Section 540 - Conditional Review Process


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Middlebury Zoning and Subdivision Regulations Relating to Water Resource Protection

Section 540

Conditional Review Process


Natural Resources.

The project shall not have an undue adverse effect on:

Agricultural lands and farms;

Rivers and streams;

Wetlands and wildlife habitat;

Water and air quality; and

Water supply wells and aquifers;

The DRB shall consider the intrinsic capability and appropriateness of the
land to support the use described in the application. Where applicable, the
DRB shall
utilize Act 250 standards and State Agency of Natural Resources
(ANR) information and regulatory framework. The DRB shall also consider
input from any area Land Trust, and existing studies of resources including
but not limited to the LESA study of agricu
ltural lands, and the Town
Aquifer Study.

Section 571

General Standards (Subdivision and PUD Standards)


Landscaping & Screening

The DRB may require the plans to show preservation, planting
and/or maintenance of trees, hedges, ground cover and other vegetation in one or more areas
of land to be su
bdivided, in accordance with these regulations and to:


provide for stormwater infiltration and management;

Section 574

Stormwater Management & Erosion Control


The DRB may require
such temporary and permanent stormwater management and erosion
control measures as may be necessary to control surface runoff, sedimentation and water
pollution on
site and downstream from the proposed subdivision or PUD. Factors to be
considered in determ
ining the types of controls necessary shall include pre
development site
and runoff conditions, vegetation and ground cover, slope and drainage patterns, soil types,
the percentage of land covered in impermeable surfaces, types of pollutants generated,
tances to streams and other surface waters, preservation of wetlands, and impact on
adjoining properties.


Land shall be subdivided and improved in reasonable conformity to existing topography in
order to minimize grading, cut and fill, and to retain,

insofar as possible, natural rolling
contours, native ground cover, and native soils. For effective stormwater management,

subdivision and/or site design and layout shall, to the extent feasible:


minimize lot frontage and setback distances, building
envelope and footprint
areas, in accordance with district standards and other applicable requirements;


minimize the length, width and paved area of roads, driveways and parking
areas, in accordance with applicable road and parking standards;


mize the impervious area connected directly to stormwater conveyance
systems (e.g., by draining such areas over stable, vegetated pervious areas);


incorporate landscaped areas to absorb stormwater runoff from adjoining
impervious surfaces (e.g., yard
areas, filter strips, and parking lot islands);


incorporate shared driveways and parking areas;


avoid or minimize the use of curbing and gutters;


maximize the use of pervious materials (e.g., for paths, spillover parking and


maintain natural vegetative cover and designated wetland, riparian and
shoreland buffers;


use vegetated, open channels to convey and treat stormwater, wherever possible;


incorporate naturally occurring ponding and drainage areas.


Best management practices (BMPs) as defined by the Vermont Agency of Natural
Resources, the U.S. Natural Resource Conservation Service or other accepted regulat
authority shall be used to:


minimize stormwater runoff;


maximize on
site infiltration;


encourage natural filtration functions;


incorporate and/or simulate natural drainage systems; and


minimize the discharge of pollutants to ground and surface wat

Best management practices may consist of one or more structural and/or nonstructural
techniques, including but not limited to: vegetated buffers and filter strips, grassed or
lined swales, retention basins, recharge trenches, constructed wetlands, an
d bioretention
and filtration facilities, but should be appropriate for site conditions and the intended
pattern and density of development.


Control of stormwater

runoff flows from all impervious surfaces shall be accomplished by
limiting the post
development peak discharge rate from the subdivision so that it does not

exceed the pre
development peak discharge rate from the site for a 2
year, 24 hour event.
nal control of treated stormwater (e.g., for 10

or 25
year or 100
year, 24 hour storm
events) may be required if site specific considerations warrant the attenuation of larger
storm events.


Stormwater facilities, including detention ponds, culverts a
nd ditches, shall be designed to
accommodate potential run
off from the entire upstream drainage area at full development,
as well as runoff resulting from the proposed subdivision, and should at minimum
accommodate a 25
year, 24
hour storm event.


e designation of on
site snow storage areas may be required as part of project design.
These areas shall not be located within wetland or surface water buffer areas, and shall be
contained in such a manner that runoff is managed through a detention or infi
ltration facility
or other best management practice that removes pollutants. An off
site storage area may be
approved if an appropriate site is available and secured for long
term use.


