manchester vt zoning regulations
The headstone guarantee fee shall be established in Addendum A. (3) The obligations of owners of a vacant building or structure are continuing obligations which are effective throughout the time of vacancy, as that term is defined in this article. (1) Notwithstanding section 12 of this Chapter, the legal owner of a building, or business with the consent of the landowner, in the Commercial 1 and Commercial 3 zoning districts may submit a license application to the Selectboard, on a form approved by the Town Manager, to use a portion of the Town-owned sidewalk for outdoor dining. (2) Mailboxes located in the Town right of way shall be maintained by the property owner. All applications shall include a non-refundable $250.00 application fee. (5) It shall be unlawful to have an open container or consume alcohol at the Dana L. Thompson Memorial Park within 100 feet of any organized game or practice of a youth organization, middle school (including but not limited to Manchester Elementary Middle School) or high school (including but not limited to Burr and Burton Academy). Zoning Office, administered by the Zoning Administrator, who shall be appointed by the Selectboard based on the recommendation of the planning commission, as authorized under State law. The Planning Commission, after working The business shall maintain insurance that covers accidents and incidents related to the serving of food, and related to alcohol if the business intends to serve alcoholic beverages. 4-7 Unpaid Parks and Recreation Department Fees. (1) The Selectboard may designate a qualified engineer or engineers, licensed in the State of Vermont, to represent the Town in engineering and other related matters. Exposed metal, wood, or other surfaces shall be protected from the elements and against decay, corrosion or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. All equipment costs shall be billed using the most recent reimbursements rates established by the Federal Emergency Management Agency (https://www.fema.gov/schedule-equipment-rates). (3) Nothing in this section shall prohibit the Town from obtaining legal services from other attorneys. (1) During an emergency, as declared by the governor or president, the chair of the Selectboard may appoint on a temporary basis an interim or acting town manager when the appointed town manager is absent, dead, injured, inaccessible or otherwise unavailable, until such time as a meeting or emergency meeting of the Selectboard may be convened for the purpose of appointing a town manager or acting town manager under 24 V.S.A. (3) The Town shall provide no maintenance of Town trails except as otherwise expressly authorized by the Road Commissioner. No refunds shall be provided for games, practices or events canceled by the organized user. (2) A person, other than a person with a disability, who for his or her own purposes parks a vehicle in a space for persons with disabilities shall be fined the maximum amount allowable under 23 V.S.A. (11) All public sidewalks shall have a broom finish and shall be sealed after the concrete has cured. Sewer Pump Station shall mean any privately owned system designed to pump sewage from a tank or other containment system into the public sewer system, private sewer system or septic system. This section of the manual provides more detailed information on conditional use review. Each Chapter may be divided into sections, subsections, paragraphs and clauses. A violation of this subsection shall be punishable as a Second Degree criminal violation. 5319 Main Street. (1) The following roadways shall be posted for overweight truck traffic: (a) Barnumville Road – no through trucks over 24,000 pounds, (b) Center Hill Road – no through trucks over 24,000 pounds, (c) High Meadow Way – no through trucks over 24,000 pounds, (d) Muddy Lane – no through trucks over 24,000 pounds, (e) New Ireland Road – no through trucks over 24,000 pounds, (f) Beech Street – no through trucks over 24,000 pounds. An application shall be considered complete when it is accompanied by proof from an attorney licensed in the State of Vermont that the proponent has a legal right to convey the parcel or right of way, a survey of the parcel or right of way by a surveyor licensed in the State of Vermont, engineering plans (if applicable), certification from a licensed engineer that the roadway being proposed as a Town roadway meets the conditions of section 8 of this Chapter, and a non-refundable fee of $1,000.00, which shall be applied to any costs associated with the review of engineering plans, right of way documents and surveys, and construction inspection. Traveled roadway, traveled