TOWN OF BARRE, VERMONT

AN ORDINANCE OF THE TOWN OF BARRE, VERMONT
REPEALING THE SUBDIVISION ORDIANANCE
ADOPTED MARCH 7, 1973, AS AMENDED,
AND ADOPTING NEW SUBDIVISION REGULATIONS

WHEREAS, subdivision regulations were adopted as an ordinance by the Barre Town Selectboard on March 7, 1973; and

WHEREAS, the Town Plan adopted by the Barre Town Selectboard on June 30, 1992, suggests policies and practices for guiding the Town's growth; and

WHEREAS, following adoption of the Town Plan the Selectboard appointed town residents to a By-Law Committee whose task was to recommend subdivision and zoning by-law changes implementing provisions of the Town Plan; and

WHEREAS, the Planning Commission, after receiving the By-Law Committee's recommendations, held public hearings on the proposed subdivision ordinance and has subsequently forwarded the ordinance to the Selectboard with a recommendation to adopt.

NOW, THEREFORE, the Selectboard of the Town of Barre hereby ordains:

SECTION 1. That Appendix C, Subdivision Regulations, adopted March 7, 1973, as amended, of the
Code of Ordinances, Town of Barre, Vermont, is hereby repealed and declared null and void and of no effect.

SECTION 2. That the Code of Ordinances of the Town of Barre be amended by adding a new
Appendix C to read as follows:

ARTICLE I. ENACTMENT, PURPOSE, AUTHORIZATION, WAIVERS, DEFINITIONS.

Section 101 - Enactment

In accordance with the Vermont Planning and Development Act, hereinafter referred to as the "Act", 24 V.S.A., Chapter 117, Subchapter 6. By-Laws, there are hereby established Subdivision Regulations. These Regulations shall be known as the "Town of Barre, Vermont Subdivision Regulations". These regulations shall supersede all previous Subdivision Ordinances.

Section 102 - Purpose

The purpose of the Subdivision Regulations is to provide for orderly Town growth, and to further the purposes of the Act, §4302.

Section 103 - Authorization

The Planning Commission is authorized and empowered to administer all acts and things set forth and provided by §4401(b) (2) and §4413 through 4421 of the Act.

                (1)  In granting modifications, variances and waivers, the Planning Commission may attach such other reasonable
                conditions as will, in its judgment, justify such modifications, variances or waivers and still maintain substantially the
                objectives of this ordinance.

                (2) Each and every modification, variance or waiver of the rules and regulations provided in this ordinance sought
                by a Subdivider, shall be specifically applied for, in the numerical order as found in this ordinance, in writing
                by the Subdivider at the time of presenting the plans. Any condition shown on the preliminary or final plan which
                would require a modification, variance or waiver, shall constitute a ground for disapproval of the preliminary or
                final plan unless a written request for such a modification, variance or waiver is accompanied with the plans.

(3) If a discrepancy should exist between the Subdivider Conceptual Plan, Preliminary Plan and the Final
Subdivision Plan, the data contained in the Final Subdivision Plan shall take precedence.

(1) there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot
size or shape, or exceptional topographical or other physical conditions peculiar to the particular property.

(2) if granted, will not result in a change of the intent of the use of the land in the designated zone.

(3) if granted, will represent the minimum variance, waiver, or modification that will afford relief and will represent
the least deviation possible from the subdivision regulations and the Municipal Plan.

(4) if granted, will not create or extend a burden on municipal services including municipal utilities.

The invalidity of any provision of these regulations shall not invalidate any other part.

As used in these regulations, words in the singular include the plural and those in the plural include the singular. The word "person" includes a corporation, unincorporated association and a partnership, as well as an individual. The word "building" includes structures and shall be construed as if followed by the phrase "or part thereof". The word "street" includes avenues, boulevards, courts, expressways, highways, lanes, and roads. The word "watercourse" includes channels, creeks, ditches, drains, dry runs, springs, streams, rivers, lakes, and ponds. The word "may" is permissive; the words "shall" and "will" are mandatory.

ACT. Title 24, Chapter 117, The Vermont Municipal and Regional Planning and Development Act.

ALLEY. A minor right-of-way providing secondary vehicular access to the side or rear of two (2) or more properties.

AUTHORIZED AGENT. A person or group of persons who have been duly authorized in writing filed with the Planning Commission by the subdivider to act in his or her behalf. Said written authorization shall be notarized.

CLEAR SIGHT TRIANGLE. An area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of street sidelines.

COMMISSION. The Town of Barre Planning Commission, hereinafter referred to as the "Commission".

