Section 110. Enactment

Whereas the Town of Mendon, has created a Planning Commission and has adopted and has in effect a plan under Vermont Municipal and Regional Planning and Development Act, 24 V.S.A. Chapter 117, herein referred to as the Act, there is hereby established subdivision regulations for the Town of Mendon.

Section 120. Title

These regulations shall be known as the "Town of Mendon Subdivision Regulations".

Section 130. Purpose

The purpose of these regulations is to provide for orderly growth and coordinated development in the Town of Mendon; to assure the comfort, convenience, safety, health, and welfare of the people; to carry out the purposes of the town plan; to assure conformance with the Zoning regulations and capital budget and program; to make proper provision for drainage, water, sewerage, utilities, streets, recreational facilities, open space and other improvements; to recognize a desirable relation to land form, its topography and geology, to natural drainage and surface water runoff, and to the ground water table; to preserve natural assets; and to further the purposes of Subsection 4401 of the Act.

Section 140. Authority

The Commission is hereby authorized and empowered to do all acts and things set forth and provided in Subsection 4401 (b)(2) and Subsection 4413-4421 of the Act including but not limited to the approval, modification, or disapproval of all plats filed and the approval of the development of such plats previously filed in the municipal clerk's office if such plat or plats are entirely or partially undeveloped prior to the adoption of these subdivision regulations.

Section 150. Waivers and Variances

150.1   Where the Planning Commission finds that extraordinary and unnecessary hardships may result from strict compliance with these regulations or where there are special circumstances of a particular plat, it may vary these regulations so that substantial justice may be done and the public interest secured.

150.2   Where the Planning Commission finds that, due to the special circumstances of a particular plat, the provision of certain required improvements is not requisite in the interest of public health, safety, and general welfare, or is inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the proposed subdivision it may waive such requirements, subject to appropriate conditions.

150.3   In granting variances and modifications, the Planning Commission shall require such conditions as will, in its judgment, secure substantially the objectives of the requirements so waived or varied.

150.4   No such waiver or variance may be granted if it would have the effect of nullifying the intent and purpose of the Town Plan, the Zoning Regulations, the Capital Budget and Program, or these Subdivision Regulations.

Section 151. Conditions

The Planning Commission may impose reasonable conditions on the subdivision of land for the design, dedication and improvement of land so as to conform to the physical development of Mendon and for the safety and general welfare of the future plot owners in the subdivision and of the community at large.

Section 160. Amendments

These regulations may be amended according to the requirements and procedures established in sections 4403 and 4404 of the Act.

Section 170. Enforcement, Violations and Penalties

These regulations shall be enforced in accordance with sections 4444 and 4445 of the Act.

Section 180. Severability

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

Section 181. Conflicts

These Regulations are not intended to interfere with or abrogate any other ordinance, rule or regulation, statute, or other provision of law.  Where any provision of these Regulations imposes restrictions different from those imposed by any other provision of these Regulations or any other ordinance, rule, regulation, or other provision of law, those provisions which are more restrictive or impose higher standards shall control.

Section 190. Effective Date

These regulations shall take effect immediately after adoption at a duly warned regular or special town meeting.

ARTICLE II:  SUBDIVISION APPLICATION AND APPROVAL PROCEDURE

Section 210. Application of Regulations

Whenever any subdivision of land is proposed to be made, before any contract for sale of such subdivision or any part thereof is made, before any grading, clearing, logging, construction or other improvement is undertaken, 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.

Section 220. Submission of Sketch Plan and Letter of Intent

220.l         Any owner of land shall, prior to submitting an application for subdivision of land, submit to the Chairman of the Planning Commission at least l5 days prior to the regular meeting of the Planning Commission, two copies of a Sketch Plan of the proposed subdivision which shall show the proposed layout of streets, lots and other features sketched roughly on a print of a survey of the property with contour lines of no more than ten (l0) feet as well as a vicinity map showing the general location of the property in relationship to the surrounding area.

220.l5       In addition to the above Sketch Plan, the prospective applicant shall also submit two (2) copies of a letter of intent to subdivide.  The letter shall include: 

l.        Name and address of the applicant(s)

2.       Name and address of the owner(s)

3.       USGS map showing the location of the proposed subdivision

4.       Names of all property owners within 200 feet

                             5.       A short narrative describing the site and indicating the proposed number of lots; the existing zoning; proposed phasing, if any; proposed access; a tentative schedule for application for preliminary plat approval; projected completion dates of each phase and of the project as a whole; and date of Act 250 filing, if possible.

220.l7       The prospective subdividers application is complete only when the above two items and two copies of a completed Sketch Plan Information Form is submitted to the Chairman of the Planning Commission.  The chairman will then schedule the item on the agenda of the next plan commission meeting for discussion.

220.2        The subdivider, or his duly authorized representative, shall attend the meeting of the Planning Commission to discuss the requirements of these regulations for street improvements, drainage, sewerage, water supply, fire protection ,and similar aspects, as well as the availability of existing services and other pertinent information.

220.3        At this meeting the Planning Commission will classify the Sketch Plan into one (l) of two (2) categories as defined in Article V.

