Chapter 28
SUBDIVISIONS¹

28-1 Authority; purpose; nonretroactive effect.

(a) Authority. The City of Burlington acting pursuant to the authority set forth in 24 V.S.A., Chapter 91 as amended, hereby adopts regulations governing the subdivision of lands within the City of Burlington, Vermont. These regulations shall be known as the City of Burlington Subdivision Regulations.

(b) Purpose. It is the intent and purpose of this chapter to encourage the appropriate development of all lands in a manner which will promote the public health, safety, morals, prosperity, comfort, convenience, efficiency, economy and general welfare; and to provide means and methods for the prevention, minimization and future elimination of land development problems which may presently exist or which may be foreseen. In addition, this chapter shall further the following specific aims:

(1) To create an optimum urban environment, to encourage a rational, convenient pattern of development and/or conservation, and appropriate design, and in particular to encourage and enhance the attractiveness of the Burlington scene.

(2) To protect public health by the reduction of noise, air and water pollution and other obnoxious physical influences.

(3) To protect the access to adequate light and air.

(4) To provide adequate access to public ways that will be safe and convenient for pedestrian and vehicular traffic.

(5) To implement the comprehensive master plan and to insure compliance with the applicable zoning bylaws.

(6) To secure adequate provisions for water, sewage drainage and other utility services; street lighting, fire and police protection, recreational and educational facilities and similar municipal services; and any other requirements where necessary in a subdivision.

(c) Nonretroactive effect. The provisions of this chapter shall not apply to any existing subdivision which has heretofore been approved by the planning commission and the plat thereof recorded pursuant to the provisions of the subdivision regulations of the City of Burlington adopted April, 1954, as amended. In the event any such subdivision plat has not been so recorded, the subdivision of said property shall be subject to the provisions hereof. No such prior approved subdivision shall be modified, changed or altered except by approval of the development review board in accordance with the provisions of this chapter.

(Ord. of 10-16-00)

28-2 Definitions.

Except as specifically defined in this section, words and phrases used in this chapter shall have their customary dictionary definitions unless the result would be entirely inconsistent with the context. The term "shall" is mandatory. Words used in the singular number include the plural and those used in the plural number include the singular. Words used in the present tense include the future.

(a) Administrative officer(s): The person or persons designated by the planning commission to receive and process applications under this chapter.

(b) Design review: Review of height, bulk, open space, massing, traffic access, circulation, parking, landscaping and all other architectural features by the design advisory board.

(c) Design advisory board: The board appointed by the legislative body to advise it in the fields of landscaping, architecture, engineering and other pertinent design criteria during review of subdivisions.

(d) Development review board or board: The City of Burlington Development Review Board. The board has seven (7) members and two (2) alternate members. The responsibilities of the board includes, but is not limited to, review of all development projects in the City of Burlington.

(e) Lot: A portion or parcel of real property distinguishable from other portions or parcels by deed, description or use, as on a subdivision plat, record or survey map, or as described by metes and bounds, or intended for transfer of ownership or for building development. For purposes of this chapter, the term does not include any portion of a dedicated right-of-way. With specific respect to residential development, each dwelling unit with associated accessory uses located on a separated land area from other dwelling units shall constitute a lot.

(f) Planned residential development: A subdivision developed as an entity with respect to which the development review board has approved modification of otherwise applicable zoning regulations, pursuant to the authority and limitations set forth in the comprehensive master plan and 24 V.S.A. 4407(3), as amended.

(g) Planning commission: The City of Burlington Planning Commission.

(h) Recreation land acquisition and improvement trust fund: A fund established by this chapter to be administered by the city council and used to acquire park and/or recreational property or to improve existing park and/or recreational facilities.

(i) Site plan review: Review of site plans in accordance with the authority, limitations and procedures set forth in the comprehensive master plan, 24 V.S.A. 4407(5) and the Burlington Zoning Regulations, all as amended.

(j) Street or alley: A strip of land, including the entire right-of-way, intended for use as a means of vehicular and pedestrian circulation. Streets shall be further classified as follows:

(1) Arterials: Limited access highways moving large volumes of traffic between major points within or outside of the city.

(2) Major streets: Interconnect the neighborhoods of the city, other adjacent communities and the downtown to the neighborhoods.

(3) Collector streets: Gather traffic from local streets and to feed it to major streets.

(4) Local streets: Streets used primarily for direct access to residential properties.

(5) Marginal access streets: Local streets which are parallel to and adjacent to arterial and major streets which provide access to abutting properties and protection from through traffic.

(6) Alleys: Ways which provide access to the back side of properties abutting on a street and used primarily for providing services to such properties.

(7) Cul-de-sac: The turn around at the dead end of a local street.

(k) Subdivider: A person, firm, corporation or any other entity having such proprietary interest in land to be subdivided as will authorize the maintenance of proceedings to subdivide such land under this chapter, or the authorized agent of such person, firm or corporation.

(l) Subdivision: All divisions of a tract or parcel of land into two (2) or more lots, residential, commercial or industrial building sites, or other divisions including without limitation, condominiums, cooperatives, apartment and multiple dwellings, to be constructed on more than one lot, for the purpose, whether immediate or future, of sale, lease, contract, legacy, or building development; all divisions of land involving the extension of water, sewer, or gas transmission lines; resubdivision. Where appropriate to the context, the term "subdivision" relates to the process of subdividing or to the land or area subdivided. The following are specifically not included within this definition:

(1) A combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to the standards of the city.

(2) A duplex unit or apartment structure to be constructed on a single lot and not as a part of a subdivision as above defined.

(m) Yard: All open space, other than an enclosed court, on the same lot with a building or group of buildings, which open space lies between such building(s) and a lot line. The width of the lot shall be measured at the building line. No building or other structure shall be erected unless in conformity with section 22, minimum lot requirements, of the Burlington Zoning Ordinance as amended [included herein as Appendix A], except that: eaves, sills, stoops, steps, roof overhang, cornices, belt cornices, fences or walls, and similar features may project into the specified yards. The open, unoccupied space extending across the full width of the lot and lying between the street line of the lot and the nearest line of the building. The depth of a front yard shall be the minimum distance between the building and front lot line, measured at right angles to the front line of the lot.

(1) Yard, rear: The open, unoccupied space extending across the full width of the lot and lying between the rear lot line of the nearest line of the building. The depth of a rear yard shall be the minimum distance between the building and rear lot line, measured at right angles to the rear line of the lot.

(2) Yard, side: The open, unoccupied space between the side lot line and the lot and the nearest line of the building, and extending from the front yard to the rear yard, or, in the absence of either of such yards, to the front or rear lot lines, as may be. The width of a side yard shall be the minimum distance between the building and the side lot line, measured at right angles to the side line of the lot.

(n) Zoning administrator: The official duly appointed to administer the zoning regulations.

(Ord. of 10-16-00)

28-3 Platting jurisdiction.

(a) Platting authority: The development review board shall be the official city platting authority, and no plat of a land subdivision shall be entitled to be recorded in the office of the city clerk unless it shall have the approval of the development review board inscribed thereon.

(b) Use of plat: The transfer of, sale of, agreement to sell, or negotiation to sell land by reference to or exhibition of, or other use of a plat of a subdivision that does not have final approval by the development review board inscribed thereon and is not recorded in the office of the city clerk is prohibited.

(c) Acceptance of streets: The city council has exclusive authority to accept streets. Upon the effective date of these regulations no city improvements or maintenance shall be authorized on any unaccepted streets except by resolution authority of such city council; or unless a performance bond as required herein has first been posted by a subdivider. A subdivider shall not lay out, open, improve, grade, pave or light any street unless such street corresponds to the street location shown on the approved final plat of such subdivision.

