fibrous materials or refuse shall be used as fill.  The DRB may require the developer to submit evidence of boring and/or other soil investigations to determine the depth, composition and stability of the subgrade of the project area.

9.05–P     Outdoor Lighting. Illumination of areas such as streets, sidewalks, private ways, parking areas, loading and unloading areas, principal entryways and/or other locations, shall be provided in accordance with Section 10.02 herein and Chapter Fourteen of the Colchester Code of Ordinances.  All proposed street lights within public rights-of-way shall be constructed so as to become the property of the Town upon acceptance of the street by the Colchester Selectboard.

9.05–Q     Municipal Facilities & Recreation Areas. Land shall be set aside for municipal and recreational purposes as deemed necessary by the DRB for compliance with the planned unit development regulations herein as well as compliance with the Official Map as noted in Section 2.02 herein.

9.05–R     Governmental Services.  The development shall provide for efficiency of allocation and distribution of street and public facility installation, construction, and maintenance.  The project shall not place an unreasonable burden on the ability of the municipality to provide municipal or governmental services, including educational services, and facilities. To this extent, cul-de-sacs are discouraged and connections to existing or planned development is required where-ever feasible.

9.05–S     Aesthetics.  The development shall not have an undue adverse effect on scenic or natural beauty of the area and aesthetics. The development shall be suitable for its surroundings as defined by the locations from which it can be viewed and the potential impact on open space.  The development shall not be out of character with its surroundings.  The development shall not significantly diminish the scenic qualities of the area.

9.05–T     Town Plan. Proposed subdivisions shall conform to the Town Plan and all bylaws of the Town herein.  The DRB may require reasonable modification or appropriate phasing of the proposed subdivision.

9.05–U     Owners’ Association.  Where applicable, the DRB may require the creation of a suitable owners’ association to manage and maintain private infrastructure, including, but not limited to, private roads and streets, shared drinking water, shared wastewater, shared stormwater, common area maintenance, and other obligations to be shared amongst the lot owners; such mechanism shall be included in the deeds to the affected properties.  All proposed owners’ association documents must meet the approval of the Town Attorney. 

9.06 Integration of Procedures

9.06–A     General. There may be applications where the particular circumstances of a proposed development require compliance with other procedures in these regulations, such as site plan permit or conditional use review. In such cases, the DRB shall integrate subdivision review as required by this article with the other procedural and/or submission requirements per 24 V.S.A. Section 4462. To the extent that subdivision review criteria may be duplicative with other review criteria such as site plan criteria, the criteria may be cross-referenced.  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.

9.07 Planned Unit Development

9.07–A     Purpose. In accordance with the provisions of 24 V.S.A., Sec. 4417 Planned Unit Developments are designated by these Regulations to enable and encourage flexibility of design and development of land as a single entity for a variety of uses; the plan of which does not correspond to minimum dimensional requirements of the zoning district being considered.  Development shall be designed in such a manner as to promote the most appropriate use of land, to preserve and maintain agricultural and forestry lands, to facilitate the adequate and economical provisions of streets and utilities, to encourage efficient construction, and to preserve the natural and scenic qualities of the open lands of the Town.

9.07–B     Review and Approvals.  Planned Unit Development proposals requiring any extensions of public infrastructure and/or containing five or more lots/units shall be reviewed and evaluated as major subdivisions.  In addition, any dimensional modifications of the applicable Development Regulations under consideration as Planned Unit Developments shall be evaluated in accordance with the following general and specific standards herein.

9.07–C     General Standards.

(1)     A Planned Unit Development (PUD) may include commercial and industrial uses, or residential and commercial uses, but shall not combine residential and non-compatible uses such as industrial uses.  A Planned Unit Development may include a Planned Residential Development component.

(2)     A Planned Residential Development is a PUD exclusively for residential development.

(3)     Minimum total area of development shall be one and one-half acres. 