CUL-DE-SAC. A minor street opened at one (1) end only with a provision for a turnaround.

EASEMENT. A non-possessing interest held by one person in land of another whereby the first person is accorded partial use of such land for a specific purpose. An easement restricts but does not abridge the rights of the fee owner to the use and enjoyment of his land. Easements fall into three broad classifications, which are easement, surface; easement, subsurface; easement, overhead.

INTERIOR WALK. A right-of-way for pedestrian use extending from a street into a block or across a block to another street.

RIGHT OF WAY. Any strip or area of land, including surface, overhead, or underground, granted by deed or easement, for construction and maintenance according to designated use, such as for drainage and irrigation canals and ditches; electric power, telegraph, and telephone lines; gas, oil, water, and other pipe lines; highways, and other roadways, including right of portage; sewers; flowage or impoundment of surface water; and tunnels.

SIGHT DISTANCE. The maximum extent of unobstructed vision (in a horizontal or vertical plane) along a street based on acceptable highway standards.

STREET. A strip of land including the entire right-of-way, intended for use as a means of vehicular and pedestrian travel.

(1) Minor streets are those used primarily to provide access to abutting properties. The minimum right-of-way
width shall be 50 feet with wider slope and drainage rights if deemed by the Commission.

                (2) Principal streets are those which, in addition to giving access to abutting properties, intercept minor
                streets and provide routes carrying considerable volumes of traffic to community facilities and to major traffic
                streets, and shall be designed by the Commission at the time the preliminary plan is submitted. The
                minimum right-of-way width shall be 60 feet with wider slope and drainage rights if deemed by the Commission.

                1.  A division of any part, parcel or area of land by the owner or agent, either by lots or by metes and bounds,
                into lots or parcels two (2) or more in number for the purpose of conveyance, transfer, improvement or
                sale with appurtenant roads, streets, lanes and alleys, dedicated or intended to be dedicated to public use,
                or the use of purchasers or owners of lots fronting thereon. A subdivision as defined above includes division
                of a parcel of land having frontage on an existing street, into two (2) or more lots each having frontage on
                an existing street.

                However, in accordance with Title 24, Chapter 117, §4495, these regulations shall not restrict accepted
               agricultural or silvicultural practices as defined by the commissioner of agriculture, food, and markets or the
                commissioner of forests, parks, and recreation, respectively, under 10 V.S.A. §1021(f) and §1259(f).

                2. Any development of a parcel of land (for example, as a shopping center or a multiple-dwelling project),
                which involves the installation of streets and/or alleys, even though the streets and alleys may not be
                dedicated to public use and the parcel may not be divided immediately for purposes of conveyance, transfer or sale.

               4. The term subdivision shall include the Subdivision by Deferral of Permit. A Deferral of Permit is
                required for the subdivision of undeveloped lots when the owner and intended purchaser, if any, does not
                intend to develop the lot for the purpose of constructing any structure or building requiring sewage disposal,
                water supply, or plumbing. A Waiver of Development Rights must be signed by the owner and the intended
                purchaser, if any, and recorded in the Barre Town Land Records.

                Prior to any development on a lot created by Deferral of Permit a subdivision permit must be obtained
                complying with the standards and rules of the town's subdivision regulations. If the lot(s) can not meet
                the regulations in effect at the time of the request to remove the Deferral of Permit, a permit will be denied
                and no building development will be permitted.

Whenever any subdivision of land is proposed to be made, before any contract for sale of such subdivision or any part thereof is made or before any permit for erection of a structure in such proposed subdivision is granted, the subdivider shall apply in writing to the Planning Commission for and secure approval of the proposed subdivision.

Notice of submission for Commission approval of a subdivision plan shall be filed in writing by the owner or their agent with the Planning & Zoning Administrator, who shall notify the Chairman of the Commission. There are three levels of subdivision plan filing; 1) Subdivision Conceptual Plan; 2) Subdivision Preliminary Plan; and 3) Subdivision Final Plan. A Deferral of Permit may be filed as part of a Subdivision Preliminary Plan and a Subdivision Final Plan.

The Subdivision Conceptual Plan is not mandatory, however, it is recommended that the owner or their agent submit these plans as part of the application review process for consideration and review by the Planning Commission prior to submitting Preliminary and Final Plans. A warned public hearing is required for all Final Plans. The Commission, after a public hearing(s), may approve, modify and approve, or disapprove such Final Plan.

Where these subdivision regulations require on-site testing as part of the required information, the subdivider or their representative shall notify the Planning & Zoning Office of the program for said testing. Said notification shall indicate the types, location, and the persons performing said tests. Such notification shall be through written or verbal communication, filed with the Planning & Zoning Office at least 72 hours prior to the beginning of any tests. The Planning Commission may send a representative to observe said testing. The Planning & Zoning Office shall be notified of any changes in scheduling as soon as possible.