Minor Subdivision

Major Subdivision

220.4        The Commission shall study the Sketch Plan to determine whether or not it conforms to, or would be in conflict with the Town Plan; the Zoning Regulations; the Capital Budget and Program; developments proposed by any public agency; existing private and public development, facilities and services; and for any special problems that may be encountered.

220.5        The Commission shall determine whether the Sketch Plan meets the purposes of these Regulations and shall make specific written recommendations for changes.

220.6        Where a subdivider submits a proposed Planned Unit Development, the requirements of section 4407 (l2) of the Act shall be met, in addition to requirements of these Regulations and the Zoning Regulations.  The requirements set forth in Section 4l2 of the Zoning Ordinance will be in addition to those set forth in this regulation.

Section 230. General Procedures for Minor Subdivisions

The Commission may require where necessary for the protection of public health, safety, and welfare, that a Minor Subdivision comply with all or some of the requirements specified for major subdivision.

230.l         Within six (6) months of classification by the Planning Commission of the Sketch Plan as a Minor Subdivision, the subdivider shall submit an application for approval of a subdivision plat according to the procedures and requirements of Article II, Section 260, review and approval of Final Plat.

The plat shall conform to the layout shown on the Sketch Plan plus any recommendations made by the Commission.

            230.2        The fee for plat approval for Minor Subdivisions shall be set by the legislative body.

            230.3        The Planning Commission may combine the Sketch Plan and Final Plat procedures for minor subdivisions into a single hearing provided that , prior to the hearing:

                             (a)     the matter has been warned as provided by law; and

                             (b)    the planning commission is in possession of all information required by sec. 220 and sec. 260 hereof.

Section 240. General Procedures for Major Subdivisions

240.l         Within six months after classification of the Sketch Plan as a Major Subdivision by the Commission, the subdivider shall submit an application for preliminary approval of a Preliminary Plat according to the procedures and requirements of Article II, Section 250, review and Approval of Preliminary Plat.  Failure to do so shall require resubmission of the Sketch Plan to the Commission for reclassification.  The plat shall conform to the layout shown on the Sketch PLan plus any recommendations made by the Commission.

240.2        The fee for plat approval for Major Subdivisions shall be set by the legislative body.

Section 250. Review and Approval of Preliminary Plat

250.l         Application.  The subdivider shall file an application for consideration of a Preliminary Plat on the proposed subdivision in the form described in Article III, Section 3l0 Preliminary Plat.  The subdivider shall use the approved preliminary plat application form available from the Town Clerk.  An application shall not be deemed submitted until it has been determined by the planning commission that it is a complete application.

250.2        Number of Copies: Two (2) copies of the Preliminary Plat, including two (2) copies of the vicinity map shall be presented to the planning commission at least l5 days prior to a regular monthly meeting of the commission.

250.3        Official Submission Date: The time of submission of the Preliminary Plat shall be the next regular monthly meeting of the Commission following the receipt of the completed application under Section 250.l and 250.2 above.  An application is deemed complete upon technical review of the planning commission who has determined that the checklist for Preliminary Plat is substantially complete.

250.4        Subdivider to Attend Planning Commission Meeting:  The subdivider, or his duly authorized representative, shall attend the meeting of the Planning Commission to discuss the Preliminary Plat.

250.5        Review of Preliminary Plat:  The Commission shall study the practability of the Preliminary Plat.  Particular attention shall be given to the arrangement, location and width of streets, their relation to the topography of the land, water supply, sewage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided, and the requirements of the Town Plan, Zoning Regulations, and the Capital Budget and Program, if such exist.

250.6        Preliminary Approval of Preliminary Plat:  Within forty-five (45) days after official submission of a Preliminary Plat, the Planning Commission shall take action to approve, with or without modifications, or disapprove such Preliminary Plat.  The ground of any modification required or the ground for disapproval shall be clearly stated in the findings of fact and conclusions of the Commission.  Failure of the Commission to act within such forty-five (45) day period shall constitute a preliminary approval of the Preliminary Plat.  Prior to preliminary approval the Commission may hold a preliminary hearing after public notice according to Subsection 4447 of the Act.     

When granting preliminary approval to a Preliminary Plat, the Commission shall state the conditions of such approval, if any, with respect to (l) the specific changes which it will require in the Preliminary Plat, (2) the character and extent of the required improvements for which waivers may have been requested, (3) the amount of improvement or the amount of all bonds therefore which it will require as prerequisite to the approval of the Subdivision Plat. 

Preliminary approval of a Preliminary Plat SHALL NOT CONSTITUTE APPROVAL OF THE SUBDIVISION PLAT.  Prior to approval of the Final Subdivision Plat, the Planning Commission may require additional changes as a result of further study.