(d) Erection of buildings: No building permit shall be issued and no buildings shall be erected on any lot within a proposed subdivision unless and until the final subdivision plat has been recorded with the city clerk following approval by the development review board.

(Ord. of 10-16-00)

28-4 Preapplication conference.

Whenever a subdivision is proposed, the subdivider is urged to consult the administrative officer. The purpose hereof is to afford the subdivider an opportunity to consult early and informally with the administrative officer before preparation of the preliminary and/or final plats, in order to save time and expense, and to make the most of opportunities for desirable development. The subdivider may submit sketch plans and data showing existing conditions within the site and its vicinity and the proposed layout and development of the subdivision. No fee shall be charged for such preapplication review and no formal application shall be required.

(Ord. of 10-16-00)

28-5 Procedure for approval of preliminary plat.

(a) Application for preliminary plat approval: Whenever a subdivider desires review of a preliminary plat, he shall submit to the administrative officer the following items:

(1) A letter requesting review and approval of a preliminary plat, giving the names and addresses of those to whom notice of the public hearing by the development review board on preliminary plat shall be sent.

(2) Ten (10) copies of the preliminary plat.

(3) Filing fee: Every applicant, before being granted consideration hereunder, shall pay to the office of the development review board a filing fee in accordance with the current schedule of fees adopted by resolution of the city council. The fee is nonrefundable.

(b) Upon receipt of the ten (10) copies of the preliminary plat, the administrative officer shall date each copy and immediately distribute one copy to each of the following: city engineer, the director or superintendent of the department of public works, parks and electric departments; the chair or designated individual of the development review board, and the fire marshal. The administrative officer shall retain the other two (2) copies. The administrative officer shall also notify the school board and the city councilors serving the affected ward(s) of the pending development, its size, location and general character.

(c) Within fourteen (14) days of the submission of a preliminary plat, the development review board shall set the date of a public hearing thereon.

(d) Within one week following such public hearing the administrative officer shall call a meeting of affected city departments in order to facilitate review and coordination of the improvements required under this chapter. Representatives of state and private agencies may likewise be requested by the administrative officer to attend. Following such meeting, affected city departments shall make a written report to the administrative officer and the subdivider of all objections and the reasons therefor. The subdivider shall make written response to all such reports upon submission of his final plat.

(e) Preliminary plat specifications:

(1) Sheet size and scale: The preliminary plat shall be twenty-four (24) inches by thirty-six (36) inches outside dimension with a one-inch margin on three (3) sides and a two-inch margin on the left side. The plat shall be made on reproducible paper with pencil and shall be clearly and legibly drawn at a scale of one inch equals forty (40) feet. Larger sheet sizes will be allowed with approval of the administrative officer.

(2) The preliminary plat must show the following:

(A) Subdivision name or title, address, scale, north arrow indicating magnetic and true north, date and legend.

(B) Names and addresses and phone numbers of the subdivider, designer and other parties to the subdivision.

(C) Vicinity map, drawn at a scale of one inch equals six hundred (600) feet, showing boundary lines of adjoining developed and undeveloped land within an area bounded by nearest arterial streets or other natural boundaries; identifying type of use and ownership of surrounding land and showing alignments of existing streets.

(D) Total acreage of subdivision and number of lots proposed.

(E) Exact boundary lines of the tract by bearings and distances with such measurements tied into an existing reference point and the boundaries of contiguous properties.

(F) Location, widths, and names of all existing or previously platted streets, or other rights-of-way, parks, and other public open spaces, permanent buildings and structures, easements, and section and corporate lines within the tract and to a distance of one hundred (100) feet beyond the tract.

(G) Location and size of existing sewers, water mains, culverts, or other underground facilities within the tract and to a distance of one hundred (100) feet beyond the tract; also indicating such data as grade invert elevations, and locations of catch basins, manholes, and hydrants.

(H) Physical features such as water courses, marshes, rock outcrops, wooded areas and other significant features and soil boring data at locations and depths as may be reasonably required by the administrative officer or city engineer to carry out the purposes and intent of this chapter.

(I) Existing and proposed contours at vertical intervals of not more than five (5) feet with elevations indicated in feet above mean sea level except where the city engineer requires further delineation of the topography.

(J) Proposed layout including streets and alleys with proposed street names, lot lines with approximate dimensions, approximate location of proposed structures including public facilities and land to be reserved or dedicated for public uses. Where only a portion of a larger parcel is being subdivided, the development review board may require a complete plan of the entire parcel so as to examine the partial development to be sure it does not adversely affect the arrangement and continuity of the overall design. The general plan of the entire parcel shall indicate the types of land uses, densities and vehicular accessibility.

(K) Open space, systems of drainage, provisions for disposal of sewerage and water supply within the subdivision.

(L) Building types, approximate size and cost, if applicable.

(M) Proposed street tree planting including proposed species, size and spacing.

(N) Zoning districts of all areas shown on the plan.

(f) Notice of public hearing on preliminary plat: Within thirty-five (35) days of preliminary plat submission, a public hearing shall be held by the development review board. The public hearing shall be advertised in a local newspaper with general circulation throughout the city and notice shall be posted in one or more public places within the city at least fifteen (15) days prior to the hearing. Such notice shall describe the location of the proposed subdivision, the name of the subdivider and the time and place of the hearing. On the day of publication, a copy of said notice shall be sent by first class mail to the subdivider and to all owners of land abutting the proposed subdivision. Should the proposed subdivision be located within five hundred (500) feet of a municipal boundary, a copy of the notice shall be sent to the regional planning commission and to the clerk of the planning commission of the affected municipality at least fifteen (15) days prior to the hearing. Once convened, the development review board may recess such public hearing to be reconvened at a later date, time and place announced during said hearing without having to readvertise and repost notice of such recessed hearing. The development review board shall make a record of all comments presented at the public hearing. Such comments shall be considered by the development review board throughout the review process.

(g) Decision of the development review board on the preliminary plat: The development review board shall, within forty-five (45) days after the public hearing, approve with modification, approve or disapprove the preliminary plat. A notation of the action taken by the development review board shall be made on two (2) copies of the preliminary plat, one copy shall be returned to the subdivider and one copy retained for the records of the development review board. If decision on a preliminary plat is not made by the development review board within forty-five (45) days after the public hearing, the preliminary plat shall be considered approved and a certificate of approval shall be issued on demand. In the case of disapproval, a copy of the minutes of the meeting outlining the reasons for denial shall accompany the returned copy of the preliminary plat. The subdivider may then file a revised preliminary plat in accordance with subsection 28-5(a) upon payment of fifty (50) percent of the original filing fee as previously established. Approval of the preliminary plat shall not constitute approval of a final plat. It shall indicate only approval of the desired layout and serve as a guide to the preparation of the final plat. A preliminary plat for a specific area of land shall be valid, for a period of one year after the date of approval. The period of validity may be extended for an additional one year only if request for such extension has been approved by the development review board prior to the expiration of that year. No additional renewals shall be granted.

(h) For minor subdivisions, including those of ten (10) dwelling units or less, the applicant may request, and the development review board may so authorize, that the hearings on preliminary and final subdivision plats be combined into a single public hearing.

(Ord. of 10-16-00)

28-6 Procedure for approval of final plat and construction detail drawings.