The applicant shall submit to the Planning & Zoning Office for the consideration of the Commission the following exhibits:

                A. The Subdivision Plan, for the parcel to be subdivided shall be prepared and submitted in accordance
                with the Subdivision Requirements hereinafter set forth in the regulations, with a location map clearly
                showing the location of the proposed subdivision in the Town.

                B. The applicant shall obtain approval from the appropriate town official for sewage disposal and be in
                compliance with the Barre Town Code Ch. 8 Utilities, Article II Sewage or Chapter 4. Health,
                Article III On-Site Wastewater Disposal Systems based on whether or not the subdivision involves
                municipal sewer service or private on-site wastewater disposal systems.

                    A written report on both percolation tests and soil testing to determine the soils characteristics,
                depth to ledge and depth to the seasonal high ground water table for all on-site wastewater disposal
                systems shall be provided.

                C. All applications shall be accompanied by a statement indicating the method(s) of supply of
                potable water to the proposed subdivision and also show the approximate location. If on-site water
               supply(ies) is not proposed, engineering evidence shall be submitted to substantiate the proposed
                method of water supply.

D. Any studies, reports or testing performed for the subdivision may be requested by the Planning
Commission for consideration and review.

Each application shall be accompanied by the appropriate fee, payable to the Town of Barre. The Board of Selectmen shall, from time to time, establish reasonable subdivision application fees to compensate the Town for its cost of subdivision review. The Selectmen's fee schedule may compensate for inspection costs, or the Selectmen may require the applicant to pay the Town's actual inspection costs. The fee schedule may include non-building lots. The subdivider/ developer/applicant shall be responsible for the actual cost associated with notification by certified mail of all abutting property owners.

If the proposed subdivision lies wholly or in part in a Fire District, then the applicant shall submit two (2) copies of the application and exhibits to the Prudential Committee of the Fire District for consideration by said committee for use of utilities and public safety. Said filing with the Fire District shall be done at the same time as filing with the town. The Planning Commission shall consider any suggestions and recommendations made by the Prudential Committee of the Fire District.

In accordance with the Act, §4414, a public hearing shall be held by the Commission after fifteen (15) days' public notice. Public notice shall be done in accordance with §4447 of the Act. A copy of said notice shall be mailed to the applicant, to the Regional Planning Commission, to the neighboring landowners who, in the opinion of the Commission, will be affected by the proposed subdivision, and to the clerk of an adjacent municipality in the case of a plan located within five hundred (500) feet of a municipal boundary. Notice to all abutters shall be by certified mail with the cost of such borne by the applicant/subdivider.

In accordance with the Act, §4415, the Commission will either approve, modify and approve, or disapprove the application within forty-five (45) days after the public hearing held under Section 205 of these regulations. Failure to so act within forty-five (45) days shall be deemed approval and shall be so certified by the office of the Town Clerk.

An interested person, as defined in the Act §4464, may appeal a decision of the Planning Commission to the Washington Superior Court in accordance with §4475 of the Act.

In accordance with the Act, §4416, the approval of the Planning Commission, or certification by the Town Clerk of its failure to act within forty-five (45) days, after public hearing shall expire ninety (90) days from such approval or certification unless, within such ninety-day period, such plan shall have been duly filed or recorded in the office of the Clerk of the municipality. No plan showing a new street or highway may be filed or recorded in the office of the Clerk of the municipality until it has been approved by the Planning Commission and such approval is endorsed in writing on such plan or the certificate of the Clerk of the municipality showing the failure of the Planning Commission to take action within the forty-five day period is attached thereto and filed or recorded with said plan. The fee for filing or recording said plan shall be paid by the applicant.

The copy of the Final Subdivision Plan for record shall be in accordance with 27 V.S.A. 1404, or for filing in accordance with 27 V.S.A. 1403.

No plan of a subdivision of land laid out wholly or partly within the limits of the Town of Barre shall be filed or recorded in the Office of the Town Clerk of Barre until the Commission, except as otherwise provided by statute, shall have approved such plan and the fact of such approval is endorsed thereon as provided in the foregoing section. The provision of this Section shall not apply to maps made by a land surveyor for the sole purpose of establishing boundaries already on record or where the same is merely intended as an outline survey showing only the exterior boundaries of such unmapped land that has not been divided in violation of these regulations or of the Zoning Ordinance of the Town of Barre, Vermont.

