Town of Bakersfield

Town of

Bakersfield

ZONING AND SUBDIVISION

BYLAW

Adopted by the Voters:

Effective on: March 7, 2017

Bakersfield Zoning and Subdivision Bylaw 2017

Table of Contents

ARTICLE 1 AUTHORITY AND PURPOSE ..................................................................... 3

1.1 STATUTORY AUTHORIZATION AND ENACTMENT .................................................................. 3

1.2 SEVERABILITY ..................................................................................................................................... 3

1.3 GENERAL PURPOSE ............................................................................................................................ 3

1.4 APPLICABILITY ................................................................................................................................... 3

1.5 INTERPRETATION ............................................................................................................................... 3

1.6 COMPUTATION OF TIME ................................................................................................................. 3

1.7 LIMITATIONS AND EXEMPTIONS .................................................................................................. 3

ARTICLE 2 ADMINISTRATION & ENFORCEMENT ...................................................... 7

2.1 ADMINISTRATION ............................................................................................................................... 7

2.2 FEES ......................................................................................................................................................... 8

2.3 PUBLIC NOTICE REQUIREMENTS ................................................................................................. 8

2.4 ISSUANCE OF ZONING PERMITS AND DECISIONS .................................................................... 9

2.5 ROAD ACCESS PERMIT ................................................................................................................... 12

2.6 CERTIFICATE OF COMPLIANCE .................................................................................................. 12

2.7 APPEALS ............................................................................................................................................... 13

2.8 VIOLATIONS AND ENFORCEMENT ............................................................................................. 14

ARTICLE 3 ZONING DISTRICTS AND DISTRICT REGULATIONS ............................ 16

3.1 ESTABLISHMENT OF ZONING DISTRICTS AND OFFICIAL ZONING MAP .................... 16

3.2 INTERPRETATION OF ZONING DISTRICT BOUNDARIES ..................................................... 16

3.3 ZONING DISTRICT PURPOSES AND SUPPLEMENTAL STANDARDS .................................. 17

3.4 ZONING DISTRICT USES AND DIMENSIONAL STANDARDS ................................................. 19

ARTICLE 4 PERMIT REVIEW PROCEDURES AND STANDARDS ............................ 22

4.1 PERMITTING PROCESS ................................................................................................................... 22

4.2 APPLICATION REQUIREMENTS ................................................................................................... 22

Bakersfield Zoning and Subdivision Bylaw 2017

4.3 SITE PLAN REVIEW .......................................................................................................................... 24

4.4 CONDITIONAL USE REVIEW .......................................................................................................... 25

4.5 VARIANCE REVIEW .......................................................................................................................... 27

ARTICLE 5 GENERAL REGULATIONS ...................................................................... 29

5.1 APPLICABILITY ................................................................................................................................. 29

5.2 USES ....................................................................................................................................................... 29

5.3 STRUCTURES ...................................................................................................................................... 30

5.4 ACCESS AND DRIVEWAYS .............................................................................................................. 31

5.5 EXISTING SMALL LOTS ................................................................................................................... 32

5.7 HEIGHT LIMITATIONS .................................................................................................................... 32

5.8 NONCONFORMITIES ........................................................................................................................ 33

5.9 OUTDOOR LIGHTING ....................................................................................................................... 34

5.10 PARKING ............................................................................................................................................ 35

5.11 PERFORMANCE STANDARDS ...................................................................................................... 36

5.12 PRIMARY CONSERVATION RESOURCES ................................................................................. 36

5.13 SIGNS ................................................................................................................................................... 37

5.14 STORAGE OF JUNK MOTOR VEHICLES ................................................................................... 38

5.15 WASTEWATER AND POTABLE WATER SUPPLY SYSTEMS ................................................ 38

ARTICLE 6 SPECIFIC USE STANDARDS .................................................................. 39

6.1 APPLICABILITY ................................................................................................................................. 39

6.2 ACCESSORY DWELLINGS ............................................................................................................... 39

6.3 CAMP CONVERSIONS ....................................................................................................................... 39

6.4 CONTRACTOR’S YARD ................................................................................................................ 40

6.5 CAMPGROUNDS AND RECREATIONAL VEHICLES ............................................................. 40

6.6 GAS STATIONS ................................................................................................................................... 41

6.7 HOME BASED BUSINESSES (Home Occupations and Cottage Industries) .............................. 42

6.8 EXCAVATION AND EARTH RESOURCE EXTRACTION .......................................................... 43

Bakersfield Zoning and Subdivision Bylaw 2017

iii

6.9 MIXED USE .......................................................................................................................................... 44

6.10 MOBILE HOME PARKS .................................................................................................................. 45

6.11 SALVAGE YARDS ............................................................................................................................. 45

6.12 TELECOMMUNICATIONS FACILITIES ..................................................................................... 46

6.13 WIND ENERGY CONVERSION SYSTEMS (WECS) ............................................................ 48

ARTICLE 7 SUBDIVISION REVIEW ............................................................................ 50

7.1 APPLICABILITY ................................................................................................................................. 50

7.2 APPLICATION MATERIALS ............................................................................................................ 50

7.3 SUBDIVISION REVIEW PROCEDURES ......................................................................................... 54

7.4 GENERAL SUBDIVISION STANDARDS ......................................................................................... 59

7.5 FIXED AREA ALLOCATION FOR PRESERVATION OF LAND WITHIN THE RURAL AND

CONSERVATION DISTRICTS ................................................................................................................ 62

ARTICLE 8 PLANNING AND DESIGN STANDARDS ................................................ 64

8.1 APPLICATION OF STANDARDS .................................................................................................... 64

8.2 ROAD STANDARDS ........................................................................................................................... 64

8.3 SIDEWALKS AND PEDESTRIAN ACCESS .................................................................................... 66

8.4 PROTECTION OF FARMLAND AND FORESTS .......................................................................... 66

8.5 STORMWATER MANAGEMENT AND EROSION CONTROL .................................................. 66

8.6 LANDSCAPING AND SITE PRESERVATION .............................................................................. 67

ARTICLE 9 PLANNED UNIT DEVELOPMENT ............................................................ 69

9.1 PURPOSE AND APPLICABILITY ................................................................................................... 69

9.2 REVIEW PROCESS AND APPLICATION MATERIALS............................................................. 69

9.3 GENERAL PUD STANDARDS ........................................................................................................... 69

9.4 DENSITY OF DEVELOPMENT ....................................................................................................... 70

9.5 OPEN SPACE ........................................................................................................................................ 71

ARTICLE 10 FLOOD HAZARD AND RIVER CORRIDOR REGULATIONS ................ 73

10.1 STATUTORY AUTHORIZATION AND EFFECT ........................................................................ 73

Bakersfield Zoning and Subdivision Bylaw 2017

10.2 STATEMENT OF PURPOSE ............................................................................................................ 73

10.3 LANDS TO WHICH THESE STANDARDS APPLY ..................................................................... 73

10.4 DEVELOPMENT REVIEW IN HAZARD AREAS ........................................................................ 74

10.5 FLOOD HAZARD AREA DEVELOPMENT STANDARDS ......................................................... 76

10.6 STANDARDS FOR REVIEW OF NONCONFORMING STRUCTURES AND USES ............... 79

10.7 VARIANCES TO THE DEVELOPMENT STANDARDS .............................................................. 80

10.8 ADMINISTRATION ........................................................................................................................... 80

10.9 CERTIFICATE OF COMPLIANCE ................................................................................................ 81

10.10 VIOLATION OF FLOOD HAZARD AREA REGULATIONS ................................................... 81

10.11: FLOOD HAZARD DEFINITIONS ................................................................................................ 82

ARTICLE 11 DEFINITIONS .......................................................................................... 88

ARTICLE 12 INDEX ...................................................................................................... 98

ZONING MAP ............................................................................................................. 100

List of Tables

Table 1.1. Municipal Permits and Approvals: Town of Bakersfield……………………….…6

Table 3.1. Dimensional Standards and Uses by Zoning District……………………….…....19

Table 4.1 Application Requirements………………………………………………………....23

Table 5.1 Parking Space Requirements………………………………………………..…......35

Table 5.2 Regulations for Signs……………………………………………………………….38

Table 6.1 Campground Road Standards.……………………………………………….…….41

Table 6.2 Gasoline Station Dimensional Requirements………………………………...…….41

Table 7.1 Subdivision Application Requirements……………………………….……………51

List of Figures

Figure 4.1 The Development Review Process in Bakersfield…………………………....…...22

Figure 4.2 Determining Undue Adverse Effect ………………………………………..…......27

Figure 5.1 B-71 Standards for Residential Drives (VTrans)……………………………..…...31

Figure 5.2 Increasing the Degree of Nonconformity…………………………………….…....34

Figure 7.1 Plan and Survey Plant Specifications in Bakersfield……………………………...50

Figure 7.2 Sketch Plan…………………………………………………………………..…….55

Figure 7.3 Irregular Lots……………………………………………………………………....60

Figure 7.4 Building Envelopes...................................................................................................60

Figure 9.1 Determining Density When a Single Parcel is Located in Two Zoning Districts…70

Figure 10.1 Special Flood Hazard Area…………………………………….............................85

Figure 10.2 Special Flood Hazard Area and River Corridor ………………….........................85

Bakersfield Zoning and Subdivision Bylaw 2017

Figure 10.3 Top of Bank and Top of Slope……………………………………........................87

Figure 11.1 Measuring Height…………………………………………………………….…...92

Bakersfield Zoning and Subdivision Bylaw 2017

ARTICLE 1 AUTHORITY AND PURPOSE

1.1 STATUTORY AUTHORIZATION AND ENACTMENT

In accordance with the Vermont Planning and Development Act, 24 V.S.A., Chapter 117

(hereinafter referred to as “the Act”), there is hereby established a Zoning and Subdivision

Bylaw for the town of Bakersfield, Vermont, which consists of this text and an Official Zoning

Map and the latest Flood Insurance Rate Map. These regulations shall amend in their entirety

any existing zoning and subdivision Bylaw for the Town of Bakersfield. These regulations shall

take effect and may be amended only according to the procedures and requirements specified in

Sections 4441 and 4442 of the Act.

1.2 SEVERABILITY

If any provision of these regulations is held unconstitutional or invalid, all other unaffected

provisions shall remain in force.

1.3 GENERAL PURPOSE

The purpose of these regulations is to implement the Bakersfield Town Plan, as authorized by the

Act (§ 4302), to promote the health, safety and general welfare of the residents of Bakersfield,

Vermont, to provide for orderly community growth and to maintain and enhance the natural

beauty and environment of the town.

1.4 APPLICABILITY

In Bakersfield, no land development (as defined in Article 11) shall commence except in

compliance with all regulations and provisions of these regulations. Any land development not

authorized under these regulations shall be prohibited. The provisions of these regulations shall

take precedence over any less restrictive controls.

1.5 INTERPRETATION

Except where defined in Article 11 of these regulations, all words shall carry their customary

dictionary meanings. Any interpretation of words or provisions in these regulations by the

Zoning Administrator may be appealed to the Board of Adjustment for a declaratory ruling. The

Board shall publish (and update from time to time) such rulings of interpretation to ensure

consistent and uniform application of these regulations.

1.6 COMPUTATION OF TIME

When computing a period of time beginning with an event (e.g. submission of a permit

application) the day of the event shall not be counted.

1.7 LIMITATIONS AND EXEMPTIONS

A. Limitations on Local Zoning

1. Public Facilities may be regulated only with respect to location, size, height, building

bulk, yards, courts, setbacks, density of buildings, off-street parking, loading facilities,

traffic, noise, lighting, landscaping, and screening requirements, and only to the extent

that regulations do not have the effect of interfering with the intended functional use (24

V.S.A. §4413a). Public facilities include:

Bakersfield Zoning and Subdivision Bylaw 2017

a. State- or community-owned and operated institutions and facilities;

b. Public and private schools and other educational institutions certified by the state

Department of Education;

c. Churches and other places of worship, convents, and parish houses;

d. Public and private hospitals;

e. Regional solid waste management facilities certified under 10 V.S.A. Chapter 159;

f. Hazardous waste management facilities for which a notice of intent to construct has

been received under 10 V.S.A. § 6606a.

2. Except as otherwise provided by this section and by 10 V.S.A. § 1976, if any Bylaw is

enacted with respect to any land development that is subject to regulation under state

statutes, the more stringent or restrictive regulation shall apply.

B. State Exemptions. The following uses and structures are specifically exempted from

municipal land use and zoning and subdivision by state law. Therefore no municipal zoning

permit or approval under these regulations shall be required for:

1. Public utility power generating plants and transmission facilities that are regulated by the

Vermont Public Service Board under 30 V.S.A. § 248 including wind generation

facilities and solar generation facilities.

2. Required agricultural and silvicultural practices, including the construction of farm

structures, as those practices are defined by the Secretary of Agriculture, Food and

Markets or the Commissioner of Forests, Parks and Recreation, respectively, under

subsections 1021(f) and 1259(f) of Title 10 and section 4810 of Title 6.

a. For purposes of these regulations, “farm structure” means a building, enclosure, or

fence for housing livestock, raising horticultural or agronomic plants, or carrying out

other practices associated with accepted agricultural or farming practices, including a

silo, as “farming” is defined in subdivision 6001(22) of Title 10, but excludes a

dwelling for human habitation.

b. A person shall notify the Zoning Administrator in writing of the intent to build a farm

structure, shall provide a site plan with the proposed facility, and a letter of

determination from the Agency of Agriculture, Food and Markets indicating that the

proposed structure is a farm structure. The structure shall abide by setbacks approved

by the Secretary of Agriculture, Food and Markets. No municipal permit for a farm

structure shall be required.

3. Hunting, fishing or trapping on public or private land as specified by the state [under 24

V.S.A. §2295]. This excludes facilities that may support such activities, such as firing

Bakersfield Zoning and Subdivision Bylaw 2017

ranges, rod and gun clubs, and fish and game clubs, which are subject to these

regulations.

C. Local Exemptions. The following uses and structures are locally exempted from

requirements to receive a municipal zoning permit or approval under these regulations.

However, such structures and uses shall still be subject to minimum standards required in

these regulations:

1. One detached accessory structure less than 100 square feet and less than 35 feet tall,

unless located in the flood hazard overlay district (See Section 10). All attached

accessory structures require a zoning permit.

2. Interior renovations that do not change the use of a structure.

3. Handicapped ramps.

4. Patios.

5. Sidewalks located on a property with a single family home use and used to provide

access to the single family home.

6. Stairs used to access structures provide that the stairs are not located within a setback.

7. Fences less than 6 feet in height. Fences shall be exempt from all setback requirements

in these regulations.

8. Recreational trails on public lands.

9. Driveways providing access to single family homes. All driveways shall still be required

to meet the standards in Section 5.4 – Access and Driveways.

10. Fire escapes required per the Vermont State Fire and Building Safety Code.

11. Grading, excavation, and/or fill of less than 100 cubic feet of soil or material provided

that such activity does not occur within the setback area and is the only exempt grading

action to occur within a 3 year period on an individual lot or series of lots in contiguous

ownership.

Bakersfield Zoning and Subdivision Bylaw 2017

TABLE 1.1

MUNICIPAL PERMITS AND APPROVALS: TOWN OF BAKERSFIELD

Permit/Approval

Required for

Issued by

See

Zoning Permit

All land development as defined in Article 11,

including signs, accessory structures, conversions

and changes of use unless specifically exempted

from these regulations under Section 1.7.

Zoning

Administrator

Section 4.1

Site Plan

Approval

All uses identified as requiring site plan review in

Table 2.

Planning

Commission

Section 4.3

Conditional Use

Approval

All uses classified as conditional uses in certain

zoning districts in Table 2 and nonconformities

under Section 5.8.

Board of

Adjustment

Section 4.4

Variance

Approval

Requests for a variance from the provisions of

these regulations.

Board of

Adjustment

Section 4.5

Flood Hazard

Area

Development

Approval

Requests for land development in the Flood

Hazard Overlay District.

Board of

Adjustment

Article 10

Planned Unit

Development

(PUD) Approval

All planned unit developments, as defined in

Article 11.

Planning

Commission

Article 9

Certificate of

Compliance

All new principal structures, additions to principal

structures, and accessory dwelling units that have

been issued a zoning permit before such structures

may be occupied for their intended use.

Zoning

Administrator

Section 2.6

Subdivision

Approval

All land subdivisions as defined in Article11,

including boundary line adjustments.

Planning

Commission

Article 7

Sketch Plan

Approval

All applications for subdivision approval.

Planning

Commission

Section 7.3

Preliminary

Plan Approval

All applications for major subdivisions (creating 3

or more lots)

Planning

Commission

Section 7.3

Final Plan

Approval

All applications for subdivision approval.

Planning

Commission

Section 7.3

Plat Recording

All approved subdivisions of land, including

boundary line adjustments.

Planning

Commission

Section 7.4

Access by Right-

of-Way Approval

Development on or access to lots without frontage

on a maintained public road or public waters.

Planning

Commission

Section 5.4

Road Access

Permit

Installation of a driveway or road intersection

with a Town or State road, or a right-of-way.

Town Road

Commissioner

Section 2.5

Bakersfield Zoning and Subdivision Bylaw 2017

The Zoning Administrator must

refer all land development that

requires conditional use review, site

plan review, subdivision approval,

variance approval, access by right-

of-way approval, and any other

board approval to the Planning

Commission or Board of

Adjustment before a zoning permit

or denial may be issued.

ARTICLE 2 ADMINISTRATION & ENFORCEMENT

2.1 ADMINISTRATION

These regulations shall be administered by a Zoning Administrator, the Planning Commission

and the Board of Adjustment, whose appointment, removal, power and duties shall be as

prescribed in Subchapters 9 and 10 of the Act.

A. Zoning Administrator. The Select Board shall appoint, from nominations submitted by the

Planning Commission, a Zoning Administrator for a term of three (3) years in accordance

with the Act §4448. An acting or assistant Zoning Administrator may also be appointed by

the Select Board pursuant to the Act.

The Zoning Administrator shall literally administer and strictly enforce the provisions of

these regulations and perform the following tasks:

 Approve, deny, or refer applications for Zoning

Permits;

 Approve or deny applications for Certificate of

Compliance

 Inspect and investigate public or private property as

necessary and/or in response to a written complaint in

order to determine compliance with these regulations;

 Pursue violations of these regulations through

procedures set forth under Section 2.8;

 Provide forms and maintain a full and exact record,

available to the public, of all applications and fees

received, permits issued and denied, and violations

reported; and

 Maintain a record of development in the flood hazard area.

 All other duties as required by the Act.

B. Planning Commission. There shall be a Planning Commission consisting of not less than 3

or more than 9 voting members who are elected to serve a specified term. Vacancies shall be

filled by the Selectboard until the next meeting of the municipality, at which time the voters

shall elect a member to fill the unexpired term. The Planning Commission shall adopt rules

of procedure and ethics policies in regard to conflicts of interest to guide its official conduct

in conformance with the Act [§ 4323 and 4461] and Vermont’s Open Meeting Law [1 V.S.A.

310-314].

The duties of the Planning Commission include:

 Prepare and update the Town Plan, undertake capacity studies and make

recommendations on matters of land development, and perform other duties as described

in 24 V.S.A. § 4325;

 Prepare amendments to these regulations and other regulations as permitted by the Act;

 Consider and act on applications for access by right-of-way;

 Consider and act on applications for Planned Unit Developments;

 Consider and act on applications for Site Plan Approval;

Bakersfield Zoning and Subdivision Bylaw 2017

 Consider and act on applications for subdivision approval; and

 All other duties as required by the Act.

C. Zoning Board of Adjustment. A Board of Adjustment, consisting of not less than 3 nor

more than 9 members, shall be appointed by the Selectboard for specified terms. Vacancies

shall also be filled by appointment of the Selectboard for unexpired terms. Any member of

the Board of Adjustment may be removed for just cause by the Selectboard upon written

charges and after a public hearing. The Board shall adopt rules of procedure and ethics

policies with regard to conflicts of interest to guide its official conduct in accordance with the

requirements of the Act [§4461] and Vermont’s Open Meeting Law [1 V.S.A. §§310-314].

The Board of Adjustment shall have all powers set forth in the Act to administer the

provisions of these regulations, including:

 Consider and act on applications for conditional use;

 Consider and act on requests for variance;

 Consider and act on appeals of any decision or act of the Zoning Administrator; and

 Any other reviews required by these regulations.

2.2 FEES

The Selectboard shall establish a schedule of application fees and amend the schedule as needed

to cover some or all of the cost of the administration and enforcement of these regulations. In

accordance with the Act [§ 4440], the fee schedule may include provisions that require

applicants to pay for reasonable costs of an independent technical review of their applications.

The schedule of fees shall be posted in the offices of the Town Clerk and Zoning Administrator,

and may be altered or amended only by resolution of the Selectboard.

2.3 PUBLIC NOTICE REQUIREMENTS

A. In accordance with the Act §4464, a warned public hearing shall be required for conditional

use, appeals of decisions of the Zoning Administrator, variances, access by right-of-way, and

final subdivision review. Public notice shall be given not less than fifteen (15) days prior to

the date of the hearing and shall include all of the following:

1. Publication of the date, place and purpose of the public hearing in a newspaper of general

circulation in Bakersfield;

2. Posting of the same information in three (3) or more public places within the

municipality, including the posting of a hearing notice, on a form provided by the Town

of Bakersfield, within view of the public right(s)-of-way nearest to the property for which

the application is being made;

3. Written notification to the applicant and to owners of all properties adjoining the property

subject to subdivision or development, without regard to public rights-of-way. This

notice shall include a description of the proposed project, information that clearly informs

the recipient where additional information may be obtained, and that participation in the

local proceeding is a prerequisite to the right to take any subsequent appeal; and

4. Written notification to the clerk of the adjoining municipality for hearings on subdivision

plats located within 500 feet of a town boundary.

Bakersfield Zoning and Subdivision Bylaw 2017

B. Public notice for site plan review, preliminary subdivision review, and sketch subdivision

shall be given not less than seven (7) days prior to the date of the public hearing, and shall at

minimum include the following:

1. Posting of the date, place and purpose of the hearing in three (3) or more public places

within the municipality; and

2. Written notification to the applicant and to owners of all properties adjoining the property

subject to development, without regard to public rights-of-way, which includes a

description of the proposed project, information that clearly informs the recipient where

additional information may be obtained, and that participation in the local proceeding is a

prerequisite to the right to take any subsequent appeal.

C. No defect in the form or substance of any required public notice under this section shall

invalidate the action of the Planning Commission and/or Board of Adjustment where

reasonable efforts have been made to provide adequate posting and notice. However, the

action shall be invalid when the defective posting or notice was materially misleading in

content. If an action is ruled to be invalid by the Board of Adjustment or the Environmental

Court, the action shall be remanded to the Board to provide new posting and notice, hold a

new hearing, and take a new action.

2.4 ISSUANCE OF ZONING PERMITS AND DECISIONS

A. Permits Issued by Zoning Administrator. Within thirty (30) days of receipt of a

completed application, including all application materials and fees, the Zoning Administrator

shall either issue or deny a permit in writing, or refer the application to either the Planning

Commission or the Board of Adjustment for their review and action. The issuance of permits

is subject to the requirements of § 4449 and 4424(D) of the Act. If the permit is denied, the

Zoning Administrator shall so notify the applicant in writing, stating the reasons for denial.