(a) Application for approval of final plat: During such time that an approved preliminary plat remains effective, the subdivider may seek approval of his final plat by filing the following items with the administrative officer:

(1) A letter requesting review and approval of the final plat and giving the name and addresses of person(s) to whom notice of the hearing by the development review board thereon shall be sent.

(2) Ten (10) copies of the final plat, with one of such copies being the original drawn in black permanent and actinic inks on reproducible linen tracing cloth, one hundred (100) percent rag content linen record paper or three (3) to five (5) mil stable-base polyester film. Upon receipt of the plats, the administrative officer shall date each and distribute a copy to the city officials listed in subsection 28-5(b). At least two (2) copies shall be retained by the administrative officer.

(3) Ten (10) copies of construction detail drawings of the sewer, water and drainage systems, other underground utilities, surface improvements, street profiles and street cross-sections as specified in subsection 28-6(e). The administrative officer shall date each copy of such drawings and distribute a copy to the city engineer and the superintendent of each affected city department. Two (2) copies shall be reserved for use by private utilities and two (2) copies shall be retained by the administrative officer.

(b) Within fourteen (14) days of the submission of a final plat, the development review board shall set the date of a public hearing thereon.

(c) Legal data required: In addition to the items listed in subsection (a) hereof, the subdivider shall submit the following executed documents to the administrative officer at the time of application for approval of the final plat.

(1) Engineer’s certification as follows:


"It is hereby certified that this plat fully complies with all engineering requirements set forth in the subdivision regulations of the City of Burlington and all other engineering requirements of Burlington, Vermont."
By: _____________	Registered ________
	Seal ______________

(2) Surveyor’s certification as follows:


"It is hereby certified that this plat is true and correct and was prepared from an actual survey of the property by me or under my supervision; that all monuments shown hereon actually exist or are marked as "future," and their location, size, type and materials are correctly shown."
By: _____________	Registered ________
	Seal ______________

(3) Subdivider’s certification as follows:


State of Vermont, County of Chittenden, City of Burlington
"The owner of the land shown on this plat and whose name is subscribed hereto, in person or through a duly authorized agent, certifies that this plat was made from an actual survey, and that all taxes or other assessments now due on this land have been paid."
________________	________________
Agent	Owner
________________	________________
Date	Date

(4) Certificate of dedication: A certification by the subdivider setting forth the description of the areas and improvements he is dedicating to the public and the extent of the title which he is dedicating.

(5) Text of protective covenants whereby the subdivider proposes to regulate land use in the subdivision and otherwise protect the proposed development.

(6) Certificate of the city engineer, as follows:


"I, ____________, City Engineer, do hereby certify that the subject plat has been examined by me and found to comply with the engineering requirements set forth in the regulations governing plats of subdivided land adopted by the city council, with the following exceptions:"
	_______________
	City Engineer

(7) Certificate of the superintendent of parks as follows:


"I, ____________, Superintendent of Parks, do hereby certify that the subject plat has been examined by me and found to comply with the street planting requirements and park area requirements set forth in the regulations governing plats of subdivided land adopted by the city council, with the following exceptions:"
	__________________________
	City Superintendent of Parks

(8) Certificate of the fire marshal as follows:


"I, ____________, Fire Marshal, do hereby certify that the subject plat has been examined by me and found to comply with the fire prevention requirements set forth in this chapter governing plats of subdivided land adopted by the city council with the following exceptions:"
	_________________
	City Fire Marshal

(9) Any other certificate as may be reasonably required by the development review board to carry out the purpose and intent of these regulations.

Upon receipt, the administrative officer shall forward such documents to the city attorney who shall advise as to their form and legal sufficiency.

(d) Final plat specifications: The final plat shall be prepared by a registered professional engineer or land surveyor and shall be legibly drawn in permanent and actinic black inks upon linen tracing cloth or similar permanent material. The plan shall be at a scale of one inch equals forty feet (1"=40'). In addition such other scale as the board may require to show details clearly and adequately shall be included. Sheet sizes shall be twenty-four (24) inches by thirty-six (36) inches with one inch margins on three (3) sides and a two (2) inch margin on the side to be bound. If multiple sheets are used, they shall be accompanied by an index sheet referencing the entire final plat. The final plat shall contain all information required on the preliminary plat, updated and accurate, together with the following information:

(1) Existing and proposed lines of streets, ways, lots with areas of each, dimensions and areas of easements, parks and other property within the subdivision to be dedicated for public use.

(2) Location, width and final grade of proposed streets.

(3) Sufficient data including the length, radii and central angles of all curves to determine readily the location, bearing and length of every street and right-of-way, lot line and boundary line and to reproduce same on ground; all bearings to be referred to magnetic meridian. Wherever a boundary line of the subdivision is within five hundred (500) feet of a Vermont Coordinate Survey Monument, the survey of the subdivision shall be tied to said monument(s). The error of closure must not exceed one to fifteen thousand (15,000); traverse streets or a copy thereof showing error of closure of the field surveys and the calculations for final adjustment must be submitted to the office of the city engineer for approval.

(4) Location of all permanent monuments, properly identified as to whether existing or proposed. The distance and bearing to the nearest municipal, county or state monument on an accepted way and monuments at all points of curvature and changes in direction of street right-of-way lines or where designated by the city engineer.

(5) Location, names and present widths of streets bounding, approaching or within reasonable proximity of the subdivision and street lines of the access street leading from the subdivision to the nearest accepted public street.

(6) Lot numbers, proposed house numbers and areas of other adjoining land of applicant not included in subdivision.

(7) Minimum front and side street building setback lines shall be shown and dimensioned in accordance with the applicable zoning ordinance requirements.

(8) Subsurface conditions of the tract, location and results of tests made to ascertain subsurface soil rock and ground water conditions and depth to ground water, as may be reasonably required to carry out the purposes and intent of these regulations.

(9) Proposed surface water drainage pattern for each individual block, and street including an updated proposed grading plan.

(10) Trees of over eight-inch caliper.

(11) Location of all the following improvements unless specifically waived in writing by the board: street paving, sidewalks, curbs, utilities above and below ground, fire hydrants, street trees, street signs, street lighting standards, storm drainage, all easements and fire alarm boxes.

(12) Legend denoting any signs and symbols used on the plan and not otherwise explained.

(13) A certificate for notation of final plat approved by the development review board, directly on the plat as follows:


APPROVED BY RESOLUTION OF THE CITY OF BURLINGTON DEVELOPMENT REVIEW BOARD, VERMONT, ON THE _______________ DAY OF ________________, 20_____________ SUBJECT TO ALL REQUIREMENTS AND CONDITIONS OF CHAPTER 28 ENTITLED SUBDIVISION REGULATIONS OF THE BURLINGTON, VERMONT, CODE OF ORDINANCES, SIGNED THIS ________________ DAY OF ________________, _____________ BY
_________________	_________________
Witness	Chairman
_________________	_________________

(e) Construction detail drawings: All submitted applications for final plat approval must likewise have construction detail drawings consisting of the following:

(1) Plans and profiles showing existing and proposed elevations along centerlines of all streets within the subdivision.

(2) Plans and profiles showing location of street pavements, curbs, gutters, sidewalks, manholes, catchbasins, culverts and existing intersecting walks and driveways.

(3) Typical cross-sections of improved streets indicating the material used for construction of the roadbed and surface sidewalk, curbing and tree belt, tree pit and showing centerline right-of-way width, width of pavement and travel lanes, height of crown, curb reveal, and any other pertinent information.