The approval or filing for record of any Final Subdivision Plan shall not be deemed to constitute or to be evidence of an acceptance by the public of any street or other open public spaces shown on such plan or map. Such acceptance shall only be by formal resolution adopted by the Town Selectmen, which resolution shall set forth the fact of such acceptance for public purposes; the width and exact length of the streets accepted together with the designations of the names which such streets shall thereafter be known.

If the application and plan are disapproved, the Commission shall return, without endorsement, the Preliminary Plan or the Final Subdivision Plan as submitted by the applicant together with a statement of its reasons for such disapproval. One (1) print of said plan shall be retained for the record of the Commission.

In accordance with the Act, §4418, no plan may be approved unless the streets and other required public improvements have been satisfactorily installed in accordance with the plan and the Subdivision Regulations. In lieu of the completion of the required public improvements, the Planning Commission may require from the owner for the benefit of the municipality, a performance bond issued either by a bonding or surety company approved by the Board of Selectmen or by the owner with security acceptable to the Board of Selectmen, in an amount sufficient to cover the full cost of said new streets and required improvements on or in said streets or highways. Such bond or other security shall provide for, and secure to the Town, the completion of any improvements which may be required within the period fixed in the Subdivision Regulations for such completion.

A performance bond required by Section 211 of these regulations shall run for a term to be fixed by the Planning Commission, but in no case for a longer term than three (3) years. However, the term of such bond may, with the consent of the owner, be extended for an additional period not to exceed three (3) years. If any required improvements have not been installed as provided within the term of such performance bond, such bond shall be forfeited to the municipality and upon receipt of the proceeds thereof the municipality shall install or maintain such improvements as are covered by such performance bond.

Violations of these regulations shall be regulated in §4444 and §4445 of the Act.

A. A Subdivision Conceptual Plan may be presented to the Commission for consideration prior to submission of a formal application to enable the Commission to consider the proposed subdivision. There is no fee or formal application required, but written notice must be given to the Planning & Zoning Office so that the Planning Commission can be notified of the request for consideration. All applicants are strongly encouraged to submit a Conceptual Plan. It is recommended to use the tax maps as a basis for the presentation and sketch. At a minimum, the Conceptual Plan shall include the following:

                                                a. Name of landowner;
                                                b. Tax Map number and Lot number of original parcel;
                                               c. Dimensions of perimeter of original parcel;
                                                d. Proposed lot sizes and boundary lines;
                                                e. Road frontage or vehicular access to lots;
                                                f. Number of lots to be created;
                                                g. Location and name of street(s) or road(s);
                                             h. Sketch approximate locations of existing dwellings, buildings, water supply(ies) and                                                      sewage disposal services.

A Subdivision Preliminary Plan must be presented to the Commission for consideration prior to submission of a final subdivision application to enable the Commission to consider the proposed subdivision.

A. The Applicant shall file with their application and Preliminary Plan a written statement reciting the nature and extent of any private restrictions and any other requirements which are proposed for incorporation in the deeds to individual lots.

                B. The plan shall be twenty-four by thirty-six inches (24" x 36") outside dimensions with an appropriate margin.
                The Site Plan shall be drawn to any standard engineering scale, which will allow the entire study area to be
                presented. Subsequent detailed sheets shall be drawn to a scale of not less than one inch equals forty feet (1" = 40').

Five (5) prints of the Plan and associated detailed sheets, if any, which shall be clearly and
legibly drawn, shall be submitted and filed with the Planning Commission.

(1) The proposed tract name or other designation by which such development shall be
known shall be indicated on the Plans.

                                (2)  The location and approximate dimensions of all existing property lines; the approximate
                                location and size of all permanent buildings and their present or proposed future usage;
                                the location and approximate dimensions of all existing and proposed wastewater disposal
                                systems and on-site sewage disposal systems; the location of significant or pertinent natural
                                resources or man-made features including forested areas, water courses and railroads; the
                                location of all existing and proposed utility lines including sewer, storm drain, telephone, gas,
                                electric, cable, etc; show the location of all existing and proposed water supplies including
                                water mains, drilled wells, and springs; location of proposed structures/buildings. The line of
                                mean high water shall be shown thereon in case the subdivision is adjacent to a body
                                of water. The boundaries of the floodplain shall be shown thereon in case the subdivision is
                                adjacent to or lies within the floodplain.

                                (3)  All existing streets, abutting, adjoining or crossing the proposed subdivision. All proposed
                                new streets; the radii of all curves; the dimensions of all lots within the limits of the subdivision
                                together with the names of all adjoining property owners as nearly as the same may be ascertained,
                                shall be shown on the plan.

