2009
1. Article I: Enactment, Purpose, Authorization, Waivers,
Definitions………………………………………….2
1.1. Enactment……………………………………….2
1.2. Purpose…………………………………………2
1.3. Authorization……………………………………2
1.4. Waivers and Variances…………………………….2
1.5. Definitions……………………………………..2
1.5.1. Easement…………………………………….2
1.5.2. Sketch Plan………………………………….2
1.5.3. Preliminary Plat……………………………..2
1.5.4. Final Plat…………………………………..2
1.5.5. Subdivider…………………………………..3
1.5.6. Subdivision………………………………….3
2. Article II: Subdivision Review and Approval Procedure….3
2.1. Application of Regulation……………………….3
2.2. Sketch Plan Procedure…………………………..3
2.3. Preliminary Plat Procedure………………………4
2.4. Final Plat Approval Procedure……………………5
3. Article III: Information Required with Plan Submissions..7
3.1. Sketch Plan……………………………………7
3.2. Preliminary Plat……………………………….7
3.3. Final Plat…………………………………….8
4. Article IV: Design Development Standards and Required
Improvements for Subdivision of Land……………………10
4.1. Planning and Design Standards…………………..10
4.2. Required Improvements………………………….10
4.3. Streets – Standards……………………………11
4.4. Required Road, Street, and Sidewalk Construction Standards…………………………………………l2
4.5. Lots – Planning and Design Standards…………….12
4.6. Required Easements for Utilities, Drainage, and Access……………………………………………12
4.7. Required Monuments – Boundary Markers……………12
4.8. Required Street Name Signs……………………..12
4.9. Required Land for Parks and Recreation…………..13
4.10. Waiver of Recreation Land and Recreation Land Trust Fund……………………………………………..13
4.11. Required School Sites………………………….13
4.12. Required Trees………………………………..13
4.13. Preservation of Natural Features and Trees…………14
4.14. Required Storm Water Drainage Improvements……….14
4.15. Flood Land …… ……………………………..15
4.16. Required Sewage Disposal Improvements……………15
4.17. Required Water Supply Improvements………………15
4.18. Required Public Utility Improvements…………….16
4.18.1. Fire Protection…………………………….20
4.18.2. Street Lights………………………………20
4.18.3 Electricity and Telephone……………………20
5. Article V: Appeals, Severability, Effective Date…..21
5.1. Appeals……………………………………..21
5.2. Severability…………………………………21
5.3. Effective Date……………………………….21
SUBDIVISION REGULATIONS; TOWN OF WALLINGFORD , VERMONT
ARTICLE I: ENACTMENT, PURPOSE, AUTHORIZATION, WAIVERS, DEFINITIONS
1.1 Enactment: In accordance with the Vermont Municipal and Regional Planning and Development Act Title 24 (the Act) Chapter 117 there are hereby established Subdivision Regulations. These Regulations shall be known as “Subdivision Regulations; Town of Wallingford, Vermont.”
1.2 Purpose: The purpose of these subdivision regulations is to promote the orderly growth of Wallingford, to further the purposes of the Act, Section 4302, and to provide guidelines within which developers must operate.
1.3 Authorization: The Wallingford Development Review Board (the Board) is authorized and empowered to approve, modify, or disapprove all proposed subdivisions as defined in Section 1.5.6 below,
1.4 Waivers and Variances: Where the Development Review Board finds that because of the special circumstances of a particular plat, or that unnecessary hardship may result from strict compliance with these regulations, it may waive or vary such requirements subject to appropriate conditions. No such waiver may be granted, however, if it would have the effect of nullifying the intent and purpose of the Zoning Regulations or these Subdivision Regulations.
1.5 Definitions: Except where specifically defined herein, all words in these Subdivision Regulations shall carry their customary meanings. Unless otherwise defined herein, definitions of words used in Section 4303 of the Act, Chapter 117, and definitions in the Town of Wallingford Zoning Regulations shall apply.
1.5.1 Easement: Authorization by a property owner for the use by another, for a specified purpose, of any designated part of his property.