Section 260.  Review and Approval of Final Plat

260.l         Application: The subdivider shall file an application for consideration of a Final Plat of the proposed subdivision in the form described in Article III, Section 320, Final Plat.  The subdivider shall use the approved Final Plat application form available from the Clerk of the Commission.  If the final application is not submitted within six (6) months after the preliminary approval of the Preliminary Plat for Major Subdivision, the Commission may refuse without prejudice to act on the Final Plat and require resubmission of the Preliminary Plat.  If the final application for a minor subdivision is not submitted within six months of classification by the Planning Commission of the Sketch Plan as a Minor subdivision under Article II, Section 230.l the Commission may refuse without prejudice to act on the Final Plat and require resubmission of the Sketch Plan.

260.2        Number of Copies: Two (2) copies  of the Plat, a copy of the Final Plat application, the original and one true copy of all offers of cession, covenants and agreements shall be submitted to the Clerk at least l5 days prior to a regular monthly meeting of the Commission.

260.3        Official Submission Date:  The time of submission of the Final Plat shall be the next regular monthly meeting of the Commission following receipt of the complete application and drawings under Section 260.2 above.  An application is deemed complete upon technical review by the planning commission who has determined that the checklist for Final Plat is complete. 

260.4        Applications to State and Municipal Agencies:  The subdivider shall apply for all municipal and state permits required of the proposed subdivision and shall submit copies of these applications to the Commission.  Such permits may include, but are not limited to, a Zoning Permit, Highway Access Permit, Act 250 Permit, Public Building Permit, Department of Health Subdivision Permit, and/or a letter of approval from the municipal fire department.

260.5        Public Hearing:  A public hearing upon public notice according to Subsection 4447 of the Act shall be held by the Planning Commission within thirty (30) days after the official submission of the Final Plat for approval.  In addition, notice of such hearing shall be forwarded to the Rutland Regional Planning Commission, of which Mendon is a member, and to the clerk of any adjacent municipality in the case of a plat located within 500 feet of a municipal boundary at least l5 days prior to the hearing.

260.6        Action on Proposed Final Plat:  The Planning Commission shall, within forty-five (45) days from the public hearing, approve, modify and approve, or disapprove the subdivision plat.  Such decision shall be made in writing and forwarded by registered mail to the property owner and his agents.  Failure to act within such forty-five (45) days shall be deemed approval.  However, if approved, the Final Plat shall not be signed by the authorized officers of the Commission for recording until the subdivider has complied with the provisions of Section 260.7, Improvements and Performance Bond.  These provisions must be complied with, and the Final Plat signed within ninety (90) days of approval.

260.7        Improvements and Performance Bond:  Before the Commission signs the final plat, the subdivider shall follow the procedures set forth in subparagraph (l) below:

(l)      In an amount set by the Planning Commission the subdivider shall either file with the Municipal Clerk a certified check to cover the full cost of the required improvements or the subdivider shall file with the Municipal Clerk a performance bond or letter of credit to cover the full cost of required improvements.  Any such bond shall be satisfactory to the legislative body and municipal attorney as to form, sufficiency, manner of execution and surety.  The surety must be acceptable for underwriting in the State of Vermont.  The Commission shall fix the term of the bond up to three years.  The term of such bond may, with the consent of the owner, be extended for an additional period not to exceed three years.  The certified check or bond shall include an amount required for recreation land or improvements as specified in Article IV, Section 460, Open Space and Recreation Areas.

An inspection fee to be paid by the subdivider to cover the costs of inspection shall be established by the legislative body as part of the application fee.

            260.8        Fire Protection Approval: The applicant must provide to the  planning commission a written statement from the city of  Rutland Fire Department (or such other entity that may be charged with fire protection in Mendon) that adequate fire  protection will be available to the development.

            260.9        Notice: For major subdivisions (and not for minor subdivisions) the applicant shall be required to notify all owners of  property adjacent to the premises subject to the application by  certified mail, return receipt requested, or personal service  by a law enforcement officer, at least 10 days prior to the hearing on the final plat by the planning commission.  For purposes of this provision, property separated from the subject  premises by a road, body of water, or similar feature shall be   considered to be adjacent to the subject premises.  If, despite  reasonable efforts, any adjacent property owner(s), or a  suitable representative thereof,  cannot be located at the  address provided on the Mendon grand list, then the notice provided shall not be required.

Section 270. Filing of Approved Subdivision Plat

270.l         Final Approval and Filing:  Upon completion of the requirements in Section 260.l - 260.9 above, and notation to that effect on the Subdivision Plat, the subdivision shall be deemed to have final approval and shall be properly signed by the chairman of the planning commission.  The approved plat shall remain in the file of the planning commission.               

            270.2        Filing of Sections of Subdivision:  At the time the Commission grants final plat approval, it may permit the Plat to be divided into two or more sections subject to any conditions the Commission deems necessary in order to insure the orderly development of the Plat.

270.3        Plat Void if Revised After Approval:  No changes, erasures, modifications, or revisions shall be made in any Subdivision Plat after approval has been given by the Commission and endorsed in writing on the Plat, unless the said Plat is first resubmitted to the Commission and such Commission approves any modifications.