(4) The name of the owner(s) and/or subdivider of the land to be subdivided; the name of the
land surveyor, engineer or preparer of such Subdivision Preliminary Plan.

(5) The approximate width and locations of all existing or proposed easements and public
property for drainage, sewerage or public utilities, public areas, parks or playgrounds, if any.

                                (6)   Contours at vertical intervals of five (5) feet, larger contours allowed at the discretion
                                of the Planning Commission, shall be shown to determine the proper location of streets storm
                                and sanitary sewers, drainage facilities and other construction. The elevation of such contours
                                shall refer to the U.S. Coast and Geodetic Survey bench marks when such bench marks are
                                within reasonable distance of the location. If other datum plane is used, the plan shall so indicate
                                and give a description of each bench mark.

                                (7)  The zone or zones in which the subdivision lies as established by the Town Zoning Ordinance.
                                In case a zone boundary lies within the limits of the proposed subdivision, its approximate location
                                shall be marked and clearly identified thereon.

                                (8)  All parcels proposed to be deeded to the Town of Barre shall be accompanied by a
                                statement on the plans of the purpose for the use of such parcel(s) and the conditions of such transfer,
                                if any.

                                (9)   Profiles of proposed streets, showing existing and proposed grades. Lengths of vertical
                                curves shall be shown and elevations indicated at fifty (50) foot intervals along said curves. The
                                horizontal scale of the profiles shall be forty (40) feet to one (1) inch; the vertical scale shall be four
                                (4) feet to one (1) inch. Profiles shall also show the size and location of existing and proposed
                                storm drains, water mains, sewer lines and appurtenances thereto. Lines indicating existing
                                conditions shall be dashed; lines indicating proposed grades shall be solid. All elevations shall
                                refer to the U.S. Coast and Geodetic Survey bench marks. If other datum plane is used, the
                                plan shall so indicate and give a description of each bench mark.

(10) Each plan shall have a locus showing surrounding area and identifying parcel being subdivided
and how the parcel relates to area. Date, north arrow and scale.

(11) If any the foregoing information may not practically be shown on the plan, it shall be contained
in a signed written statement.

The plan shall be twenty-four by thirty-six inches (24" x 36") outside dimensions with an appropriate margin. The Site Plan shall be drawn to any standard engineering scale, which will allow the entire study area to be presented. Subsequent detailed sheets shall be drawn to a scale of not less than one inch equals forty feet (1" = 40').

Five (5) prints of the Plan and associated detailed sheets, if any, which shall be clearly and legibly drawn along with the mylar(s) of the Final Plan(s), or equivalent material, shall be submitted and filed with the Planning Commission.

B. Plan Data and Requirements. The Final Subdivision Plan shall conform to, contain and show the following:

(2) The title of the subdivision, north arrow, scale, date and the name of the owner or owners,
the name of developer.

                                (3)  A certificate from a licensed surveyor who prepared such plan, certifying that it is correct
                                and made from actual land survey with the surveyor's seal affixed thereto accompanied by
                                the date and surveyor's signature. The deeds, plans, and/or records used by the surveyor
                                in preparing the land survey plan shall be identified on the plan.

                                (4)  The boundary lines of the subdivision with courses and distances marked thereon as
                                determined by an accurate land survey. The error of closure of the unbalanced survey must
                                not exceed one (1) to five thousand (5,000).

                                (5)  The length, bearing or direction of all straight lines, deflection angles, radii, arcs and
                                central angles of all curves along property lines of each street, all established building lines
                                and all dimensions along the lines of each lot, all duly balanced so as to be consistent
                                throughout with the courses and distance of the boundary lines. All dimensions shall be
                                shown in feet and decimals of a foot to the nearest hundredth.

                                (6)  The lines of all easements or rights-of-way to which any lots are subject shall be
                                denoted by fine dotted lines. The limits of easements or rights-of-way shall be definitely
                                stated and clearly labeled and identified.

                                (7)  Stone or concrete bounds shall be set on the exterior street lines at locations designated
                                by the Planning Commission. Such bounds shall be set in bank gravel with their tops at the
                                proposed finished surface grade, unless the Town Manager directs otherwise. Bounds shall
                                be not less than four (4) feet long, and not less than four (4) inches square, with the top flat
                                surface. They shall be set accurately on the street lines. A control point shall be placed
                                clearly and permanently in the top of each bound. The accuracy of location of such monuments
                                shall be certified in writing by the land surveyor making the Final Subdivision Plan.

(8) Town boundary lines which cross or adjoin the subdivision shall be tied in and be
clearly designated on the Final Subdivision Plan, if such information is available.