1.5.2 Sketch Plan: A sketch, or outline drawing, of a proposed subdivision, together with supplementary information, to enable the Subdivider and the Development Review Board to reach general agreement concerning a layout of the subdivision necessary to meet the requirements of these regulations.
1.5.3 Preliminary Plat: A drawing marked “Preliminary Layout” showing approximate location of all planned improvements including details of roads, power lines, sewer lines and water lines.
1.5.4 Final Plat: Final drawings showing the exact plan of the subdivision and containing all the information required by these Subdivision Regulations.
1.5.5 Subdivider: Any person, firm, corporation, partnership or association, or his or their authorized agent who shall lay out, for the purpose of sale or development, any subdivision or part thereof.
1.5.6 Subdivision: The division of any parcel of land for the purpose of transfer of ownership, building development, or sale where the act of division creates 5 or more parcels of land; or 5 or more parcels of land are created by successive divisions within a period of ten years. Subdivision includes resubdivision and also any subdivision requiring a new street or extension of municipal facilities. A subdivision permit that will result in fewer than 5 parcels shall be exempt from these regulations except where provided herein.
ARTICLE II: SUBDIVISION REVIEW AND APPROVAL PROCEDURE
These regulations concerning the preparation of a Sub divider’s Sketch Plan, Preliminary Plat, including street profiles, and Final Plat, are necessary for the information of the Board and of the public at hearings as provided in this Article II.
2.1 Application of Regulation
Whenever any subdivision of land is proposed to be made, and before any contract for sale of any part, and before any permit for erection of a structure in such proposed subdivision shall be granted, the Subdivider shall apply in writing to the Development Review Board and obtain approval of such subdivision.
2.2 Sketch Plan Procedure
a. The Subdivider shall, before submitting an application for subdivision of land, submit to the Zoning Administrator a Sketch Plan of the proposed subdivision including the information required under Article III, item 1.
b. The Sketch Plan shall show the proposed layout of streets, lots, and other features, sketched in roughly.
c. The Zoning Administrator shall study the Sketch Plan to determine whether or not it conforms to, or would be in conflict with: Zoning Regulations; the Town Plan; developments proposed by any public agency; existing private and public development, facilities, and services; and any special problems that may be encountered.
d. Within thirty days of receipt of complete Sketch Plan, the Zoning Administrator may approve the Sketch Plan, if two lots or less, or may file the 15 day notice to convene the Development Review Board. The Zoning Administrator shall determine within 30 days whether the Sketch Plan meets the purposes of these Regulations and may make specific written recommendations for changes.
e. The Subdivider shall attend the Development Review Board meeting at which the Sketch Plan is discussed.
f. Where the Subdivider submits a proposed Planned Unit Development, requirements of Section 4417 of the Act Chapter 117 shall be met, in addition to requirements of these Regulations.
2.3. Preliminary Plat Procedure
a. The Subdivider shall file a Preliminary Plat application for consideration prior to filing application for final plat approval.
b. The Subdivider shall submit four (4) copies of preliminary plat drawings to the Clerk of the Development Review Board at least ten days prior to the date of the regular monthly meeting of the Board, which date shall be the official submission date.
c. The application shall be accompanied by a fee, payable to the Town of Wallingford , in accordance with a current fee schedule established by the Board of Selectmen (the Selectmen).
d. The Preliminary Plat shall comply with the requirements set forth in the provisions of Article III, Section 3.2, except where a waiver may be specifically authorized by the Development Review Board.
e. The Subdivider shall attend the Board Preliminary hearing.
f. The Board shall review the Preliminary Plat submitted for conformity of these Regulation.
g. Within forty-five days of the official submission date, the Board shall take action to approve, with or without modifications, or disapprove, the Preliminary Plat. Grounds for any modification required, or for disapproval, shall be stated in the Board minutes.
h. When granting approval to a Preliminary Plat, the Board shall state the conditions with respect to: (1) specific changes which it may require; (2) character and extent of the improvements required for waivers; amount of improvement, and the amount of all bonds which it will require as a prerequisite to approval.
i. The action of the Board, plus any conditions, shall be noted on the four copies of the Preliminary Plat drawings. One copy shall be returned to the Subdivider, and one to the Selectmen.
j. Approval of a Preliminary Plat shall not constitute approval of the Subdivision.
k. Prior to approval of the Final Plat, the Board may require additional changes as a result of further study or new information obtained at the public hearing.