(4) Plans and profiles of the storm drainage system showing the location, pipe size and invert elevations of existing and proposed storm drains together with invert and rim elevations of all catchbasins and manholes. Surface elevation and approximate depth of water shall be shown at each point where drainage pipe ends at a waterway. Drainage calculations prepared by the applicant’s engineer, including design criteria used, drainage area and other information shall be sufficient for the city engineer to determine the size of any proposed drain, culvert or bridge.

(5) Plans and profiles of the sanitary sewer system showing the location, pipe size and invert elevations of existing and proposed sewage system together with invert and rim elevations of all manholes. All lots within the proposed subdivision shall be serviced by the municipal sewerage system. Where a gravity flow of sewage cannot be attained, the subdivider shall install a pumping or lift station of a make and type specified by the sewage disposal superintendent to provide for the proper disposal of all waste into the existing sanitary systems. The subdivider shall covenant that one year after the pumping station has been installed and found to function to the satisfaction of the sewage disposal superintendent said pumping station shall be deeded to the city and thereafter shall be maintained and operated by the sewage disposal department.

(6) Plans and profiles of the water supply system showing the location, pipe size and invert elevations of the subdivision water system. All lots within the proposed subdivision shall be supplied by the municipal water system.

(7) All profiles shall be drawn with:

(A) A horizontal scale of one inch to forty (40) feet and a vertical scale of one inch to four (4) feet.

(B) Existing centerline in fine black line with elevation shown every fifty (50) feet.

(C) Proposed centerline grades in heavier black line with elevations shown at every fifty (50) foot station except that in vertical curves elevations shall be shown at twenty-five (25) foot station. All changes in street grade shall be shown by a tangent to the vertical curve with the grade of the tangent indicated at the point of tangency.

(D) Cross-sections at every fifty (50) foot station or any unusual section as is common practice in the design of roadways by the Vermont Department of Highways.

(E) Existing right-of-way line in fine black dash line.

(F) Proposed right-of-way line in fine black dotted line.

(G) All elevations based on the U.S. Coast and Geodetic Survey bench marks.

Requirements 1—6 of such construction detail drawings must be approved by the city engineer prior to approval of the final plat by the development review board.

(f) Final approval of construction detail drawings: Final approval of the complete set of construction detail drawings shall consist of a letter of approval from the development review board, therein stating:

(1) Type of improvement(s) covered by the plan.

(2) Name of the designing engineer.

(3) Date of preparation and revision if any.

Prior to such final construction detail drawings approval, the development review board may recommend, or may require upon recommendation of the city engineer such changes or revisions as are deemed reasonably necessary to carry out the purposes and intent of these regulations.

(g) Notice of public hearing on final plat: Within thirty-five (35) days of the date the final plat is submitted, a public hearing thereon shall be held by the development review board. The public hearing shall be advertised in a local newspaper with general circulation throughout the city and notice shall be posted in one or more public places in the city at least fifteen (15) days prior to the hearing. The notice shall describe the location of the proposed subdivision, the name of the applicant and the time and place of the hearing. It shall specifically state the hearing is on the subdivider’s proposed final plat. On the day of publication, a copy of said notice shall be sent by first class mail to the applicant and to all owners of land abutting the proposed subdivision. If the subdivision shall be located within five hundred (500) feet of a municipal boundary, a copy shall be sent to the regional planning commission and to the clerk of the affected municipality at least fifteen (15) days prior to the hearing. If deemed necessary, the development review board may recess the public hearing, to be reconvened at a later date, time, place announced during said hearing without having to readvertise and repost a notice of such recessed hearing.

(h) Development review board approval of final plat: The administrative officer shall check the final plat for conformance with this chapter and report his findings and recommendations together with the findings and recommendations of the other city officials whose departments are affected by the proposed subdivision to the development review board. Thereafter the development review board shall, within forty-five (45) days from the close of the public hearing on the final plat, approve, with modifications, or disapprove the final plat. A notation of the action shall be made on the original tracing and two (2) copies of the final plat. If the final plat is approved or approved with modifications, the chairman or the person designated by resolution by the development review board shall sign the plat certificate. The original or a reproducible copy thereof shall be retained by the board for its records. In the case of approval with modification, the modifications shall be included in the minutes of the meeting. A copy of the applicable minutes shall accompany the original tracing and each print of the final plat. If the final plat is disapproved, grounds for such action shall be stated in the board minutes with a copy of said minutes included in a letter advising the subdivider of the disapproval of the plat. In the case of denial of the final plat, a minimum of six (6) months must elapse, commencing from the date of denial, before the subdivider may resubmit the subdivision plans for review by the development review board. If action on the final plat is not taken by the development review board within forty-five (45) days from the public hearing, the final plat shall be considered approved and a certificate of approval shall be issued on demand. However, the applicant may waive this requirement and consent to an extension of time, provided such waiver is received in written form. Before approving a final plat, the development review board shall obtain a memorandum from the city attorney that approved bond, or security, pursuant to T. 24 Sections 4416, 4417 of the Vermont Statutes Annotated has been posted to insure completion of all required improvements.

(i) Filing of approved final plat: After a final plat has been approved, the subdivider shall:

(1) File a permanent copy sheet size either eleven (11) inches by seventeen (17) inches or eighteen (18) inches by twenty-four (24) inches drawn in black permanent and actinic ink on linen tracing cloth or other similar reproducible material or reduced copy thereof with the city clerk within ninety (90) days from the date of approval. Failure to so file within ninety (90) days shall render void the final plat approval. Prior to the acceptance of the final plat by the city clerk, the city engineer shall check the copy to be filed to ascertain that it is as approved. A plat shall become void if changes are made to it after the board has endorsed the same in writing. Any person altering or attempting to alter any plat subsequent to final development review board approval shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine not to exceed two hundred dollars ($200.00). After filing with the city clerk, the plat shall become part of the official map.

(2) File one approved print with the building inspector before building permits are made available.

(3) File one approved print with the city assessor.

(Ord. of 10-16-00)

28-7 General and specific review criteria.

The development review board shall base its decisions with respect to consideration of preliminary plats and final plats for subdivisions on whether the proposed subdivision meets the general and specific review criteria set forth in this section.

(a) General review criteria: The following general standards shall apply to all proposals for subdivision development:

(1) Subdivisions shall conform to the zoning regulations, official map and shall:

(A) Not result in undue water, air, or noise pollution;

(B) Have sufficient water available for its needs;

(D) 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;

(E) Not cause unreasonable congestion or unsafe conditions with respect to the use of highways, waterways, railways, and other means of transportation existing or proposed;

(F) Not cause an unreasonable burden on the ability of the city to provide municipal services;

(G) Not have an undue adverse effect on the scenic or natural beauty of the area, aesthetics, historic sites or rare or irreplaceable natural areas;

(H) Not have an undue adverse impact on the city’s present or future growth patterns nor on the city’s fiscal ability to accommodate such growth nor on the city’s investment in public services and facilities;

(I) Be in substantial conformance with the city’s municipal development plan; and

(J) Not have an undue adverse impact on the present and projected housing needs of the city in terms of amount, type, affordability and location;

(K) Not have an undue adverse impact on the present and projected park and recreational needs of the city.

Any of these criteria, with the exception of (I), may be waived by the development review board for residential developments containing less than five (5) dwelling units.

(2) Land subject to flooding, improper drainage or erosion, or that is for topographical or other physical reasons unsuitable for residential use shall not be platted for residential use nor any other use that will continue or increase the danger to health, safety or property. Unless said problems can be and are corrected, such land shall be used only for such uses as are not endangered by periodic inundation, and may be offered as a gift, to be used for public park or recreation purposes.