way and roadway shall mean the portion of a right of way improved, designed, or ordinarily used for vehicular traffic. The term Land Development is defined extremely broadly by Vermont law and includes the division of a parcel into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any building or other structure, or of any mining, excavation, or landfill, and any change in the use of any building or other structure, or land, or extension of use of land. (4) The enforcing officers for this section shall be any officer of the Manchester Police Department and Municipal Compliance Officer. A subdivision is the division of a tract or parcel of land into three or more parts or lots for sale or building development. (3) Other privately owned items, such as signs, posts, fences and other similar items, shall not be permitted in the Town right of way. Any police officer of the Manchester Police Department shall be the enforcing authority for this subsection. The Town Clerk shall maintain an up-to-date, certified copy of the book containing the Ordinance in his or her office for the use of the public. Absent an emergency situation, if the owner of the premises fails or refuses to consent to an inspection, the inspector shall seek a search warrant from the Vermont District Court for the purpose of determining and ensuring that the premises will not present a hazard to the public. (9) The applicant or owner shall be responsible for the costs of installing and maintaining any driveway culvert, ditch, or other improvement required as a condition of an access point approval unless otherwise agreed to in writing by the Road Commissioner. (1) It shall be unlawful to intentionally damage, destroy or deface any facilities, equipment or grounds of Town parks. (d) The roadway subbase shall be excavated to firm soil, as determined by the Director of Public Works. (3) The enforcing officers for this section shall be any officer of the Manchester Police Department or any Municipal Compliance Officer. (20) Licenses shall not be granted for more than twelve months; nothing in this Chapter shall be construed as creating a contract or obligation on the part of the Town of Manchester to grant or renew future licenses. (1) The owner of a vacant building or structure shall immediately remove all combustible waste and refuse therefrom in compliance with the applicable fire prevention codes and shall remove any waste, rubbish or debris from the interior of the structure. In Vermont, Bennington County is ranked 12th of 14 counties in Building Departments per capita, and 11th of 14 counties in Building Departments per square mile. The maps and data are for illustration purposes and should not be used for making financial or other commitments. (2) Residential access points may not exceed 24 feet in width. Such designation shall be valid until otherwise repealed or superseded by a subsequent designation by the Selectboard. The Director of Public Works may require additional information. (7) The person owning, keeping or harboring a dog that is licensed within 90 days of moving to the Town of Manchester or Village of Manchester or licensed before the dog is six months of age shall be afforded the licensing fee in subsection 3 of this section. 4-12 Dogs, Domestic Animals and Livestock at Town Parks. (2) In addition to food and beverages, notwithstanding any other clause to the contrary, Class IV vendors may vend merchandise that includes arts and crafts, antiques, collectibles, and other such merchandise. (10) No human body shall be buried at the Factory Point Cemetery unless a valid Burial Transit Permit issued by a town clerk or a deputy registrar and an Interment Order is filed with the Town Clerk of the Town of Manchester before the burial or on the next business day after the burial. (5) No trees, shrubs or bushes shall be planted in the Cemetery without the written permission of the Town Manager. The owner shall provide a copy of the certificate of insurance to the Health Officer. Each link below goes to a PDF which opens in a new tab. The Town may make periodic site visits to licensed vendors to ensure compliance with the provisions of this Chapter. Chapter 133 § 5061. Find a local Manchester Vermont Zoning, Planning and Land Use attorney near you. Manchester Township 1 Colonial Dr Manchester Township, NJ 08759 732-657-8121 Monday - Friday 8:30am - 4:00pm The Commission shall include up to seven members, who shall be appointed to four-year terms. The placement of appliances, cars, and other objects on a property that might constitute an attractive nuisance to children or disease-carrying pests. The Director of Public Works shall serve as the