If the Zoning Administrator fails to act within the 30 day period, the result shall be deemed

approval. If a permit is approved, it shall take effect fifteen days from the date of issuance

and shall run with the land.

1. When the Zoning Administrator issues a zoning permit, the applicant shall post a permit

notice, on a form provided by the Town of Bakersfield, within view of the public right-

of-way most nearly adjacent to the subject property until the applicable time for appeal

has passed (see Section 2.7). The notice shall contain a statement of the appeal period

and information noting where a full description of the project and approval can be found.

2. In accordance with the Act [§4449(a)], when an application for a zoning permit seeking

approval of a structure is submitted, the Zoning Administrator shall provide the applicant

with a copy of the applicable building energy standards under 30 V.S.A. §§ 51

(residential building energy standards) and 53 (commercial building energy standards).

However, the Zoning Administrator need not provide a copy of the standards if the

structure is a sign or a fence or the application certifies that the structure will not be

heated or cooled. In addition, the Zoning Administrator may provide a copy of the

Vermont Residential Building Energy Code Book published by the Department of Public

Service in lieu of the full text of the residential building energy standards.

Bakersfield Zoning and Subdivision Bylaw 2017

3. Within three (3) days following the issuance of a zoning permit, the Zoning

Administrator shall post a copy of the permit in the Town Clerk’s Office until the

expiration of the appeal period.

4. Within 30 days after the issuance of a zoning permit or notice of violation, the Zoning

Administrator shall comply with the recording requirements in Section 2.4(D)

5. For development where a prior permit or approval has been issued, including subdivision

plat approval, no zoning permit shall be issued until documentation is provided that all

applicable conditions of the prior permit or approval have been met.

6. Any zoning permit issued based upon material inaccuracies or misrepresentation in an

application or in any supporting documentation to an application shall be considered null

and void, and shall not be construed as waiving any provision of these regulations. At a

minimum, reapplication to complete and/or continue any activities shall be required.

Written notice of alleged gross or consistent misrepresentation of facts or incompetence

by an attorney, professional engineer, land surveyor, site technician or other professional

person who misrepresents facts pertaining to a client’s property or who submits erroneous

plats, surveys, evidence, etc., shall be sent to the person so charged and to State of

Vermont Licensing Authorities by registered mail, return receipt requested, and shall

request the suspension of the accused person’s right to practice in matters addressed by

these regulations within the Town of Bakersfield for a period of two years.

B. Decisions Issued by Planning Commission and Board of Adjustment. The Planning

Commission and/or Board of Adjustment shall prepare a written decision for all land

development applications within 45 days after the adjournment of the final public hearing.

The Zoning Administrator shall send the Board’s decision to the applicant or appellant by

certified mail. Copies of each decision shall also be mailed to every person or body both

appearing and having been heard at the hearing. The Zoning Administrator shall record a

copy of the decision in the municipal land records in accordance with Section 2.4(D) and a

copy maintained on file in the Town Clerk’s Office in accordance with the Act. Failure to

issue a decision within the 45-day period shall result in deemed approval. In addition:

1. All decisions shall be issued in writing and shall separately state findings of fact and

conclusions of law. Findings of fact shall explicitly and concisely restate the underlying

facts that support the decision, based exclusively on recorded evidence. Conclusions

shall be based on the findings of fact. The decision shall also include a statement of the

time within which appeals under Section 2.7 may be taken. The minutes of a meeting

may suffice, provided that the factual basis and conclusions relating to the review

standards are provided in accordance with these requirements.

2. In making a decision in favor of the applicant, the Planning Commission and/or Board of

Adjustment may attach conditions and safeguards as it deems necessary to implement the

purposes of the Act, these regulations, and the Town Plan currently in effect.

Once an applicant has received all necessary board approvals, a zoning permit shall be issued by

the Zoning Administrator.

Bakersfield Zoning and Subdivision Bylaw 2017

C. Zoning Permit Effective Date.

1. No permit shall take effect until the 15-day appeal period has passed. In the event that a

notice of appeal is properly filed, the permit shall not take effect until adjudication of that

appeal by the Board of Adjustment is complete and the time for taking an appeal to the

Environmental Court has passed without an appeal being taken. If an appeal is taken to

the Environmental Court, the permit shall not take effect until the Environmental Court

rules in accordance with 10 V.S.A. § 8504 on whether to issue a stay, or until the

expiration of 15 days, whichever comes first.

2. Permits shall be effective for a period of twenty-four (24) months. The Zoning

Administrator may grant one-year extensions if active construction has continued for, but

has not been completed within, a 12-month period.

D. Recording Requirements. Within 30 days after the issuance of a zoning permit, Planning

Commission and/or Board of Adjustment decision, or notice of violation, the Zoning

Administrator shall deliver either the original, a legible copy, or a notice of the permit or

violation to the Town Clerk for recording in the municipal land records as provided in 24

V.S.A. 1154(a). The applicant may be charged the cost of the recording fees as required by

law.

1. The Zoning Administrator shall maintain a record of development within the Flood

Hazard Area Overlay District including:

a. All permits issued for development in areas of special flood hazard;

b. The elevation, in relation to mean sea level, of the lowest floor, including basement,

of all new or substantially improved buildings;

c. The elevation, in relation to mean sea level, to which buildings have been

floodproofed;

d. All flood proofing certifications required under this regulation; and

e. All variance actions, including justification for their issuance.

E. Multiple Reviews and Combined Reviews.

1. In cases where development proposals require more than one type of development

review, the review process shall be conducted in the following order, to the extent

feasible:

a. Access by right-of-way; then

b.Conditional Use Review; then

c. Requests for Waivers or Variances; then

d.Site Plan Review; then

e. Subdivision Approval (preliminary and final)

PUD approval shall occur concurrently with subdivision or site plan approval and in

accordance with Section 9.2.

Bakersfield Zoning and Subdivision Bylaw 2017

2. In accordance with 24 V.S.A. §4462, in cases where a proposed project will require

review by more than one Board, the Planning Commission and Board of Adjustment may

warn and hold a combined hearing or single hearing for the purpose of reviewing and

acting on the proposal. The Zoning Administrator shall identify proposed projects

appropriate for combined review and assist applicants in preparing and submitting

coordinated applications to facilitate combined review.

3. All notice requirements and provisions applicable to each purpose of the hearing shall be

complied with. Notice for combined review, to the extent feasible, shall be made in the

same public notice. In the case of differing notice requirements, the process that provides

more notice, by amount of time or by other means, shall apply. The hearing notice shall

include a statement that the hearing will be a combined review of the proposed project

and list each review that will be conducted at the hearing.

4. All decision requirements and deadlines applicable to each purpose of the proceedings

shall apply. Separate written decisions may be issued for each review conducted as part

of the combined review, but decision shall be combined and coordinated when

appropriate.

F. Review Under Pending Amendment to these Regulations. In accordance with 24 VSA

§4449(d), once the Bakersfield Selectboard has issued a public notice to amend these

regulations, the Zoning Administrator shall review any new application under both the

proposed amendment and applicable existing regulations. If the new bylaw or amendment

has not been adopted or rejected within 150 days of that notice or, if the bylaw is rejected, the

application shall be reviewed under the existing regulations. An application that has been

denied under a proposed bylaw or amendment that has not been adopted, or had been

rejected, shall be reviewed again at no cost under the existing regulations at the request of the

applicant.

2.5 ROAD ACCESS PERMIT

A. Road Access Permits shall be required for all new accesses to public roads, alterations to

existing accesses to public roads, and for any work, construction, or land development

performed within a public right-of-way per the Bakersfield Selectboard policy. If a Road

Access Permit is required, it shall be obtained prior to the issuance of a Zoning Permit for

any associated land development.

2.6 CERTIFICATE OF COMPLIANCE

A. All new principal structures, additions to principal structures, and accessory dwelling units

that have been issued a zoning permit shall receive a Certificate of Compliance from the

Zoning Administrator before such structures may be occupied for their intended use. A

Certificate of Compliance shall be issued by the Zoning Administrator if the following

criteria have been met:

1. The structure and use conforms to the Zoning Permit and the provisions of these

Regulations.

Bakersfield Zoning and Subdivision Bylaw 2017

2. The structure and use has a Wastewater and Potable Water Supply Permit from the State

of Vermont if required (see Section 5.15).

3. The structure has a 911 address number displayed to be visible from the road (public or

private).

4. The structure and use complies with any other relevant Town ordinances or regulations.

5. If an applicant has determined that a certificate as explained in 30 V.S.A. 51 (residential

building energy standards) or 30 V.S.A. 53 (commercial building energy standards) is

required for any land development, a signed copy of such certificate shall be provided to

the Zoning Administrator before the issuance of a Certificate of Compliance.

6. If an applicant has applied for a Certificate of Compliance for the installation of a mobile

home or manufactured home, the applicant shall provide the Zoning Administrator with a

copy of a completed HUD Form 309 (as required in 24 C.F.R. 3285 and 3286) before the

Certificate of Compliance is issued.

B. If the Zoning Administrator fails to grant or deny a Certificate of Compliance for land

development within thirty (30) days after receiving an application, the Certificate of

Compliance may be deemed issued. It shall be unlawful to use or occupy or permit the use or

occupancy of any premises for which a Certificate of Compliance has not been issued.

C. A Certificate of Compliance may also be issued by the Zoning Administrator upon request of

a property owner provided that the above criteria are met and provided that there are no

outstanding zoning violations on the property.

2.7 APPEALS

A. Appealing Decisions of the Zoning Administrator. The applicant or any interested person

(as defined in the Act § 4465(b)) may appeal any decision or act taken by the Zoning

Administrator by filing a written notice of appeal with the Secretary of the Board of

Adjustment within 15 days of the act or decision.

1. A notice of appeal filed under this section shall include the following information in

accordance with § 4466 of the Act:

a. the name and address of the appellant;

b. a brief description of the property with respect to which the appeal is taken;

c. a reference to the applicable provisions of these regulations;

d. the relief requested by the appellant, including any request for a variance from one or

more provisions of these regulations; and

e. the alleged grounds why such relief is believed proper under the circumstances.

2. The Board of Adjustment shall set a date, time, and place for a public hearing on an

appeal which shall be within 60 days of filing of the notice of appeal according to § 4465

of the Act. The secretary of the Board of Adjustment shall give public notice of the

Bakersfield Zoning and Subdivision Bylaw 2017

hearings not less than 15 days prior to the hearing date in accordance with Section 2.3 of

these regulations.

3. In accordance with the Act, § 4464(b), upon completion of a hearing, the Board shall

render a written decision within forty-five (45) days and shall follow the requirements

and procedures in Section 2.4.

B. Appealing Decisions of the Planning Commission or Board of Adjustment. The

applicant or any other interested person who has participated in a municipal regulatory

proceeding as defined in the Act § 4471(a) may appeal any decision of the Board of

Adjustment or the Planning Commission within 30 days of such decision to the Vermont

Environmental Court.

1. Within thirty (30) days following the date of decision rendered by the Board of

Adjustment or Planning Commission, any notice of the appeal shall be:

a. sent via certified mail, with fees, to the Environmental Court;

b. sent to the Zoning Administrator, who shall provide a list of interested persons to the

appellant within 5 working days;

c. Upon receipt of the list of interested persons, the appellant shall, by certified mail,

provide a copy of the notice of appeal to every interested person.

2.8 VIOLATIONS AND ENFORCEMENT

A. Violations. The commencement or continuation of any land development, subdivision or

use which is not in conformance with the provisions of these Regulations shall constitute a

violation. All violations will be pursued in accordance with 24 V.S.A. §§ 4451, 4452

and/or as a civil matter enforced in accordance with the provisions of 24 V.S.A. §§ 1974a

et. seq. at the discretion of the Zoning Administrator. Each day that a violation continues

shall constitute a separate offense.

B. Notice of Violation. Pursuant to 24 V.S.A.§ 4451, no action may be brought under this

Section unless the alleged offender has had at least 7 days notice by certified mail that a

violation exists. The warning notice shall state that a violation exists, that the alleged

offender has an opportunity to cure the violation within the 7 day period, and that the

alleged offender will not be entitled to an additional warning notice for a violation

occurring after the 7 day period. Action may be brought without notice and opportunity to

cure if the alleged offender repeats the violation of the bylaw after the 7 day notice period

and within the next succeeding 12 months. Violations shall be recorded in the land records

pursuant to Section 9.11.

Enforcement.

In accordance with 24 V.S.A. §§ 4451, 4452, the Zoning Administrator

shall commence or cause to be commenced in the name of the municipality any appropriate

action, injunction or other proceeding to enforce the provisions of these Regulations.

Vermont Superior Court - Environmental Division

. The Zoning Administrator

may pursue or cause to be pursued any appropriate action, injunction or other

proceeding in the name of the municipality to enforce the provisions of these

Bakersfield Zoning and Subdivision Bylaw 2017

Regulations through the Environmental Division of Vermont Superior Court. All

fines imposed and collected for violations shall be paid over to the municipality.

Civil Enforcement Pursuant to 24 VSA

1974a.

The Zoning Administrator may

pursue or cause to be pursued enforcement action in the name of the municipality

through the Judicial Bureau if the penalty for all continuing civil ordinance

violations is $800.00 or less. All enforcement matters under Title 24, Chapter 117

greater then $800.00 shall be brought in the Vermont Superior Court –

Environmental Division. Penalties shall be imposed for violations of any provision

of these Regulations in accordance with 24 VSA §1974a and the schedule below:

A civil penalty of $50 may be imposed for the initial violation of these

Regulations. The penalty for the second offense shall be $100, and the penalty

for each subsequent offense shall be $200.

A waiver fee may be collected, in lieu of a civil penalty, for any person who

declines to contest a municipal complaint and pays the following waiver

amounts for each violation. The waiver fee shall be set at $25 for the first

offense, $50 for the second offense, and $100 for each subsequent offense.

Enforcement Limitations.

The municipality shall observe any limitations on enforcement proceedings

relating to municipal permits and approvals as set forth in 24 V.S.A. §4454. An

action, injunction or other enforcement proceeding relating to any municipal

land use permit may be instituted within 15 years of the date the alleged

violation first occurred, and not thereafter. The burden of proving the date the

alleged violation first occurred shall be on the person against whom the

enforcement action is instituted.

No action, injunction or enforcement proceeding may be instituted to enforce an

alleged violation of a municipal land use permit which received final approval

from the applicable board, commissioner, or officer of the municipality after

July 1, 1998, unless the municipal land use permit or a notice of the permit was

recorded in the land records of the municipality as required by 24 V.S.A. §4449.

Nothing in this Section shall prevent any action, injunction or other enforcement

proceeding by a municipality under any other authority it may have, including,

but not limited to, a municipality’s authority under Title 18 relating to the

abatement or removal of a public health risk or hazard.

Complaints

. Whenever a violation of these Regulations occurs, or is alleged to have

occurred, any person may file a written complaint with the Zoning Administrator. The

complaint shall state fully the causes and basis for the alleged violation. The Zoning

Administrator shall properly memorialize such a complaint, investigate within 30 days, and

take action as appropriate in accordance with these Regulations.

Bakersfield Zoning and Subdivision Bylaw 2017

ARTICLE 3 ZONING DISTRICTS AND DISTRICT REGULATIONS

3.1 ESTABLISHMENT OF ZONING DISTRICTS AND OFFICIAL ZONING MAP

A. The Town of Bakersfield is hereby divided into the following zoning districts:

 Village Center District

 High Density Residential District

 Rural District

 Conservation District

 Aquifer Overlay District

 Flood Hazard Overlay District

B. The Official Zoning Map shall consist of the Town of Bakersfield Zoning Map and the Town

of Bakersfield Flood Insurance Rate Maps (published by the Federal Emergency

Management Agency). The locations of the zoning districts are on the Official Zoning Map,

which is adopted by reference and declared to be part of these regulations. The Official

Zoning Map signed by the Select Board and located in the Town Clerk's Office shall be the

final authority as to the zoning status of all land and water areas in the Town of Bakersfield.

3.2 INTERPRETATION OF ZONING DISTRICT BOUNDARIES

A. Where uncertainty exists on the boundaries of zoning districts shown on the Official Zoning

Map, the following rules shall apply:

1. Boundaries indicated as approximately following the centerlines of roads, streams,

transportation and utility rights-of-way shall be construed to follow such centerlines.

The abandonment of roads and/or rights-of-way shall not affect the location of

boundaries.

2. Boundaries indicated as approximately following lot lines shall be construed to follow

such lot lines.

3. Boundaries indicated as parallel to, or as extensions of, features in A or B above shall be

so construed.

4. The Zoning Administrator shall be responsible for determining the location of a district

boundary line by the above rules or by the scale or dimensions on the Official Zoning

Map. All decisions by the Zoning Administrator regarding the location of a district

boundary line may be appealed to the Zoning Board of Adjustment per Section 2.7.

5. When a zoning district boundary established by these regulations divides a lot, the lot

may be developed in accordance with the following requirement:

a. When subdividing the lot, each newly created parcel must meet the dimensional

requirements for the district in which it is located unless it is part of a planned unit

Bakersfield Zoning and Subdivision Bylaw 2017

development. If a newly created parcel lies in two districts, the more restrictive

dimensional standards shall apply.

b. The permitted and conditional use restrictions for the district in which the use is to

occur shall control, and if the use is to occur in both districts, it must conform to the

restrictions of both.

c. When building a structure, the minimum frontage and setback requirements for the

district in which the structure is to be located shall control, and if the structure is to be

in both districts, the smaller requirement shall control.

3.3 ZONING DISTRICT PURPOSES AND SUPPLEMENTAL STANDARDS

The following section sets forth the stated purpose and supplemental standards for each zoning

district.

A. Village Center District

Purpose: The Village Center district represents the historic center of Bakersfield. This

district has a distinct historic character which features mixed residential, commercial and

public uses in a historic village setting. Development in this district should protect and

preserve existing historic resources, promote pedestrian access and maintain the village

character, including its historic settlement pattern, scenic character and sense of

community.

B. High Density Residential District

Purpose: This district is comprised of the area around the village center where additional

high-density development could be accommodated. This district provides a transition

between the compact development of the village center and the rural areas of Bakersfield.

It is designed to allow a radial pattern of development around the village in an effort to

discourage linear sprawl. Development in this district should complement and extend the

character and traditional development pattern of the village core. Interconnected street

networks and pedestrian access are encouraged in this district.

C. Rural District

Purpose: It is intended that this district remain rural, agricultural and silvicultural. The

preservation of farmland and prime agricultural soils is a major objective. Rural

residential development and compatible rural uses, at a density the land can support are

permitted. Clustered development that protects large, contiguous tracts of farmland or

open space is appropriate in this district. Within the rural district, additional restrictions

are included to protect an important Heron Rookery in northwestern Bakersfield,

consistent with the requests of the Vermont Department of Fish and Wildlife.

D. Conservation District

Purpose: This district is designated to protect the natural resources and scenic value of

mainly forested lands that lack direct access to public roads, are important for wildlife

and wildlife habitat, and which are poorly suited for development. Included are areas of

high elevation, steep slopes and swamplands. Concern must be given to building on any

slope greater than 15% because the soils in these areas tend to be thin and unstable,

making them unsuitable for development. The Conservation District includes the

watershed that provides Bakersfield’s municipal water supply and land uses that might

Bakersfield Zoning and Subdivision Bylaw 2017

reduce the water quality in this area are restricted. Only limited, low-density

development is to be permitted in this district.

Supplemental Standards

In the Conservation District, all major subdivisions shall be developed as PUDs, and lots

shall be clustered to minimize the impact of development.

E. Aquifer Overlay District

Purpose: The purpose of the Aquifer Overlay District is to protect the public health and

safety by preserving and maintaining the community water source from incompatible

development.

Supplemental Standards

1. Any use not permitted or conditional in the underlying zoning district shall be prohibited.

2. The following uses are specifically prohibited in the Aquifer Overlay District:

a. Any use which involves the generation, storage, use, treatment, transportation or

disposal of hazardous materials

b. Waste handling and storage facilities (landfills)

c. Salvage yards

d. Excavation and earth resource extraction

e. Motor vehicle & equipment, sales and service

f. Gasoline station (including a car wash).

g. Retail establishments that include the storage and sale of heating fuels, including,

but not limited to oil, coal, and gas

h. Business services that provide dry cleaning (including laundromats).

i. Light industry (including manufacturing).

j. Commercial water extraction

k. Open storage of road salt or other de-icing materials

l. Disposal of snow that has been brought in from outside the district

3. The following structures are specifically prohibited in the Aquifer Overlay District:

a. New principal structures

b. Underground fuel storage tanks

4. Existing principal structures within the Aquifer Overlay district shall be treated as

conforming structures and shall not be subject to Section 5.8.

F. Flood Hazard Overlay District

Purpose: The purpose of the Flood Hazard Overlay District is to minimize and prevent

the loss of life and property, the disruption of commerce, and the extraordinary costs that

result from flooding and other flood-related hazards. Within this district, the design and

construction of development should be accomplished in a manner that minimizes or

eliminates the potential for flooding and loss or damage to life and property. Uses in the

flood hazards areas shall be restricted to agriculture, conservation and outdoor recreation.

Bakersfield Zoning and Subdivision Bylaw 2017

3.4 ZONING DISTRICT USES AND DIMENSIONAL STANDARDS

A. All uses and structures must meet the district dimensional requirements and all other

applicable provisions of these regulations except as authorized by a variance, by approval of

a planned unit development or as allowed by Section 5.8 – Nonconformities.

B. Table 3.1 lists uses and structures for each district. Procedures for review of each type of use

are found in Article 4 – Permit Review Procedures and Standards. An explanation of each

type of use may be found in Section 5.2 - Uses.

Table 3.1 contains the following uses: permitted uses (P), permitted uses that require site plan

approval (P/S), conditional uses (C), uses that require conditional use and site plan approval

(C/S), and prohibited uses (X). All uses require, at minimum, a zoning permit per Section

4.1 – Permitting Process.

C. The supplemental standards imposed by the Aquifer Overlay District and Flood Hazard

Overlay District are in addition to the requirements of the underlying district.

D. Uses not specifically listed in Table 3.1 shall be considered prohibited unless such use is

approved by the Board of Adjustment as a Conditional Use in accordance with the following:

1. The Board of Adjustment must find that the use is of the same general character as those

permitted or allowed as conditional uses in the area in which the use is proposed. The

burden of proof to show that the proposed use is of the same general character as allowed

uses in the area shall be on the applicant.

2. In reaching its decision, the Board of Adjustment must hold a public hearing after public

notice, and send notice to the Planning Commission 15 days in advance of the hearing.

The Planning Commission may submit written or oral recommendations to the Board of

Adjustment relative to the acceptability of the proposed use. The Board of Adjustment

will determine the minimum lot size, setbacks, lot frontage and other requirements for the

use based on the area regulations and requirements for similar uses. In no case will the

minimum lot size, setback or frontage be less than the minimum otherwise required in the

zoning district.

Table 3.1. Dimensional Standards and Uses by Zoning District

Dimensional Standards

Village

Center

High

Density

Residential

Rural

Conservation

Minimum Lot Size (acres)

0.25

Min. Frontage (feet)

125

275

400

Bakersfield Zoning and Subdivision Bylaw 2017

Max Setback from Road (feet

measured from center line of road)

125

n/a

600

Min Setback from Road (feet

measured from center line of road)

Min. Setback – Rear and Side Yard

(feet measured from property line)

Uses

Per Section 4.1: “No land development, as defined in Article 11 shall

commence in the Town of Bakersfield without a zoning permit issued by the

Zoning Administrator unless specifically exempted in Section 1.7.”