(3) A proposed subdivision shall not be approved if, despite completion by the subdivider of the specific requirements set out in this chapter, its development would render the below listed existing municipal services in-adequate and overburdened:

(A) Major street linkages to such proposed subdivision.

(B) The city water system and/or the city sanitary sewer system.

(D) The ability of the police and fire departments to provide police and fire protection without the necessity of establishing a new station or requiring additional personnel and/or equipment at an existing station.

(E) Municipal parks, playgrounds, pedestrian ways and other public facilities.

The development review board shall not disapprove an application for preliminary or final plat approval on the basis of the general review criteria of this section in the absence of evidence establishing that the proposed subdivision would not be in compliance therewith. The subdivider shall not bear the burden of proof with respect to such general review criteria.

(4) Higher standard covenants: In the event a request for preliminary plat approval is disapproved on the basis of evidence presented establishing that despite completion of all specific requirements, one or more of the general review criteria would not be met, the development review board and the subdivider may, if in the judgment of the board all general review criteria could be met thereby, enter into a covenant to the effect that development will be completed according to specifically delineated criteria more detailed and/or stringent than the specific review criteria set forth in this chapter. Such covenant must be approved by the city attorney as to its form and legal sufficiency. If such a covenant is executed it shall be submitted by the subdivider with his application for final plat approval and be considered a part of the record at the public hearing. Should a final plat be approved for such a subdivision, all sections of this chapter relating to performance obligations and performance security shall be applicable to the conditions of such higher standard covenant.

(5) Phased development: Should the development review board determine, on the basis of evidence presented with respect to an application for either preliminary or final plat approval, that one or more of the general review criteria of this section would not be met unless development of the subdivision was phased over a number of years, the board shall have authority to approve a plot on the basis of a covenant with the subdivider providing that development will be phased over the number of years required to meet such general review criteria. Upon final plat approval, failure by a subdivider to comply with the terms of such a phased development covenant shall constitute a violation of this section, and such final plat approval for subdivision development shall be null and void.

(b) Specific review criteria: In addition to the general review criteria set forth in subsection (a) hereof, the below set forth specific review criteria shall apply to all proposals for subdivision development. All improvements required as a part of such specific review criteria shall be made at the sole expense of the subdivider.

(1) Monuments: Provision shall be made for permanent monuments to be set at all corners and angle points of the subdivision boundaries and at all street intersections and points of curve. Monuments shall be stone or concrete with a one-inch diameter metal pipe at least two (2) feet long set in the center, located in the ground at final grade level, and indicated on the final plat. Metal stakes shall be set at all corners and angle points of individual lot lines within the subdivision located in the ground at or above final grade level.

(2) Lots and blocks:

(A) Lots—Planning and design standards: Residential lots shall meet the lot width, frontage and area requirements of the Burlington Zoning Ordinance, as amended, and shall be arranged so that there will be no foreseeable difficulties in securing building permits and gaining access to buildings from streets. The subdivision plat shall provide each lot with satisfactory access to a public street and no driveway grade shall exceed ten (10) percent. Where practicable, lots shall be so laid out that driveways have access to the abutting street which carries or is intended to carry the lessor amount of traffic. Access from private streets shall be deemed acceptable only if such streets are designed and improved in accordance with this chapter. Side lot lines shall be at right angles or radial to street lines, unless in the judgment of the board, a variation will give a better street or lot plan. Corner lots shall be of sufficient dimensions so that any structure placed thereon shall conform to the building setback requirements of each street as specified in the zoning ordinance.

(B) Blocks—Planning and design standards: No specific rule concerning the shape of blocks is made, but blocks must fit readily into the overall plan of the subdivision and their design must evidence consideration of topographical conditions, lot planning, traffic flow, and public open space areas. The length, width and shape of blocks shall be determined with due regard to:

(I) Provision of adequate building sites suitable to the special needs of the type of use contemplated.

(II) Zoning requirements as to lot sizes and dimensions.

(III) Need for convenient access, circulation, control and safety of street traffic.

(IV) Limitations and opportunities of topography.

Blocks intended for commercial, industrial, and institutional use must be designated as such. Where a subdivision borders on or contains a railroad right-of-way or limited access thoroughfare, the development review board may require a street approximately parallel to and on each side of such right-of-way at a distance suitable for the appropriate use of the intervening land, as for a park, deep residential lots backing to railroad or arterial street with a planting screen in a no access area at rear property lines of lots, or for motor vehicle parking for business or industry with due regard for the requirement of approach grades and future grade separations.

(3) Streets:

(A) Planning standards:

(I) Streets shall be suitably located to accommodate the prospective traffic and to afford satisfactory access to fire fighting, snow removal and road maintenance equipment.

(II) Streets shall be arranged so as to cause no undue hardship to adjoining properties, and shall be coordinated so as to compose a convenient system.

(III) The arrangement, width and grade of all streets shall be considered in relation to existing and planned streets, topographic conditions, public convenience and safety, and in their appropriate relations to proposed land uses.

(IV) Curbs shall meet all requirements for access by the handicapped as are and may be established by the public works commissioners.

(V) Local streets shall be planned so their use by through traffic will be discouraged.

(VI) Grades of streets shall conform as closely as possible to original topography and shall be arranged so that building sites are at or above street grade. Steep grades and sharp curves shall be avoided.

(VII) Where a tract is subdivided into lots much larger than the minimum size required in the zoning district in which a subdivision is located, the development review board may require that streets and lots be laid out to permit future resubdivision.

(VIII) Where the subdivision borders on an existing street and the comprehensive master plan or official map indicates plans for realignment or widening of the street that would require reservation of some land of the subdivision, the board shall require that such areas be shown and marked on the final plat "reserved for street realignment (or widening) purposes", and not be conveyed as a part of any lot.

(IX) Minimum building setbacks shall comply with the requirements for setbacks specified in the zoning ordinance.

(X) Intersections of major streets by other streets shall be held to a minimum and shall be at least eight hundred (800) feet apart, unless this is determined by the board as impossible with respect to a particular intersection. Cross street intersections shall be avoided, except at important traffic intersections. A distance of at least one hundred twenty-five (125) feet shall be maintained between offset intersections. Within one hundred (100) feet of an intersection right-of-way, streets shall be approximately at right angles.

(XI) Alleys may be required at the rear of all lots used for multifamily, commercial or industrial developments but shall not be provided in one or two- family residential developments unless the subdivider provides evidence satisfactory to the development review board of the need for alleys.

(XII) Arrangement of streets shall provide for continuation of existing streets between adjacent properties whenever possible at the same or greater width, but in no case less than the required width.

(XIII) Dead-end streets shall have a maximum length of nine hundred (900) feet and shall be constructed with a cul-de-sac at the terminus with a minimum diameter of eighty (80) feet unless the board approves an equally safe and convenient form of turning space. The minimum widths and standards for right-of-way, pavements, sidewalks, utilities, etc. required of a local street shall also apply to a dead-end street.

(XIV) Where undeveloped land lies beyond the developed portion of the subdivision, no building permit shall be issued for the lot located on the extension of a cul-de-sac or dead-end street unless the board is satisfied that said street shall remain a permanent dead-end street.

(XV) If adjacent property is undeveloped and in the opinion of the development review board the cul-de-sac is temporary, right-of-way and improvements shall be extended to the property line. A temporary circular turn-around shall be provided on all temporary dead-end streets meeting the standards set in paragraph (XIII) above, with the notation on the plat that land outside the street right-of-way shall be conveyed to the owners of abutting lots at the time the street is continued.