Section 280. Public Acceptance of Streets, Recreation Areas

Approval of a Subdivision Plat shall not be deemed to constitute or be evidence of any acceptance by the municipality of any street, easement, utilities, park, recreational area, or other open space or improvement shown on such Subdivision Plat.  The Commission may require the filing of a written agreement between the applicant and the legislative body covering future deed and title, dedication, and provision for the cost of grading, development, equipment, and maintenance of any such improvements.

ARTICLE III:  SUBMISSION REQUIREMENTS

Section 310.  Preliminary Plat For Major Subdivisions

310.1   The Preliminary Subdivision Plat for major subdivisions shall consist of two (2) copies of one or more maps or drawings which may be printed or reproduced on paper with all dimensions shown in feet or decimals of a foot, drawn to a reasonable scale which will allow readability of the details and information required below, but in no case shall the scale be more than one hundred (100) feet or sixty (60) feet to the inch where lots have less than one hundred (100) feet frontage, showing or accompanied by the following information:

(1)        Proposed subdivision name or identifying title and the name of the Municipality;

(2)        Name and address of record owner, subdivider and designer of Preliminary Plat;

(3)        Number of acres within the proposed subdivision, location of property lines, existing easements, buildings, watercourses and other essential existing physical features.

(4)        The names of all subdivisions immediately adjacent and the names of owners of record of adjacent acreage.

(5)        The provisions of the Zoning Regulations applicable to the area to be subdivided and any zoning district boundaries affecting the tract.

(6)        The location and size of any existing sewers and water mains, culverts and drains on the property to be subdivided.

(7)        Location, names and present widths of existing and proposed streets, highways, intersections, easements, building lines, alleys, walkways parks, and other public open spaces as well as similar facts regarding access to adjacent property.

(8)        The width, location, grades, and street profiles of all streets or other public ways proposed by the subdivider.

(9)        Contour lines at intervals of five (5) feet of existing grades and of proposed finished grades where change of existing ground elevation will be five (5) feet or more.

(10)      Typical cross sections of the proposed grading and roadways and of sidewalks.

(11)      Date, true north point, and scale, both graphic and written.

(12)      Deed description and map of survey of tract boundary made and certified by a licensed land surveyor tied into established reference points, and any existing deed restrictions.

(13)      Connection with existing water supply or alternative means of providing water supply to the proposed subdivision.

(14)      Connection with existing sanitary sewage system or alternative means of treatment and disposal proposed.

(15)      If private sewage disposal system is proposed, location and results of test to ascertain subsurface soil, rock and ground water conditions, depth to ground water unless pits are dry at depth of five (5) feet; location and results of percolation tests.

(16)      Provisions for collecting and discharging storm drainage, in the form of drainage plan.

(17)      Preliminary designs of any bridges or culverts which may be required.

(18)      The proposed lot lines with approximate dimensions and suggested locations of buildings.

(19)      The location of temporary markers adequate to enable the Commission to locate readily and appraise the basic layout in the field.  Unless an existing street intersection is shown, the distance along a street from one corner of the property to the nearest existing street intersection shall be shown.

(20)      All parcels of land proposed to be dedicated to public use and the conditions of such dedication.

(21)      The location of all trees on the site and all other natural features or site elements to be preserved.

(22)      Any other information specified on the Town of Mendon's Checklist for Preliminary Plat.

310.2   The Preliminary Plat shall be accompanied by a vicinity map drawn at the scale of not over four hundred (400) feet to the inch to show the relation of the proposed subdivision to the adjacent properties and to the general surrounding area.  The vicinity map shall show all the area within two thousand (2,000) feet of any property line of the proposed subdivision or any smaller area between the tract and all surrounding existing streets, provided any part of such a street used as part of the perimeter for the vicinity map is at least five hundred (500) feet from any boundary of the proposed subdivision.  Within such area the vicinity map shall show:

(1)        All existing subdivisions and approximate tract lines of parcels together with the names of the record owners of all adjacent parcels of land, namely, those directly abutting or directly across any street adjoining the proposed subdivision.

(2)        Locations, widths and names of existing, filed or proposed streets, easements, building lines and alleys pertaining to the proposed subdivision and to the adjacent properties as designated in Paragraph (l), above.

(3)        The boundaries and designations of zoning districts, special improvements districts, school districts and parks and other public spaces.

(4)        An outline of the platted area together with its street system and an indication of the future probable street system of the remaining portion of the tract, if the Preliminary Plat submitted covers only part of the subdivider's entire holding

Section 320.  Final Plat

320.1   The Final Subdivision Plat shall consist of one or more sheets of drawings which shall be drawn to scale and shall be of sufficient size and clarity so that the planning commission and the public may accurately understand its contents. It shall be prepared by a licensed surveyor.  The Subdivision Plat shall show:

(1)        Proposed subdivision name or identifying title, the name of the Municipality, the name and address of the record owner and subdivider, the name, license number and seal of the licensed land surveyor, the boundaries of the subdivision and its general location in relation to existing streets or other landmarks and scale, date and true north point.

(2)        Street names and lines, pedestrian ways, lots, reservations, easements and area to be dedicated to public use.