(9) Design Plans prepared by a professional Engineer or Certified Site "B" Technician must
be accompanied by the preparer's certification, signature and date.

A Plan of the lot or lots involved with a deferral of permit must be included with the application in accordance with Section 303 - Subdivision Final Plan A. Material Requirements, of these regulations.

A. Plan Data and Requirements - the following information shall be included on the plan:

                                (4)  A certificate from a licensed surveyor who prepared such plan, certifying that it is
                                correct and made from actual land survey with the surveyor's seal affixed thereto, and
                                signed and dated.

(5) The remaining acreage in the parcel from which the deferred lot is being subdivided.

                                (6) Points of reference on the plan to assist in locating the lot including the name and
                                number of highways, north arrow, abutting property owners, and other land(s) owned
                                by the purchaser, retaining owner, or seller.

(9) Locus showing surrounding area and identifying parcel being subdivided and how
the parcel relates to the area.

All subdivisions shall conform to the existing Municipal Town Plan and regulations within the Barre Town Code, including but not limited to the Zoning Ordinance, Highway Ordinance, Health Ordinance related to On-Site Wastewater Disposal Systems, and Utility provisions. In addition, all subdivisions shall conform to other Barre Town ordinances and plans in effect at the time of seeking Subdivision Final Plan approval.

All plans, proposals and plats for new streets or major changes in the location, alignment, or changes in the classification of a roadway shall be in accord and compliance with the Town of Barre Highway Ordinance in effect at the time of the subdivision and shall be submitted to the Planning Commission for review and comment.

The Town of Barre Highway Ordinance shall be referred to for the specific minimum standards as well as the road acceptance policy.

The arrangement of proposed streets shall in general provide for the continuation of existing streets without off-sets and with widths at least as great those of existing streets. Where such straight continuations are not practical, continuations may be adjusted by reasonable curves or deflection angles, subject to the approval of the Commission. Where a subdivision touches or contains streets proposed on the existing Municipal Plan, the layout within the subdivision shall conform thereto.

A. No street shall be proposed less than fifty (50) feet in width between property lines. Principal streets shall be at least sixty (60) feet in width.

B. Right-of-Ways for vehicular access or driveways serving more than one (1) dwelling should not be permitted.

C. Whenever any proposed subdivision shall adjoin another tract of acreage which tract is a potential subdivision, right-of-way that may logically be developed in the event of the future subdivision of such adjoining acreage, shall be required to be planned to extend through to the boundary line of the adjoining acreage.

D Unless enclosed on two (2) or more sides by obstacles, streets arranged in squares, ovals, and circles, etc. must have at least two (2) street connections at points substantially opposite to each other on the perimeter of each square, oval, or circle. One (1) of these street connections may extend to the undeveloped acreage.

E. There shall be no more than one (1) access per lot to a public road in all residential districts. There shall be no more than one (1) access per dwelling if located on more than one (1) lot.

                    (1) If it is determined after review by the Town Engineer, after consideration of the functional
                        classification of the road, site distance, safety, width of the curb cut, drainage, topography,
                        and any other pertinent factors that a recommendation be made to the Planning Commission
                        for the granting of an exception for a second driveway access. The Planning Commission
                        would then act on the recommendation in considering granting
                        approval of the request.

No subdivision showing a reserve strip for unspecified purposes shall be approved. The Planning Commission may disapprove any reserve strip shown on a plan.

Dead-end streets are discouraged. If the Planning Commission approves a dead-end street, approval shall be based on the minimum standards of the Barre Town Highway Ordinance.

No lot or part of a lot may be placed in such a portion of the dead-end street as to prevent future extension of the street.

                When topographic, physical, or natural conditions make it improbable at the time to extend the road
                or connect it with another proposed or existing road, Dead-end Streets may be permitted with lots
               proposed off the end of the street.

A. Intersecting streets shall be laid out at such intervals that block lengths between street lines are not more than eight (8) minimum lot frontages as required by the Zoning Ordinance of the Town of Barre for the area being subdivided, except when existing conditions in the opinion of the Commission justify a variation from this requirement. Minimum widths of blocks shall generally be not less than two hundred thirty (230) feet between street lines in residential areas. The long side of blocks shall face the main or more important thoroughfare to reduce the number of intersections thereon.

B. Pedestrian ways, a minimum of ten (10) feet in width, may be required by the Commission through blocks over six hundred (600) feet in length, or to connect dead-end streets, to provide easier access to parks, schools, playgrounds, or other public or semi-public places, such pedestrian ways shall be deeded to the Town.