(B) Design standards: In the design of streets to be accepted by the city, the subdivider shall adhere to the minimum standards set by the City of Burlington as approved by the city engineer in June, 1968, as amended, for the construction of roadways, curbs, sidewalks, manholes, catchbasins and drive aprons. The book of such minimum city standards is available from the street department office for a fee of three dollars ($3.00). The following specific standards shall likewise apply:


	Major	Collector	Local
Minimum right-of-way width	80'	70'	56'
Minimum pavement width	48'	40'	30'
Maximum grade	4%	6%	10%
Minimum grade	0.5%	0.5%	0.5%
Minimum radius of curves, inner street lines for deflections of more than 10%	800'	500'	250'
Minimum tangent length between reverse curves	200'	150'	100'
Maximum grades within 100' of center line intersections	2%	3%	3%
Minimum braking sight distance	400'	300'	200'
Minimum distance between center line offsets	400'	300'	125'
Angle at intersections of street center lines	90°	85-90°	80-100°

The radius of the curb at street intersections shall be as follows: Twenty-five (25) foot radius where a major street intersects with a major, collector or local street. Twenty (20) foot radius where a collector street intersects with a collector or local street. Twenty (20) foot radius where a local street intersects with any other type of street public or private.

(C) Construction standards: All street improvements shall be installed at the expense of the subdivider. The following specifications shall constitute the minimum standards for construction and improvement of streets:

(I) Excavation: Streets shall be rough graded and compacted within the full width of the right-of-way.

(II) Base course: Road beds shall have a minimum of twelve (12) inches of selected fill material in compliance with the minimum specifications of the public works commissioners. Where subsurface soils prove to be satisfactory to support the sub-base, the city engineer may require the subdivider to excavate deeper and add more than the twelve (12) inch minimum of gravel to return the road bed to proper grade.

(III) Surface course-two applications: Upon the gravel base there should be constructed a pavement consisting of a base course of bituminous concrete mix one and one half (1 1/2) inches thick, compacted in place; and also a top course of bituminous concrete one inch thick compacted in place.

(IV) Curbs: Curbs shall be installed on each side of all streets within the proposed subdivision. Curbs shall conform to standards approved by the city engineer and shall be made of four thousand (4,000) pound test concrete with construction joints at least every ten (10) feet and expansion joints every sixty (60) feet.

(V) Sidewalks: Sidewalks shall be installed on each side of all streets within the proposed subdivision except:

A. If the development review board and the city council shall determine by resolutions passed prior to the public hearing on a final plat that the construction of sidewalks on one side of a proposed street would be impractical and unnecessary, the requirement of sidewalks on such side may be waived by the development review board. For minor subdivisions, including those of ten (10) units or less, a resolution by the city council shall not be required.

B. With respect to a proposed street recommended for acceptance by the city engineer, the requirements of sidewalks and/or curbings may be waived if the development review board and the city council shall determine by resolution passed prior to the public hearing on a final plat that the foreseeable future development of the area served by such proposed street does not require such improvements. For minor subdivisions, including those of ten (10) units or less, these requirements may be waived by resolution of the development review board upon consent of the city engineer. The minimum widths of sidewalks shall be five (5) feet for all residential, commercial and industrial areas. Sidewalks shall have at least a five inch wearing course, except that through driveways and other areas subject to vehicular traffic shall be at least six (6) inches thick, laid on a compacted bed of gravel at least six (6) inches deep. Concrete shall have a minimum twenty-eight (28) day compressive strength of four thousand (4,000) PSI. All sidewalks shall have one quarter (1/4) inch per foot slope towards the street to provide proper drainage. The minimum tree belt width (distance between the curb and edge of the sidewalk) shall be seven (7) feet. Tree belts shall have a minimum of six (6) inches of top soil and an established turf of a mix approved by the board of parks and recreation commissioners. Provided, the development review board may waive the seven foot tree belt width requirement if it finds that unique physical factors are present which render such requirement impracticable.

(4) Subsurface improvements:

(A) Storm water drainage: Provision shall be made for storm sewer mains, catchbasin and manholes of a size, type and location approved by the public works commissioners. The same shall be a separate system from the sanitary sewer mains, and shall be connected to an adequate outfall, without creating a hardship on low-land owners. Such sewers shall provide for an extension to land lying within the upland drainage area, whether such land is within the subdivision or not. Storm sewers shall be designed by the rational method, and copies of the design computations shall be submitted with the plans. Inlets shall be provided so that surface water is not carried across or around any intersection, nor for a distance in excess of three hundred (300) feet in any gutter. Said board may, upon advice of the city engineer, require catchbasins at closer intervals if topographical conditions so warrant. Rights-of-way for storm water drainage must be sufficient for facilities to handle not only the anticipated discharge from the property being subdivided but also the run-off that will occur when property at a higher elevation in the drainage basin is developed, based on a ten-year storm under conditions of total potential development. In cases where run-off incident to development of the subdivision will overload existing drainage facilities during a ten-year storm, the development review board shall not approve the subdivision until provision has been made for improvement of the downstream facilities. Where a subdivision is traversed by a water course or drainage way, there shall be provided a stormwater drainage easement of such width as to encompass the twenty-five-year flood area of such water course, which easement shall be indicated on the final plat.

(B) Sanitary sewage disposal: Provision shall be made for construction of a sanitary sewer system of a size, type and location approved by the public works commission. The following requirements shall likewise be met:

(I) Asbestos cement (AC) or other pipes approved by the public works commission, having minimum internal diameter of eight (8) inches, shall be laid at such depths below finished grade so as to provide adequate sewage facilities to every dwelling and other structure. Larger pipes may be required where needed to provide an adequate system. Pipe fittings shall be made by John Mansfield or interchangeable with the same brand.

(II) Where possible, the sanitary sewer mains shall be served by gravity flow system. In cases where the topography is such that all or a portion of the subdivision cannot be accommodated by gravity flow, the subdivider shall install and maintain a lift station to efficiently dispose of all sanitary waste into the existing sewer system. The lift station shall be of a design and capacity to adequately serve the development and be approved by the public works commission. All force mains leading from the pumping station shall be made of cast iron and shall be of a size approved by the public works commission. Upon the date of release of the performance bond, as hereinafter set forth, the city shall be conveyed and shall assume ownership and maintenance of any such pumping station.

(III) Manholes shall be no more than three hundred (300) feet apart with additional manholes at each change of direction, according to standard engineering practices.

(IV) Sanitary sewer shall be designed by the rational method and copies of all design computations therefor shall be submitted by the divider.

(C) Water supply: A public water supply system shall be installed of a kind, type and location approved by the public works commissioners. The following requirements shall likewise be met:

(I) Water mains at least six (6) inches in diameter shall be laid at least six (6) feet below finished grade. Larger pipes may be required where needed to provide an adequate system. Water pressure shall not be less than thirty (30) PSI at the meter and if less than this pressure, the subdivider shall install a booster system in accordance with water department standards.

(II) The system shall likewise be designed and installed to all standards and procedures of the Vermont Department of Health. Water and sewer lines should not be laid together in the same trench, and a minimum of ten (10) feet horizontal separations shall be preserved between the two (2) mains.

(III) Water distribution facilities including, without limitation, all pipes, fittings, hydrants, valves and vaults shall be installed to serve all properties within the subdivision.