“P”-Permitted Use; “C”-Conditional Use; “S”-Site Plan Review; "X"-Prohibited

Village

Center

High

Density

Residential

Rural

Conservation

Please refer to:

Residential Uses

Accessory Use

Section 5.2

Accessory Dwellings

Section 6.2

Camps

for conversion of camps

to year-round dwellings,

see Section 6.3

Child Care Home

Senior Housing

P/S

Group Home or Residential Care

Home

Mobile Home Park

C/S

Section 6.10

Multi-Family Dwelling

C/S

Single Family Dwelling

Two-Family Dwelling

Village

Center

High

Density

Residential

Rural

Conservation

Please refer to:

Non-Residential Uses

Bed and Breakfast

P/S

C/S

Business Services

P/S

C/S

Bakersfield Zoning and Subdivision Bylaw 2017

Campgrounds

C/S

Section 6.5

Child Care Facility

P/S

C/S

Commercial Water Extraction

Section 6.8

Contractor’s Yard

P/S

Cottage Industry

Section 6.7

Excavation & Earth Resource

Extraction

C/S

Section 6.8

Gas Station

P/S

Section 6.6

Home Occupation

Section 6.7

Hotels/Motels

P/S

Indoor Recreation Facilities

P/S

Light Industry

P/S

Mixed Use

C/S

Section 6.9

Motor Vehicle Service and Repair

C/S

Non-Profit Club

P/S

Outdoor Recreation Facilities

C/S

Public Facilities

P/S

Section 1.7

Restaurant

P/S

Retail Establishments

P/S

Rooming/Boarding House

P/S

Salvage Yards

C/S

Section 6.11

Telecommunications Facilities

Section 6.12

Wind Energy Conversion Systems

Section 6.13

Bakersfield Zoning and Subdivision Bylaw 2017

ARTICLE 4 PERMIT REVIEW PROCEDURES AND STANDARDS

4.1 PERMITTING PROCESS

A. No land development, as defined in Article 11- Definitions, shall commence in the Town of

Bakersfield without a zoning permit issued by the Zoning Administrator unless specifically

exempted in Section 1.7 – Limitations and Exemptions. Where conditional use approval, site

plan approval, a variance or flood hazard area development approval is required, such

approval is required prior to issuance of a zoning permit. For more information about zoning

permits, please see Section 2.4 – Issuance of Zoning Permits and Decisions.

Figure 4.1 The development review process in Bakersfield.

4.2 APPLICATION REQUIREMENTS

A. An application for a zoning permit shall be complete and be submitted to the Zoning

Administrator along with the permit fee and all other approvals required by these regulations.

A complete application for a zoning permit or any type of development review approval must

be on an application form provided by the Town of Bakersfield and must contain all

applicable application requirements listed in Table 4.1.

Submit application to

Zoning Administrator

Applications requiring

conditional use, site plan, PUD,

subdivision or variance

Applications for

permitted uses

Permit Denied

Approved-

Permit Issued by

Reviewed by

appropriate board

Permit Denied

Reviewed by Zoning

Administrator

Opportunity

for Appeal

Bakersfield Zoning and Subdivision Bylaw 2017

TABLE 4.1 APPLICATION REQUIREMENTS

Requirements for all land development applications:

Name and address of the owner(s) of record.

A statement of the existing and intended use of land and structures

A list of names and most recent mailing addresses of all abutting property owners, without regard to

public rights of way (ie, properties across the street are considered to be abutting).

The lot, block, and section number of the property from the most recent municipal tax record.

Information regarding any potential for odor, noise, smoke, dust, dirt, noxious gas, glare, fire, or

explosion during the construction of the development or the proposed use of the land.

One (1) original and one (1) complete copy of a site plan, drawn to scale, with north arrow and date of

preparation. (If requested by the planning commission, site plans shall be prepared by a licensed

engineer, surveyor, or architect, the name of which shall be noted on the map along with map scale,

north arrow, and date of preparation)

Each application shall show the following information in sufficient detail to determine whether the

proposal is in conformance with these regulations:

General site location in relation to public roads and nearest intersection.

Boundaries and areas of all contiguous land of the land of record.

Dimensions of the lot and lot acreage, including legal property boundaries.

Zoning district boundaries.

Location, footprint, and height of existing and proposed structures, additions, and land use areas.

Location of existing and proposed easements, rights-of-way, sidewalks, and utilities.

Location of surface waters, wetlands, floodplains, rock outcroppings, and stands of trees.

Setbacks from property boundaries, rights-of-way, surface waters, and wetlands (including information

about wetland classification).

Any other information that may be needed to determine compliance with these regulations.

Additional requirements for land development requiring approval from the Planning Commission

or Board of Adjustment (excluding subdivision) :

The location of all major vegetation and natural features on the site.

Location and dimension of parking areas, loading and unloading facilities, points of ingress and egress

of vehicles to and from the site to public streets, and pedestrian rights-of-way.

Location, height, and lumens of outdoor lighting.

Topography indicating contours at intervals of not more than 50 feet.

Bakersfield Zoning and Subdivision Bylaw 2017

TABLE 4.1 APPLICATION REQUIREMENTS

Soil types.

Existing and proposed landscaping and screening.

The location of all proposed site grading and excavation.

A letter of intent from the Agency of Transportation confirming that the Agency has reviewed the

proposed site plan and is prepared to issue an access permit under 19 V.S.A. § 1111 (if applicable).

In addition, each application for site plan, conditional use,

and variance approval shall include the following, as

applicable:

Site

Plan

Review

Conditional

Use Review

Variance

Requests

Construction sequence and time schedule for completion of each

phase of development



Plans for onsite erosion control during construction



Detailed specifications of planting and landscaping materials to

be used, and a plan for long term maintenance and replacement of

plantings.



Cost estimates of all site improvements.



Statement of how the proposed development fits the purposes of

the zoning district in which it is located.



Expected impact on existing and planned community facilities



Estimated daily and peak traffic generation



A statement describing the variance requested from one or more

provisions of these Regulations and the alleged grounds why such

relief is believed proper under the circumstances based on the five

(5) statutory criteria listed in Section 4.5 and § 4449 of the Act.



Any other information which the Planning Commission or Board

of Adjustment requires to ensure that the provisions of these

regulations are met.



B. Waivers of Application Requirements. An applicant may request waivers from the

application requirements for site plan, conditional use, and variance applications, in writing,

when submitting an application. The Planning Commission or Board of Adjustment may

waive one or more of the listed application requirements in the event they determine the

items to be unnecessary for the comprehensive review of the application. Such waiver shall

be issued in writing when the application is accepted and deemed complete by the Planning

Commission or Board of Adjustment.

4.3 SITE PLAN REVIEW

A. The intent of Site Plan review is ensure that projects be of high quality, attractive and

functional site design, and that overall building and site design be consistent with the

purpose and character of the district within which it is located. Standards and conditions

emphasize those considerations related to internal layout of the site, its physical design and

appearance as viewed from off-site, and the functional integration of the site with

surrounding properties and uses.

In any district, no permit shall be issued by the Zoning Administrator for uses requiring site

Bakersfield Zoning and Subdivision Bylaw 2017

plan approval as listed in Table 3.1 until that approval is granted by the Planning

Commission.

B. Site Plan Review Standards. When reviewing and deciding on a site plan, the Planning

Commission may consider and impose appropriate safeguards, modifications, and

conditions relative to Article 5 - General Regulations and Article 8 - Planning and Design

Standards. The Planning Commission shall pay specific attention to the following

standards:

1) Adequacy of parking and loading facilities (Section 5.10)

2) Traffic access and circulation (Section 5.4).

3) Pedestrian and bicycle access requirements (Section 8.3)

4) Adequacy of landscaping and screening (Section 8.6)

5) Outdoor lighting (Section 5.9)

6) Size, location and design of signs (Section 5.13)

7) Adequate stormwater management and erosion control measures (Section 8.5)

8) Performance Standards (Section 5.11)

C. District and Specific Use Standards: In addition to the site plan standards above, a

proposal must meet the district dimensional standards identified in Article 3 – General

Regulations and, as applicable, the specific use standards under Article 6 of these

regulations.

D. State Highway Access Permit. Whenever a proposed site plan involves access to a State

highway, the application for site plan approval shall include a letter of intent from the

Agency of Transportation confirming that the Agency has reviewed the proposed site plan

and is prepared to issue an access permit under 19 V.S.A. § 1111, and setting out any

conditions that the Agency proposes to attach to the section 1111 permit.

4.4 CONDITIONAL USE REVIEW

A. The intent of conditional use review is to ensure compliance with standards addressing the

impact of proposed land uses on adjacent properties, the neighborhood or district in which

the project is located, and the community at large [24 VSA § 4414 (3)]. Standards and

conditions emphasize those considerations in which off-site impacts of a proposed project

can be identified, avoided and/or mitigated.

B. Conditional Use Review Standards. When determining the appropriateness of a proposed

conditional use, the Board of Adjustment shall determine that the development or use will

not have an undue adverse impact on any of the following general conditional use standards:

1. The capacity of existing or planned community facilities. The Board shall consider

demand for community services and facilities that will result from the proposed

development and determine whether that demand will exceed the capacity of existing

facilities or services (such as school capacity, emergency services, recreation fields,

etc.). Conditions may be imposed regarding the timing and phasing of development to

minimize the impact on community facilities and services, including requiring the

applicant to contribute funds and/or physical improvements toward the provision of new

or expanded facilities to mitigate the impacts of the proposed development.

Bakersfield Zoning and Subdivision Bylaw 2017

2. The character of the area affected as defined by the purpose or purposes of the zoning

district within which the project is located, and specifically stated policies and

standards of the Town Plan. The Board shall consider the design, location, scale, and

intensity of the proposed development and/or use, relative to the surrounding area. For

the purposes of conditional use review, “surrounding area” is defined as that area likely

to be affected by the proposed use, including but not limited to properties within sight or

sound of the proposed conditional use. ‘Character of the area’ refers to the distinctive

traits, qualities, attributes, appearances, pattern of use, sense of community and factors

that define its identity. The existence of one conditional use in a district will not

necessarily be interpreted as justification for another similar conditional use to be

located there. When considering the impact of a proposed conditional use on the

character of the area affected, the Board shall consider the proposal’s compatibility with

the purpose and character of the affected zoning district as defined in Section 3 of these

regulations, the Town Plan, and the testimony of the interested parties.

3. Traffic on roads and highways in the vicinity. The Board shall consider the projected

impact of traffic resulting from the proposed development on the capacity, safety,

efficiency, and use of affected public roads, bridges, and intersections. The Board will

rely on accepted transportation standards, in evaluating traffic impacts, and shall not

approve a project that would result in the creation of unsafe conditions for pedestrians or

motorists, or unacceptable levels of service for local roads, highways, and intersections.

The Board shall consider the projected impact of traffic resulting from the proposed

development on the capacity, safety, efficiency, and use of affected public roads,

bridges, and intersections.

4. Bylaws or ordinances now in effect. Proposed conditional uses must conform to all

municipal bylaws and regulations in effect at the time of submission of the application,

including conformance with the policies of the Bakersfield Town Plan and compliance

with conditions of prior permits or approvals, including subdivision approval.

5. Utilization of renewable energy resources. The Board will consider whether the

proposed development will interfere with the sustainable use of renewable energy

resources by diminishing the future availability of such resources or by eliminating

nearby property owners’ access to such resources.

C. Conditions of Approval. In permitting a conditional use, the Board of Adjustment may

impose conditions deemed necessary to meet the five conditional use criteria outlined

above, the district standards, or any other provision of this regulation. These conditions

may include, but are not limited to, the following:

1. Limitations on the coverage or height of buildings because of obstructions to view, the

reduction of light and air to adjacent property, or to prevent adverse impacts to water

quality or other identified natural features

2. Limitations on the location and number of vehicular access points to the property

3. Increased or decreased street width requirements or other modifications to street design

to ensure vehicular and pedestrian safety

4. Limitations on the hours of operation or levels of daily truck traffic permissible

5. Requiring measures to minimize the adverse effects of land alterations on soil erosion,

water quality, and scenic beauty as may be recommended by the County Forester,

Natural Resource Conservation Service, district highway engineer, or other experts

Bakersfield Zoning and Subdivision Bylaw 2017

Figure 4.2 - Determining Undue Adverse Effect

The following test shall be used by the Planning Commission and Zoning Board of

Adjustment when the bylaw requires the Planning Commission and/or the Zoning Board of

Adjustment to determine whether or not an undue adverse effect is being created.

1. First, the Planning Commission and/or the Zoning Board of Adjustment shall

determine if a project is creating an adverse effect upon the resource, issue and/or

facility in question. The Planning Commission and/or the Zoning Board of

Adjustment shall determine such by responding to the following question:

a) Does the project have an unfavorable impact upon the resource, issue and/or

facility in question?

2. If it has been determined by the Planning Commission and/or the Zoning Board of

Adjustment that an adverse effect is being created by a project, the Planning

Commission and/or the Zoning Board of Adjustment shall then determine if the

adverse effect is undue. To determine whether or not an adverse effect is undue, the

Planning Commission and/or the Zoning Board of Adjustment shall respond to the

following two questions:

a) Does the project conflict with a clear, written standard in these Regulations or

the Municipal Plan applicable to the resource, issue or facility in question?

b) Can the unfavorable impact be avoided through site or design modifications,

or mitigation, or other conditions of approval?

The Planning Commission and/or the Zoning Board of Adjustment shall conclude that

adverse effect is “undue” if the answer to 2(a) is YES OR the answer to 2(b) is NO.

6. Requirements for suitable landscaping where necessary to reduce noise and glare and to

maintain the property in keeping with the surrounding area

7. Specifying a time limit for construction of improvements to land or structures, including

conditions to phase residential developments to minimize the impact on schools and

other community facilities and services

8. Any additional conditions and safeguards that the Board of Adjustment deems necessary

to implement the purposes of the Act, the Town Plan, or these zoning regulations.

4.5 VARIANCE REVIEW

A. An applicant may apply for a variance from the provisions of these regulations from the

Board of Adjustment for any structure.

B. Standards. In accordance with 24 VSA §4469, the Board of Adjustment may grant a

variance only if all the five (5) facts listed below are found, and the findings are specified in

its written decision.

Bakersfield Zoning and Subdivision Bylaw 2017

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, and that unnecessary hardship is

due to these conditions, and not the circumstances or conditions generally created by the

provisions of the bylaw in the neighborhood or district in which the property is located.

2. Because of these physical circumstances or conditions, there is no possibility that the

property can be developed in strict conformance with the provisions of the bylaw, and

that the authorization of a variance is therefore necessary to enable the reasonable use of

the property.

3. Unnecessary hardship has not been created by the applicant.

4. The variance, if authorized, will not alter the essential character of the neighborhood or

district in which the property is located, substantially or permanently impair the

appropriate use or development of adjacent property, reduce access to renewable energy

resources, or be detrimental to the public welfare.

5. The variance, if authorized, will represent the minimum variance that will afford relief

and will represent the least deviation possible from the bylaw and from the plan.

C. Variances for structures located in the Flood Hazard Overlay District shall only be granted

in accordance with the criteria for granting variances found in 44 CFR, Section 60.6, of the

National Flood Insurance Program regulations.

D. In making a decision in favor of the applicant for a variance, the Board of Adjustment may

attach conditions that are necessary to implement the Act and/or the Town Plan. In no case

shall the Board grant a variance for a use that is not permitted or conditionally permitted

within the zoning district, or that results in an increase in allowable density.

E. Renewable Energy Structures. On an appeal for a variance from the provisions of these

regulations that is requested for a structure that is primarily a renewable energy resource

structure, the Board may grant such variance only if it finds that the relief requested meets

all requirements listed in the Act [ §4469(b)] and are specified in its decision.

Bakersfield Zoning and Subdivision Bylaw 2017

ARTICLE 5 GENERAL REGULATIONS

5.1 APPLICABILITY

A. The following standards shall apply to all land development, as defined in Article 11 –

Definitions, in all zoning districts. If there is conflict between a standard in this section

and a standard in another part of these regulations, the more restrictive shall apply.

5.2 USES

A. Preexisting Uses. Any use lawfully existing as of the effective date of these regulations

shall be authorized to continue solely on the basis of the provisions of these regulations.

B. Preexisting Non-conforming Uses. Pre-existing uses that do not conform to the

requirements of these regulations shall be subject to the provisions of Section 5.8 -

Nonconformities.

C. Permitted Uses. Permitted uses are marked in Table 3.1 by the letter ‘P’. In districts where

they are allowed, permitted uses require a zoning permit and may be approved by the

Zoning Administrator subject to the development permit standards in Article 4.

D. Conditional Uses. Conditional uses are marked in Table 3.1 by the letter ‘C’. Conditional

uses require approval by the Zoning Board of Adjustment according to the conditional use

provisions in Section 4.4 as a pre-requisite to the Zoning Administrator issuing a zoning.

E. Exempt Uses. Uses that are exempt from the requirements of these regulations are listed in

Section 1.7.

F. Prohibited Uses and Uses Not Specifically Listed

1. Prohibited uses are in Table 3.1 by the letter “X” and are not allowed in the

corresponding zoning district.

2. Uses not specifically listed in Table 3.1 shall be considered prohibited unless such use is

approved by the Board of Adjustment as a conditional use subject to the criteria in

Section 3.4(D).

G. Principal Uses. There shall be only one principal use on a lot. However, properties may

have more than one principal use on a lot if the property has received approval for mixed

use per Section 6.9 – Mixed Use.

H. Accessory Uses. Accessory uses may be permitted by the Zoning Administrator subject to

the following requirements.

1. Relation to Principal Uses. Accessory uses are permitted only in connection with,

incidental to, and on the same lot with, a principal use which is permitted in the

particular zoning district. Accessory uses are subject to the requirements outlined in

Table 3.1.

Bakersfield Zoning and Subdivision Bylaw 2017

2. Accessory Dwelling Units. Accessory dwelling units as mandated by 24 VSA 4412

(1)(E) shall be regulated as set forth in Section 6.2 – Accessory Dwelling Units.

I. Temporary Uses. See Section 5.3 - Temporary Structures.

5.3 STRUCTURES

A. Preexisting Structures. Any pre-existing structure lawfully existing as of the effective date

of these regulations shall be authorized to continue solely on the basis of the provisions of

these regulations.

B. Pre-existing Non-conforming Structures. Pre-existing structures that do not conform to

the requirements of these regulations shall be subject to the provisions of Section 5.8 –

Nonconformities.

C. Principal Structures. A structure or a group of structures in or on which is conducted the

principal use(s) of the lot. There may be more than one principal structure on a lot.

D. Accessory Structures.

1. Relation to Principal Structure. Accessory structures are permitted only in connection

with, incidental to, and on the same lot with, a principal structure which is permitted in

the particular zoning district. No accessory structure shall be occupied or utilized unless

the principal structure to which it is accessory is occupied or utilized.

2. Location. Accessory structures shall not be erected in any right-of-way, easement or

setback.

E. Exempt Structures. Structures that are exempt from the requirements of these regulations

are listed in Section 1.7 – Limitations and Exemptions.

F. Temporary Structures. A zoning permit may be issued by the Zoning Administrator for

conforming and non-conforming structures that are incidental to construction projects,

providing the structures shall be discontinued and removed from the property within six

months from the date of the permit. Such permits may be renewed for three additional

periods not to exceed six months each, upon application to the Zoning Administrator.

G. Abandoned Structures. Any structure shall be deemed abandoned when it has not been

maintained for at least one (1) year. Abandoned structures must be either maintained or

demolished. There is no time limit on how long a structure may remain abandoned provided

it is maintained in the judgment of the Zoning Administrator. A maintained dwelling unit is

habitable with intact exterior walls, intact windows, and an intact roof.

H. Destroyed or Damaged Structures. Within one (1) year after any structure has been

destroyed or damaged by fire, or other cause, or if active work on an uncompleted

construction project has not occurred in such period and the Zoning Administrator

determines that the structure constitutes a health or safety hazard, the owner of the structures

shall either:

Bakersfield Zoning and Subdivision Bylaw 2017

1. Remove all ruins and structural materials and restore the site to a smooth grade, or

2. Reconstruct, repair or resume construction of the structure. Reconstruction of a

destroyed structure shall require a zoning permit. Provided that the application for

reconstruction is submitted within 1 year of the date of loss and that the new structure

will be within the same footprint and of the same height as the previous structure, the

Zoning Administrator shall approve the application. Otherwise, a full application and all

applicable approvals will be required.

5.4 ACCESS AND DRIVEWAYS

A. Access. In accordance with the Act [ §4412(3)], land development may be permitted on lots

which do not have frontage on either a maintained State, Class I, II, III, Class IV town

highway or public waters, only with the approval of the Planning Commission. Access to a

pre-existing lot that lacks necessary frontage shall be approved by the Planning Commission

subject to site plan review under Section 4.3 or subdivision review (Article 7) if subdivision

of land is proposed. Access to such a lot shall be provided by a permanent easement or

right-of-way at least 20 feet wide. The Planning Commission may consider the intended use

of the property, safety, traffic, and road and site conditions in granting, conditioning or

denying approval. The Planning Commission may require a wider right-of-way if the

Planning Commission determines that a wider right-of-way is necessary for reasons of

safety or future growth and development patterns.

B. Driveways. For the purposes of these regulations, driveways shall be defined as access

drives or easements serving one or two lots and shall meet the following standards:

1. Driveways shall have a minimum traveled way of 15 feet and beyond this requirement,

be constructed according to the Vermont Agency of Transportation’s B-71 Standards for

Commercial and Residential Driveways (See Figure 5.1 above) unless otherwise

required under subdivision or site plan review.

15’ MIN

Note 5. If Curb is present, see appropriate curb detail standard or match town/city

standard curb treatment.

Note 6. The actual VTRANS B-71 minimum standard width for residential drives is 12

feet. The Town of Bakersfield requires an additional 3 feet.

Figure 5.1 – B-71 Standards for Residential Drives (VTrans)

Bakersfield Zoning and Subdivision Bylaw 2017

2. Driveways exceeding 400 feet in length shall include space sufficient for emergency

access vehicles, including fire trucks, to turn around. Submittal of a letter from the

Town’s Fire Chief confirming that this standard has been met shall be required.

3. Driveways exceeding 400 feet in length shall include, at minimum, one 12 foot x 50 foot

pull-off area.

4. Maximum driveway grade shall not, in any 50-foot section, exceed an average of ten

(10) percent. Proposed driveways with grades between ten (10) percent and fifteen (15)

percent may be approved by the Zoning Board of Adjustment subject to conditional use

approval and submittal of a letter from the Town’s Fire Chief with the conditional use

application indicating that the proposed driveway can accommodate fire and rescue

access.

5. All driveways entering onto public roads shall be subject to Section 2.5 – Road Access

Permit.

6. No driveway or exit shall be located within fifty (50) feet of a road intersection with the

exception of driveways located in the Village Zoning District.

7. Where a site occupies a corner of two (2) intersecting roads, the driveway access shall

be located on the less traveled road.