(3)        Sufficient data acceptable to the Commission to determine readily the location, bearing and length of every street line, lot line, boundary line and to reproduce such lines upon the ground.  Where practicable these should be tied to reference points previously established by a public authority.

(4)        The length of all straight lines, the deflection angles, radii, length of curves and central angles of all curves, tangent distances and tangent bearings for each street.

(5)        By proper designation on such Plat, all public open space for which offers of cession are made by the subdivider and those spaces to which title is reserved by him.

(6)        Lots within the subdivision numbered in numerical order within blocks, and blocks lettered in alphabetical order.

(7)        The location of all of the improvements referred to in Section 320.2, and in addition thereto the location of all telephone poles, sewage disposal systems, and rough grading and other devices and methods of draining the area within the subdivision and all water courses and water supplies within 100 feet of any planned sewage disposal system, whether or not such water course or water supply is within the subdivision.

(8)                                The area of each proposed lot shown in acres or portions  thereof.

(9)        Any of the information specified on the Town of Mendon's checklist for Final Subdivision Plat.

320.2   In accordance with municipal specifications, all streets or other public places shown on such Plat shall be suitably graded and paved, and all utilities, street lighting standards, shade trees, water mains, sanitary sewers, storm drains, and recreation areas, where required by the Commission, shall be installed in accordance with the standards, specifications and procedures set forth in these regulations and other applicable municipal regulations and ordinances.  A performance bond shall be required to insure completion of such improvements.

320.3   There shall be submitted to the Commission with the Final Subdivision Plat:

(1)        Written offers of cession to the Municipality or private entity of all streets, public open spaces, sewage and water systems to be connected to a municipal or private facility, and other areas to be dedicated to the public shown on the Plat, and copies of agreements or other documents showing the manner in which areas and facilities, title to which is reserved by the subdivider, are to be maintained.

(2)        A certificate of the Municipal Engineer, or Consulting Engineer registered in the State of Vermont, as to the completion of all improvements required by the Commission to the satisfaction of the Engineer and in accord with standards and specifications prescribed by him or her, or in lieu of any required improvements not so completed, a performance bond to secure completion of such improvements and written evidence that the legislative body is satisfied with the sufficiency of such bond.  

(1)        Copies of any and all rights of way providing access, utilities and other benefits or burdens to any lots in the proposed subdivision and, in their absence, the language to be used by the applicant when finalizing such rights of way.

(4)                                Copies of any and all documents relating to homeowners associations, maintenance agreements and similar documents relating to maintenance of utilities, sewers, water systems, private roadways and similar matters and, in their absence, the language to be used by the applicant when finalizing any such documents. 

(1)                                Copies of the private roadway language, if applicable, to be inserted into all deeds as set forth in sec. 420.12 of these regulations.   

ARTICLE IV GENERAL REQUIREMENTS AND DESIGN STANDARDS

Section 410. Planning Standards

410.1        Character of the Land:  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.

410.2        Reserved Strips:  No privately owned reserved strip, except on open space areas shall be permitted which controls access to any part of the subdivision or to any other parcel of land from any street, or from any land dedicated to public use, or which may be so dedicated.

410.3        Lot Layout:  The layout of lots shall conform to the requirements of the Zoning Regulations where in force, and shall be appropriate for the intended construction.  Corner lots shall have extra width to permit a setback on each street.  Side lot lines shall generally be at right angles to straight streets, or radial to curved street lines.  Consideration in lot layout shall be given to topographic and soils conditions.

410.4        Preservation of Existing Features:  Due regard shall be given to the preservation and protection of existing features, trees, scenic points, brooks, streams, rock out-croppings, water bodies, wetlands, other natural resources, and historic resources.

410.5        Selective Clearing:  Due regard shall be given to the selective clearing of forested sites so as not to impact visually and environmentally adjacent sites.

Section 420.  Streets

420.1        Layout:  The arrangements of streets in the subdivision shall provide for the continuation of principal streets in any adjoining subdivision or for their proper termination when adjoining property has not yet been subdivided in order to create a logical system.

Where the subdivision borders on an existing street and the town plan indicates plans for realignment or widening of the street that would require reservation of some land of the subdivision, the Commission shall require that such areas be shown and marked on the Final Plat "Reserved for Street Realignment (or Widening) Purposes."

420.2        Topography:  Streets shall be logically related to the topography so as to produce usable lots, reasonable grades and safe intersections in appropriate relation to the proposed use of the land to be served by such streets.

420.3        Horizontal Alignment at Intersections:  Intersections of streets shall be 90 degrees where practicable.  Two streets intersecting the same street (T-intersections) shall be offset by at least 125 feet (centerline offset) when practicable.

420.4        Vertical Alignment at Intersections:  The gradient within 100 feet of intersections shall not exceed 3% where practicable.

420.5        Access:  Paved access shall be available for fire, ambulance and police vehicles to within  100 feet of the principal entrances to commercial, industrial establishments, or institutions.

420.6        Cut and Embankment Slopes:  All slopes shall be well-rounded to form a smooth transition from the shoulder edge to the existing grades.