(D) Fire protection: Provision shall be made for fire alarm boxes and fire hydrants in the number, size, type and location approved by the board of fire commissioners. All lines connecting alarm boxes with fire stations shall be placed underground. Water pipes serving hydrants shall be of a sufficient size to provide the necessary supply of water for fire fighting purposes. All buildings within the proposed development shall be provided with access for firefighting equipment by means of either public streets or fire lanes. Fire lanes shall be no less than twenty-five (25) feet wide with access from two (2) locations wherever possible. Free-standing buildings over five (5) stories in height shall have access to firefighting equipment on all sides to provide for the safe and efficient operations of the fire department.

(E) Other public utilities:

(I) Subdivider shall be responsible for the provision of electric, telephone, fire alarm, cable television and gas lines to a subdivision unless the development review board shall determine, after either the preliminary or final plat public hearing, that any one or more of such services is not reasonably available to or necessary for such subdivision. All such lines, with the exception of fire alarm cables which shall be installed at subdivider’s expense, shall be installed at the expense of the applicable utility. The subdivider shall place all such lines underground. All electric power transformers shall, as determined by the electric department be placed underground in vaults or on ground level concrete pads of a type approved and inspected by said department. Further, if the required transformer can be mounted on existing power poles, such above ground location shall be permissible provided all wires and conduits to the service use point are placed underground. The placement of all such lines shall be within easements or other dedicated public ways so as not to conflict with other underground services. All utility lines listed above shall be placed within street rights-of-way unless the development review board shall determine, with respect to any such line, that existing physical conditions make it impracticable to do so. In cases where such impracticability is determined, said utilities shall be centered and located on rear or side lot lines.

(II) Street lights: Subdivider shall make provision for the installation of all street lighting poles, brackets and lights, the specifications for which shall comply with standards established by the Burlington Electric Department. When such equipment is to be placed within an area or street proposed for dedication and city acceptance, it shall be both supplied and installed by the electric department.

(5) Easements: All easements which are required for the provision of utility services within a subdivision shall be at least twenty (20) feet in width, unless the development review board shall determine that a lesser width is required for a particular purpose. The development review board may require easements for pedestrian access to schools, public open space, playgrounds or streets when in its judgment the same are necessary. Such easements shall be a minimum of five (5) feet in width and paved by the subdivider in accordance with the specifications for sidewalks. At the end of all dead-end streets a subdivider shall dedicate a twenty (20) foot easement to the city for provision of storm drains to carry street run-off, snow placement and for future looping of utility services.

(6) Trees: A subdivider shall make provision for the planting and temporary maintenance of trees within a proposed subdivision in accordance with the standards of this section. The standard shall be three (3) trees for each residential lot and/or three (3) trees for each dwelling unit in the event a clustered housing type subdivision is developed. Existing, undisturbed trees which are approved by the park superintendent shall be considered in computing the number of trees needed to attain such standard.

(A) Size: Unless otherwise specified by the park superintendent all planted trees shall be small, medium or large deciduous tree species and their cultivars and varieties, shall conform to American Association of Nurserymen Standards and be at least two (2) to two and one half (2 1/2) inches in diameter six (6) inches above ground level, and at least eight (8) to ten (10) feet in height when planted. The crown shall be in good balance with the trunk.

(B) Grade: Unless otherwise specified by the park superintendent, all trees shall have comparatively straight trunks, well developed leaders and tops, and roots characteristic of the species, cultivar, or variety, and show evidence of proper nursery pruning. All trees must be free of insects, diseases, mechanical injuries, and other objectionable features at the time of planting.

(C) Location and spacing: Based on a forty-year cycle, no tree which will attain a trunk diameter greater than twelve (12) to fifteen (15) inches shall be planted in a tree belt less than seven (7) feet in width. Trees shall be planted at least thirty (30) feet from street intersections and at least fifteen (15) feet from driveways and alleys. Spacing of trees shall be determined by the park superintendent according to local conditions, the species, cultivars, or varieties used, their mature height, spread, and form. Generally, all large trees shall be planted forty (40) to sixty (60) feet on center; all medium-sized trees shall be planted a minimum of thirty-five (35) feet on center; and all small trees shall be planted a minimum of twenty-five (25) feet on center.

(D) Planting and support:

(I) Most small deciduous trees may be moved bare-rooted unless otherwise indicated by the park superintendent. Roots of bare-rooted trees should be protected against drying out.

(II) All coniferous trees shall be moved balled and burlapped. Balled roots should be prevented from drying out at the surface of the ball and protected against injurious freezing.

(III) Pits dug for planting of bare-root plants shall be a minimum of twelve (12) inches larger in diameter than the diameter of the root system so as to be of sufficient size to accommodate the roots without crowding. For balled trees, the pits shall be a minimum of twelve (12) inches larger in diameter than the diameter of the ball of soil to allow proper backfill.

(IV) Plants shall be planted no deeper than previously grown, with due allowance for settling.

(V) In poorly drained soil, artificial drainage shall be provided to properly drain the soil about the plant roots or tolerant species selected.

(VI) Acceptable top soil, compost, peat moss, or other acceptable soil mixtures shall be placed about the roots, or in the back fill around the ball. When the planting is completed, the entire root area shall be thoroughly saturated with water.

(VII) Excessive pruning at the time of transplanting should be avoided. The extent of top pruning should be based on the ability of the plant roots to function.

(VIII) Trees shall be suitably wrapped and guyed, or supported in an upright position according to accepted arboricultural practices. The guys or supports shall be fastened so that they will not girdle or cause serious injury to the tree or endanger public safety.

(E) Ownership: All trees planted within tree belts or on other land dedicated to the public shall be maintained by the subdivider for a period of two (2) growing seasons after time of planting. Thereafter, such trees shall be maintained by the city.

(7) Street names and house numbers:

(A) Street names: All street names shall be subject to development review board approval. Extensions of existing streets shall be given the name of the existing street. Names of new streets shall not duplicate or closely approximate those of existing streets. Street name signs shall be furnished and installed by the subdivider. The type, size and location thereof shall be subject to development review board approval.

(B) House numbers: All house numbers must follow the pattern previously established in the city. An identifying number shall be designated on the final plat for each twenty (20) feet of frontage to provide for the future resubdivision of parcels and/or increased densities. Only numerals shall be used to identify residences and other building numbers.

(8) Land for park and recreational purposes: Whenever approval is sought for development of a subdivision exceeding three (3) acres in area, the development review board shall require, as a condition of its approval, that an area or areas comprising in total no more than fifteen (15) percent of the subdivision land area be reserved for use as a park or parks for playground or other recreation purposes. Land set aside for such use shall be so designated on the subdivision plat. Upon completion of the subdivision, such areas may be dedicated to the city by the subdivider and if accepted by the city council, shall be maintained by the city. If dedication is not made or such lands are not accepted by the city council, such lands shall be maintained by the subdivider for a minimum period of five (5) years from the date of subdivision final plat approval in accordance with regulations promulgated or adopted by the development review board to assure preservation of such lands for their intended purpose.

Such conditions shall be inserted on the final plat prior to approval and recording. Provided, however, that should the development review board determine that a suitable park or parks of adequate size cannot be properly located in any such plat or is otherwise not practicable, the development review board may require as a condition to the approval of such plat a payment to the city in an amount determined by the city council, which amount shall be appropriated by said city council so as to serve the needs of the surrounding area including, without limitation, the needs for acquisition of property for a neighborhood park, playground or other recreational purposes.