sexton. (1) In addition to the requirements and conditions of section 8 of this Chapter, the Director of Public Works may issue a permit to access a Town roadway for access from any parcel zoned residential. (c) After providing notice to the Vermont Department of Environmental Conservation, and necessary demolition permits for the disposal of asbestos and lead paint, the burning of solid or liquid fuels or structures for bona fide fire training, provided that materials other than natural wood are removed from any structures to the greatest extent possible, prior to the training. (2) Nothing in this section shall subvert or otherwise replace permits required by the State of Vermont and the Town of Manchester for the sale of alcoholic beverages. manchester land use & development ordinance chapter 3 of the manchester unified ordinance adopted by the selectboard may 29, 2018, effective june 19, 2018 developed with the support of the vermont department of housing and community … (18) The licensed business may display an informational sign within the licensed sidewalk area during hours of operation; provided that it is allowable under Chapter III and that the sign does not exceed two square feet. (c) Repairing or replacing equipment if said equipment was damaged or destroyed as a direct result of the hazardous materials incident. The licensed business and/or landowner is responsible for all maintenance related to the use of the sidewalk, including daily removal of trash, debris and food, and washing sidewalks. agricultural uses.” For these reasons, and the Findings and Conclusions made on the record of the merits 13-11 Use of Town Roadways, Rights of Way, Sidewalks and Parking Lots for Solicitation – prohibition. Found inside – Page 597Manchester v . Phillips . . > In other cases , zoning , building , and other regulatory provisions ( not as specific as those ... Zoning Bd . of Review of Cumberland , R. I. In Re Willey , 120 Vt . 359 , 363–366 ( strict construction of ... The circumstances of (2) Conventional lots shall be approximately four feet wide and twelve feet long, and may provide for the interment of one conventional burial and up to two cremated remains; provided, that cremated remains may be interred only when the conventional burial precedes the cremated burial. and 24 V.S.A. Chimneys and towers: Chimneys, cooling towers, smokestacks, and similar appurtenances shall be structurally safe and in good repair, and free from graffiti. (d) Center Hill Road, from Main Street to Park Street, and Park Street. The ZBA provides a satisfactory resolution without burdening the courts. 7A (Main Street) from Ways Lane to Beech Street, Town Highway 1-2: Rt. (1) Parking in any of the following manners is prohibited, and vehicles may be towed at the owner’s expense: (a) On any roadway, in the public right of way and Town-owned parking lots between 1:00 AM and 6:00 AM from November 1 to March 31 of each year. §2291 (6) and 19 V.S.A. (1) The Town Manager may grant a temporary license to a vendor, defined as a sole proprietor, partnership, corporation, other for-profit entity or not-for-profit entity that operates a vending operation with a total footprint, including a vehicle used to store supplies, that is within fifty feet of the vending operation, of between one and two hundred square feet; provided, that a vendor approved under this section may vend for not more than three consecutive days or more than seven days in any given calendar year. (21) The Town Manager, at his or her sole discretion, may suspend a license issued by the Selectboard for non-compliance with this section or for safety reasons. (3) All Class II licenses shall run from January 1 to December 31 of any year. The Committee shall consist of up to five members, who shall be appointed for three-year terms. 2000-237 (Vt. Supreme Ct., Feb. 8, 2001) (entry order of three-judge panel). (1) It shall be illegal to connect to the Town-owned stormwater drainage system without the express written approval by means of a permit issued by the Director of Public Works. Sworn officers of the Manchester Police Department, Municipal Compliance Officers, Health Officer and any person appointed by the Town Manager as an Animal Control Officer are hereby designated as the enforcement authority of this Chapter. (16) Vendors shall not use exterior lights. (3) A violation of this section shall be considered a Second Degree civil violation. Vendors may not use tents, canopies, awnings, or other multiple pole apparatus. (2) A violation of this section shall be punishable as a Second Degree civil violation. badge or pay stub, (7) the person produces a signed and current copy of a lease, valid for at least six months at a physical address in the Town of Manchester, or (8) the person produces other proof of residency acceptable to the Parks and Recreation Director. 