8. In reviewing for compliance with access requirements, particular consideration shall be

given to visibility at intersections, to traffic flow and control, to pedestrian safety and

convenience, and to access in case of emergency.

9. In appropriate instances, including the presence of compatible adjacent uses, areas

characterized by congestion and frequent and/or unsafe turning movements, the

Planning Commission or Board of Adjustment can require shared driveways between

adjoining properties.

10. A driveway providing access to a camp shall not be required to meet the requirements of

this section.

5.5 EXISTING SMALL LOTS

A. Any lot that is legally subdivided, is in individual and separate and non-affiliated ownership

from surrounding properties, and is in existence on the date of enactment of these

regulations, may be developed for the purposes permitted in the district in which it is

located, even though the lot does not conform to minimum lot size requirements of these

regulations, provided such lot is more than one-eighth acre or has a minimum width or depth

dimension of at least 40 feet. If any lot not conforming to the minimum lot size

requirements in the district in which it is located, is or subsequently comes under common

ownership with one or more contiguous lots, the nonconforming lot(s) shall not be deemed

merged and shall be considered separate lots.

5.7 HEIGHT LIMITATIONS

Bakersfield Zoning and Subdivision Bylaw 2017

A. No structure shall exceed thirty-five (35) feet in height. The Board of Adjustment may

permit structures in excess of thirty-five (35) feet as a conditional use provided that the

structure meets the standards in Section 4.4 – Conditional Use, the structure does not

constitute a hazard, or a nuisance, and that the portion of the structure above thirty-five (35)

feet shall remain unoccupied except for normal maintenance.

5.8 NONCONFORMITIES

A. Applicability. This section shall apply to any structures and uses existing on the effective

date of these regulations that do not conform to the requirements set forth in these

regulations.

B. Non-conforming uses. Any non-conforming use of a structure or of land may be continued

indefinitely except that a non-conforming use shall not be reestablished after being

discontinued for a period of five years, or after being changed to, or replaced by, a

conforming use for any length of time. Intent to resume a non-conforming use shall not

confer the right to do so.

C. Non-conforming structures.

1. No provision of these regulations shall prevent the normal maintenance and repair of a

non-conforming structure provided that such action does not increase the degree of non-

compliance.

2. The Board of Adjustment may permit, as a conditional use per Section 4.4, the alteration

or expansion of a non-conforming structure provided:

a. Such action does not increase the degree of non-compliance and will not

substantially impair the appropriate use or development of adjacent property; or

if the sole purpose of such action is compliance with mandated environmental,

safety, or energy codes, laws or regulations.

Bakersfield Zoning and Subdivision Bylaw 2017

3. In the event that a non-conforming structure is destroyed by a force majeure, the

structure shall be rebuilt only in compliance with these regulations if it is physically

possible to do so. The property owner may apply for a waiver from this provision if a

hardship would be created by rebuilding in strict conformance with the requirements of

these regulations. In considering a waiver from this provision the Board of Adjustment

shall take into consideration the ability of the applicant to utilize remaining features of

the property such as foundation, water supply, sewage disposal system, topography,

underground utilities, etc. No fee shall be charged for a waiver application to the Board

of Adjustment necessitated by replacement of a structure destroyed by a force majeure.

5.9 OUTDOOR LIGHTING

A. Applicability. The following standards shall apply to land development in the Town of Bakersfield

to ensure that undesirable effects of outdoor lighting are minimized.

B. Intent. The residents of the Town of Bakersfield strongly value the town’s rural character including

the ability to clearly view and enjoy the night sky. It is also recognized that, while some outdoor

lighting may be necessary for security and safe operation, inappropriate or poorly designed or

installed lighting can create unsafe conditions and a nuisance for adjoining property owners, cause

sky glow which obstructs night views of the sky, and result in the unnecessary use of electricity.

C. General Standards. The following general standards apply to all outdoor lighting in the Town of

Figure 5.2 Increasing the Degree of Nonconformity

The building ‘A’ is the original nonconforming structure, which encroaches

into the setback. Addition ‘B’ does not increase the degree of non-

conformance because it is located within the footprint of the existing structure.

Addition ‘C’ increases the degree of nonconformance because it adds building

footprint, floor area or height within the setback. Addition ‘D’ also increases

the degree of nonconformance because it encroaches further into the setback

than Building ‘A’. Addition ‘E’ does not increase the degree of

nonconformance because it is not within the setback area.

Bakersfield Zoning and Subdivision Bylaw 2017

Bakersfield, with the exception of temporary holiday lighting:

1. All outdoor lighting shall be kept to the minimum required for safety, security and intended

use, consistent with the character of the neighborhood in which it is located.

2. Permanent outdoor lighting fixtures shall not direct light beyond the boundaries being

illuminated or onto adjacent properties, or public waters, shall minimize glare, and not result

in excessive lighting levels which are uncharacteristic of a rural area. Lighting fixtures shall

be cast downward and/or designed to minimize glare. Such fixtures may include recessed,

shielded or cutoff fixtures, and/or low luminance lamps (e.g., 150 watts or 2,000 lumens).

3. The use of timers, dimmers, and/or sensors wherever practicable is encouraged on outdoor

lighting fixtures to reduce energy consumption and eliminate unneeded lighting.

5.10 PARKING

A. Off-street parking spaces shall be provided, as follows, in any district whenever any new

use is established or when an existsing use is enlarged or changed. Parking requirements

for uses not listed below will be determined by the Planning Commission or Board of

Adjustment during conditional use and/or site plan review:

Table 5.1 Parking Space Requirements

USE

PARKING REQUIREMENTS

Childcare Facilities

1 per four children plus 1 per employee

Churches & Schools

1 per 6 seats in assembly room

Clinics, Nursing & Group Homes

1 per 3 beds plus 1 per employee

Clubs (non-profit)/Societies

1 per 4 members

Industry

2 per 3 employees on largest shift

Lodging Establishments (including hotel/motel

and bed and breakfasts)

1 per lodging (rental) unit

Professional & Business Services Establishments

1 per 200 sq. ft. of gross floor area

Public Facilities

1 per 250 sq. ft. of gross floor area

Residential

2 per dwelling unit

Restaurants (not including drive-in)

1 per 4 seats plus 1 per employee

Retail Establishments

1 per 250 sq. ft. of floor space

Unspecified Uses & Off-street

as required by Board of Adjustment or

Planning Commission

B. Off-street parking for uses located in the Village Center and High Density Residential

Districts shall be located in the rear of principal structures or on the side of the principal

structures. Parking shall be considered on the side of the structure if it is located behind the

front façade line of the structure.

Bakersfield Zoning and Subdivision Bylaw 2017

5.11 PERFORMANCE STANDARDS

A. The following performance standards shall be met by all uses in all districts. All land uses

shall not:

1. Emit any intensity of odor that is considered both offensive and uncharacteristic of the

area; normal agricultural odors shall not be deemed uncharacteristic of this Town.

2. Emit any level of noise that is considered both offensive and uncharacteristic of the area;

normal agricultural and animal noises shall not be deemed uncharacteristic of this Town.

3. Emit any smoke, dust, dirt, or noxious gases that endanger the health, comfort, safety, or

welfare of the public or adjoining property owners, or that causes damage to property,

business, or vegetation.

4. Emit glare or reflection that impairs the vision of motor vehicle operators, constitutes a

nuisance to other property owners, or that is detrimental to public health, safety, and

welfare.

5. Present a risk of fire, explosion, or threat to safety that endangers the public or results in

an increased burden upon municipal facilities.

6. Discharge sewage, septage, or other harmful wastes into any water course or into any

sewage disposal system beyond its proper capacity.

5.12 PRIMARY CONSERVATION RESOURCES

A. Applicability. This section shall apply to all land development in Bakersfield that impacts

primary conservation resources as defined in Article 11 – Definitions.

B. Steep Slopes over 25 Percent Grade. Steeply sloping lands (over 25 percent grade) are

prone to severe erosion if disturbed. Erosion and the resulting overland flow of soil

sediments into streams, ponds and public roads, are detrimental to water quality and aquatic

life, and a potential hazard to public safety.

1. No site disturbance or land development shall be allowed on slopes exceeding 25

percent.

2. Slopes exceeding 25 percent that are created by an extraction or quarrying use approved

per Section 6.8 – Excavation and Earth Resource Extraction shall be exempt from this

section.

C. Wetlands. The intent of this regulation is to minimize the net loss of wetlands in the Town

of Bakersfield. Wetlands classified by the State of Vermont as Class 1 and Class 2 wetlands

are valuable resources. Wetlands’ functions (e.g. water and air purification, flood

attenuation, speciation, and nutrient cycling) are critical to the support of human, animal and

plant populations.

Bakersfield Zoning and Subdivision Bylaw 2017

1. Applicability. The Vermont Significant Wetlands Inventory (VSWI) maps published by

the Vermont Agency of Natural Resources should be used by applicants as a tool to

determine whether or not a wetland may exist on a property. However, such maps

should not be relied upon to provide precise information regarding the location or

configuration of wetlands. Where uncertainty exists as to the existence or location of a

significant wetland, the Zoning Administrator, Planning Commission and/or Zoning

Board of Adjustment shall require that the applicant submit written documentation of

such based on consultation with a State Wetlands Ecologist or a private consultant with

expertise in identifying wetlands before issuing a zoning permit or any type of

development review approval.

2. Review Standards.

a. No land development shall be permitted in a Class 1 or Class 2 wetland, except as

exempted in (c) below.

b. No land development shall be permitted within the 50 foot buffer surrounding a

Class 1 or Class 2 wetland, except as exempted in (c) below.

c. Driveways, public and private roads are exempt from this subsection if a State

Wetlands Individual or General Permit has been issued to the applicant by the

Vermont Agency of Natural Resources.

d. In order to protect the Heron Rookery shown on the Official Zoning Map, land

development is restricted within 650 feet from the boundary of the associated

wetland. The boundary of this wetland may change over time. The Vermont

Department of Fish and Wildlife shall be notified in writing by the applicant if any

land development is proposed within the 650 feet buffer from the wetland associated

with the Heron Rookery.

D. Special Flood Hazard Area. The Special Flood Hazard Area, or 100-year floodplain, is

considered a primary conservation resource. Land development within the Special Flood

Hazard Area is regulated via Article 10 – Flood Hazard and River Corridor Regulations.

5.13 SIGNS

A. A zoning permit shall be required prior to the erection, construction, or replacement of any

outdoor sign except the following, which shall be exempt from permit requirements:

1. Signs erected by the Town, or State, on public roads,

2. Non-advertising signs placed for safety purposes, etc.,

3. Temporary auction, lawn sale, candidate endorsement, real estate, or garage sale signs,

which shall be promptly removed when they have fulfilled their functions.

B. The following shall be prohibited in all districts:

1. Signs that impair highway, or street safety,

2. Signs that are animated, flashing, or intermittently illuminated, and signs painted on

rock outcrops, or similar natural features,

3. Building mounted signs that extend above the roof line, and

4. Signs that extend over public rights-of-way, or property lines.

Bakersfield Zoning and Subdivision Bylaw 2017

C. On-premises signs shall be regulated as specified in Table 5.2.

Table 5.2 Regulations for Signs

Standards for High Density Residential District, Rural District, and Conservation

District

TYPE OF USE

PERMITTED

NUMBER OF

SIGNS

MAXIMUM AREA

(SQ. FT)

MAXIMUM

HEIGHT OF FREE-

STANDING SIGNS

ONE

SIGN

ALL

Home Occupations

Business or Industry

Public Facility

Standards for Village District

TYPE OF USE

PERMITTED

NUMBER OF

SIGNS

MAXIMUM AREA

(SQ. FT)

MAXIMUM

HEIGHT OF FREE-

STANDING SIGNS

Home Occupations

Business or Industry

Public Facility

5.14 STORAGE OF JUNK MOTOR VEHICLES

In any district, junk motor vehicles shall be stored in an enclosed structure or in an area

concealed from public roads. Vehicles used in farm operation are exempt from this provision.

5.15 WASTEWATER AND POTABLE WATER SUPPLY SYSTEMS

A. Purpose. The purpose of this section is to protect human health and the environment,

including potable water supplies, surface water, and groundwater.

B. Wastewater and Potable Water Supply Permit. All structures and uses that generate

wastewater may be required to obtain a Wastewater and Potable Water Supply Permit from

the Vermont Department of Environmental Conservation (DEC) in accordance with 10

V.S.A. Chapter 64 and the Wastewater System and Potable Water Supply Rules (dated

September 29, 2007 or as revised from time to time by the DEC). Applicants should contact

the Agency of Natural Resources District Permit Specialist to determine if such a permit is

required. If, according to the DEC, a Wastewater System and Potable Water Supply Permit

is not required, the property owner/applicant shall provide written proof from the DEC of

such to the Zoning Administrator. Where a Wastewater and Potable Water Supply Permit is

required, initiation of construction under a zoning permit issued in accordance with these

regulations shall be prohibited unless and until a Wastewater and Potable Waters Supply

Permit is issued.

Bakersfield Zoning and Subdivision Bylaw 2017

ARTICLE 6 SPECIFIC USE STANDARDS

6.1 APPLICABILITY

A. The following standards shall apply to the specified uses in all zoning districts in which

such uses are allowed (see Table 3.1). Specified uses may be subject to site plan review or

conditional use review. If there is conflict between a standard in this section and a standard

in another part of these regulations, the more restrictive standard shall apply.

6.2 ACCESSORY DWELLINGS

A. Accessory to single family residences. One accessory dwelling to a single family dwelling

may be allowed as a permitted use of property. The accessory dwelling unit shall satisfy the

following requirements:

1. Floor space of the habitable living area shall not exceed forty (40) percent of the floor

space of the habitable living area of the single family residence or 1000 square feet,

whichever is greater; and

2. The property meets the requirements of Section 5.15 – Wastewater and Potable Water

Supply Systems; and

3. All applicable setbacks, coverage and parking requirements for the district in which the

residence is located are met; and

4. Either the primary or the accessory dwelling is occupied by the owner.

B. Permit Requirement. A zoning permit issued for an accessory dwelling shall clearly state

that the dwelling is permitted only as an accessory to the principal residential use of the

property and as such shall be retained in common ownership. Such a dwelling unit may be

subdivided and/or converted for conveyance or use as a principle dwelling only if it is found

to meet all current municipal regulations applying to a single (or two) family dwelling,

including all density and dimensional requirements for the district in which it is located. All

applicable municipal permits and approvals shall be required prior to the subdivision,

conversion, or conveyance as a principal dwelling.

6.3 CAMP CONVERSIONS

A. A camp may be converted to a year-round single family dwelling if the Zoning

Administrator, through the zoning permit process, determines that the conversion meets the

following requirements:

1. The property meets the requirements of Section 5.15 – Wastewater and Potable Water

Supply Systems

2. The property shall comply with the access and driveway standards (Section 5.4) and be

accessible by emergency and service vehicles (a letter from the Fire Chief

documenting the adequacy of the access is required).

Bakersfield Zoning and Subdivision Bylaw 2017

3. Two off-street parking spaces per dwelling unit are provided on the lot.

6.4 CONTRACTOR’S YARD

A. Contractor’s yards are subject to site plan review (Section 4.3) and conformance with the

following standards:

1. Outdoor storage of materials, including building or construction materials, vehicles and

heavy equipment, shall be limited to a designated area approved by the Planning

Commission. Such area must be completely screened year-round from the road and

from neighboring properties with a stockade fence not less than 6 feet high, installed so

that all supports face inward toward the yard. Activities associated with the operation of

the contractor’s yard are not permitted outside of the designated area, with the exception

of driveway and pedestrian access.

2. The area designated for the outdoor storage of materials shall be set back a minimum of

100 feet from road rights-of-way, surface waters, wetlands. All other setback and

dimensional standards for the district in which the contractor’s yard is located shall

apply, although the Planning Commission may, as a condition of site plan approval,

require greater setbacks as appropriate based on specific site conditions to protect water

quality and neighboring properties.

3. The maintenance and repair of vehicles and equipment shall be limited to inside of an

enclosed building. The storage of equipment shall be screened in accordance with

Subsection (1). Dead iron (e.g., inoperable, unused, unregistered equipment) shall not

be stored on the premises.

4. The operation of the contractor’s yard shall meet all performance standards set forth in

Section 5.11.

5. There shall be no storage of hazardous waste or materials on the premises; fuel storage

shall be limited to that needed for heating, and the operation of equipment and vehicles

associated with the business.

6. The Planning Commission may, as a condition of approval, place conditions on the

hours of operation.

6.5 CAMPGROUNDS AND RECREATIONAL VEHICLES

A. Any vehicle used for living quarters and sited so as not to be readily movable shall be

deemed a structure and a dwelling unit. These structures shall be subject to all zoning

regulations applicable to other dwellings unit.

B. New campgrounds, and any addition or alteration to an existing campground, shall be

subject conditional use review, site plan review and review under the following regulations:

1. Campgrounds shall provide individual recreational vehicle or tent spaces.

Bakersfield Zoning and Subdivision Bylaw 2017

2. A strip of land at least thirty (30) feet wide shall be maintained as an undeveloped buffer

area abutting all campground property lines. No recreational vehicle, tent, or service

building shall be located in this buffer area. The Board of Adjustment may reduce or

eliminate this buffer area provision upon request of the applicant if such a modification,

or waiver, will make it possible to preserve a scenic view from the campground,

providing that privacy for adjoining property owners can be maintained.

3. Collector roads within the campground shall meet the following minimum standards:

Table 6.1: Campground Road Standards

ONE-WAY ROAD

TWO-WAY ROAD

Right-of-way Width

18 feet

30 feet

Gravel Depth

12 inches

Gravel Width

10 feet

20 feet

6.6 GAS STATIONS

A. Gas stations may be permitted in designated zoning districts subject to site plan review

under Section 4.3 and the following additional standards:

1. A new gas station shall not be located within three hundred (300) feet of any lot

occupied by a school.

2. The following density and dimensional requirements shall apply:

Table 6.2: Gasoline Station Dimensional Requirements

Minimum Lot Size

2 acres

Minimum Lot Frontage

200 feet

Minimum Lot Depth

200 feet

3. All parking and pump areas shall be located to the side or in the rear of the principal

structures on the lot. Garages, accessory structures, pumps, lubricating and other service

equipment shall be set back at least fifty (50) feet from road rights-of-way, and front,

side and rear lot lines. All fuel and oil shall be stored at least thirty-five (35) feet from

all property lines.

4. All automobile parts and dismantled vehicles are to be stored within an enclosed

building or otherwise screened from view.

5. There shall be no more than two (2) access driveways. No access or curb cut shall

exceed forty (40) feet in width. All accesses shall be in compliance with Section 5.4.

6. Canopies, if deemed necessary, shall be limited to the minimum area required for

adequate pump and apron coverage, and the minimum height required to meet

applicable state and federal safety requirements.

7. Lighting levels on station aprons, under canopies and in associated parking areas shall

be the minimum required for intended activities. The lighting of such areas shall not be

Bakersfield Zoning and Subdivision Bylaw 2017

used for advertising or to attract attention to the business. Lights shall not be mounted

on the top or sides of canopies; and the sides of canopies (fascias) shall not be

illuminated. Light fixtures mounted on canopies shall either be recessed so that the lens

cover is flush with the bottom surface (ceiling) of the canopy; or for indirect lighting,

mounted and shielded so that direct illumination is focused exclusively on the underside

of the canopy. Outdoor lighting shall also meet applicable lighting standards under

Section 5.9.

8. Signs shall meet all requirements of Section 5.13. No signs may extend beyond the

pumps.

9. Service station siting, design and layout should be compatible with the character of the

neighborhood. A landscaped area shall be maintained at least five (5) feet in depth

along all road frontage, excluding designated access areas. Additional curbing,

landscaping and screening, and pedestrian walkways may be required as appropriate.

10. Gasoline stations which also include retail sales unrelated to motor vehicle service,

maintenance or repair (e.g., food, convenience items) shall be reviewed as a mixed use

(see Section 6.7) within designated zoning districts, and as such shall be required to

meet all zoning provisions pertaining to such retail uses for the district in which they are

located, including but not limited to acreage, frontage, and/or parking requirements in

addition to this section.

6.7 HOME BASED BUSINESSES (Home Occupations and Cottage Industries)

A. Home Occupations: In accordance with the 24 V.S.A. 4412(4), no provision of these

regulations shall infringe upon the right of any resident to use a minor portion of a dwelling

for an occupation which does not have an undue adverse effect upon the character of the

area. Home occupations, as distinguished from cottage industries under subsection (B), are

allowed as an accessory use in all districts where residential uses are allowed, subject to the

following provisions:

1. The home occupation shall be clearly incidental and secondary to the residential use of

the property, and shall be conducted wholly within the principal dwelling or accessory

structures;

2. The home occupation shall be carried out on-site only by members of the family residing

in the dwelling unit.

3. No traffic which would be uncharacteristic of the neighborhood shall be generated.

4. Exterior displays of goods and wares, exterior storage of materials, and other exterior

indications of the home occupation, which does not substantially alter the residential

character of the principal or accessory structures, shall be permitted.

5. Adequate off street parking shall be provided to accommodate residents and non-

resident employees, in accordance with Section 5.10.

6. The home occupation shall be subject to all performance standards under Section 5.11.

Bakersfield Zoning and Subdivision Bylaw 2017

B. Cottage Industries: Cottage industries or home-based businesses, as distinguished from

Home Occupations under subsection (A), may be permitted in designated zoning districts

subject to conditional use review under Section 4.4 and the following additional provisions:

1. The business owner shall reside on the lot.

2. The business shall be carried on within the principal dwelling unit and/or accessory

structure(s), and shall not occupy more than four thousand (4,000) square feet in gross

floor area.

3. Residents of the dwelling unit and no more than four (4) non-resident, full-time

equivalent employees may be employed on-site at any one time.

4. The business shall not exceed fifteen (15) vehicular round trips per day in the course of

conducting its regular operations.

5. Adequate off-street parking shall be provided for all residents and employees in

accordance with Section 5.10.

6. There shall be no on-site storage of hazardous waste or materials unless stored in an

approved enclosure; fuel storage shall be limited to that needed for heating, and the

operation of equipment and vehicles associated with the business.

7. The business shall be visually compatible with neighboring lots and uses; landscaping

and screening may be required as appropriate. In addition, screening may be required

for any outdoor storage of materials including building or construction materials,

unregistered vehicles or heavy equipment.

8. On-site wholesale and/or retail sales shall be limited to products produced or assembled

on the premises.

9. The business shall not create hazards to public safety and welfare or to neighboring

properties, and shall be subject to outdoor lighting standards under Section 5.9 and

performance standards included under Section 5.11. Conditions may be placed on the

hours of operation as appropriate.

10. The permit for a cottage industry shall clearly state that the industry is a home-based

business, which is accessory to the principal residential use and shall be retained in

common ownership and management. A cottage industry may be subdivided and/or

converted for sale or use apart from the residential use only if it meets all current

municipal and state regulations and bylaws pertaining to such use (e.g. Retail, Light

Industry, etc.), including all dimensional, and other requirements for the district in

which it is located. Separate permits shall be required as appropriate prior to

subdivision, sale and/or conversion of a cottage industry.