2.4. Final Plat Approval Procedure
a. The Subdivider, after obtaining approval of the Preliminary Plat, shall file application for approval of the Final Plat, along with six (6) copies of drawings of the plat, with the Clerk of the Development Review Board. This shall be done at least ten days in advance of the regular monthly meeting of the Board, which date shall be the official submission date.
b. The application shall be accompanied by a fee, established by the Selectmen, to cover the cost of publishing notices and holding a public hearing. Payment shall be made to the Town ofWallingford.
c. The application shall also be accompanied by construction detail drawings; be endorsed by the Division of Environmental Protection, Agency of Environmental Conservation; include offers of cession to streets and public areas; include other information which the Development Review Board may require. The drawings shall be certified by a land surveyor, licensed by the State of Vermont , and show the location of all required improvements that may be constructed prior to the Final Plat submission.
d. The Final Plat shall comply with the requirements set forth in Article III, Section3.3, except where a waiver may be specifically authorized by the Development Review Board.
e. A public hearing shall be held by the Board within thirty days after the official submission of the plat for approval.
f. The Subdivider shall attend the hearing.
g. The Final Plat shall conform to the Approved Preliminary Plat.
h. The Board may permit the Final Plat to be divided into parts comprising at least twenty percent of the total number of lots on the plat, subject to such conditions as it deems necessary to assure orderly development.
i. Within 30 days following the public hearing:
Either: An engineer acceptable to the Town must file a certificate stating that all required improvements to be constructed by the Subdivider have been designed and inspected and meet standards in the Regulations, and are as required by law,
Or: A performance bond for completion of the required improvements, plus two years maintenance, must be submitted by the Subdivider and approved by the Board as to sufficiency, manner of execution, and surety.
j. To meet the costs of inspection, the Subdivider shall pay to the Town Clerk by certified check an amount equal to one percent of the cost of required improvements, as estimated by an engineer acceptable to the Town.
k. The Development Review Board shall within forty-five days from the public hearing on the Final Plat approve, modify and approve, or disapprove the plat:
(1) If the Final Plat is disapproved, grounds for such action shall be stated in the Board minutes.
(2) If the Final Plat is approved, the Board shall sign the Plat. One copy shall be retained by the Board.
(3) Every Final Plat shall carry the following endorsements:
APPROVED BY RESOLUTION OF THE TOWN OF WALLINGFORD , VERMONT DEVELOPMENT REVIEW BOARD ON THE ____ DAY OF__________ , 20__, SUBJECT TO ALL REQUIREMENTS AND CONDITIONS OF SAID RESOLUTION.
SIGNED THIS_ DAY OF_________ , 20_, BY_
CHAIRMAN
CLERK
l. When the Final Plat is approved the Subdivider shall:
(1) File one approved copy, drawn in permanent black ink on linen tracing cloth or on 100 percent rag content linen record paper, with the Town Clerk within 90 days from the date of approval, or the approval of the Plat will be voided.
(2) File one approved copy with the Selectmen before building permits are made available.
(3) File one approved copy with the Town Listers.
m. The Plat is void if changes are made to it after the Board has endorsed it in writing.