14-12 Road Access License for Disabled Residents, (1) The Director of Public Works may grant an annual license, which shall expire on December 31 of each year, for an additional access point for a residential or commercial property when an owner or tenant provides evidence that the additional access point is medically necessary by an individual who regularly uses the property to ensure the safe access of the property. Hazardous material incident means actual or threatened release of a hazardous substance or material, including hazardous waste, which poses an imminent threat to the environment and/or to the health, safety or welfare of the population and requires emergency response, incident assessment, control, containment or abatement of the immediate hazard. Any streetlights owned, operated or paid for using Town funds shall be for public good and public safety, and shall provide safety to motorist and pedestrians and not for private benefit. 16-1 Authority to Enact Chapter, 16-4 Public Safety Hazards, 16-5 Dangerous Structures, 16-7 Other Public Safety Hazards, 16-8 Sewer Pump Stations – General, 16-9 Sewer Pump Stations – Category 1, 16-10 Sewer Pump Stations – Category 2, 16-11 Sewer Pump Stations – Category 3, 16-12 Service of Orders and Notices. (10) The E911 Coordinator may issue one written warning to the owner of any parcel that is not in compliance with this section. (1) With the exception of fire alarms, users of alarm systems emitting an audible, visual, or other response shall install, or cause to be installed, an automatic timing device that shall deactivate the alarm so that it will remain activated for no more than fifteen minutes. 4-22 Vending at Town Parks – regulations. (3) Whenever possible, fines shall be issued to the licensed vendor and not an employee of the vendor. (15) The Parks and Recreation Director, at his or her sole discretion, may require a certificate of insurance from users in an amount to be determined by the Director of Parks and Recreation. This Chapter has been adopted for the purpose of protecting public health, safety and order. Planning Board. (2) In order to avoid the appearance or an actual conflict of interest, no Town employee may serve on the Selectboard; employees of the Parks and Recreation Department shall not serve on the Parks and Recreation Committee; employees of the Planning and Zoning Office shall not serve on the Design Advisory Board, Development Review Board or Planning Commission; employees of the Finance Office shall not serve on the Investment Advisory Committee; and, employees of the Water and Sewer departments shall not serve on the Board of Sewer Commissioners or Board of Water Commissioners. Accessory and appurtenant structures: Accessory and appurtenant structures such as garages, sheds, and fences shall be free from safety, health, and fire hazards and shall comply with these vacant building maintenance standards. (6) The Town or a Town-approved contractor shall install standard government markers, which indicate service to the United States armed services. She said the same state agency that would consider the application is also in charge of making sure the town of Manchester is protecting its aquifer. (4) Civil Third Degree Violations. (2) The Manchester Police Department may remove the vehicle from the park by towing the vehicle. (2) The first violation of this section shall be considered a civil violation and punishable by a penalty equal to the fee otherwise due, plus $50; provided that the penalty, not including the fee, shall not exceed $800 per violation. The Health Officer may order certain repairs or upgrades based on this Chapter and generally accepted standards in order to maintain and protect public health. (h) Both sides of Cottage Street, from Depot Street to the intersection of Wyman Lane. Vermont municipal zoning regulations are among the strongest in the United States. Dangerous Building or Structure shall mean any building or structure or part thereof declared structurally unsafe or hazardous by any duly constituted authority, whether it is occupied, unoccupied, or vacant. Ct. ... Vermont Superior Court. (k) At the discretion of the Selectboard, the Town may require granite curbing, concrete sidewalks and street lighting in downtown and densely developed areas. At large shall mean off the premises of the owner, and not under the control of the owner nor under visual supervision, a member of his immediate family, or an agent of the owner, by leash, cord or chain so