6.8 EXCAVATION AND EARTH RESOURCE EXTRACTION

A. Earth Resource Extraction. The removal of soil, sand, gravel, and other earth resources

for sale, except when incidental to construction of a building on the same premises, is

considered an earth resource extraction use. To receive approval for an earth resource

Bakersfield Zoning and Subdivision Bylaw 2017

extraction use, the applicant shall present a plan to demonstrate that they comply with the

General Regulations in Article 5, site plan standards in Section 4.3, conditional use

standards in Section 4.4, and the following standards:

1. Drainage. All surface drainage affected by excavation operations shall be controlled by

the owner to prevent erosion debris and other loose materials from filling any drainage

course, street, or private property.

2. Setbacks. Adjoining properties shall be protected from undue adverse impacts resulting

from dust, noise, or air pollution. No power-activated sorting or crushing machinery or

equipment shall be located within three hundred feet of any street or other property line,

and all such machinery shall be equipped with satisfactory dust control devices.

3. Landscaping and Screening. A landscaping and screening plan shall be submitted by

the applicant. Within the required three hundred feet setback areas, natural vegetation

shall be retained, and supplementary planting may be required in order to buffer

impacts from the operation.Suitable fencing or other appropriate safety precautions may

be required around extraction sites, sedimentation ponds, and spoil or equipment

storage areas.

4. Blasting. A blasting plan shall be submitted by the applicant. Explosives may be used

only per a plan approved by the Board of Adjustment and only after it has been

demonstrated by the applicant that the use of such materials will not have an undue

adverse impact on adjoining properties.

5. Reclamation. A reclamation plan shall be submitted by the applicant for approval. The

extraction operation sites shall be graded smooth and left in a neat condition. Cut slopes

and soil banks shall not be allowed to remain. The operation site shall be mulched and

reseeded so as to establish a firm cover of grass or other vegetation sufficient to prevent

erosion.

6. Bonding. Before zoning permit may be issued for any new, or expansion of, an earth

resource extraction operation, a performance bond shall be secured from the applicant

sufficient to ensure that, upon completion of the operation, the site will be restored and

reclaimed for other development uses. The amount and form of such surety shall be

subject to the approval of the Bakersfield Selectboard based upon the operator's

estimate, bids or other information deemed necessary by the Board of Adjustment, but

shall not exceed one hundred fifty (150) percent of the projected improvement and

maintenance cost. Bonding shall be required, sufficient to cover the completion of the

reclamation and maintenance of such improvements for a period of two (2) years after

completion.

6.9 MIXED USE

A. Mixed use development involving more than one principal use within a principle structure

or in multiple principal structures on a single lot shall be subject to site plan (Section 4.3)

and conditional use review (Section 4.4) and the following provisions:

1. Each of the proposed uses is otherwise allowed as a permitted or conditional use in the

district in which the mixed use is proposed.

Bakersfield Zoning and Subdivision Bylaw 2017

2. The mixed use meets all other applicable regulations and use provisions contained in

these regulations.

3. This section shall not apply to home based business accessory uses regulated under

Section 6.5.

6.10 MOBILE HOME PARKS

A. Mobile home parks are subject to all state laws in addition to the requirements of these

regulations including site plan (Section 4.3) and conditional use review (Section 4.4).

Mobile home parks shall be considered planned unit developments and shall be reviewed in

accordance with Article 9 – Planned Unit Developments.

6.11 SALVAGE YARDS

A. New or expanded commercial salvage yards may be permitted within designated zoning

districts subject to conditional use review and site plan review under Article 4 and the

following specific use standards:

1. Lot Size. A minimum of ten (10) contiguous acres shall be required. No more than 5

acres shall be used for the salvage yard use.

2. Setbacks. Salvage yards shall be set back at least one hundred (100) feet from all

property lines, road rights-of-way, surface waters, and wetlands.

3. Landscaping. Salvage yards shall be screened year-round from public view; additional

landscaping, fencing or other forms of screening may be required as appropriate.

Salvage yards shall be secured as necessary to protect public health, safety, welfare,

and neighboring properties.

4. Lighting. Exterior lighting shall be the minimum required for security and safe

operation.

5. Performance Standards. All performance standards under Section 5.11 shall apply.

6. Storage. The on-site storage of materials shall not adversely affect surface, ground or

drinking water supplies in the vicinity of the yard.

7. Conditions. Conditions and limitations may be imposed with regard to traffic

generated, hours of operation, and the on-site storage of hazardous materials in order to

protect neighboring properties, public infrastructure including roads, and the character

of the area in which the yard is located.

8. Restoration. All materials shall be removed from the site within twelve (12) months of

the cessation or abandonment of operations; and the site shall be restored to a safe,

usable condition. Site restoration, including the clean up and disposal of hazardous

materials, shall be subject to all applicable state and federal regulations. A site

restoration plan shall be required.

Bakersfield Zoning and Subdivision Bylaw 2017

9. Certificate of Approved Location. All salvage yards are subject to review and

approval by the Bakersfield Select Board under separate State Statute (24 V.S.A.,

Chapter 61, Subchapter 10).

6.12 TELECOMMUNICATIONS FACILITIES

Applicability

. New or expanded telecommunication facilities that

are not

subject to 30 V.S.A.

Section 248a, including but not limited to towers and accessory structures, are subject to site plan

review and the provisions of this section. In conformance with 24 V.S.A. § 4412(9), the Planning

Commission may permit new or expanded telecommunications facilities if the Planning Commission

find that the facility will impose not more than a de minimus impact on all applicable standards in

these regulations.

Notwithstanding the requirements of Subsection (A), wireless telecommunications equipment

subject to this section to be mounted on existing towers, utility poles, silos, steeples or other

existing structures may be permitted by the Zoning Administrator without site plan approval

provided that:

No changes are made to the height or appearance of such structure except as required for

mounting;

The height of the antenna as mounted does not exceed maximum district height

requirements under Article 3 – Zoning Districts and District Regulations;

No panel antenna shall exceed 72 inches in height or 24 inches in width;

No dish antenna shall exceed 3 feet in diameter; and

Any accompanying equipment shall be screened from view.

A Certificate of Public Good from the Public Service Board under 30 V.S.A. Section 248a

preempts these regulations and may be required for the construction or installation of

telecommunications facilities that are to be interconnected with other telecommunications

facilities proposed or already in existence. The Public Service Board determines jurisdiction.

Exemptions

. The following are considered to be de minimis alterations and are specifically

exempted from the provisions of this Section and no zoning permit shall be required:

Placement of an antenna used to transmit, receive, or transmit and receive communications

signals on that property owner's premises if the area of the largest face of the antenna is not more

than 15 square feet, and if the antenna and any mast support do not extend more than 12 feet

above the roof of that portion of the building to which the mast is attached.

Antenna structures less than twenty (20) feet in height with a primary function to transmit or

receive communication signals for commercial, industrial, municipal, county, or state purposes.

Telecommunication facilities that are used exclusively for municipal radio dispatch service or

emergency radio dispatch service and which do not exceed 100 feet in height.

A single ground or building mounted radio or television antenna or satellite dish not exceeding

36 inches in diameter which is intended solely for residential use, and does not, as mounted,

exceed 40 feet in height above the lowest grade at ground level.

All citizens band radio antennae or antennae operated by a federally licensed amateur radio

Bakersfield Zoning and Subdivision Bylaw 2017

operator which do not exceed a height of 50 feet above the grade level, whether free standing or

mounted, and which meet all setback requirements for the district in which they are located.

Supplemental Application Requirements

. In addition to the application requirements set forth in

Section 4.2, applications for

new

towers shall also include the following:

1. A report from a qualified and licensed professional engineer which describes tower height,

construction design and capacity, including cross-sections, elevations, potential mounting

locations, and fall zones.

2. Information regarding the availability of existing towers and buildings located within the service

area of the proposed site, including written documentation from other facility owners within the

area that no suitable sites for the proposed facility are available at existing facilities.

3. A letter of intent committing the tower owner and his/her successors to allow the shared use of

the tower if an additional user agrees in writing to meet reasonable terms and conditions for

shared use.

4. Written documentation that the proposed tower shall comply with all requirements of the Federal

Communications Commission, and the Federal Aviation Administration.

5. Any additional information needed to determine compliance with the provisions of these

regulations.

Construction Standards

. Telecommunications facilities shall conform to the following

construction standards:

1. The facility shall not be built on speculation. If the applicant is not a telecommunication service

provider, the applicant shall provide a copy of a contract or letter of intent showing that a

telecommunication service provider is legally obligated to locate a wireless telecommunication

facility on lands owned or leased by the applicant.

2. All towers, including antennae, shall be less than 200 feet in height as measured from the lowest

grade at ground level to the top of the highest structure or component.

3. All telecommunication facilities shall comply with the setback provisions of the zoning districts

in which facilities are located. Notwithstanding the above, in order to ensure public safety, the

minimum distance of any wireless telecommunication facility to any property line, dwelling, or

occupied structure shall be no less than the height of the tower, including antennas or other

vertical appurtenances. This setback shall be referred to as a fall zone. In the event that an

existing structure such as a barn silo, church steeple, or utility pole is proposed as a mounting for

a wireless telecommunication facility, a fall zone setback may not be required.

4. The facility will not be illuminated by artificial means and will not display any lights or signs

except for such lights and signs as required by Federal Aviation Administration, federal or state

law, or these Regulations.

5. The Planning Commission may require the applicant to provide a bond, or other form of

financial guarantee acceptable to the Planning Commission, to cover the cost of removal of the

facility, should the facility be abandoned or cease to operate.

6. The applicant demonstrates that the facility will be in compliance with all FCC standards and

requirements regarding radio frequency radiation. The owner of a wireless telecommunication

facility shall, on a yearly basis, file a certificate to the Zoning Administrator showing that it is in

Bakersfield Zoning and Subdivision Bylaw 2017

compliance with all FCC standards and requirements regarding radio frequency radiation, and

that adequate insurance has been obtained for the facility.

7. The facility will be properly identified with appropriate warnings indicating the presence of

radio frequency radiation.

8. The proposed equipment is installed on an existing wireless telecommunication facility, unless it

is demonstrated by the applicant that such co-location is not structurally or spatially possible.

9. The facility provides reasonable opportunity for the installation and operation of other

telecommunications equipment (co-location).

10. Unless otherwise approved by the Planning Commission, an abandoned or unused wireless

telecommunication facility shall be removed within 2 years of abandonment or cessation of use.

The applicant may apply to the Planning Commission for an extension for removal. If the

facility is not removed or an extension granted within 2 years of abandonment or cessation of

use, the Planning Commission may cause the facility to be removed. The costs of removal shall

be assessed against the facility owner.

11. Unused portions of a wireless telecommunication facility shall be removed within 1 year of the

time that such portion is no longer used. Replacement of portions of a facility previously

removed shall require a new permit.

Additional Site Plan Criteria

. In addition to the site plan review standards in Section 4.3 and the

construction standards in (F) above, the Planning Commission shall approve an application for a

wireless telecommunications facility when it finds that the application does not impose more than a

de minimus impact on the following criteria:

1. New towers shall be sited and designed to minimize their visibility. New or modified towers

and antennae shall be designed to blend into the surrounding environment to the greatest extent

feasible, through the use of existing vegetation, landscaping and screening, the use of

compatible materials and colors, or other camouflaging techniques.

2. Access roads, and all accessory utility buildings and structures shall be designed to aesthetically

blend in with the surrounding environment and meet all other minimum requirements for the

district in which they are located. Ground-mounted equipment shall be screened from view.

Setback, landscaping and screening requirements may be increased as appropriate based on site

conditions, and to protect neighboring properties and uses. All utilities proposed to serve a

telecommunications site shall be installed underground.

6.13 WIND ENERGY CONVERSION SYSTEMS (WECS)

A. Applicability. All wind driven conversion or power generating facilities, windmills, and

wind turbines, consisting of wind turbine generators, transmission lines and accessory

buildings and structures, that will not be connected to any public utility power grid shall

require site plan approval in accordance with this Section 4.3 and this section. Wind energy

conversion systems that will connect to a public utility power grid require a Certificate of

Public Good from the Vermont Public Service Board under 30 V.S.A. 248; no zoning

permit or approval under these regulations is required.

B. Application Requirements. The application shall include a site plan showing proposed

location of all conversion system poles or towers, guy lines where required, and guy line

Bakersfield Zoning and Subdivision Bylaw 2017

anchor bases and their distance from all property lines. The safety of the design shall be

certified by a professional engineer or by an authorized factory representative.

C. Standards. In addition to the site plan standards in Section 4.3, wind energy conversion

systems shall conform to the following specific standards:

1. Setback. No part of the system shall be located within or above any required front, side,

or rear setback area of the district in which it is located. The WECS shall be located at

a distance of at least 1.25 times the height of the facility (measured form the base to the

highest reach of the blade) from any structure occupied by humans and from all

property lines. The setback from the property lines shall be waived if the abutters of

those affected properties so grant their permission in writing.

2. Height. The minimum height of the lowest position of the WECS blade shall be at least

thirty (30) feet above the ground and forty (40) feet above the highest structure or tree

within a two hundred and fifty (250) foot radius.

3. Aesthetics. The system shall be designed and placed in such a manner to minimize to

the greatest extent feasible, all adverse visual impacts on neighboring areas. The colors

and surface treatment of the structures shall to the greatest extent feasible, minimize

disruption of the natural characteristics of the site.

4. Access. To ensure safety, all towers or poles must be unclimbable by design for the first

twelve (12) feet or be enclosed by a six (6) foot fence and locked gate at the perimeter

of the base.

5. Noise. The windmill shall not exceed 60 decibels (dBA), as measured at the lot line.

Bakersfield Zoning and Subdivision Bylaw 2017

Figure 7.1 - Plan and Survey Plat

Specifications

Sketch Plans. An informal sketch of

the proposed subdivision, the purpose

of which is to enable the Subdivider

to save time and expense in reaching

general agreement with the Planning

Commission on the design of the

subdivision and objectives and

requirements of these regulations.

Sketch plans shall include basic

information as required in Table 7.1

and may be hand drawn.

Plot Plans. A plot plan is a detailed

illustration of the proposed

subdivision, which may be one sheet

or many sheets as necessary to make

the information clear and legible. Plot

plans shall be drawn to scale and

include detailed information as

required in Table 7.1.

Survey Plat. A map surveyed to

scale on Mylar by a licensed land

surveyor for filing in the Town’s

land records. It shall clearly depict

one or more parcels, tracts or

subdivisions of land, showing, but

not limited to, boundaries,

corners, markers, monuments,

easements and other rights.

Survey Plats shall be prepared

according to the requirements in

Section 7.4 and 27 V.S.A .Chapter

17.

ARTICLE 7 SUBDIVISION REVIEW

7.1 APPLICABILITY

A. Any land development for agricultural, residential,

commercial, recreational, or industrial purposes that

would involve the subdivision of any tract into two

or more lots for the purpose of development,

transfer of ownership, or lease of a lot shall be

subject to the subdivision regulations herein:

B. For the purposes of these regulations, subdivisions

shall be classified as the following:

1. Minor Subdivisions. Minor Subdivisions shall

include any subdivision resulting in two (2)

lots, amendments to an approved subdivision

plan, and boundary line adjustments.

2. Major Subdivisions. Major Subdivisions shall

include any subdivision that divides an existing

lot into three (3) or more lots and planned unit

developments (PUDs) that include the

subdivision of land.

C. Boundary Line Adjustments. Applications for

boundary line adjustments, which do not create any

additional lots, make conforming lots non-

conforming, or increase the degree of

nonconformance of any existing lot or use, may be

exempted from sketch plan review and proceed

immediately to final plan review provided that the

applicant has submitted all final plan application

materials to the Planning Commission and the

application meets all of the subdivision standards in

Section 7.3.

7.2 APPLICATION MATERIALS

A. Applications. For all subdivisions (including boundary adjustments), the applicant shall

submit two (2) original, full sized copies and six (6) reduced (11 x 17) copies of all required

plans and/or plats. The Planning Commission may request additional copies. All

applications shall comply with the requirements in Table 7.1. A brief written narrative

describing the proposed subdivision and its conformance with these regulations, and the

goals and policies of the Bakersfield Town Plan, shall be submitted with all subdivision

applications.

Bakersfield Zoning and Subdivision Bylaw 2017

B. Modifications. The Planning Commission may waive or modify application submission

requirements upon written request by the applicant if the Planning Commission judges that

the application submission requirements are not requisite in the interest of the public health,

safety, and general welfare, or are inappropriate both in the short and long term. The

Planning Commission may modify the requirements for the provision of any or all

improvements and requirements, if in its judgment they are not necessary for the protection

of public health, safety, and general welfare or are inappropriate because of inadequacy or

lack of connecting facilities adjacent or in proximity to the subdivision (24 V.S.A. §

4418(2)(A)). The Planning Commission may impose appropriate and reasonable conditions

to address the objectives of the modified requirements. No such modification may be

granted if it would have the effect of nullifying the intent and purpose of these regulations,

or the Act.

Table 7.1: Application Requirements

 – the item is required

Sketch Plan

Preliminary

Plan

Final Plan

Note: Information required in this Table may be prepared on 1 or more sheets, as

necessary to make the information clear and legible.

Application form (6 copies)



Application fee



Subdivision Plan Requirements

Location Map



Title Block – including the following information:



Project Title



Plan Title (Overall site plan, utility plan, stormwater plan,

etc.)



Location Description



Site Address



Name of Landowners



Name of Developer/Client (if different than landowner)



Scale (minimum 1 inch = 200 feet)



Name, Title, License Number, and Stamp of Surveyor, VT

Licensed Engineer, Architect, or Landscape Architect who

prepared the plan (if applicable)



North Arrow



Date of preparation and record of any revisions



Relevant Planning and Zoning Information, including

zoning district, density analysis (how many lots/units allowed

according to zoning standards), setbacks, parking standards, etc.



Area of land in square feet or acres for each tract, lot, structure,

and large feature.



Contour lines at intervals of 20 feet



Bakersfield Zoning and Subdivision Bylaw 2017

Table 7.1: Application Requirements

 – the item is required

Sketch Plan

Preliminary

Plan

Final Plan

Lot and Tract Identification – boundaries for entire tract, lot

lines for each existing and proposed lot, and for any involved

land (access road, easements, rights-of-way, and any open

space or mitigation land). Existing and proposed lots should be

differentiated. Each lot shall be given a number for reference.



Property Boundary Survey Signed and Stamped by

Licensed Land Surveyor – Property boundary surveys are

required for all new subdivided lots. Property boundary

surveys are required for the entire parent parcel (original lot

from which lots are subdivided) when:

-the “parent parcel” is 10 acres or less in size, and/or

-greater than 50% of acreage of the “parent parcel” is

subdivided into lots



Adjacent property and owners – all adjacent lands should be

labeled with the name of the property owner(s) and their

addresses.



Existing features (i.e. non-portable features of the landscape) –

Streams, ponds, floodplain, River Corridors and wetlands;

prime and statewide agricultural soils, structures, foundations,

and old cellar holes; wells, springs, and septic systems; stone

walls and fence lines; historic or archeological resources; forest

boundaries, fields, large trees, and rock outcroppings;

transportation and utility infrastructure like roads, sidewalks,

and power lines; and any other existing features.



The proposed project – (i.e. all improvements planned for one

or more related sites and which fall under the purview of these

Regulations) – All proposed roads, driveways and parking

areas, landscaping, utilities, signs, dumpsters, tanks, lights,

water supplies, and septic systems.



Mitigation measures – Any stream or wetland buffers, or

agricultural or wildlife habitat easements, or other areas

required to be set aside for preservation/conservation.



Off-site Improvements that may be required locally or by the

State, such as improvements that mitigate traffic impacts like a

turning lane, or construction, buffers, landscaping or other

mitigation within an adjacent easement or leased area.



Building envelopes, reserve areas, and open space (if any).



Public rights-of-way and easements



Bakersfield Zoning and Subdivision Bylaw 2017

Table 7.1: Application Requirements

 – the item is required

Sketch Plan

Preliminary

Plan

Final Plan

Specialized Plans/Plats

Utility Plan – Location of water and sewer improvements and

easements, including force-mains, pump stations, and underground

electric and telephone lines.



Erosion and Sediment Control Plan – Locations where sediment

must be trapped before entering a watercourse and the devises used to

impede erosion (i.e. silt fencing, hay-bale or stone dams around catch

basins and at intervals in swales and ditches).



Stormwater Management Plan – Detail on collection, retention,

and treatment of stormwater. The plan shall show site grades,

direction of drainage flow, and design of any detention basins.



Road and Bike/Pedestrian Plan – Current and proposed grades for

the installation of roads, bridges, driveways, sidewalks, bike lanes,

and other pedestrian amenities. The applicant shall show cross

sections of proposed roads and sidewalks and detail information for

all associated transportation infrastructure. Ownership and

maintenance agreements for private roads and driveways shall be

submitted.



Landscaping Plan – Locations for existing and proposed vegetation,

as well as structures, features, and other topographical information.

Scientific and common names for proposed species should be

identified. Areas proposed for clearing and no-cut zones should be

identified.



Lighting and Signage Plan – Locations and illumination of exterior

lights. Location and dimensions of all exterior signs.



Garbage Collection Plan – Location for garbage collection and

method for containing garbage put out for pick-up.

Required

Architectural elevations for commercial and multi-family

residential buildings – Renderings of the project’s physical

appearance as seen from the east, west, north, and south viewpoints.

Required

Transportation Impact Study – A report analyzing anticipated

roadway conditions with and without the proposed project. The

report may include an analysis of mitigation measures and a

calculation of fair share financial contributions.

Required

Master Plan - an indication of proposed roads, driveways or streets,

the future probable lot lines and building envelopes of the remaining

portion of the tract, or adjacent properties, and a description of the

probable uses (drawn in sketch plan format). This includes

information about subdivision phasing.



Legal Documents – A draft of all newly created or revised deeds,

covenants, or other legal documents associated with the proposed

development.



Modifications – A written request for modifications from application

requirements.



Engineer's Certificate – A certificate from a consulting engineer,

Bakersfield Zoning and Subdivision Bylaw 2017

Table 7.1: Application Requirements

 – the item is required

Sketch Plan

Preliminary

Plan

Final Plan

approved by the Selectboard, as to the satisfactory completion of all

improvements required by the Planning Commission, or in lieu

thereof, a performance bond or equivalent surety to secure

completion of such improvements and their maintenance for a period

of two years, with a certificate from the Selectboard that it is satisfied

with either the bonding or surety company, or with security furnished

by the applicant.

Required

Fiscal impact analysis (analysis of fiscal costs and benefits to the

town)

Required

Environmental impact assessment (analysis of potential

environmental impacts, proposed mitigation measures)

Required

State Wastewater Permit - Copy of state wastewater permit(s) or

letter of exemption

Required

7.3 SUBDIVISION REVIEW PROCEDURES

A. Overview. Detailed review process requirements for boundary adjustments, minor

subdivisions, and major subdivisions are included in this Section. The subdivision review

process differs by subdivision type.

B. Minor Subdivisions. The following procedure shall apply to all minor subdivisions:

1. Sketch Plan. All minor subdivisions shall require Sketch Plan review by the Planning

Commission.

Bakersfield Zoning and Subdivision Bylaw 2017

a. Initial Meeting/Sketch Plan.