ARTICLE III: INFORMATION REQUIRED PLAN SUBMISSIONS
3.1. The following information shall be submitted with the Sketch Plan:
a. Subdivision name or title, address at which it is located, scale, north point, date, and site location map.
b. Name and addresses of Subdivider and professional advisers, including license numbers and seals.
c. Drawings on sheets size either 8 1/2 x 11 inches, 17 x 22 inches, 22 x 34 inches, or 34 x 44 inches. Scale either 1 inch to 50 feet, 1 inch to 100 feet, or 1 inch to 200 feet.
d. Subdivision boundaries, boundaries of contiguous properties, and names of owners.
e. Existing restrictions on the use of land including easements, covenants, and zoning boundaries.
f. Existing and proposed streets and structures; water courses, marshes, wooded areas, public facilities, and other significant physical features in and near the subdivision.
g. Utilities available, and streets which are proposed, mapped, or built.
h. Proposed pattern of lots, including typical lot width and depth, street layout, open space, systems of drainage, sewerage, and water supply within the subdivided area.
i. Total acreage of subdivision and number of lots proposed.
3.2. The following information shall be submitted with the preliminary plat:
a. Information required under Section 3.1 above, updated and accurate.
b. Contours with intervals of not more than five feet; datum plane shall be that of the U. S. Geological Survey; and grading plan if existing contours are to be changed.
c. Survey of the tract boundary lines and deed description giving bearings and distances, certified by a land surveyor licensed by the State of Vermont.
d. Location, width, and approximate grade of proposed streets.
e. Location, dimensions, area, and number of lots and blocks.
f. Location and dimensions of property to be dedicated for public use.
g. Boundaries of proposed easements over private property.
h. Location of existing sewers, water mains, storm drainage, culverts, with pipe sizes and direction of flow.
i. Location of existing utilities, including gas lines, fire hydrants, electric and telephone facilities, street lights.
j. Proposed provision of water supply, fire protection, disposal of sanitary wastes, storm water drainage and sidewalks.
k. The Preliminary Plat shall also be accompanied by construction detail drawings. All plans shall be subject to approval of an Engineer acceptable to the Development Review Board and include:
1. Plans and profiles showing existing and proposed elevations along center lines of all streets within the subdivision.
2. Plans and profiles showing location of street pavements, curbs, gutters, sidewalks, manholes, catch basins and culverts.
3. Plans showing location, size and invert elevations of existing and proposed sanitary sewers, storm water drains, and fire hydrants; and location and size of water, gas electricity and any other utility or structures.
3.3. The following information shall be submitted with the Final Plat:
a. All information required on the Preliminary Plat, updated and accurate.
b. Sufficient data to determine readily the location, bearing and length of all streets, lots, and boundary lines, referenced to established monuments.
c. Location, dimensions and names of all sites for residential, commercial, industrial, public, nonpublic, dedicated and reserved uses.
d. Location, material and size of monuments.
e. Soil percolation tests shall be conducted in proposed subdivisions where no public sewers area available in accordance with State Department of Health Standards. Test results and their locations shall appear on the Final Plat which is to be approved and recorded.
f. The Subdivider shall submit the following legal data to the Board before any Final Plat can be approved; before acceptance, the Town Attorney shall certify as to their legal sufficiency:
1. Deed description and a map of survey of exact boundary made and certified by a land surveyor, licensed by the State of Vermont , tied into established boundary monuments.
2. Offers of cession dedicating streets, rights of way, and sites for public uses.
3. Copies of agreements showing the manner in which areas reserved for the use of the Subdivision are to be maintained.
4. Draft protective covenants whereby the Subdivider proposes to regulate land use in the subdivision and otherwise protect the proposed Development.
g. Where a performance bond is required by the Development Review Board, the Subdivider shall file with the Town a bond in an amount sufficient to provide for, and secure to the public, the full cost of completion of all streets, other required improvements, and their maintenance for a period of two years. The Board shall specify the time period within which the required improvements must be completed, but in no case for a longer term than three years. The time period shall be expressed in the bond. If any required improvements have not been installed or maintained as provided within the term of such bond, it shall be forfeited and the Town shall install or maintain such improvements.
h. Offers of cession by the Subdivider of all land to be dedicated for streets, rights-of-way, parks, and other sites for public use shall be submitted to the Development Review Board prior to Final Plat approval. The offers of cession shall be in a form satisfactory to the Town Attorney. The Final Plat shall be endorsed with the necessary agreements concerning required easements or releases.