420.7        Dead-end Streets, Cul-de-sacs, and Turn-arounds:  Dead-end streets or cul-de-sacs shall terminate in a turn-around with a radius of at least thirty-five (35) feet.  Provisions shall be made for temporary turn-arounds for temporary dead-end streets.

420.8        All new town roads shall comply with any requirements, policies and ordinances of Town of Mendon.

420.9        Street Names:  Streets shall be identified by name on the preliminary plat.  Proposed streets which are obviously in alignment with others already existing and named shall bear the names of those existing streets.  In no case shall the names for proposed streets duplicate existing names, irrespective of the suffix, be it street, avenue, boulevard, driveway, place or court.

420.10      Access Road:

A.    The Commission may require the subdivider to improve the access road to municipal highway construction standards as set forth in sec. 420.8 above. 

B.    The Commission may require the subdivider to improve any access road where it intersects with new streets or driveways in the subdivision to facilitate traffic circulation and pedestrian and vehicular safety.

420.11      Site Triangle at Intersections:  A clear zone measured 90' back from the street edge of two intersecting streets and connected by a line shall constitute the site triangle.  No trees, landscaping, signs or structures shall be allowed in the site triangle.

            420.12      Private Roadway Language For Deeds: The deed to any lot served in whole or in part by a private road shall contain language substantially similar to the following:

                   Lot Owners.  There are (number of lots) in this subdivision. The owners thereof are the lot owners for purposes of this  document. 

                   Private Roadway.  The (name or description of unnamed road) is a private.  The lot owners described above may only petition the town of Mendon to make the road a town highway by unanimous  vote recorded in writing.  In the event that the Town of Mendon  agrees to accept the road or is required to do so by judicial process each lot owner will bear his or her fractional share (based solely on the number of lots in the subdivision) of the cost to improve the road to the specifications required by the town of Mendon for town roads at the applicable time, including  the paving thereof.  The cost shall be the personal obligation of the lot owners and a lien on each of the lots served in whole or in part by the road and may be enforced privately by lot owners in Rutland Superior Court.  The lien may further be foreclosed in accordance with the appropriate statutes and rules for foreclosure of mortgages in Vermont including the right to collect reasonable attorneys’ fees and costs and the right of a deficiency judgment.

                             Maintenance of Roadway.  While it is a private road, the owners of each lot shall share pro rata in the cost and expense of necessary and required snow plowing, upkeep, maintenance and/or      improvement of the road, maintaining year round accessability, safe grading and necessary drainage to protect the road.  The town of Mendon shall not be responsible for any of the aforesaid road work or for the cost thereof and the lot owners shall indemnify the town of Mendon and hold it harmless from any and all claims and damages resulting from the condition of the road and from the fact that it is a private road which indemnification shall include all costs and reasonable attorneys’ fees.  The aforesaid shared costs of the lot owners shall be  the personal obligation of the lot owners and a lien on each of the lots and may be enforced privately by the lot owners in Rutland Superior Court.  The lien may further be foreclosed in accordance with the appropriate statutes and  rules for foreclosure of mortgages in Vermont including the  right to collect reasonable attorneys’ fees and costs and the right of a deficiency judgment.

                   Binding Effect.  Lot owners and all who may be grantors and grantees of deeds to lots in this subdivision and their heirs, successors and assigns, by their execution or acceptance of deeds of lots in this subdivision, bind themselves and their heirs, successors and assigns to all of the aforesaid covenants, conditions and terms.  All of the aforesaid covenants, conditions and terms shall run with the land and must be recited in each deed conveying or reconveying each lot in the subdivision until such time as the private roadway may become a town road.   

Section 430.  Pedestrian Access

Where necessary, in the judgment of the Commission, rights-of-way for pedestrian travel and access may be required to facilitate pedestrian circulation within the subdivision and to provide access to public property.

Section 440.  Utilities

440.1        Easements:  The Commission may require that underground utilities be placed either in the street right-of-way between the paved roadway and right-of-way line or placed horizontally underneath the roadway.  Where inclusion of utilities in the street right-of-way is impractical, perpetual, unobstructed easements twenty (20) feet in width shall be provided with satisfactory access to the street.

440.2        Extension of Municipal Utilities:  All subdivisions shall make adequate provisions for water supply, storm water and sanitary sewage disposal, and required utilities and improvements.  The Commission may require the extension of public water lines and sewers to and within a proposed subdivision, without cost to the municipality where existing lines are, in the judgment of the Commission, within a reasonable distance of the proposed subdivision.

440.3        Connections to Municipal Utilities:  The subdivider shall install laterals from all utilities to the street front property line of each building lot or the rear lot line where an easement for utilities is so provided.  Any residential buildings constructed in the subdivision shall have house connections installed, and shall have such connections extended inside of the building.  All such utility system installations shall be at the expense of the subdivider.

440.4        Depth of Utility Mains: Water and sewer mains and laterals must be laid below the depth of frost penetration of the area.  Sewer lines shall be set lower than water mains.

440.5        Water Supply Improvements:

A.    For subdivisions which will connect to a public municipal water supply system, applications for extensions to the municipal system shall be approved by the town health inspector.