(4)     The overall density allowable for the proposal shall be the same as for the land in the underlying district.  Additional residential units achieved through density bonuses and transfer of development rights shall be exempt from this provision

(5)     The proposal shall be an effective and unified treatment of the development possibilities on the project site, and the proposed development plan shall make appropriate provision for the preservation of streams and stream banks, steep slopes, Class II and III wetlands, floodplains, forested areas, agricultural land, and unique, natural and manmade features.

(6)     The proposal shall be consistent with the Town’s Municipal Plan and all applicable Bylaws, Regulations, and Ordinances.

(7)     The proposal shall provide for the preservation of open space and/or agricultural, forestry, natural resource, or habitat lands. 

(8)     Buffer strip - The DRB shall require provision of a buffer zone feet at the perimeter of the Planned Unit Development within Residential Districts in accordance with Table 9.07D(2)(a) excepting front yards.  The buffer zone must be kept free of buildings and structures and must be landscaped, screened, or protected by natural features so that adverse effects on surrounding areas are minimized.  All road and driveway connections shall be located so as to be outside the buffer, however a singular crossing for a road, driveway, or other utility access is allowed without the need for a PUD Buffer amendment.  Multiple buffer crossings or other road/drive buffer reductions may be considered by the DRB under these standards. The presence of existing structures within a proposed PUD buffer does not count as an intrusion requiring the applicant request a modification of the buffer.  Utility and wastewater systems are considered intrusions into the buffer for which a modification must be requested.  Recreational paths and amenities as well as walls and fencing may be located within the buffer without counting as an intrusion.

(9)     A plan shall be submitted to the Development Review Board (DRB) with a preliminary subdivision plat application showing the location, height and space of buildings, open spaces and their landscaping, streets, driveways and off‑street parking spaces and all other physical features accompanied by a statement setting forth the nature of all proposed modifications of the area and dimensional requirements of the applicable Development Regulations.

9.07–D     Specific Standards.

(1)     In a PUD the Development Review Board may, at its discretion, amend the requirements of the Dimensional Standards listed in Table A-2 provided the DRB determines that the request is in accordance with Table 9.7D(1)(a).

(2)     In a PUD, the DRB may, at its discretion, permit reductions of the width of the buffer strip as set forth herein. In doing so the DRB shall find that the proposed landscaping and/or fencing to be provided in accordance with the table below will offer equivalent screening of the noise, light, and visual impacts of the new development.  Supplemental plantings are not to be imposed unless a reduction in buffer is requested. The following conditions shall govern any modification of the PUD Buffer:

(3)     Lot size and dimensional requirements:

(a)     Within a PUD the DRB may waive the minimum lot sizes requirements if the project is consistent with the Town’s Municipal Plan and Chapters Seven and Eight of the Colchester Code of Ordinances.

(b)    A lot less than 10,000 sq. ft. shall only be allowed as a footprint lot as defined herein.

(c)     Footprint lots shall be adequately sized so as to contain a building and all expected appurtenances such as stairs, patios, egress windows, bulkheads, decks, HVAC units, etc.

(d)    A footprint lot may only bisect a building where there is a clear structural separation such as a fire wall as provided for in Chapter Four of the Colchester Code of Ordinances and the State of Vermont Fire & Building Safety Code, and which meets all applicable Town and State building code standards.

(e)     Footprint lots shall not extend more than two feet beyond the building.

(4)     Open Space. Open space or common land shall be set aside and made a part of any PUD subject to the below listed specific requirements:

(a)     The DRB shall require a portion of the development parcel to be designated as open space except for those properties under three acres or five units in size, or properties located within the GD, COM, BD, and IND districts, as these districts are currently designated for dense commercial or mixed use.  For projects 3-5 acres, up to 25% of the site may be required. For projects over 5 acres but less than 50 acres, a minimum of 25% of the site will be required to be open space. For sites over 50 acres, the DRB may reduce the required open space to less than 25% of the site but no less than 15% of the site.

(b)    Open space land may, at the discretion of the DRB, be utilized fully or partially as informal recreational areas. Active recreational amenities may be located on an open space lot but shall not count toward the required open space area. In GD Districts structured recreational areas such as parks are encouraged.  In all other districts, the majority of the open space should be open and devoid of significant structural improvements.