i. An engineer designated by the Development Review Board shall inspect all required improvements prior to acceptance to ascertain whether they have been completed satisfactorily. The Subdivider shall inform said engineer at least 48 hours before such inspection is required and shall not cover any part of an improvement until it has been inspected. 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 acceptance of the improvements. Until “as built” plans have been filed, no performance bond guaranteeing the completion of the improvements shall be released.
j. Every street shown on a plat filed or recorded as provided in these Regulations shall be deemed to be a private street until such time as it has been formally accepted by the Town. No public street, utility, or improvement may be constructed by the Town in or on any street until it has become a public street. Approval of the Final Plat shall not be deemed to constitute or imply acceptance of any street or park shown on the Plat.
k. The Development Review Board may require a written agreement between the Subdivider and the Town covering future title, dedication, and provision for the cost of grading, development, equipment, and maintenance of any open space for the use of the Subdivision.
1. Upon completion of the construction and installation of required improvements in accordance with the approved plans, the Subdivider shall deliver to the Town deeds, abstracts, and easements for streets, water lines, storm sewers, sanitary sewers and other required improvements. Prior to public acceptance of any required improvements, the Subdivider shall submit an affidavit stating that all bills and accounts for material and labor used in the construction of improvements have been paid by him in full.
ARTICLE IV: DESIGN DEVELOPMENT STANDARDS AND REQUIRED IMPROVEMENTS FOR SUB-DIVISION OF LAND
4.1 Planning and Design Standards
a. Subdivisions shall conform to the Zoning Regulations and be in harmony with the Town Plan.
b. Land to be subdivided for building purposes shall be of such character that it can be used without undue danger to health or peril from flood or other menace.
c. Where the Development Review Board finds that because of exceptional and unique conditions of topography, location, shape, size, drainage, or other physical features of the site, or because of the special nature and character of surrounding development, the minimum standards specified herein would not reasonably protect or provide for public health, safety, or welfare, a higher standard shall be required.
4.2 Required Improvements
a. Required improvements shall be installed to the satisfaction of an Engineer acceptable to the Development Review Board prior to approval of the Final Plat, or alternatively, the Subdivider shall post a performance bond.
b. The following are required improvements: boundary markers, roads or streets, sidewalks, traffic signs, road or street signs, street lights, curbs, gutters, water mains, sanitary sewers, storm drains, fire hydrants, and trees; except where the Development Review Board may waive or vary such improvements subject to appropriate conditions.
4.3 Streets – Standards
a. Streets shall be suitably located to accommodate the prospective traffic and to afford satisfactory access for fire fighting, snow removal, and road maintenance equipment.
b. Streets shall be so arranged that they will not cause undue hardship to adjoining properties, and shall be coordinated to compose a convenient system.
c. The arrangement, width, and grade of all streets shall be considered in relation to existing and planned street, topographic conditions, public convenience and safety, and in appropriate relation to proposed land uses.
d. 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 Board may require that streets and lots be laid out to permit future subdivision.
e. A circular turn-around shall be provided at the end of a dead-end street.
f. The minimum setback for residential buildings shall be 50 feet, measured from the center line of the street; for non-residential buildings (other than garage) the minimum setback shall be 65 feet, measured from the center line of the street.
g. Arrangement of streets shall provide for continuation of existing streets between adjacent properties where necessary for convenient movement of traffic.
h. If adjacent property is undeveloped and the street must be a dead-end temporarily, rights 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, with the notation on the plat that land outside the street right of way shall revert to abutting lots whenever the street is continued.
4.4 Required Road, Street, and Sidewalk Construction Standards
a. Roads, streets, and sidewalks shall be installed at the expense of the Subdivider. These shall be installed in accordance with such construction standards as the Development Review Board may specify.
b. Roads and streets shall meet the “Minimum Standards for Town Highways” in the Town ordinance entitled “Standards and Specifications for Construction of Highways – Town of Wallingford, Vermont”.
4.5 Lots – Planning and Design Standards
a. The Subdivision Plan shall show each lot with a satisfactory access to a street.
b. A modification of the Zoning Regulations concerning lot size and shape may be permitted by the Development Review Board to give flexibility of design in the case of a proposed Planned Residential Development.