B.    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.

C.    For subdivisions which will have individual water supplies, the subdivider shall provide evidence of the location and availability of potable water in adequate quantities.

D.    The following standards shall be met for those subdivisions which will have community water systems or individual water supplies:

(1)        Due consideration shall be given to the drainage patterns in the area.

(2)        Building sites and new roadways shall be located far enough away from underground water concentrations, or surface areas which take in water, to prevent runoff from roads or leachate from septic systems from contaminating water supply.

(3)        Buildings and septic systems shall be located sufficiently above flood water levels and high ground water areas to prevent the pollution of surface water.

440.6        Sewage Disposal Improvements:

A.    For subdivisions which will connect to the Alpine Pipeline Co. sewage disposal system, applications for extensions shall be approved by the officers and agents of the Alpine Pipeline Company entrusted with the care and superintendence of the system.

B.    The Commission may require that community sewage disposal systems unconnected to municipal systems be designed in such a way that it may be connected eventually to a municipal sewage disposal system.  Community sewage disposal systems shall meet the requirements of the municipal health regulations.

C.    Where individual septic systems may be acceptable to the Commission, they shall meet the requirements of the municipal health regulations.  Whenever the town of Mendon has an existing ordinance regulating individual septic systems, the planning commission need not consider or make findings with respect to individual septic systems covered by such ordinance.

D.    Subdivisions using subsurface sewage disposal shall meet the following standards:

(a)        All subsurface sewage disposal systems shall be located at least 100 feet from a water supply.

(b)        All subsurface sewage disposal systems shall be located at least 250 feet from a watercourse or standing body of water used as a source of public drinking water.

Whenever the town of Mendon has an existing ordinance regulating individual septic systems, the planning commission need not consider or make findings with respect  to individual septic systems covered by such ordinance.

440.7        Outdoor Lighting:  To promote energy conservation, the following lighting levels are required for the following classifications:

Class 1 - Parking lots, shopping centers, service stations, etc. in the village area.

Class 2 - Parking lots, shopping centers, service stations, etc. adjacent to residential areas; industrial parking lots, and service areas.

Class 3 - Roadways in residential areas.  May be subject to the lighting requirements at the discretion of the Planning Commission.  Assume coverage is 60 feet wide.

Class 4 - Walkways for apartments, condominiums, schools, and offices.  Assume coverage is 40 feet wide.

                                                                               Lighting Levels

Lighting Features                                  Class 1             Class 2 Class 3  Class 4

Horiz. initial F.C. Min/Max                                           0.3-15               0.2-10               0.1-3 0.1-3  

Approx. avg. initial F.C.                                                2.5                     1.5                     1                   ½

Fixture mtg. height                                                        20-30                15-30                20-30            10-15  

Max. spacing                                                                150                    125                    150               75

Light cutoff angle-max.                          ---                                80 deg.  ---                     80 deg. 

Max. lamp watts/sq. ft.                         .12                               .08                   .05                   .08

            440.8        Electric, Telephone, Cable T.V.: For major subdivisions 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 and in the future.  Common rights-of-way shall be utilized whenever possible and, when technology and terrain make it economically feasible, distribution systems should be built underground.   

440.9        Fire Protection Facilities:  Adequate water storage facilities for fire protection within the subdivision may be required to the satisfaction of the Commission and the Fire Chief, and shall meet the requirements of the State Building Code.

Section 450.  Drainage Improvements

An adequate surface storm water drainage system for the entire subdivision area shall be provided.  The subdivider may be required by the Commission to carry away by pipe, open ditch, or swale any spring or surface water that may exist either previous to or as a result of the subdivisions.  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 such condition can be resolved.  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 Plat.

Section 480.  Site Preservation and Improvements

480.1        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 construction needs for that particular subdivision or to meet any requirements of these regulations.

480.11      Selective Clearing:  Due regard shall be given to the selective clearing of forested areas to minimize the environmental and visual impact from adjacent sites.  All parties involved in logging activities shall refer to \Guides for Controlling Soil Erosion and Water Pollution on Logging Jobs in Vermont\ available through the Vermont Agency of Natural Resources, Department of Environmental Conservation.

480.2        Shade Trees:  The Commission shall require that suitable hardwood shade trees (such as Sugar Maple, Red Maple, Ash or Oak), be planted along roadways where trees do not exist.  All trees shall measure at least 10 feet in height and at least two inches in diameter measured at a point six inches above finished grade level.  All trees are to be planted within 5-8 feet from the street pavement line.

480.21      Native Landscaping: In order to encourage the continuation of Vermont's natural environment, the Commission will encourage the use of native landscape plants in all subdivisions.  As a minimum, 75% of all street trees shall be native to Vermont to ensure hardiness.  A list of appropriate native landscape material is provided in Appendix A.

480.3        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.  Sediment basins shall be installed and maintained during development to remove sediment from run-off water and from land undergoing development.  Topsoil may be stockpiled on site and adequate provision shall be made to reduce exposure as indicated in the methods above.