(c)     In delineating proposed open space, applicants shall be guided by the Colchester Open Space Plan, as amended from time to time, the Municipal Plan, and the standards herein.  Wherever feasible, the open space shall be contiguous to other open space on adjacent lots and contain natural resources as identified in the Open Space Plan. All unbuildable areas (surface waters, floodplains, wetlands and steep slopes) should be included in the designated open space.   Open space should adjoin the largest practicable number of lots or units within the development and pedestrian access to the open space lot shall be provided for use by all lots or units within the development.  No open space lot shall have a length to width ratio of greater than 4:1 or be less than 60 feet in width.  Open space within a PUD buffer, not in common ownership, shall not count toward the open space area.

(d)    Plans for development of recreational areas must be presented simultaneously with the presentation of all plans for development.

(e)     Development of the open space will either be completed prior to the conveyance of lots, units, or dwelling units or an escrow or performance bond shall be posted with the Town to insure completion of the development of the open space within a period of time stipulated by the DRB.

(f)     Open Space and Recreational Amenities should generally be placed on its own lot and shall always be collectively owned and accessible to the lot and/or unit owners of the project.  The cost and responsibility of maintaining recreational amenities or open space shall be borne by a community association such as a homeowners’ association.  The applicant shall, at the time of preliminary plat application, provide draft legal documents for review and approval by the Town’s Attorney providing for the upkeep of amenities or open space in perpetuity by a homeowners’ association or similar association.  Such mechanisms may include but shall not be limited to: dedication of development rights, conservation easements, homeowner’s associations, and restrictive covenants or other appropriate grants or restrictions. Further subdivision of residual land shall be prohibited.

(g)    Open space for purposes of protecting natural or archaeological resources or for agricultural or forestry purposes shall be given preference over open space preserved for purposes of recreational or other uses.

(5)     Recreational Amenities. Informal recreation amenities as defined by this ordinance shall be provided for projects resulting in five or more new units or lots with sites larger than 3 acres (except for non-residential projects). Any project involving 50 or more new units shall be required to provide an active recreational amenity as defined by this ordinance.

(6)     Varied types of dwellings (single, duplex, and multi-unit) attached and detached are encouraged within a PUD.  Varied yet complementary types of architectural style, construction, lot sizes, building material, and exterior colors are strongly encouraged. Identical replication of structures, textures and color is strongly discouraged.

(7)     Congregate Housing Density.  In recognition of the special needs and limited impact of “Congregate Housing”, as defined herein, the DRB may approve multi-unit dwellings with density up to four times that otherwise allowed in GD-1, GD-2, GD-3, or GD-4 Districts as a permitted use subject to PUD standards and review. To qualify for the density bonus, a development must meet the following criteria:            

(a)     The development must constitute “Congregate Housing”, as defined in Article 12 of this Development Regulation.  This definition includes the requirement that at least 90 percent of all occupied units in such a project must be occupied by persons aged 55 or older

(b)    The project applicant shall record a “Congregate Housing Compliance Agreement” to the satisfaction of the Town Attorney which:

                                          i.  makes clear the occupancy restrictions herein and which outlines age verification procedures;

                                        ii. demonstrates the provision for and continued maintenance of significant facilities and services as outlined herein;

                                       iii. The “Congregate Housing Compliance Agreement” shall be referenced in the executed declaration of covenants;

                                       iv. Language shall be included in this and all covenants prohibiting changes to said document without prior written approval from the DRB

(c)     Significant facilities and services specifically designed to meet the physical or social needs of older persons may include:

·        Social and recreational programs designed for persons over the age of 55 years

·        Educational programs designed to serve the interests of persons over the age of 55 years

·        Information and counseling about services for persons over the age of 55 years

·        Emergency and preventative health care services

·        Accommodations for public and private transportation services within the community and to social services, shops and so forth

·        Dining facilities for residents

(d)    Units are limited as follows:

                                          i. A maximum of two (2) bedrooms per unit;

                                        ii. A maximum of 800 square feet per unit.

The project must be served by municipal sewer, municipal water and by public transportation or other equivalent transportation alternatives to be approved by Staff.