C. Permanent easements may be required within blocks at the discretion of the Commission.

D. The minimum block length shall be not less than four (4) minimum lot frontages as required by the Zoning Ordinance of the Town of Barre for the area being subdivided.

A . LOTS. All lots shall conform to the requirements of the Zoning Ordinance of the Town of Barre for the particular zone in which they are located. When a lot is on a street turn, the Commission may permit a reduction in the lot frontage (not to exceed fifty (50) percent for the particular zone in which it is located) provided the sidelines fan out so that the width of the rear line is not less than one hundred and fifty (150) percent of the required frontage and the lot area meets the minimum requirements for the zone.

B. LOTS PROHIBITED. Lots without frontage on a street are prohibited. All lots shall be suitable for the purpose for which they are intended to be used and no area dangerous or injurious to health or subject to inundation shall be subdivided into individual lots for residential purposes.

All development of any lot containing a stream, river, lake, pond, or other watercourse or body of water shall provide for and maintain a minimum setback of fifty (50) feet as measured from the edge of the watercourse or body of water to all such development, (including but not limited to structures, driveways, site preparation, excavation, and grading).

No lot (other than a corner lot) having frontage on two (2) streets less than two hundred thirty (230) feet apart will be approved except where topographic or other physical conditions so require.

C. SIDE LOT LINES. Insofar as practicable, the side lot lines of all lots shall be at right angles to the street on which the lot faces or radial to curved street lines and when such arrangement is not possible, the angle between the side lot line and the street line shall be shown, when possible. Town boundary lines shall not be considered to constitute a property boundary line in the proposed subdivision, unless it is the subdivider's intent to do so.

D. LOT NUMBERS. All lots shall be numbered beginning with the numeral one (1) and shall continue consecutively throughout the entire subdivision with no omissions or duplications. No fractions and no prefix or suffix such as "1A", "B2", or "C" shall be used. All lot numbers shall be conspicuous and centered in the approximate center of the lots in solid black numerals one-quarter inch high on the final subdivision plan.

E. The use of all lots within a subdivision must be clearly specified on the plans and any parcels intended to be conveyed must be accompanied with assurance for such conveyance.

All proposed streets shall bear tentative names which shall not duplicate the names used to designate any other street in the Town of Barre. The tentative names of all proposed streets shall be subject to the approval of the Commission.

A sign for a development may be erected and shall be permitted on street corners if located outside of the Town Road Right-of Way. The sign must be constructed in accordance with the provisions of the Barre Town Zoning Ordinance and no sign shall be permitted to interfere with traffic, safety or obstruct visibility along roadways.

The Planning Commission may require the laying out of adequate local parks and playgrounds in residential areas to be dedicated to public use or to be reserved for the common use of all property owners by covenant in the deed, and subject to the control of the Town under conditions approved by the Selectmen of the Town of Barre. If such required park space is not available within the subdivision the Planning Commission may require payment to the Town, in the amount to be determined by the Selectmen, which shall be used to establish a neighborhood recreation facility.

Where a subdivision touches or contains sites proposed for public buildings in the Municipal Plan of the Town of Barre in force on the date the subdivision plan is filed, the layout of the site shall conform thereto.

Within three (3) years of the approval of the Final Subdivision Plan, the applicant, owner, or developer thereof shall complete the following minimum improvements:

A. All proposed streets shall be laid out, graded, and constructed their entire length and full width of right-of-way in accordance with the approved design plans on record on the date of the Commission approval.

B. All necessary storm drains, culverts, and bridges that are required for the proper development of the site shall be built at the sole expense of the applicant, owner or developer. Storm drains shall include all necessary pipelines, manholes, catch basins, sufficient and adequate to provide proper drainage as per approved plans on record on the date of the Commission approval.

C. If sanitary sewers, storm drains, and water mains exist in any street adjacent to any development or if the Town or Fire District should extend a utility to a point adjacent to the development, the developer shall provide and connect like utilities to said system, as directed by the Town, with the concurrence of the owner of said utility.

D. Street signs showing the names of the intersecting streets shall be erected at each intersection. Such signs shall be furnished by the Town to the owner or developer at actual cost.

E. The monuments are to be set in place in accordance with Section 303B.(7) of these regulations after all street development is completed.

F. The bituminous surfacing indicated on the typical cross section of the approved plans shall be applied by, and paid for by the developer. This work will be inspected by and meet the approval of the Town Engineer. This requirement in whole or in part may be waived by the Planning Commission in Residential C Zone only.

G. Where lands are to be dedicated for public use, the dedication shall take place within three (3) years and three (3) months of the date of final approval.