4.6 Required Easements for Utilities, Drainage, and Access
a. Easements shall be at least twenty feet in width and indicated on the Final Plat.
b. Where conditions are such as to make impractical the inclusion of utilities or drainage facilities within street rights of way, easements shall be proved centered on rear or side lot lines with access to the street.
c. The Development Review Board may require easements for pedestrian access to schools, public open space, or streets, and that a four foot wide paved walk be installed.
4.7 Required Monuments – Boundary Markers
Adequate and appropriate permanent monuments shall be provided in keeping with good and current surveying practice.
4.8 Required Street Name Signs
a. All streets shall be named subject-to the approval of the Board of Selectmen.
b. Street name signs shall be furnished and installed by the Subdivider. The type, size and location shall be subject to the approval of the Selectmen.
4.9 Required Land for Parks and Recreation Purposes
a. Except as hereafter provided, lands comprising at least ten per cent but not to exceed fifteen per cent of the total area to be subdivided shall be reserved for a park or other recreation purposes in a location with suitable access within the subdivision as determined by the Development Review Board.
b. The Board shall require that the Final Plat show a park or other recreation site, and may require that the Developer grade any such recreation areas. Such areas may be dedicated to the Town by the Subdivider, if the Town Board of Selectmen approves such dedication.
c. In the event that the Board of Selectmen does not approve the dedication of such land, all lands designated on the plat as a park and recreation area shall be retained in private ownership and shall be subject to such conditions as the Board may establish on the subdivision, concerning access use and maintenance of such lands as deemed necessary to assure the preservation of such lands for their intended purposes. Such conditions shall be shown on the Final Plat prior to approval and recording.
4.10 Waiver of Recreation Land and Recreation Land Trust Fund
a. In cases where the Development Review Board determines that a suitable public park cannot be properly located in the subdivision, it may waive the requirement. In this event the Board may require, as a condition of Final Plat approval, a payment by the Subdivider of $100. per dwelling unit or lot to a Recreation Land Acquisition and Improvement Trust Fund. Such payment shall be made at the time of Final Plat approval.
b. The Recreation Land Acquisition and Improvement Trust Fund shall be used by the Town either for acquisition of land suitable for a public park or recreation purposes, or for the physical improvement of existing recreation areas.
4.11 Required School Sites
Where a development composed of one or more plats will accommodate over one hundred dwelling units, the Development Review Board may require the designation of a public school site or a payment thereof.
4.12 Required Trees
On a residential lot where no trees exist, at least three new trees shall be planted, located at least five feet outside the right of way. New trees shall measure at least two inches in diameter at a point six inches above finished grade level. Trees shall be hardy, suitable to local soil and climate, and shall be of a species approved by the Town Tree Warden and by the Development Review Board and not in conflict with neighborhood interests.
4.13 Preservation of Natural Features and Trees
a. Outstanding natural features of the site including trees, water courses and falls, historic spots, exceptional views, and similar irreplaceable assets, shall be preserved as far as possible by harmonious design.
b. Topsoil removed in the process of grading the subdivision site shall be replaced, except in proposed streets, driveways, and building locations.
4.14 Required Storm Water Drainage Improvements
a. Adequate storm water drainage systems shall be designed by a licensed engineer acceptable to the Development Review Board, and installed at the expense of the Subdivider.
b. Rights of way for storm water drainage must be sufficient for facilities to handle not only the anticipated discharge from 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 cycle under conditions of total potential development.
c. The Subdivider’s engineer shall study the effect of subdivision on existing drainage facilities down stream. Where it is anticipated that runoff incident to the development of the subdivision will overload existing drainage facilities during a ten year storm, the Board shall not approve the subdivision until provision has been made for improvement of the downstream facility.
d. Where a subdivision is traversed by a water course or drainage way, there shall be proved a storm water drainage easement of such width as to encompass the 25-year flood area of such water course, which easement shall be indicated on the Final Plat.
e. The storm drainage system shall be constructed by the Subdivider in accordance with procedures and standards of the State Department of Health, if such drainage system is to be connected to or served by other municipally maintained drainage systems.
f. Land subject to flooding, or unsuitable for residential occupancy due to flood hazard, shall be set aside for such uses as are not endangered by periodic inundation.