When the Zoning Administrator

has received all necessary

application materials as described

in Table 7.1 and determined that

the sketch plan application is

complete, the Zoning

Administrator shall refer the

application to the Planning

Commission for sketch plan

review. The applicant and/or an

authorized representative shall

attend the sketch plan meeting to

discuss the subdivision application

and proposed sketch plan. At this

meeting, the Planning Commission

may request any additional

information as needed to act on the

sketch plan. Figure 7.2

demonstrates the level of detail that

is expected on a sketch plan.

Applicants are encouraged to

submit hand drawn sketches and

are discouraged from making

significant investments in

engineered plans prior to sketch

plan review.

b.Action on Sketch Plan. The

Planning Commission shall issue a

written determination on the sketch

plan within 45 days of the close of

the sketch plan meeting, which

may include requirements or

recommendations for modifications

to the sketch plan, additional

studies, or supporting documentation that shall be required at final plan and plat

review.

c. Effect of Sketch Plan Determination. Sketch plan determinations and associated

recommendations or requirements shall remain in effect for six (6) months from the

date of issuance, unless otherwise specifically approved or extended by the Planning

Commission. Within six (6) months of the date of issuance of a sketch plan

determination by the Planning Commission, the applicant may apply to the

Commission for final plan and plat review (in the case of a minor subdivision). Sketch

plan approval shall be invalid if a final plan and plat public hearing has not been

warned prior to the expiration of six (6) months; the applicant shall be required to

resubmit a new sketch plan application subject to all new zoning and subdivision

Figure 7.2. Sketch Plan. The sketch plan review

process provides an applicant with the opportunity

to get early feedback on their plans for a site. This

sample sketch plan shows the level of detail that is

expected at this stage in the process. Applicants

are encouraged to go through sketch plan review

prior to making a significant investment in

engineered plans.

Bakersfield Zoning and Subdivision Bylaw 2017

regulations. The Zoning Administrator may grant extensions, in writing, beyond this 6

month period when there are delays the applicant is unable to avoid.

2. Final Plan and Plat Review. All minor subdivisions shall require Final Plan and Plat

review by the Planning Commission.

a. Public Hearing Requirements. Within thirty (30) days of receiving a complete Final

plat and fees, the Planning Commission shall hold a public hearing following the

public notice and public hearing procedures of Section 2.3.

b.Action on Final Plan and Plat. Within 45 days of the date the final public hearing is

closed, the Planning Commission shall issue a written decision that approves, approves

with conditions, or disapproves the final subdivision application (Section 2.4). If the

Planning Commission fails to act within 45 days, the final subdivision plat shall be

deemed approved.

c. Effect of Final Approval. Final approval shall contain a time limit within which all

improvements shall be completed, not to exceed three years, unless otherwise required

or extended by the Planning Commission. If approved, the applicant shall file the

survey plat in accordance with Section 7.3(D).

d.Conditions of Final Plan and Plat Approval.

i. Final Approval by the Planning Commission shall not be deemed evidence of

any acceptance by the Town of any proposed street, easement, utility, open

space, or other required public improvements shown on the final plat. Such

acceptance may only be accomplished by a formal resolution of the

Selectboard.

ii. All streets, drainage, water, sewer, and other required improvements shall be

provided and installed at the sole expense of the subdivider as a condition of

plat approval by the Planning Commission. The Planning Commission may

require a performance bond per Section 7.4(B)(9).

C. Major Subdivisions. The following procedure shall apply to all major subdivisions:

1. Sketch Plan

a. Initial Meeting. When the Zoning Administrator has received all necessary

application materials as described in Table 7.1 and determined that the sketch plan

application is complete, the Zoning Administrator shall refer the application to the

Planning Commission for sketch plan review. The applicant and/or an authorized

representative shall attend the sketch plan meeting to discuss the subdivision

application and proposed sketch plan. At this meeting, the Planning Commission

may request any additional information as needed to act on the sketch plan. Figure

7.1 demonstrates the level of detail that is expected on a sketch plan. Applicants

are encouraged to submit hand drawn sketches and are discouraged from making

significant investments in engineered plans prior to sketch plan review.

Bakersfield Zoning and Subdivision Bylaw 2017

b. Action on Sketch Plan. The Planning Commission shall issue a written

determination on the sketch plan within 45 days of the close of the sketch plan

meeting, which may include requirements or recommendations for modifications to

the sketch plan, additional studies, or supporting documentation that shall be required

at final plan and plat review.

c. Effect of Sketch Plan Determination. Sketch plan determinations and associated

recommendations or requirements shall remain in effect for six (6) months from the

date of issuance, unless otherwise specifically approved or extended by the Planning

Commission. Within six (6) months of the date of issuance of a sketch plan

determination by the Planning Commission, the applicant may apply to the

Commission for final plan review (in the case of a minor subdivision). Sketch plan

approval shall be invalid if a preliminary plan public hearing has not been warned

prior to the expiration of six (6) months; the applicant shall be required to resubmit a

new sketch plan application subject to all new zoning and subdivision regulations.

The Zoning Administrator may grant extensions, in writing, beyond this 6 month

period when there are delays the applicant is unable to avoid.

2. Preliminary Plan Review

a. Public Hearing Requirements. When the Zoning Administrator determines that

the preliminary plan application is complete, the Zoning Administrator shall

schedule a public hearing at the next available Planning Commission meeting,

following the public notice and public hearing procedures of Section 2.3. A site

visit may be conducted as part of the public hearing.

b. Action on Preliminary Plan. Within 45 days of the date the public hearing is

closed, the Planning Commission shall issue a determination on the preliminary

plan, which may include recommendations for modifications, additional studies, or

supporting documentation to be submitted in final plan review.

c. Effect of Preliminary Plan Approval. Approval of a preliminary plan does not

constitute approval of the subdivision plat. Prior to approval of the final

subdivision plat, the Commission may require additional changes as a result of

further study. The approval of a preliminary plan shall be effective for a period of

six (6) months, and any plan not receiving final approval prior to the expiration of

six (6) months shall be null and void and the subdivider shall be required to submit

a new plat for preliminary approval subject to all new zoning and subdivision

regulations. The Zoning Administrator may grant extensions, in writing, beyond

this 6 month period when there are delays the applicant is unable to avoid, or when

a phased subdivision is required as a condition of preliminary plan approval.

3. Final Plan and Plat Review.

a. Public Hearing Requirements. Within thirty (30) days of receiving a complete

Final plat and fees, the Planning Commission shall hold a public hearing following

the public notice and public hearing procedures of Section 2.3.

b. Action on Final Plan and Plat. Within 45 days of the date the final public

hearing is closed, the Planning Commission shall issue a written decision that

Bakersfield Zoning and Subdivision Bylaw 2017

approves, approves with conditions, or disapproves the final subdivision

application. If the Planning Commission fails to act within 45 days, the final

subdivision plat shall be deemed approved.

c. Effect of Final Approval. Final approval shall contain a time limit within which

all improvements shall be completed, not to exceed three years, unless otherwise

required or extended by the Planning Commission. If approved, the applicant shall

file the survey plat in accordance with Section 7.3(D).

d. Conditions of Final Plan and Plat Approval.

i. Final approval by the Planning Commission shall not be deemed evidence of

any acceptance by the Town of any proposed street, easement, utility, open

space, or other required public improvements shown on the final plat. Such

acceptance may only be accomplished by a formal resolution of the

Selectboard.

ii. All streets, drainage, water, sewer, and other required improvements shall be

provided and installed at the sole expense of the subdivider as a condition of

plat approval by the Planning Commission. The Planning Commission may

require a performance bond per Section 7.4(B)(8).

D. Plat Recording.

1. Upon final approval of all subdivisions by the Planning Commission, the applicant shall

prepare a copy of the plat for recording in conformance with the requirements of 27

V.S.A. Chapter 17 and Section 2.4(D). Within 180 days of the date of receipt of final

plan approval, the applicant shall file two (2) copies of the final subdivision plat,

including one (1) mylar copy and (1) paper copy, for recording with the town. Approval

of subdivision plats not filed and recorded within this 180-day period shall expire.

However, the Zoning Administrator may grant one 90-day extension for plat filing. All

recorded plats shall be signed by the Chair of the Planning Commission prior to

recording. A digital copy of the plat shall be provided to the Zoning Administrator.

2. All approved building envelopes, if they exist within a subdivision or PUD, shall be

shown on the final plat.

3. Every subdivision plat shall show all proposed roads and pedestrian rights-of-way, as

required under these Regulations, regardless of whether a proposed right-of-way is

intended to be accepted by the Town.

E. Subdivision Amendments

1. No changes, modifications, or other revisions that alter the plat or conditions attached to

an approved subdivision plan shall be made unless the proposed revisions are first

resubmitted to the Planning Commission for final subdivision review and the Planning

Commission approves such revisions after public hearing. In the event that such

changes are recorded without complying with this requirement, the revisions shall be

considered in violation of subdivision approval.

Bakersfield Zoning and Subdivision Bylaw 2017

7.4 GENERAL SUBDIVISION STANDARDS

A. Evaluation and Application of Standards. The Planning Commission shall evaluate any

applicable subdivisions of land in accordance with the standards set forth in this section.

The Planning Commission may require the applicant to submit data addressing impacts

related to these following standards. In light of findings made on these standards, the

Planning Commission may require modification and phasing of the proposed subdivision, or

measures or conditions to avoid or mitigate any undue adverse impacts.

B. Basic Standards.

1. Character of the Land. The Planning Commission shall determine that any land

proposed for subdivision is of a character appropriate for the intended purpose and

density of use, as proposed in the subdivision application, without inflicting undue

adverse impact on public health and safety, the environment, neighboring properties, or

the character of the surrounding area and community. Subdivisions shall be designed

and laid out to achieve the desired settlement pattern and purpose of the district in which

they are located as defined in Section 3.3. New subdivisions shall:

a. Maintain and extend desired settlement patterns, including lot area and

configuration, road layout, and building locations for the neighborhood or district in

which they are located; and

b. Maintain contiguous tracts of open space and forests; and connect to, and extend

where appropriate, existing road, path, utility and open space corridors.

2. Planning and Design Standards. All subdivisions shall meet the Planning and Design

Standards in Article 8.

3. Density and Lot Layout. Density, lot size, and layout shall conform to zoning district

dimensional standards in Section 3, unless modified or waived by the Planning

Commission.

a. No new lot created shall have an area or frontage less than the minimum required for

the district in which it is located per Section 3.4. Any public right-of-way or private

street shall create lot frontage (corner lots, therefore, have frontage on two

roadways).

b. Dogleg lots, “spaghetti” lots, and lots otherwise contorted in order to get around

these regulations are not permitted. Lot lines should be designed to follow existing

land characteristics such as land contours, fence lines, roads, and paths, as well as to

protect significant natural resources or to avoid excessively steep slopes, water

courses, and wetlands.

c. No new lot shall be created unless it has an approved access in accordance with

Section 5.4.

d. Lower densities of development than those proposed may be required by the

Planning Commission based on site limitations.

Bakersfield Zoning and Subdivision Bylaw 2017

4. Conformance with the Town Plan and

Other Regulations. Subdivision proposals

shall conform to the goals and policies of the

Bakersfield Town Plan, other provisions of

these regulations, the capital budget and

program, and all other bylaws, ordinances

and regulations of the Town of Bakersfield

currently in effect.

5. Establishment of Building Envelopes. The

Planning Commission may require the

identification of specific building footprints,

if, in their judgment, such information is

required to meet the standards set forth in

these Regulations. Such building envelope

shall be designed to identify and limit the

location of principal and accessory

structures, parking areas, and associated site

development (excluding road and utility

rights-of-way or easements) on one or more

portions of a lot. The size and shape of the building envelope shall conform to district

setback requirements. Building envelopes shall be shown on the final plat.

Figure 7.3 Building Envelopes. The building envelope identifies the area in which development

will take place and must be depicted on the subdivision plans.

6. Energy Conservation. To conserve energy and to reduce environmental impact, all

subdivisions shall use the least amount of area for roadways and the least length of

sewer, water and utility lines within environmentally and economically sound limits.

Clustered development (i.e. Planned Unit Developments) shall be considered rural and

conservation zoning districts. The siting of buildings shall maximize solar access where

feasible, and landscaping, where feasible, shall effectively be used to provide wind

barriers and reduce heat loss or gain.

7. Monuments & Lot Corner Markers. Permanent monuments and corner markers shall

be placed on all subdivided parcels in conformance with the current version of the Rules

Figure 7.2 Irregular Lots. Irregular

lots, such as dogleg lots and

“spaghetti” lots, do not create desirable

development patterns. Lot lines should

follow existing land characteristics.

Bakersfield Zoning and Subdivision Bylaw 2017

of the Board of Land Surveyors, Part 5, Standards for the Practice of Land Surveying.

8. Bonding. The Planning Commission may require a performance bond or other form of

security of up to the value of the cost of the improvement to ensure that the project is

constructed and maintained for a period of two years in compliance with the final

approval and these regulations. The amount and form of such surety shall be subject to

the approval of the Bakersfield Selectboard. The bond shall be released only when the

conditions have been satisfied in the judgment of the Bakersfield Selectboard in

consultation with the Planning Commission. In the event any required improvements

have not been installed or maintained in accordance with the terms of the bond, such

bond shall be forfeited to the Town and the proceeds thereof used by the Town to install

and maintain such improvements as are covered by the conditions of the bond.

C. Community Services and Utilities.

1. Municipal Facilities and Services. The proposed subdivision shall not create an undue

burden on municipal facilities or create an unreasonable demand for public services (e.g.

shall not result in an increase in student enrollment in excess of existing or planned

school capacity). For subdivisions greater than 10 lots in size, the Planning Commission

shall consult with the Selectboard and/or School District to make this determination.

Considerations shall include the capacity of facilities and services directly affected, and

the public cost of improvements relative to the anticipated tax return from the proposed

development.

2. Fire Protection Facilities and Emergency Access. Subdivisions shall provide

adequate water storage or distribution facilities for fire protection to the satisfaction of

the Planning Commission after consultation with the Bakersfield Fire Department. The

applicant shall submit documentation from the Bakersfield Fire Department as to the

adequacy of emergency access and fire protection facilities. Where recommended by

the Bakersfield Fire Department, the Planning Commission shall require the applicant to

install fire hydrants, dry hydrants, or ponds.

D. Utilities.

1. Locations. All utilities, existing and proposed, throughout the subdivision shall be

shown on the final plan.

a. The Planning Commission may require that all utility lines, including but not

limited to electric, fiber optic, gas, telephone, and cable television, be located

underground throughout the subdivision, in order to reduce wind and ice damage

to lines and protect the scenic character of the community.

b. The subdivider shall coordinate subdivision design with utility companies to

insure adequate and suitable areas for underground and above-ground installation,

both for the proposed subdivision and areas adjacent to the subdivision.

c. Utility corridors shall be shared with other utility and or transportation corridors

where feasible, and located to minimize site disturbance, the fragmentation of

agricultural, forest and conservation lands, and any adverse impacts to natural,

cultural or scenic resources and to public health.

Bakersfield Zoning and Subdivision Bylaw 2017

2. Easements. Easements of sufficient width shall be provided to the utility so as to

serve both the proposed subdivision and existing and anticipated development outside

the subdivision. Such easements shall be shown on the final plat.

E. Traffic. The proposed subdivision shall not cause unreasonable congestion or unsafe

conditions on the affected public or private roads.

F. Phasing. At the time the Planning Commission grants preliminary approval, it may require

the proposed subdivision to be divided into two or more phases to be developed at separate

times and may impose such conditions upon the filing of application for final plan and plat

approval as it deems necessary to assure the orderly development of the subdivision and

coordination with the planned and orderly growth of the Town as set forth in the Town Plan.

G. Legal Requirements.

1. The applicant shall provide the Planning Commission with appropriate documentation

for the adequate management and maintenance of all commonly owned entities,

including community wastewater and water supply systems, community facilities,

parking areas, private roads and rights-of-way, trail and utility rights-of-way, and open

space. Ownership, management, and maintenance shall be clearly dictated in a

covenant, easement, and/or other legal mechanism approved by the Planning

Commission. In the case of a right-of-way that is not intended for acceptance by the

Town, the mechanism by which the right-of-way is to be privately maintained, owned

and/or conveyed shall clearly be documented. All legal documents applying to a

particular parcel shall be included in the deed and recorded in the Bakersfield Land

Records.

7.5 FIXED AREA ALLOCATION FOR PRESERVATION OF LAND WITHIN THE

RURAL AND CONSERVATION DISTRICTS

A. Purpose. The purpose of the Rural and Conservation zoning districts is to preserve farmland

and forests while permitting limited subdivision. In order to further the purpose of these

zoning district, land may be subdivided within the Rural and Conservation zoning districts

in a manner that helps protect agriculture, forests and primary conservation resources.

B. Standards. A lot of no more than 2 acres may be subdivided in the Rural zoning district or

Conservation zoning district provided that the lot meets the following requirements:

1. The application shall meet all of the requirements for a minor subdivision in Section 7.2

and 7.3.

2. The application shall meet all subdivision standards in Section 7.4 and the Planning and

Design Standards in Article 8.

3. The “parent lot” from which the new lot has been subdivided shall meet the minimum

acreage requirement of the zoning district. The new lot and the parent lot shall both meet

the minimum frontage requirements for the applicable zoning district (Section 3.4).

Bakersfield Zoning and Subdivision Bylaw 2017

4. Additional lots lot cannot be created from a “new” lot: that has been subdivided within

the last five years.

5. A deed restriction shall be recorded in the Town Clerk’s Office prohibiting further use

of the fixed area allocation subdivision on the parent parcel for a period of at least

twenty years. Conventional subdivision of the original parent parcel in conformance

with these regulations is still allowed.

Bakersfield Zoning and Subdivision Bylaw 2017

ARTICLE 8 PLANNING AND DESIGN STANDARDS

8.1 APPLICATION OF STANDARDS

A. The Planning Commission shall evaluate all subdivision, conditional use, site plan and

planned unit development (PUD) applications in accordance standards in Article 8.

8.2 ROAD STANDARDS

A. Applicability of Road Standards. These standards shall apply to all proposed public and

private roads. Acceptance of private roads by the municipality is subject to the approval of

the Selectboard. Construction of roads to these standards in no way ensures acceptance of

the road by the municipality.

B. Design Standards. All roads shall meet the following additional design standards:

1. Dead end roads shall be specifically discouraged. All dead end roads shall be

constructed with a suitable turn around at the end; “T”, “Y”, and cul-de-sac

configurations suitable to topography and adequate for emergency vehicles to turn

around efficiently are permitted. Cul-de-sac are not allowed in the Village District.

2. Roads shall logically relate to topography to minimize site disturbance and to produce

usable lots in relation to the proposed use of the land they will serve, including the

amount of cut and fill required, reasonable grades, and safe intersections. Road grades

should be consistent with local terrain. Maximum road grade shall not, in any 50-foot

section, exceed an average of eight percent (8%).

3. Roads shall be designed and laid out to:

a. Avoid impacts on historic, cultural and scenic resources, primary conservation

resources, and to enhance the vitality of the village areas;

b. Follow existing linear features, such as utility corridors, tree lines, hedgerows, and

fence lines, and should avoid fragmentation of agricultural land, forests and open

fields;

c. Be consistent with existing road patterns in village and other settlement areas,

including the selection of visually compatible materials, the preservation of existing

features, and the management of vegetation within the road corridor; and

d. Maximize connectivity within the subdivision and to adjoining parcels and road

networks.

C. Road Construction Standards. Road construction, including specifications relating to

crown, grade, sub-base, surfacing, and drainage shall conform to the Vermont Road and

Bridge Standards, as most recently amended.

D. Intersections. A new or relocated road shall be located so that:

Bakersfield Zoning and Subdivision Bylaw 2017

2. A safe sight stopping distance is provided as determined by probable traffic speed,

terrain, alignments and climatic extremes. Generally, sight distance should be eleven

(11) times the speed limit (e.g. a curb cut on a road with 40 mph speed limit would

require a minimum sight distance of 440 feet which provides a gap of 7.5 seconds of

travel time).

3. It is directly opposite an existing road or driveway to form a four-way intersection

wherever feasible. The Planning Commission shall not permit intersections that create

centerline offsets of less than 125 feet.

4. It intersects the existing roadway at an angle between 70 and 90 degrees.

5. Its slope within 100 feet of an intersection shall not exceed three (3) percent.

6. No structure or planting is situated to impair corner visibility.

E. Connectivity and coordination with adjoining properties.

1. In the Village District and High Density Residential District, and where appropriate in

other zoning districts, the arrangement of roads in a subdivision shall provide for

connectivity with roads in adjoining neighborhoods and/or allow for future connection

to adjoining properties not yet subdivided. Road connectivity from neighborhood to

neighborhood increases accessibility for fire protection and emergency services, allows

for movement of traffic and pedestrians to and from community facilities, and increases

the feasibility of constructing or extending needed utilities and public services. Where it

is not feasible or appropriate to connect a proposed road with adjacent neighborhood(s),

the Planning Commission may require the set aside of rights-of-way for future access to

development on the lot or adjacent properties, require connectivity via pedestrian rights

of way in conformance or otherwise modify this requirement.

2. Shared driveways and/or internal development roads providing access to multiple lots

are encouraged and may be required to limit the number of access points onto public

highways in accordance with Section 5.4.

F. Upgrade to Existing Roads. Where an existing public or private road is inadequate or

unsafe, the Planning Commission, in consultation with the Selectboard, may require the

subdivider to upgrade the road to conform to these standards. In situations where a

development may require an increase in capacity of an existing road, such as realignment or

widening, or where the Town Plan indicates that such improvements may be required in the

future, the subdivider may be required to reserve land for such improvements. Any existing

road that provides either frontage to new lots or access to new roads also shall meet these

requirements. Where a subdivision requires expenditure by the municipality to improve

existing roads to conform to these standards, the Planning Commission may disapprove

such subdivision until the Selectboard certifies that funds for the improvements have been

ensured; or the subdivider may be required to contribute to any or all of the expenses

involved with road improvements necessitated by the project.

G. Road Names & Signs. Roads shall be named in accordance with any municipal road

naming ordinance or policy currently in effect.

Bakersfield Zoning and Subdivision Bylaw 2017

8.3 SIDEWALKS AND PEDESTRIAN ACCESS

A. All development in Bakersfield shall contain provisions for pedestrian traffic that is adequate in

terms of safety, convenience, access to points of destination, attractiveness, and connections

with pedestrian ways on adjoining properties.

B. Within all major subdivisions, the Planning Commission shall require pedestrian rights-of-

way in the form of perpetual unobstructed easements to facilitate pedestrian and bicycle

circulation and to ensure access to adjoining properties, uses, or public facilities.

C. Sidewalks shall be required in major subdivisions in the Village Center District and may be

required for minor subdivisions. Sidewalks shall be required to connect to sidewalks on

abutting properties if they exist.

8.4 PROTECTION OF FARMLAND AND FORESTS

A. Subdivision boundaries, lot layout, and building envelopes shall be located and configured to

avoid adverse impacts on prime and statewide agricultural soils, productive farmland,

silvicultural areas, and contiguous forest blocks.

B. Methods for avoiding undue adverse impacts include but are not limited to the following:

1. Building envelopes shall be located at field and forest edges and on the least fertile soil in

order to minimize the loss of productive agricultural and silvicultural land, impacts on

existing farm operations, fragmentation of forests and wildlife habitat, and disruption to the

scenic qualities of the site.