The DRB may request determination of the effect of the subdivisi
on on existing downstream
drainage capacity and facilities outside of the project area. Where the DRB anticipates that
increased runoff incident to the development may overload the capacity of the downstream
system or facility, it may require the applicant

to delay construction until adequate capacity
exists, or to contribute to capacity improvements to prevent such an overload.

VIII. If a subdivision will result in changes in flow type, flow channel changes, increased
stormwater discharge or flooding in

areas not owned or controlled by the applicant, the
applicant must secure easements for all areas of flow or flooding on affected properties.
Easements must extend up to, but need not include, the channel of any river or stream
accepting flow from the sub
division. Suitable land use restrictions must be included in
easements to prevent any activity that may interfere with drainage and stormwater


All areas exposed during construction shall be protected in accordance with standards of the
rmont Department of Environmental Conservation, the U.S. Natural Resource
Conservation Service or other appropriate regulatory body. Permanent vegetation and
erosion control measures shall be established according to a schedule to be included in the
and specifications. The DRB also may require the phasing of construction to reduce
the amount of land disturbed at any one time, and may stipulate deadlines for the installation
of temporary and permanent erosion control or stabilization measures.



DRB may require the preparation and implementation of stormwater management
and/or sedimentation and erosion control plans and associated analyses to ensure that site
improvements, including excavation, road and driveway construction and site clearing and

grading, shall not unduly impact neighboring properties or surface waters. Such plans, if
required, shall be prepared by a licensed Vermont engineer, and include provisions for the
inspection and long
term maintenance of stormwater management and erosion


Section 576

Roads & Pedestrian Access


Drainage & Stormwater

A stormwater drainage system shall be provided which is
designed to control and accomm
odate stormwater collected on all proposed roads and/or
parking areas in accordance with Section 574 of these regulations. Generally, roadbeds,
shoulders, ditches and culverts shall be designed and maintained in conformance with the
Vermont Better Backroad
s Manual, as most recently amended.

Section 577

Water Supply & Wastewater Disposal


Water Supply

Water supply systems shall be designed and built to meet all applicable state
and municipal requirements. There shall be no un
due burden upon existing water supplies
from the proposed water supply for the subdivision. The DRB may require evidence that
adequate water supply is available through an existing or proposed system prior to granting
final approval.


Wastewater Dispo
sal Capacity


The applicant shall demonstrate that soil conditions on
are adequate to accommodate the installation of a wastewater disposal system designed in
accordance with State requirements, and are of suff
icient capacity for the intended density
and types of use; or that an alternative, off
site disposal location, secured through an
easement or other form of legal conveyance, is similarly suitable and available. Subdivisions
involving an existing structure
shall provide documentation that any existing sewage
disposal system is adequate to meet the intended use of the site without adverse impact to
public health, safety or water supplies, and that either a suitable replacement area able to
accommodate a new s
ystem in accordance with State regulations is available, or that
adequate Town capacity is available and committed in a community system or wastewater
treatment facility.


Individual Systems

Individual on
te water and wastewater systems shall meet all State
requirements for design, installation and maintenance.


Connection to Existing System


Where conne
ction to an existing Town water or sewer
main is proposed, the developer shall provide engineering evidence as to the adequacy of
the Town systems to meet the needs of the proposed development. The developer will be
required to provide any mains, hydrants,

valves and vaults, manholes and such pumping and
other facilities as may be necessary, in accordance with Select Board

adopted standards
and specifications. The Town may require, at the applicant’s expense, independent
engineering review of plans and in
stallation. The developer may be required to provide
larger lines, pumping, storage and other facilities outside of the PUD or subdivision to serve
the project area, as directed by the Town Water and Sewer Commissioners (Select Board)
for such facilities
to become part of the Town systems for maintenance by the Town.


Community Systems

Proposed development may be serviced by private, community water
and/or wastewater

systems which shall be designed and installed in accordance with all
applicable municipal and state regulations and standards. The developer shall be responsible
for independent engineering review of plans and installation.