Upon written request to the Planning Commission an extension may be granted to the completion date.

Construction specifications with regard to roads, catch basins, drop inlets, and manhole covers and grates shall be as noted in the supplemental standards to these regulations and as found in the Barre Town Engineer's Office and the Barre Town Highway Ordinance. The Town Engineer may recommend equivalent specifications and standards. The categorical standards are as follows: Sewer; Water; Road Construction; Drainage.

All land to be subdivided shall be, in the judgment of the Commission, of such a character that it can be used for building purposes without danger to public health or safety, or to the environment. Land subject to periodic flooding, poor drainage, inadequate capability to withstand structures, including streets, utilities, and buildings, or other hazardous conditions, shall not ordinarily be subdivided.

In order to conserve energy, all subdivisions should use the least areas of roadway and the least length of sewer, water, and utility lines within environmentally and economically sound limits. Buildings are encouraged to be sited so as to take advantage of southeast, south and southwest orientations where possible. Effective use of landscaping for providing wind barriers and reducing heat loss and heat gain are encouraged. Cluster development should be encouraged wherever feasible and desirable.

Due regard shall be given to the preservation and protection of existing features, trees, scenic points, brooks, streams, rock out-croppings, water bodies, other natural resources, historic resources, and preservation of ridge lines.

A Easements: The Commission may require that underground utilities be placed either in the street right-of-way between the paved roadway and street line or placed horizontally underneath the roadway. Where inclusion of utilities is not to be in the street right-of-way, a perpetual, unobstructed easement shall be provided with satisfactory access to the street. A minimum width of ten (10) feet shall be provided in areas where the easement is located adjacent to and running along the street right-of-way. A minimum width of thirty (30) feet shall be provided in all other areas.

B. Extension of Municipal Utilities: All subdivisions shall make adequate provisions to utilize existing municipal services for water supply, storm water, and sanitary sewage disposal, and required utilities and improvements. Provision should be made to extend such services to adjoining properties.

C. Water Supply Improvements: The Commission may require that a community water supply system unconnected to municipal systems be designed in such a way that it may eventually be connected to a public municipal water supply system.

The subdivider shall coordinate the subdivision's design with the utility companies and submit a plan prepared with their cooperation showing all line extensions necessary to serve the subdivision. Such plan shall be integrated with a systematic program for distribution of service to the entire area around the subdivision now or in the future. Common right-of-ways shall be utilized whenever possible and, when technology and terrain make it economically feasible; distribution systems should be built underground.

Fire protection within the subdivision shall be provided to the satisfaction of the Commission. In making a determination the Commission may consider recommendations of the Barre Town Fire Chief. In areas served by an existing fire hydrant system, the subdivider may be required to extend the fire hydrant system and install additional fire hydrants.

An adequate surface storm water drainage system for the entire subdivision area shall be provided. Such system must provide for the displacement of water on-site and not adversely affect adjacent property and landowners owners. The subdivider may be required by the Commission to carry away by pipe or open ditch any spring or surface water that may exist either previous to or as a result of the subdivision. A culvert or other drainage facility shall, in each case, be large enough to accommodate potential run-off from its entire upstream drainage area, whether inside or outside the subdivision.

Where it is anticipated that additional run-off incidental to the development of the subdivision will overload an existing downstream drainage facility so that there will be drainage to private property or an increase in the expenditure of public funds, the Commission shall not approve the subdivision until provision has been made for the improvement of said condition.

Where a subdivision is traversed by a water course or drainage way, there shall be provided 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 Plan.

The Subdivision Final Plan shall show existing ground contours and proposed final contours, after implementation of the drainage plan.

A. NATURAL COVER: Land shall be subdivided and improved in reasonable conformity to existing topography in order to minimize grading, cut and fill, and to retain, insofar as possible, the natural contours, limit storm water runoff and conserve the natural cover and soil. After application for approval has been made to the Commission, no topsoil, sand, or gravel shall be removed from the subdivision for any other purpose than to meet the construction needs for that particular subdivision or to meet any requirements of these regulations.

B. EROSION AND SEDIMENT CONTROL: The smallest practical area of land should be exposed at any one time during development. Land should not be left exposed during the winter months. Where necessary temporary vegetation and/or mulching and structural measures may be required by the Commission to protect areas exposed during the development. A soil erosion control plan shall be submitted as part of the Final Plan based on accepted standards and measures for soil erosion control as noted in the Vermont Handbook for Soil Erosion and Sediment Control on Construction Sites, Special Publication No. 3, Vermont Geological Survey, Agency of Environmental Conservation, Department of Water Resources and Environmental Conservation, last revised 1987.