that at all times the dog may be prevented from causing any damage, disturbance, nuisance or annoyance. The following conditions shall not be allowed and if present on a property, the owner shall immediately abate such condition: (2) The inspector shall inspect premises upon receiving information that it is in violation of this section or is otherwise in such unsafe condition that the public safety is endangered. Any cleaning that is done by Town staff shall be billed at a rate of not less than $50 per hour, and the minimum charge for any cleaning shall be not less than $25. Found inside – Page 9Putney , VT . INNSITTERS " HAVE EXPERIENCE , WILL TRAVEL . " Patricia Lee , professional relief innkeeper . ... In addition , a tool for planners was written to assist them in designing reasonable zoning ordinances affecting bed - and ... (6) Any violation of this section shall be considered a Third Degree civil violation. (5) Notwithstanding subsection 3 of this section, the Selectboard may decline to select any of the proposed roadway names provided by a proponent, and may request additional proposed names or name the roadway itself. OF ADJ., 159 Vt. 193 (1992) 616 A.2d 1137 Allen Wilcox v. Village of Manchester Zoning Board of Adjustment No. Government markers shall be allowed in addition to all other headstones or markers authorized in this Chapter. (2) Second Class Permit shall mean any alarm system installed in a structure designed and used primarily for human habitation with three or less separate dwellings. Found inside – Page VP-33REFERENCES : First Vermont Bank and Trust Co. , Rutland , Vermont ; Factory Point National Bank , Manchester , Vermont ... PRACTICE AREAS : Real Estate ; Act 250 and Subdivision Regulations ; Probate & Estate Planning ; Civil Litigation ... The Town may require, at its sole discretion, insurance coverage greater than $1,000,000. (7) Vendors shall obtain written permission from the landowner of any property on which vending is to occur. (2) Any license issued must allow for the safe passing of pedestrians, as well as compliance with the Americans with Disabilities Act and other access standards, regulations and laws. (5) A violation of subsections 1 and 2 of this section shall be considered a Second Degree civil violation. (g) Both sides of Union Street, from the Village boundary to Richville Road. (1) Unless sooner redeemed by payment, it shall be the duty of the pound keeper or other official designated by the Town Manager to keep all dogs so impounded for a period of seven days. I. (3) The Permittee authorized in subsection 2 of this section shall be responsible for the safety of the area, erecting and maintaining appropriate signage, securing equipment, and traffic control. The Manchester Planning Board hears applications for subdivision, site plans, planned developments and conditional use permits. 2001 - 20032 years. (8) It shall be unlawful for anyone to access the vault, remove a body or place a body in the vault unless the sexton or assistant sexton is present. The fee, established in Addendum A, shall be paid upon purchase of a lot. The dowels shall be drilled 1 foot into the existing slab. This Chapter was duly adopted by the Legislative Body of the Town, the Selectboard, in accordance with 24 V.S.A. (7) Under no circumstances shall a Class I vendor footprint exceed 100 square feet. (k) Both sides of Recreation Park Road, except the designated drop-off area in front of the Park House, which shall be for drop off and pick up only and not to exceed five minutes. (6) Vendors shall post a copy of the vending license in a conspicuous place for public examination at all times while in operation. 7A (Main Street), Town Highway 1-3: Rt. (1) No person, organization, corporation or other entity shall use Town roadways, rights of way, sidewalks or parking lots to display merchandise for sale, except as may be provided by through a majority vote of the Selectboard on the so-called “sidewalk sales” weekend. Vendors may not use tents, canopies, awnings, or other multiple-pole apparatus. Found inside – Page 225Zoning Board of Review ( 1960 ) , 91 R.I. 277 , 162 A.2d 807 ; In re Willey ( 1958 ) , 120 Vt . 359 , 140 A.2d 11. ... The law wrestles with these problems in the context of zoning ordinances as well as in regard to restrictive ... (c) Within fifty (50) feet of a neighboring property line or within fifty (50) feet of any structure larger than 120 square feet. Unless otherwise provided for herein, traveled roadway, traveled way and roadway shall mean the portion of a right of way improved, designed, or ordinarily used for vehicular traffic. 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