Section 660

Shorelands, Ripa
rian Buffers and Fluvial Erosion Hazard Areas


In order to protect water q
uality, prevent erosion, protect fish and wildlife habitat and


the natural beauty of shorelands and riparian buffer areas, there are hereby

established shoreland / riparian buffer protection areas abutting all rivers and year

flowing st
reams in Middlebury

as shown on the Town GIS maps. The

protection areas

shall extend back from the edge of a

river or stream as follows:


Along the Otter Creek, Middlebury River and Muddy Branch

(downstream from

Vt. 116 /

Case Street):


The protection / buffer areas shall be a minimum of 100 ft., or to the limit of a
flood hazard area where such limit is over 100 ft.
from the river bank;


Where embankments forming the edge of the flood h
azard area are 25% or

steeper in slope, the protection area shall extend to 100 ft. back from the top
of the embankment; and


To the limits of the Fluvial Erosion Hazard (FEH) zone that has been

prepared by the Agency of Natural Resources and acce
pted by the Select
Board, dated February 8, 2011 (see maps in appendix); hereby adopted by


Along all other streams shown on the Town GIS maps, the protection / buffer

areas shall

be the distances provided for the rear setback (see Sect
ion 620).


n the above
defined shoreland/
riparian buffer protection areas, the following

regulations shall apply:


Trees which provide shade and hold the soil on banks and other existing natural

vegetative growth shall not be removed
except that the Administrative Officer


permit specific removal of trees which are dead or which represent an

imminent threat

to the safety of people or structures, or other vegetative

modification / restoration projects as recommended the U.S
. Soil Conservation

Service or VT Agency of Natural Resources.


There shall be no dumping or filling, berming or dredging, in these areas.



Any land development or other changes in the Special Flood Hazard Areas (SFHA) shall

be subje
ct to Section 670. Any land development outside of the SHFA but in the FEH

shall be subject to the following:


New structures or additions shall not exceed 600 sq ft in net additional coverage
of the lot, cumulatively from the effective date hereof (January 9, 2013).


New structures shall be located within 50 feet of the existing primary building and
no close
r to the top of bank than the existing princ
ipal building


Development shall not increase the susceptibility of the subject property or other
properties to fluvial erosion damage.


Development shall not increase the potential of materials
to be

wept onto other
lands or into the stream that would cause damage to other properties from fluvial


Development shall not cause an undue burden on emergency service providers
during and after fluvial erosion events.


This section shall not
apply to existing agricultural fields, nor to the CBD or to bridges or
Town water or sewer facilities, or other utilities which must cross the river or stream.
Also, this section shall not apply to Planned Unit Developments in the VRC where the
ts of paragraph II

above would be inconsistent with DRB required
improvements and public access to riparian or shoreland areas under Section 550



Subject to a determination that the purposes in Section 660 I will be satisfied, the

uirements of the subsections above may be waived or reduced, under the conditional

use review procedure in Section 540.

Section 665 Wetland Buffers


Wetlands are classified by the State of Vermont as Class I, II, or III wetlands. Setbacks from
class I a
nd II wetlands are regulated by the State and are 50’ from the delineated edge of the
wetland. For class III wetlands there is no State regulated setback at this time. Under Town
zoning the required setback for a class III wetland is 50’. If land develop
ment on property is
subject to State stormwater regulations, any lesser or greater setback / buffer provisions in the
State regulations shall apply in that instance.

Section 670

Special Flood Hazard Area Regulations

This section is roughly sixteen pages of regulations. In the interest of space, this can be
referenced in the ordinance itself.

Section 680

Aquifer/Wellhead Protection Areas

The Aquifer/Wellhead Protection Areas are the public water supply “Source Protection Area

Wellhead" areas for Middlebury and East Middlebury shown on the GIS map enacted as part
the Town Plan entitled “Middlebury’s Community Utilities and Educational Facilities”. The
areas are based on the public water supply Source Protection Plan Maps submitted to the VT
Agency of Natural Resources Water Supply Division Larger scale copies

of these maps may be
viewed in the Planning & Zoning Office. Within these areas, in addition to all other applicable
regulations, the following provisions shall apply:


Any use of land, change of use including but not limited to storage or handling of

chemicals, salt or other water soluble materials, or similar activities or other land
development which, in the opinion of the Administrative Officer, could have an adverse
effect upon the Town wells or the aquifer, shall be prohibited. The Admini
strative Officer
may reasonably require a property owner or other person responsible to furnish evidence
from a qualified hydrogeologist or engineer that any use or development will not post an
undue risk to drinking water supplies.


Any interested per
son may appeal any order or determination under this section to the DRB
as provided under Article X of this Ordinance.