2. In the Rural District and Conservation District:

a. Vegetated buffer areas shall be required between agricultural and other uses to

minimize land use conflicts.

b. The space used for access roads, driveways, and utility corridors shall be minimized

(for example, by sharing). Where sites include linear features such as existing roads,

tree lines stonewalls and/or fence lines, new infrastructure shall follow these to

minimize the fragmentation of productive agricultural land and minimize visual

impacts.

8.5 STORMWATER MANAGEMENT AND EROSION CONTROL

A. Stormwater

1. Applicability. All project applications shall indicate how stormwater will be managed. A

stormwater management plan shall be provided, unless waived by the Planning Commission or

Zoning Board of Adjustment if it is clear that stormwater management is not an issue on site.

The plan shall show all natural and constructed drainage ways and detention areas, both existing

and proposed, in addition to how drainage from the site might impact properties downstream.

2. General Standards.

Bakersfield Zoning and Subdivision Bylaw 2017

a. Stormwater runoff shall be directed to existing separate drainage facilities where they exist

on site.

b. New swales, ponds, or other effective management techniques shall be incorporated into the

site design to prevent any runoff from reaching adjacent properties or causing unsafe

conditions on the project site. Natural watercourses and drainage ways shall be incorporated

into the design of drainage systems to the fullest extent possible.

c. The best available technology shall be used to minimize stormwater runoff, increase on-site

infiltration, encourage natural filtration functions, simulate natural drainage systems, and

minimize discharge of pollutants to ground and surface water. Best available technology

may include measures such as:

i. Detention basins or ponds;

ii. Recharge trenches or swales;

iii. Bio-retention areas or rain gardens that collect runoff and allow for short-term

ponding and slow infiltration;

iv. Minimizing the use of impervious surfaces;

v. Vegetative and landscaping controls that intercept the path of surface runoff;

vi. Dry wells consisting of gravel or stone-filled pits to catch water from roof

downspouts or paved areas;

vii. Permeable pavement or pavers that allow stormwater to seep through into the

ground;

viii. Rain barrels and cisterns of various sizes that store runoff conveyed through building

downspouts; and/or

d. Stormwater drainage shall not flow onto adjacent properties. Failure to maintain natural

and/or engineered on-site systems as part of an approved development will be considered a

violation.

B. Erosion Control. Land shall be developed so as to retain, insofar as possible, the natural

contours and to conserve the natural cover and soil. All areas exposed during construction

shall be protected in accordance with the standards of the Natural Resources Conservation

Service, the Vermont Agency of Natural Resources, or other appropriate regulatory body.

Permanent vegetation and structures shall be established according to a schedule as required by

the Planning Commission or Zoning Board of Adjustment. The Planning Commission or

Zoning Board of Adjustment may require the preparation and implementation of a

sedimentation and erosion control plan to ensure the site improvements, excluding excavation,

road and driveway construction and site clearing and grading shall not unduly impact

neighboring properties or surface waters. Such a plan, if required, shall be prepared by a

Professional Engineer licensed by the State of Vermont.

8.6 LANDSCAPING AND SITE PRESERVATION

A. Site Preservation of Existing features. Site amenities such as trees and tree lines, water

courses or drainageways, scenic roads, historic sites, unique geologic features, fences,

Bakersfield Zoning and Subdivision Bylaw 2017

stonewalls, or any other features that the Planning Commission or Zoning Board of Adjustment

feels are an asset to the site and/or community shall be preserved insofar as possible through

harmonious design and appropriate construction methods in accordance with policies and goals

set forth in the Town Plan.

B. Landscape improvements. The Planning Commission or Board of Adjustment may require

landscape improvements for the purpose of reducing the visibility of unsightly or incompatible

areas from the road and adjoining properties, which must meet seasonal conditions, soil

conditions, and light conditions on the site, in accordance with the following standards:

1. Landscaping shall take the form of native shade trees, deciduous shrubs, evergreens, well

kept grasses, ground cover and site modifications such as berms.

2. In determining the amount and type of plantings to be required, the Planning Commission

shall take into account the following:

a. Existing trees, shrubs, evergreens and other vegetation to be preserved on the site to

the greatest extent possible;

b. The visibility of incompatible or unsightly areas from public roads and/or adjacent

properties;

c. The landform and overall landscaping plan for the development; and

d. Other factors which affect the safety and appearance of the development.

3. Native street trees shall be required along state and town highways in the Village Center

District.

4. Off-street parking areas for uses other than single and two-family dwellings shall be

required to be landscaped or screened from adjacent uses.

5. Landscaping shall be installed in a time frame established by the Planning Commission or

Board of Adjustment.

Bakersfield Zoning and Subdivision Bylaw 2017

ARTICLE 9 PLANNED UNIT DEVELOPMENT

9.1 PURPOSE AND APPLICABILITY

A. Planned Unit Developments (PUDs) are allowed in the High Density, Rural, and Conservation

Districts in Bakersfield. PUDs are not allowed in the Village Center District. The purposes of

PUDs are:

 to encourage flexibility in design and unified treatment of the development site

 to reduce adverse impacts to, or the fragmentation of, significant natural resources and

open space

 to preserve agricultural and forestry resources and maintain rural character

 to promote concentrated, compact, mixed use, pedestrian-scale development

 to facilitate the efficient and economical provision of streets, utilities, and municipal

services.

To achieve the purposes set forth above and in accordance with § 4417 of the Act, the

Planning Commission may modify the area and dimensional requirements of these

regulations upon the request of the applicant. These modifications shall be subject to the

standards described in this section and all other applicable provisions of these regulations.

9.2 REVIEW PROCESS AND APPLICATION MATERIALS

A. An application for PUD approval shall also require review as a major subdivision if the

project involves the subdivision of land. If a PUD does not involve the subdivision of land,

the project shall require site plan review, in accordance with Section 4.3.

B. Approval of a PUD that involves the development of one (1) or more conditional uses shall

require conditional use review in accordance with Section 4.4.

C. In addition to the application requirements for subdivision review or site plan review, as

applicable, applications for PUDs must include the following:

1. A brief summary of the project and how it meets the standards in this section;

2. A statement describing all proposed modifications of these regulations, including the

proposed size and layout of lots and open space, and the design, size, and spacing of

buildings; and

3. Plans for the permanent protection, maintenance and/or management of open space areas

included within the development.

9.3 GENERAL PUD STANDARDS

A. In addition to the subdivision standards in Article 7, Planning and Design Standards in Article

8, and other applicable provisions of these regulations, PUDs shall meet the standards of this

section. The Planning Commission may impose conditions to ensure that these standards are

met:

Bakersfield Zoning and Subdivision Bylaw 2017

1. The project shall be consistent with the Bakersfield Town Plan.

2. PUDs may include a mix of compatible uses. These uses shall be arranged and buffered to

ensure visual and acoustical privacy to residential uses and around the PUD.

3. PUDs shall be an effective and unified treatment of the project site and shall be designed to

minimize undue adverse impact on stream banks, slopes greater than 15%, wetlands, soils

unsuitable for development, primary agricultural soils, forested areas, historic sites, rare

threatened and endangered species, floodplains, river corridors, and scenic resources.

4. The PUD may be required to be phased in order that adequate municipal facilities and

services may be provided.

5. A PUD should contain varied types of dwellings and varied, yet complementary, types

of architectural style, lot sizes, building materials, and exterior colors.

6. A PUD may involve the creation of separate building lots, or may include a

development in which multiple buildings and uses are constructed on a single parcel in

common ownership.

7. A PUD shall contain open space for purposes appropriate to the district. The Planning

Commission, as a condition of its approval, may establish such conditions on the

ownership, use and maintenance of such lands as it deems necessary to assure the

preservation of such lands for their intended purposes.

9.4 DENSITY OF DEVELOPMENT

A. Except as provided in Subsection D (Density Bonus) below, the number of units allowed in

a PUD shall not exceed the number that could be permitted if the land were subdivided

based on the dimensional requirements of the zoning district.

B. Where a zoning district boundary line divides a parcel, the development of a single PUD is

allowed with a total number of allowable units based on the following formula:

(area in district 1)x(allowable density

of district 1) + (area in district

2)x(allowable density of district2)

Any fractional numbers resulting from

this formula shall be rounded down to

the nearest whole number.

Development may be located on any

portion of the parcel, regardless of

zoning district, in accordance with the

standards set forth in these regulations.

C. PUDs Involving Two or More

Parcels. Two or more contiguous

parcels may be combined in a single

Figure 9.1 - Determining Density When a

Single Parcel is Located in Two Zoning

Districts

Where a district boundary divides a parcel, the

development of a single PUD is allowed with a

total density based on the combined allowable

density of each district. For example, a 15-acre

parcel in which 10 acres is located in the Rural

District and 5 acres is located in the High

Density District has a maximum allowable

density of 6 units, based the formula of:

10 acres x 1 unit/10 acres in Rural= 1 unit

5 acres x 1 unit/acre in High Density= 5 units

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application for review as a PUD. The number of allowed units may be aggregated onto a

single parcel to allow for greater concentrations of development and corresponding

preservation of open space.

D. Density Bonus in the High Density District. The Planning Commission is authorized to

grant a density bonus to proposed PUDs located entirely in the High Density District,

allowing the number of units to be increased by up to a maximum of 25 percent for projects.

The Planning Commission may decide the amount of the density bonus based upon the

features of the specific site, and will provide their rationale in the findings of fact for the

approval of the site plan. A density bonus may be granted if:

1. At least 25 percent of the total project area is legally protected as open space for

agricultural or recreational use, or

2. At least 25 percent of the housing units in the project are designated as perpetual

affordable housing through a legally binding agreement or covenant, or

3. At least 50 percent of the housing units in the project are designated as perpetual senior

housing through a legally binding agreement or covenant.

9.5 OPEN SPACE

A. Planned Unit Developments shall be designed to incorporate open space, which may include

land intended for outdoor recreation or lands with important natural, cultural, scenic or

agricultural resource value. Open space shall be approved by the Planning Commission, in

accordance with the following:

1. Sewage disposal areas, stormwater treatment areas, utility and road rights-of-way or

easements, access and parking areas shall not be counted as open space, except where

the applicant can prove to the satisfaction of the Planning Commission that they will in

no way disrupt or detract from the values for which the open space is to be protected.

2. The open space shall provide for the protection of resources on the site to the extent

possible, including surface waters, wetlands, slopes greater than 15%, prime agricultural

soils and forests, critical wildlife habitat, significant geologic features, and scenic

resources identified in the municipal plan.

3. The location, shape, size and character of the open space shall be suitable for its context

and intended use. Areas preserved for agriculture and forestry should be of a size that

retains their eligibility for available tax abatement programs. When possible, open space

shall be located adjacent to areas sharing similar uses, characteristics or natural features.

4. In the Rural and Conservation Districts the amount of protected open space shall not be

less than 50% of the total project area.

5. Open land shall be protected in perpetuity for its intended use by one of the following

means as approved by the Planning Commission:

a. A conservation easement is granted to a third party, such as a land trust;

b. The open space may be held in common by a homeowners’ association and

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protected by covenant from further development;

c. The open space may be held by a single owner with a deed restriction prohibiting

future development;

d. The open space may be conveyed in fee simple to one of the following as

approved by the Planning Commission:

i. The Town of Bakersfield, if it agrees;

ii. A non-profit organization whose mission includes the protection of natural

resources, historic preservation and/or public recreation.

6. Permit conditions shall establish ownership and a plan for maintenance and long term

stewardship. All costs associated with administering and maintaining open space shall be

the responsibility of the applicant and subsequent landowners.

Bakersfield Zoning and Subdivision Bylaw 2017

ARTICLE 10 FLOOD HAZARD AND RIVER CORRIDOR

REGULATIONS

10.1 STATUTORY AUTHORIZATION AND EFFECT

A. In accordance with 10 V.S.A. Chapter 32, and 24 V.S.A. Chapter 117 §4424, §4411 §4414,

and 24 VSA Chapter 59, there is hereby established a bylaw for areas at risk of flood

damage in the Town of Bakersfield, Vermont.

10.2 STATEMENT OF PURPOSE

A. It is the purpose of this article to:

1. Avoid and minimize the loss of life and property, the disruption of commerce, the

impairment of the tax base, and the extraordinary public expenditures and demands on

public services that result from flooding related inundation and erosion;

2. Ensure that the selection, design, creation, and use of development in hazard areas is

reasonably safe and accomplished in a manner that is consistent with public wellbeing,

does not impair stream equilibrium, flood plain services, or the stream corridor,

3. Manage all flood hazard areas designated pursuant to 10 V.S.A. Chapter 32 § 753, the

municipal hazard mitigation plan; and make the Town of Bakersfield, its citizens, and

businesses eligible for federal flood insurance, federal disaster recovery funds, and

hazard mitigation funds as may be available.

10.3 LANDS TO WHICH THESE STANDARDS APPLY

A. These regulations shall apply to the River Corridors and Special Flood Hazard Areas in the

Town of Bakersfield, Vermont as described below. These hazard areas overlay any other

existing zoning districts and the regulations herein are the minimum standards that must be

met before meeting the additional standards applicable in the underlying district. These

hazard areas include:

1. The River Corridors as published by the Vermont Agency of Natural Resources

including the Statewide River Corridors and refinements to that data based on field-

based assessments which are hereby adopted by reference. Where River Corridors are

not mapped, the standards in Section 10.5 shall apply to the area measured as fifty (50)

feet from the top of the stream bank or slope from all rivers and streams included in the

Vermont Hydrography Dataset (VHD).

2. The Special Flood Hazard Area in and on the most current flood insurance studies and

maps published by the Department of Homeland Security, Federal Emergency

Management Agency, National Flood Insurance Program, as provided by the Secretary

of the Agency of Natural Resources pursuant to 10 V.S.A. Chapter 32 § 753, which are

hereby adopted by reference and declared to be part of these regulations.

B. Base Flood Elevations & Floodway Limits shall be determined as follows:

Bakersfield Zoning and Subdivision Bylaw 2017

1. Where available, base flood elevations and floodway limits provided by the National

Flood Insurance Program and in the Flood Insurance Study and accompanying maps

shall be used to administer and enforce these regulations.

2. In Special Flood Hazard Areas where base flood elevations and floodway limits have

not been provided by the National Flood Insurance Program in the Flood Insurance

Study and accompanying maps, it shall be the responsibility of the applicant to develop

the base flood elevation at the site using data provided by FEMA or available from State

or Federal agencies.

C. Interpretation. The information presented on any maps, or contained in any studies,

adopted by reference, is presumed accurate.

1. If uncertainty exists with respect to the boundaries of the Special Flood Hazard Area or

the floodway, the location of the boundary shall be determined by the Zoning

Administrator (ZA). If the applicant disagrees with the determination made by the ZA, a

Letter of Map Amendment from FEMA shall constitute proof.

2. If uncertainty exists with respect to the boundaries of the River Corridor, the location of

the boundary shall be determined by the ZA. If the applicant disagrees with the

determination made by the ZA, a letter of determination from the Vermont Agency of

Natural Resources shall constitute proof.

D. Warning of Disclaimer of Liability. This article does not imply that land outside of the

areas covered by this article will be free from flood or erosion damages. This article shall

not create liability on the part of the Town of Bakersfield, or any municipal official or

employee thereof, for any flood or erosion damages that result from reliance on this

regulation, or any administrative decision lawfully made hereunder.

10.4 DEVELOPMENT REVIEW IN HAZARD AREAS

A. Zoning Permit. A zoning permit is required from the Zoning Administrator for all

development in all areas defined in Section 10.11. Development that requires conditional

use approval, non-conforming use approval, or a variance from the Zoning Board of

Adjustment (ZBA) under this article must have such approvals prior to the issuance of a

zoning permit by the Zoning Administrator. Any development subject to municipal

jurisdiction in the Special Flood Hazard Area or River Corridor shall meet the criteria in

Section 10.4, 10.5 and 10.8. Any zoning permit issued will require that all other necessary

permits from State or Federal Agencies have been received before work may begin.

B. Permitted Development. The following development is permitted and requires only a

zoning permit from the Zoning Administrator provided that the development standards in

Section 10.5 are met:

1. Special Flood Hazard Area (excluding Floodway):

a. Non-substantial improvements to existing structures;

b. Accessory structures;

c. Development related to on-site septic or water supply systems;

Bakersfield Zoning and Subdivision Bylaw 2017

d. Building utilities;

e. At-grade parking for existing structures;

f. Recreational vehicles.

2. Floodway and River Corridor

a. Recreational vehicles.

C. Conditional Use Review. Conditional use approval by the Zoning Board of Adjustment, is

required prior to the issuance of a zoning permit by the Zoning Administrator for the

following proposed development:

1. Special Flood Hazard Area (excluding Floodway):

a. Substantial improvement, elevation, relocation, or flood proofing of existing

structures;

b. New or replacement fuel storage tanks for existing structures;

c. Grading, excavation; or the creation of a pond;

d. Improvements to existing roads;

e. Bridges, culverts, channel management activities, or public projects which are

functionally dependent on stream access or stream crossing;

f. Public utilities;

2. Floodway

a. All improvements to existing structures in the floodway;

3. River Corridor

a. Improvements to existing primary structures in the River Corridors that do not

expand the footprint of the existing structure more than 500 square feet;

b. Accessory structures in the River Corridors, of 500 square feet or less, that

represent a minimal investment;

c. Building utilities;

d. At-grade parking for existing buildings in the River Corridors.

D. Prohibited Development.

1. Special Flood Hazard Area:

a. New residential or non-residential structures (including the placement of

manufactured homes);

b. Storage or junk yards;

c. New fill except as necessary to elevate structures above the base flood elevation;

d. Critical facilities; and,

e. All development not exempted, permitted, or conditionally permitted.

2. Floodway:

Bakersfield Zoning and Subdivision Bylaw 2017

a. New residential or non-residential structures (including the placement of

manufactured homes);

b. Storage or junk yards;

c. New fill except as necessary to elevate structures above the base flood elevation;

d. Accessory structures;

e. Critical facilities;

f. All development not exempted, permitted, or conditionally permitted.

3. River Corridor

a. New residential or non-residential structures (including the placement of

manufactured homes);

b. Storage or junk yards;

c. New fill except as necessary to elevate structures above the base flood elevation;

d. Critical facilities;

e. All development not exempted, permitted, or conditionally permitted.

E. Exempted Development. The following development is exempt from regulation under

this article:

1. The removal of a building or other structure in whole or in part;

2. Maintenance of existing roads and storm water drainage;

3. Silvicultural (forestry) activities conducted in accordance with the Vermont Department

of Forests and Parks Acceptable Management Practices;

4. Agricultural activities conducted in accordance with the Vermont Department of

Agriculture’s Required Agricultural Practices (RAP). Prior to the construction of farm

structures the farmer shall follow the procedures outline in Section 1.7.

10.5 FLOOD HAZARD AREA DEVELOPMENT STANDARDS

A. Special Flood Hazard Area:

1. All Development shall be:

a. Reasonably safe from flooding and:

b. Designed, operated, maintained, and adequately anchored to prevent flotation,

collapse, or lateral movement of the structure;

c. Constructed with materials resistant to flood damage;

d. Constructed by methods and practices that minimize flood damage;

e. Constructed with electrical, heating, ventilation, plumbing and air conditioning

equipment and other service facilities that are designed and/or located so as to

prevent water from entering or accumulating within the components during

conditions of flooding.

f. Adequately drained to reduce exposure to flood hazards;

g. Located so as to minimize conflict with changes in channel location over time and

the need to intervene with such changes; and,

h. Required to locate any fuel storage tanks (as needed to serve an existing building in

the Special Flood Hazard Zone) a minimum of one foot above the base flood

elevation and be securely anchored to prevent flotation; or storage tanks may be

placed underground, if securely anchored as certified by a qualified professional.

Bakersfield Zoning and Subdivision Bylaw 2017

2. In Zones AE, AH, and A1 – A30 where base flood elevations and/or floodway limits

have not been determined, development shall not be permitted unless it is demonstrated

that the cumulative effect of the proposed development, when combined with all other

existing and anticipated encroachment, will not increase the base flood elevation more

than 1.00 foot at any point within the community. The demonstration must be supported

by technical data that conforms to standard hydraulic engineering principles and

certified by a licensed professional engineer.

3. Structures to be substantially improved in Zones A, A1-30, AE, and AH shall be

located such that the lowest floor is at least one foot above base flood elevation, this

must be documented, in as-built condition, with a FEMA Elevation Certificate;

4. Non-residential structures to be substantially improved shall:

a. Shall meet the standards in Section 10.5(A)(3); or,

b. Have the lowest floor, including basement, together with attendant utility and

sanitary facilities be designed so that that two feet above base flood elevation the

structure is watertight with walls substantially impermeable to the passage of water

and with structural components having the capability of resisting hydrostatic and

hydrodynamic loads and effects of buoyancy. A permit for a building proposed to

be floodproofed shall not be issued until a registered professional engineer or

architect has reviewed the structural design, specifications and plans, and has

certified that the design and proposed methods of construction are in accordance

with accepted standards of practice for meeting the provisions of this subsection.

5. Fully enclosed areas below grade on all sides (including below grade crawlspaces and

basements) are prohibited.

6. Fully enclosed areas that are above grade, below the lowest floor, below base flood

elevation, shall:

a. Be solely used for parking of vehicles, building access, or storage, and such

condition shall clearly be stated on any permits; and,

b. Be designed to automatically equalize hydrostatic flood forces on exterior walls by

allowing for the entry and exit of floodwaters. Such designs shall be certified by a

licensed professional engineer or architect, or meet or exceed the following

minimum criteria: A minimum of two openings having a total net area of not less

than one square inch for every square foot of enclosed area subject to flooding shall

be provided. The bottom of all openings shall be no higher than one foot above

grade. Openings may be equipped with screens, louvers, valves, or other coverings

or devices provided that they permit the automatic entry and exit of floodwaters.

7. Recreational vehicles shall be fully licensed and ready for highway use.

8. A small accessory structure of 500 square feet or less, that represents a minimal

investment, need not be elevated to the base flood elevation provided the structure is

placed on the building site so as to offer the minimum resistance to the flow of

floodwaters and shall meet the criteria in Section 10.5(A)(6).

Bakersfield Zoning and Subdivision Bylaw 2017

9. New and replacement water supply systems shall be designed to minimize or eliminate

infiltration of flood waters into the systems.

10. New and replacement sanitary sewage systems shall be designed to minimize or

eliminate infiltration of flood waters into the systems and discharges from the systems

into flood waters.

11. On-site wastewater disposal systems shall be located to avoid impairment to them or

contamination from them during floodiang.

12. The flood carrying capacity within any altered or relocated portion of a watercourse

shall be maintained and any alteration or relocation shall not result in any decrease of

stream stability.

13. Bridges and culverts, which by their nature must be placed in or over the stream, must

have a stream alteration permit from the Agency of Natural Resources where

applicable.

14. Subdivisions and Planned Unit Developments shall be accessible by dry land access

outside the special flood hazard area.

15. Existing buildings, including manufactured homes, to be substantially improved in

Zone AO shall have the lowest floor, including basement, elevated above the highest

adjacent grade, at least as high as the depth number specified on the community’s

FIRM, or at least two feet if no depth number is specified.