4.15 Flood Land
Flood land, areas bordering on major water courses, and drainage ways, which cannot be used safely for building purposes without danger to health or peril from flood, may be offered as a gift to be used for public park or recreation purposes.
4.16 Required Sewage Disposal Improvements
Either:
a. A sanitary sewer system shall be installed at the expense of the Subdivider and approved by an Engineer acceptable to the Development Review Board.
b. Cast iron or approved type pipe, with minimum internal diameter on mains of eight inches, shall be laid at sufficient depth below finished grade to provide adequate sewage facilities to every dwelling and other structure.
Larger pipes may be required in some cases to provide an adequate system.
c. The system shall be designed and installed in compliance with standards of the State Department of Health.
d. A subdivision sewer system shall be so designed that it will enable the Town to create or extend a sanitary sewer system.
Or:
a. If, in the opinion of the Development Review Board, service to each lot by a sanitary sewer system is not feasible, the Board may allow individual septic tanks to be used.
b. Minimum lot sizes shall be in accordance with Town Zoning Regulations, (see Article III, 5-b for exception,) or Vermont Health Regulations, whichever are greater.
c. The system shall be designed and installed in compliance with standards of the State Department of Health.
4.17 Required Water Supply Improvements
Either:
a. A public water supply system shall be installed at the expense of the Subdivider and approved by an Engineer acceptable to the Development Review Board.
b. Cast iron, or other approved types of water mains shall be laid at least five feet below finished grade, and at least seven feet under highways.
c. The system shall be adequate in size and designed and installed to standards and procedures of the State Department of Health, and so endorsed.
d. A subdivision water supply system shall be so designed that it will enable the Town to create or extend a water supply system.
Or:
a. If, in the opinion of the Development Review Board, service to each lot by a public water supply system is not feasible, the Board may allow individual wells to be used.
b. Minimum lot sizes shall be in accordance with Town Zoning Regulations, (see Article IV, 5-b for exception,) or Vermont Health Regulations, whichever are greater.
c. The system shall be designed and installed in compliance with standards of the State Department of Health.
d. Minimum distances between wells and possible contaminants shall be:
1. No well shall be located within 100 feet of a disposal tile field.
2. No well shall be located within 50 feet of a septic tank or sewer line,
3. Where possible, the well shall be located in the back yard.
4. Where possible, the well head shall be at a higher level than any disposal tile field.
4.18 Required Public Utility Improvements
The following public utility improvements shall be installed at the expense of the Subdivider:
4.18.1 Fire protection: Hydrants to be of the size, type, and location specified by the Vermont Fire Insurance Rating Organization. In the absence of a public water system, a pumping pond or ponds with standpipe, considered adequate by the Fire Warden, shall be provided.
4.18.2 Street lights: Poles, brackets, and lights shall be of a size, type, and location approved by the local power company.
4.18.3 Electricity and telephone: All utility wiring shall be underground, where soil conditions and length of run are suitable, and approved by the local power and telephone companies.
5.1 Appeals
Any interested person may appeal any decision, or any failure to act, by filing notice of such appeal with the Secretary of the Development Review Board, (for definition of “interested person”, and information on appeals procedure, see Vermont Municipal and Regional Planning and Development Act Title 24 (the Act) Chapter 117.
5.2 Severability
The invalidity of any article or section of these Subdivision Regulations shall not invalidate any other article or section thereof.
5.3. Effective Date
These Subdivision Regulations shall take effect 21 days after approval of the Legislative body.
Prepared by:
Wallingford Planning Commission
March, 2009
***************
1 Reprint June 25, 1991
2 Amended March 9, 2009 by the Wallingford Planning Commission
3 Approved by the Wallingford Selectboard June 15, 2009