(9) Preservation of natural features and trees: Outstanding natural features of the site including groves of trees, water courses and falls, historic spots, exceptional views, and similar irreplaceable assets shall be preserved as far as possible by harmonious design. All types over ten (10) inches in trunk diameter shall be preserved except where it can be demonstrated by the subdivider that retention of any such tree is not appropriate. Topsoil removed in the process of grading the subdivision site shall be replaced, except with respect to proposed streets, driveways and building locations.

(10) Performance bond:

(A) Necessity: Prior to approval of any final plat, a subdivider shall file with the development review board and with the city clerk for recording, a covenant, running with the land, committing such subdivider to complete all improvements required by the board pursuant to this chapter within a maximum period of three (3) years from the date of final plat approval. Such covenant shall be secured by either a performance bond or a deposit of money or negotiable securities filed with the board. The amount of such bond, money or negotiable securities (security deposit) shall be determined by the board, upon consultation with the city engineer and affected city departments, and shall be based upon the estimated cost of such improvements, plus a ten (10) percent contingency factor and the estimated maintenance cost for such improvements for a period of two (2) years following their completion. If a performance bond is filed, the penal sum of such bond shall be one hundred (100) percent of the above determined amount. The bond shall be approved as to legal sufficiency, form and manner of execution by the city attorney and as to sureties by the city treasurer. If money or negotiable securities are filed, the necessary sum shall be fifteen percent (15) of such above determined amount.

(B) Reduction: As a subdivider shall complete any one or more of the required improvements, and such completion is certified by the board after inspection by appropriate city departments, the board may permit a corresponding reduction in the amount of security required under subparagraph (A) hereof. The subdivider shall inform the administrative officer at least forty-eight (48) hours prior to completion of any improvement so that arrangements for proper inspection thereof can be made. No part of any improvement shall be covered over until such inspection is made and completion of such improvement is certified. In no event, however, shall such security be reduced below the amount required to cover the ten (10) percent contingency factor and the estimated two-year maintenance cost.

(C) Certification of final completion: The development review board or its designee shall issue a certificate of final completion when it is satisfied, after appropriate inspections, that all improvements required by it under authority of this chapter have been completed by the subdivider, and the "as-built drawings" required by section 28-9 hereof have been filed by him. Upon the issuance thereof, all security deposits required shall be released except the amount required for the issuance thereof, all security deposits required shall be released except the amount required for the ten (10) percent contingency factor and the estimated two-year maintenance cost. Such remaining amount shall be released two (2) years from the date such final completion certificate is issued, unless all or any portion thereof has been previously forfeited or is required for necessary maintenance work which arises prior to the expiration of such period.

(D) Forfeiture: In the event any required improvements are not completed within the maximum period allowed, or are not maintained as required, such security deposit may be declared forfeit by the development review board, and the proceeds thereof utilized by the city to complete such improvements, maintenance or "as-built drawings."

(Ord. of 10-16-00)

28-8 Fees.

For the administration of subdivision review, this city council shall by resolution establish, and may from time to time amend, a schedule of fees which will cover the city’s obligations under this chapter including, without limitation, the cost of publishing notices, holding public hearings and making the inspections required during installation of subdivision improvements. Such fees shall be payable to the administrative officer upon submission of an application for preliminary plat approval and shall be nonrefundable.

(Ord. of 10-16-00)

28-9 As-built drawings.

One reproducible set of drawings showing the location of all required improvements as-built shall be certified by an engineer or land surveyor and filed with the development review board prior to the issuance of any certificate of final completion.

(Ord. of 10-16-00)

28-10 Dedication and acceptance of public facilities.

(a) Contract required. Prior to approval of any final plat, the development review board shall require a subdivider to execute a contract pledging to dedicate and convey to the city all property lying within each street right-of-way to be constructed, all land designated for park and/or recreational use and all improvements which by virtue of section 28-7 will after a specified period of time, become the property of the city. Such contracts may be executed on behalf of the city by the development review board chairman when duly authorized so to do by his board. The city attorney shall approve all documents as to legal sufficiency, form and manner of execution.

(b) Private status. Notwithstanding the execution of any contract requiring future dedication under subsection (a) hereof, all proposed streets, park and/or recreational lands and improvements shall remain the private property of subdivider until the same have been formally accepted by the city council. Furthermore, final plat approval by the development review board shall not be deemed to constitute or imply acceptance by said city council. No city department shall install any improvement within an unaccepted street right-of-way until the contract required by this section and the performance bond required by section 28-7(b)(11) have been filed with the board.

(c) Acceptance procedure. Upon receipt of a certificate of final completion under section 28-7(b)(11)(C), a subdivider shall prepare and submit to the city council for acceptance pertinent deeds describing by metes and bounds all lands pledged to be dedicated to the city by the contract executed under subsection (a). All required easements for utility line maintenance shall likewise be submitted. No such deed or easement may be considered by the council until a certificate of final completion has been issued. Upon proper submission, the city council shall set the matter down for public hearing, and give notice thereof by publication in a newspaper of general circulation in the city at least fifteen (15) days before such hearing. The notice shall state the name and location of the proposed street, park or easement, the name of the grantor on the proposed deed or easement, and the time and place of the hearing. Following such hearing the council shall, upon finding that all requirements of this chapter have been met, and that all liens, encumbrances or charges of record affecting title or right to such land and/or easements have been discharged, accept such streets, lands or easements as the property of the city.

(d) Previously developed streets. Any provision of this chapter to the contrary notwithstanding, the city council may in its discretion, after public hearing warned as per subsection (c) hereof, accept a street the development of which shall have been substantially completed prior to the effective date hereof, and which shall be recommended for acceptance by the city engineer and the development review board.

(Ord. of 10-16-00)

28-11 Waivers.

Where the development review board and the city council both specifically find by resolution, after a single separate and distinct public hearing warned in the same manner as for all other public hearings hereunder on the question of whether a waiver should be granted, that due to the special circumstances of a particular plat, or because of exceptional or unique conditions of topography, access, location, shape, size, drainage or other physical features of the site, provision of any one or more of the required improvements under this chapter is not requisite in the interest of the public health, safety or general welfare, or is inappropriate because of inadequacy or lack of connecting facilities adjacent or proximate to the proposed subdivision, it may waive such requirement(s) subject to appropriate conditions. Such conditions must, in the judgment of the board, substantially secure the objectives of the requirements so waived. No such waiver may be granted if it would have the effect of nullifying the intent and purpose of the zoning regulations, comprehensive master plan, the official map or this chapter. Where a more specific waiver provision is established for any provision of this chapter, this section shall not be applicable.

(Ord. of 10-16-00)

28-12 Severability.

The provisions of this chapter shall be regarded as severable and should any portion thereof be held invalid, such invalidity shall not affect any other portion of such chapter.

(Ord. of 10-16-00)

Editor’s note—An ordinance adopted Oct. 16, 2000, repealed Ch. 28, Subdivisions, in its entirety and enacted a new ordinance with similar provisions as herein set out. The former chapter was derived from ordinances adopted on April 22, 1974; Sept. 29, 1980; May 12, 1986; and June 12, 1989.

Chapter 28SUBDIVISIONS1

28-1 Authority; purpose; nonretroactive effect.

28-2 Definitions.

28-3 Platting jurisdiction.

28-4 Preapplication conference.

28-5 Procedure for approval of preliminary plat.

28-6 Procedure for approval of final plat and construction detail drawings.

28-7 General and specific review criteria.

28-8 Fees.

28-9 As-built drawings.

28-10 Dedication and acceptance of public facilities.

28-11 Waivers.

28-12 Severability.

Chapter 28
SUBDIVISIONS¹