480.4        Excavation and Grading: The entire area of work shall be brought to the required lines and grades by excavation or filling.  A minimum of four (4) inches of top soil shall be graded from property line to property line to approved grade and cross section.  The Commission may require the developer to submit evidence of boring and/or other soil investigations to determine the depth composition and stability of the subgrade within the road section.  Materials for embankment shall be placed in successive horizontal layers not exceeding six (6) inches in depth.  They shall be thoroughly compacted.  Where appropriate, the Commission shall require embankments to be planted with stabilizing native shrubs or ground cover and/or seeded with a deep root native perennial grass to prevent erosion.  In no case will embankments greater than 3:l be allowed unless specifically approved by the Commission.

Section 490.  Subdivision Organizations and Restrictions

When a development involves common ownership of community facilities, open spaces, or other commonly held property, a management organization to operate and maintain these facilities may be required by the Commission.  A summary shall be submitted by the subdivider describing this organization, its financing and membership and it's bylaws.  It should be understood that all such maintenance and management will be privately funded until such time that these facilities are accepted by the municipality.

ARTICLE V DEFINITIONS

Certain means of references and words used herein shall be defined as listed below.  Unless the content clearly indicates to the contrary, 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 "may" is permissive; the words "shall" and "will" are mandatory.

ACT:  Title 24, Chapter ll7, the Vermont Municipal and Regional Planning and Development Act.

AUTHORIZED AGENT OR REPRESENTATIVE:  A person or group of persons, who have been duly authorized in writing filed with the Commission by the subdivider to act in his or her behalf.

COMMISSION:  The  Planning Commission of the municipality created under 24 V.S.A. Chapter ll7, Subchapter 2.

COMMUNITY WATER SUPPLY SYSTEM:  Any water system owned by the same person that supplies water for domestic, commercial, industrial or institutional uses to two (2) or more, but less than ten (l0) customers.

COMMUNITY SEWAGE DISPOSAL SYSTEM:  Any sewage disposal system, other than a municipal sewage disposal system, owned by the same person that disposes of sewage for domestic, commercial, industrial or institutional uses to two (2) or more customers.

COMPREHENSIVE DEVELOPMENT PLAN, OR PLAN:  A plan adopted pursuant to 24 V.S.A. Subsections 4384 and 4385.

EASEMENT:  The authorization of a property owner for the use by another, and for a specified purpose, of any designated part of his or her property.

FINAL SUBDIVISION PLAT:  The final drawings on which the subdivider's plan of subdivision is presented to the Planning Commission for approval and which, if approved, may be filed for record with the Municipal Clerk. 

LEGISLATIVE BODY:  The selectmen in the Town of Mendon.

LOGGING:  See Sections 410.5 and 480.11 regulating forest clear cutting activities.

MUNICIPALITY:  Town of Mendon, Vermont.

MUNICIPAL SEWAGE DISPOSAL SYSTEM:  Any sewage disposal system owned and operated by the municipality that disposes of sewage for domestic, commercial, industrial, or institutional uses.

OPEN SPACE:  Land unoccupied by structures, buildings, streets, rights-of-way and automobile parking lots.

PLAT:  A map or representation on paper of a piece of land subdivided into lots and streets, drawn to scale.

PRELIMINARY PLAT:  The preliminary drawings indicating the proposed layout of the subdivision to be submitted to the Planning Commission for its consideration.

PUBLIC WATER SYSTEM: Any water system(s) owned by the same person that supplies water for public, domestic, commercial or industrial uses to ten (l0) or more customers by pipe connection or by containers.

REGIONAL PLANNING COMMISSION: The Rutland Regional Planning Commission created under Subchapter 3 of the Vermont Planning and Development Act, Title 24 V.S.A. Chapter ll7.

RESUBDIVISION:  A change of an existing subdivision if such change affects any street layout on such plat, or area reserved thereon for public use, or any change of a lot line, or any such change if it affects any map or plan on file with the planning commission or in other municipal records.

SKETCH PLAN:  A sketch of the proposed subdivision showing information specified in Article II, Section 220 of these regulations to enable the subdivider to save time and expense in reaching general agreement with the Planning Commission as to the form of the subdivision and objectives and requirements of these regulations.

STREET: Any road, highway, avenue, street, land or other way between right-of-way lines, commonly used by the public for vehicular traffic.

SUBDIVIDER:  Any person, firm, corporation, partnership or association who shall lay out for the purpose of sale or development any subdivision or part thereof as defined herein, either for himself or others.

SUBDIVISION:  The division of a parcel of land with or without streets into two (2) or more lots, plots, or other legal division of land.  Subdivision includes resubdivision.

SUBDIVISION, MAJOR:  Any subdivision which is not a minor subdivision.

SUBDIVISION, MINOR:  A subdivision containing not more than four (4) lots which have frontage on an existing public street, private road or legal right of way and which does not require any new town roads, extension of town roads or extension of municipal facilities.  In determining the number of lots created, any lots created during the seven (7) years prior to the date of the application, out of the parcel that the present lots are being created from, shall be included regardless of whether or not the current owner is the same as the owner or owners at the time of the previously created lots.