B. Floodway Areas:

1. Encroachments or development above grade and less than one foot above the base

flood elevation, are prohibited unless hydrologic and hydraulic analyses are

performed in accordance with standard engineering practice, by a licensed

professional engineer, certifying that the proposed development will:

a. Not result in any increase in flood levels (0.00 feet) during the occurrence of the

base flood;

b. Not increase any risk to surrounding properties, facilities, or structures from erosion

or flooding.

c. Meet all standards in Section 10.5(A).

2. Public utilities may be placed underground, and the analyses may be waived, where

a licensed professional engineer certifies that there will be no change in grade and

the utilities will be adequately protected from scour.

C. River Corridors:

1. Improvements to existing structures, and any associated fill as needed to comply

with elevation requirements in Section 10.5(A), shall not decrease the distance

between the existing primary building and the top of bank;

Bakersfield Zoning and Subdivision Bylaw 2017

2. Accessory structures may be located within 50 feet of the existing primary building

provided that the location does not decrease the distance between the existing

primary structure and the top of bank.

3. Development shall not increase the susceptibility of the development, or other

properties, to potential fluvial erosion damage.

4. Development shall not increase the potential of materials being swept onto other

properties, or into the stream or river, and shall not increase the potential of causing

damage to other properties from fluvial erosion;

5. Development shall not cause an undue burden on public services and facilities

including roads, bridges, culverts, and emergency service providers during and after

fluvial erosion events.

6. Bridge and culvert projects shall have a Stream Alteration Permit; and

7. Channel management activities must be authorized by the Agency of Natural

Resources.

10.6 STANDARDS FOR REVIEW OF NONCONFORMING STRUCTURES AND

USES

A. The Zoning Board of Adjustment may approve the repair, relocation, replacement, or

enlargement of a nonconforming structure within a hazard area, subject to compliance with

applicable federal and state laws and regulations, compliance with Section 5.8, and

provided that the following criteria are met:

1. The proposed development is in compliance with all the Development Standards in

Section 10.5 of these regulations;

2. A nonconforming structure that is substantially damaged or destroyed may be

reconstructed only in circumstances when the structure cannot be relocated to a less

hazardous location on the parcel. The lowest floor of the reconstructed structure

shall be rebuilt to one foot or more above the base flood elevation, and the structure

shall otherwise comply with all requirements of the National Flood Insurance

Program;

3. Nonconforming structures and non-conforming uses shall be considered abandoned

where such structures or uses are discontinued for more than 12 months; and

4. An individual manufactured home lot in an existing manufactured home park that is

vacated shall not be considered a discontinuance or abandonment of nonconformity.

Replacement manufactured homes shall be placed so as to meet the development

standards in these regulations.

Bakersfield Zoning and Subdivision Bylaw 2017

10.7 VARIANCES TO THE DEVELOPMENT STANDARDS

A. Variances may be granted by the Zoning Board of Adjustment only in accordance with all

criteria in 44 CFR Section 60.6 of the National Flood Insurance Program regulations and

Section 4.7.

B. A variance for development within the River Corridors may be allowed if, based on a

review by VT ANR, it is determined that the proposed development will not obstruct the

establishment and maintenance of fluvial geomorphic equilibrium for the watercourse.

C. Any variance issued in the Special Flood Hazard Area (including Floodway) shall not

increase flood heights, increase susceptibility to flooding or erosion, create additional

threats to public safety or infrastructure (including emergency services during flood

events), or result in extraordinary public expense. All decisions granting a variance shall be

accompanied by a letter from the Zoning Administrator informing the applicant in writing

that the issuance of a variance to construct a structure below the base flood elevation

increases risk to life and property and will result in increased flood insurance premiums up

to amounts as high as $25 for $100 of coverage. Such notification shall be maintained with

a record of all variance actions.

10.8 ADMINISTRATION

A. Application Submission Requirements. Applications for development shall include:

1. Where applicable, a site plan that depicts the proposed development, all water bodies,

Special Flood Hazard Areas, floodways, River Corridors, the shortest horizontal

distance from the proposed development to the top of bank of any stream, any existing

and proposed drainage, any proposed fill, and pre and post development grades, a the

elevation of the proposed lowest floor (as referenced to the same vertical datum as the

elevation on the current Flood Insurance Rate Maps), and any other information

required by the Board of Adjustment to ensure compliance with Section 10.5 and any

other applicable sections of these regulations.

2. A Vermont Agency of Natural Resources Project Review Sheet for the proposal. The

Project Review Sheet shall identify all State and Federal agencies from which permit

approval is required for the proposal, and shall be filed as a required attachment to the

municipal zoning permit application. The identified permits, or letters indicating that

such permits are not required, shall be submitted to the Zoning Administrator and shall

be attached to the zoning permit before work can begin.

B. Referrals

1. Upon receipt of a complete application for a substantial improvement or new

construction, the Zoning Administrator shall submit a copy of the application to the

Vermont Agency of Natural Resources, State National Flood Insurance (NFIP)

Coordinator, in accordance with 24 V.S.A. §4424(D). A zoning permit application

shall not be considered complete, and may only be issued by the Zoning Administrator,

following receipt of comments from the Agency, or the expiration of 30 days from the

date the application was mailed to the Agency, whichever is sooner.

Bakersfield Zoning and Subdivision Bylaw 2017

2. If the applicant is seeking a permit for the alteration or relocation of a watercourse,

copies of the application shall also be submitted to the adjacent communities, the

Stream Alteration Engineer at the Vermont Agency of Natural Resources, and the

Army Corps of Engineers. Copies of such notice shall be provided to the State National

Flood Insurance Program (NFIP) Coordinator at the Vermont Agency of Natural

Resources, Department of Environmental Conservation. A permit may be issued only

following receipt of comments from the Vermont Agency of Natural Resources, or the

expiration of 30 days from the date the application was mailed to the Vermont Agency

of Natural Resources, whichever is sooner. The Zoning Board of Adjustment should

consider comments from the NFIP Coordinator at ANR.

C. Decisions

1. Decisions of the Zoning Board of Adjustment and Zoning Administrator shall be issued

in compliance with Section 2.4.

D. Records

1. The Zoning Administrator shall properly file and maintain a record of all development

located within hazard areas:

a. All permits issued in areas covered by this article;

b. An Elevation Certificate with the as-built elevation (consistent with the datum of the

elevation on the current Flood Insurance Rate Maps for the community) of the

lowest floor, including basement, of all new, substantially improved, or flood

proofed buildings (not including accessory buildings) in the Special Flood Hazard

Area;

c. All flood proofing and other certifications required under this regulation; and,

d. All decisions of the Zoning Board of Adjustment (including variances and

violations) and all supporting findings of fact, conclusions and conditions.

E. Precedence. The provisions of this article shall not in any way impair or remove the

necessity of compliance with any other local, state, or federal laws or regulations. Where

this flood hazard regulation imposes a greater restriction the provisions in this article shall

take precedence.

10.9 CERTIFICATE OF COMPLIANCE

A. All development subject to review under Article 10 shall also be subject to the requirements

in Section 2.6.

10.10 VIOLATION OF FLOOD HAZARD AREA REGULATIONS

A. This article shall be enforced under the requirements of Section 2.4. A copy of the notice of

violation shall be mailed the State NFIP Coordinator.

B. If all appeals have been resolved, but a violation remains, the Zoning Administrator shall

submit a declaration to the Administrator of the NFIP requesting a denial of flood insurance

to the property pursuant to Section 1316 of the National Flood Insurance Act of 1968, as

amended.

Bakersfield Zoning and Subdivision Bylaw 2017

C. Violations of the Required Agricultural Practices shall be enforced under this Section as

violations of these regulations. Such violations shall also be immediately reported to the

Secretary of Agriculture for enforcement under 6 V.S.A. Section 4812.

10.11: FLOOD HAZARD DEFINITIONS

A. Definitions in this section apply only to the Flood Hazard Regulations in this article.

Additional definitions are found in Section 11.

ACCESSORY STRUCTURE: Means a structure which is: 1) detached from and clearly

incidental and subordinate to the principal use of or structure on a lot, 2) located on the same lot

as the principal structure or use, and 3) clearly and customarily related to the principal structure

or use. For residential uses these include, but may not be limited to garages, garden and tool

sheds, and playhouses.

AREA OF SPECIAL FLOOD HAZARD: See special flood hazard area.

BASE FLOOD: The flood having a one percent chance of being equaled or exceeded in any

given year (commonly referred to as the 100-year flood).

BASE FLOOD ELEVATION (BFE): is the elevation of the water surface elevation resulting

from a flood that has a 1 percent chance of equaling or exceeding that level in any given year.

On the Flood Insurance Rate Map the elevation is usually in feet, in relation to the National

Geodetic Vertical Datum of 1929, the North American Vertical Datum of 1988, or other datum

referenced in the Flood Insurance Study report, or the average depth of the base flood, usually

in feet, above the ground surface.

BUFFER: Means an undisturbed area consisting of trees, shrubs, ground cover plants, duff

layer, and generally uneven ground surface that extends a specified distance horizontally across

the surface of the land from the mean water level of an adjacent lake or from the top of the bank

of an adjacent river or stream.

CHANNEL: Means an area that contains continuously or periodic flowing water that is

confined by banks and a streambed.

CHANNEL WIDTH (or bankfull width): is the width of a stream channel when flowing at a

bankfull discharge. The bankfull discharge is the flow of water that first overtops the natural

banks. This flow occurs, on average, about once every 1 to 2 years.

COMMON PLAN OF DEVELOPMENT: Where a structure will be refurbished over a

period of time. Such work might be planned unit by unit.

CRITICAL FACILITIES: Include police stations, fire and rescue facilities, hospitals,

shelters, schools, nursing homes, water supply and waste treatment facilities, and other

structures the community identifies as essential to the health and welfare of the population and

that are especially important following a disaster. For example, the type and location of a

business may raise its status to a Critical Facility, such as a grocery or gas station that survive a

flood and now are the only points for food and gas.

Bakersfield Zoning and Subdivision Bylaw 2017

DEVELOPMENT: Any human-made change to improved or unimproved real estate,

including but not limited to buildings or other structures, mining, dredging, filling, grading,

paving, excavation or drilling operations or storage of equipment or materials.

FILL: Any placed material that changes the natural grade, increases the elevation, or

diminishes the flood storage capacity at the site.

FLOOD: (a) A general and temporary condition of partial or complete inundation of normally

dry land areas from: the overflow of inland or tidal waters; the unusual and rapid accumulation

or runoff of surface waters from any source; and mudslides which are proximately caused by

flooding and are akin to a river of liquid and flowing mud on the surfaces of normally dry land

areas, as when earth is carried by a current of water and deposited along the path of the current.

(b) The collapse or subsidence of land along the shore of a lake or other body of water as a

result of erosion or undermining caused by waves or currents of water exceeding anticipated

cyclical levels or suddenly caused by an unusually high water level in a natural body of water,

accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or

abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in

flooding.

FLOOD INSURANCE RATE MAP (FIRM): An official map of a community, on which the

Federal Insurance Administrator has delineated both the special flood hazard areas and the risk

premium zones applicable to the community. In some communities the hazard boundaries are

available in paper, pdf, or Geographic Information System formats as a Digital Flood Insurance

Rate Map (DFIRM).

FLOOD INSURANCE STUDY: An examination, evaluation and determination of flood

hazards and, if appropriate, the corresponding water surface elevations or an examination,

evaluation and determination of mudslide (i.e., mudflow) and /or flood related erosion hazards.

FLOODPLAIN OR FLOOD-PRONE AREA: Any land area susceptible to being inundated

by water from any source (see definition of “flood”).

FLOOD PROOFING: Any combination of structural and non-structural additions, changes, or

adjustments to structures which reduce or eliminate flood damage to real estate or improved real

property, water and sanitary facilities, structures and their contents.

FLOODWAY: The channel of a river or other watercourse and the adjacent land areas that

must be reserved in order to discharge the base flood without cumulatively increasing the water

surface elevation more than one foot at any point. Please note that where the Special Flood

Hazard Areas have established base flood elevations, the extent of FEMA floodways may be

shown on a separate series of panels.

FLOODWAY, REGULATORY IN TOWN OF BAKERSFIELD: Means the channel of a

river or other watercourse and the adjacent land areas that must be reserved in order to

discharge the base flood without cumulatively increasing the water surface elevation more than

one foot at any point.

FLUVIAL EROSION: Erosion caused by streams and rivers. Fluvial erosion can be

catastrophic when a flood event causes a rapid adjustment of the stream channel size and/or

location.

Bakersfield Zoning and Subdivision Bylaw 2017

FUNCTIONALLY DEPENDENT USE: A use which cannot perform its intended purpose

unless it is located or carried out in close proximity to water.

HAZARD AREAS: The FEMA delineated 100-year flood plain (also referred to as the special

flood hazard area) including the floodway, and the Vermont Agency of Natural Resources

delineated River Corridor.

HISTORIC STRUCTURE: Any structure that is: (a) listed individually in the National

preliminarily determined by the Secretary of the Interior as meeting the requirements for

individual listing on the National Register; (b) certified or preliminarily determined by the

Secretary of the Interior as contributing to the historical significance of a registered historic

district or a district preliminarily determined by the Secretary to qualify as a registered historic

district; (c) individually listed on a state inventory of historic places in states with historic

preservation programs which have been approved by the Secretary of the Interior; or (d)

individually listed on a local inventory of historic places in communities with historic

preservation programs that have been certified either: (i) by an approved state program as

determined by the Secretary of the Interior or (ii) directly by the Secretary of the Interior in

states without approved programs.

LETTER OF MAP AMENDMENT (LOMA): A letter issued by the Federal Emergency

Management Agency officially removing a structure or lot from the flood hazard zone based on

information provided by a certified engineer or surveyor. This is used where structures or lots

are located above the base flood elevation and have been inadvertently included in the mapped

special flood hazard area.

LOWEST FLOOR: The lowest floor of the lowest enclosed area, including basement, except

an unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access

or storage in an area other than a basement area is not considered a building’s lowest floor

provided that such enclosure is not built so as to render the structure in violation of the

applicable non-elevation design requirements of 44 CFR 60.3.

MANUFACTURED HOME: A structure, transportable in one or more sections, which is built

on a permanent chassis and is designed for use with or without a permanent foundation when

attached to the required utilities. The term “manufactured home” does not include a

“recreational vehicle”.

MANUFACTURED HOME PARK OR SUBDIVISION: For development in the Flood

Hazard Area Overlay District, a manufactured home park or subdivision shall mean a parcel

(or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale

and a new manufactured home park or subdivision shall mean a manufactured home park or

subdivision for which the construction of facilities for servicing the lots on which the

manufactured homes are to be affixed (including at a minimum, the installation of utilities, the

construction of streets, and either final site grading or the pouring of concrete pads) is

completed on or after the effective date of the floodplain management regulations adopted by a

community.

NEW CONSTRUCTION: For regulation under these regulations, means structures for which

the start of construction commenced on or after the effective date of the floodplain management

Bakersfield Zoning and Subdivision Bylaw 2017

Figure 10.1: Special Flood

Hazard Area

Figure 10.2: Special Flood

Hazard Area and River Corridor

regulation adopted by the community and includes any subsequent improvements to such

structures.

NONCONFORMING STRUCTURE: Means a structure or part of a structure that does not

conform to the present bylaws but was in conformance with all applicable laws, ordinances, and

regulations prior to the enactment of the present bylaws, including a structure improperly

authorized as a result of error by the administrative officer. Structures that were in violation of

the flood hazard regulations at the time of their creation,

and remain so, remain violations and are not

nonconforming structures.

NONCONFORMING USE: means use of land that

does not conform to the present bylaws but did conform

to all applicable laws, ordinances, and regulations prior

to the enactment of the present bylaws, including a use

improperly authorized as a result of error by the

administrative officer.

NONCONFORMITY: means a nonconforming use,

structure, lot, or parcel.

NON-RESIDENTIAL: Includes, but is not limited to:

small business concerns, churches, schools, nursing

homes, farm buildings (including grain bins and silos),

pool houses, clubhouses, recreational buildings,

government buildings, mercantile structures, agricultural

and industrial structures, and warehouses.

NONSUBSTANTIAL IMPROVEMENT: Any repairs,

reconstruction, or improvement of a structure (other than

customary maintenance), the cost of which is less than

fifty (50) percent of the market value of the existing

structure.

RECREATIONAL VEHICLE: A vehicle which is: (a)

Built on a single chassis; (b) 400 square feet or less when

measured at the largest horizontal projection; (c)

Designed to be self-propelled or permanently towable by

a light duty truck; and (d) Designed primarily not for use

as a permanent dwelling but as a temporary living

quarters for recreational, camping, travel, or seasonal use.

RIVER CORRIDOR: Means the land area adjacent to a

river that is required to accommodate the dimensions,

slope, planform, and buffer of the naturally stable channel

and that is necessary for the natural maintenance or

natural restoration of a dynamic equilibrium condition, as

that term is defined in 10 V.S.A. §1422, and for

Bakersfield Zoning and Subdivision Bylaw 2017

minimization of fluvial erosion hazards, as delineated by the Agency in accordance with the

ANR River Corridor Protection Guide.

SPECIAL FLOOD HAZARD AREA: The floodplain within a community subject to a 1

percent or greater chance of flooding in any given year. For purposes of these regulations, the

term “area of special flood hazard” is synonymous in meaning with the phrase “special flood

hazard area”. This area is usually labeled Zone A, AO, AH, AE, or A1-30 in the most current

flood insurance studies and on the maps published by the Federal Emergency Management

Agency. Maps of this area are available for viewing in the town office or online from the FEMA

Map Service Center: msc.fema.gov. Base flood elevations have not been determined in Zone A

where the flood risk has been mapped by approximate methods. Base flood elevations are

shown at selected intervals on maps of Special Flood Hazard Areas that are determined by

detailed methods. Please note, where floodways have been determined they may be shown on

separate map panels from the Flood Insurance Rate Maps.

START OF CONSTRUCTION: Includes substantial improvement, and means the date the

zoning permit was issued provided the actual start of construction, repair, reconstruction,

rehabilitation, addition placement, or other improvement was within 180 days of the permit

date. The actual start means either the first placement of permanent construction of a structure

on a site, such as the pouring of slab or footings, the installation of piles, the construction of

columns, or any work beyond the stage of excavation; or the placement of a manufactured home

on a foundation. Permanent construction does not include land preparation, such as clearing,

grading and filling; nor does it include the installation of streets and/or walkways; nor does it

include excavation for a basement, footing, piers, or foundations or the erection of temporary

forms; nor does it include the installation on the property of accessory buildings, such as

garages or sheds not occupied as dwelling units or not part of the main structure. For a

substantial improvement, the actual start of construction means the first alteration of any wall,

ceiling, floor, or other structural part of a building, regardless whether that alteration affects the

external dimensions of the building.

STRUCTURE: A walled and roofed building, as well as a manufactured home, and any related

built systems, including a gas or liquid storage tanks.

SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost

of restoring the structure to its before-damaged conditions would equal or exceed 50 percent of

the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT: Any reconstruction, rehabilitation, addition, or other

improvement of a structure after the date of adoption of these regulations, the cost of which,

over three years, or over a the period of a common plan of development, cumulatively equals or

exceeds 50 percent of the market value of the structure before the “start of construction” of the

improvement. This term includes structures which have incurred “substantial damage”,

regardless of the actual repair work performed. The term does not, however, include either: (a)

Any project for improvement of a structure to correct existing violations of state or local health,

sanitary, or safety code specification which have been identified by the local code enforcement

official and which are the minimum necessary to assure safe living conditions or (b) Any

alteration of a “historic structure”, provided that the alteration will not preclude the structure’s

continued designation as a “historic structure.”

Bakersfield Zoning and Subdivision Bylaw 2017

Figure 10.3: Top of Bank and

Top of Slope

TOP OF BANK: Means that vertical point along a stream bank where an abrupt change in

slope is evident. For streams in wider valleys it is the point where the stream is generally able to

overflow the banks and enter the floodplain. For steep and narrow valleys, it will generally be

the same as the top of slope.

VIOLATION: The failure of a structure or other development to be fully compliant with these

regulations. A structure or other development without the elevation certificate, other

certifications, or other evidence of compliance required in 44 CFR 60.3 is presumed to be in

violation until such time as that documentation is provided.

Relatively Flat Channel

Steep Channel

Bakersfield Zoning and Subdivision Bylaw 2017

ARTICLE 11 DEFINITIONS

A. Definitions contained in Title 24, Chapter 117, Vermont Statutes Annotated, shall be

applicable throughout these regulations. When not inconsistent with the context, words used

in the present tense include the future, and words in plural number include the singular

number, and words in the singular number include the plural number. The word “shall” is

mandatory and not merely directory. The word “person” includes a firm, association,

corporation, partnership, company or other organization, as well as an individual. The word

“lot” includes the words parcel or plot. The words “used” or “occupied” include the words

intended, designed, or arranged to be used or occupied.

ACCESSORY DWELLING: A separate, complete dwelling unit composed of an efficiency

or one-bedroom apartment that is clearly subordinate to a single-family dwelling, and has

facilities and provisions for independent living, including sleeping, food preparation, and

sanitation, and which the title is inseparable from the primary single-family dwelling. This

definition shall include accessory units as defined under the Act [Section 4412.E].

ACCESSORY STRUCTURE: A structure, the use of which is incidental and subordinate to

the principal use or structure and is located on the same lot. Examples of accessory structures

include patios, permanent swimming pools, unattached garages, tool sheds, workshops,

unattached decks and gazebos, boathouses, and docks. See also Accessory Dwelling, Accessory

Use.

ACCESSORY USE: A use, which is incidental and subordinate to a principal use located on

the same lot.

ACRE: An area of land equal to 43,560 square feet.

ACT: Title 24 Vermont Statutes, Chapter 117, Vermont Municipal and Regional Planning and

Development Act.

AFFORDABLE HOUSING (Statutory Definition, 24 V.S.A. § 4303(1)): Either of the

following:

1. Housing that is owned by its inhabitants, whose gross annual household income does

not exceed 80 percent of the county median income, as defined by the United States

Department of Housing and Urban Development, and the total annual cost of the

housing, including principal, interest, taxes and insurance, is not more than 30

percent of the household’s gross annual income, or

2. Housing that is rented by its inhabitants whose gross annual household income does

not exceed 80 percent of the county median income, as defined by the United States

Department of Housing and Urban Development, and the total annual cost of the

housing, including rent, utilities, and condominium association fees, is not more than

30 percent of the household’s gross annual income.

Affordable housing units shall be considered perpetual if they are owned or controlled by a non-

profit organization organized for the purpose of providing affordable housing.

Bakersfield Zoning and Subdivision Bylaw 2017

AGRICULTURAL USE: Use that includes cultivating the soil and producing crops or raising

livestock for the purpose of economic gain, including the sale of farm crops, horticultural

products, or livestock products raised on the property, and any use that meets the Required

Agriculture Practices (RAPs) definition of a farm. Agricultural use does not include silvicultural

use.

ALTERATIONS: As applying to a building or structure, a change or rearrangement in the

structural parts or in the exit facilities, or an enlargement whether by extending on a side or by

increasing the height.

BED AND BREAKFAST: Overnight accommodations and a morning meal provided in a

dwelling unit for compensation. A Bed and Breakfast in which the owner lives on the premises

and accommodates guests in three or fewer bedrooms shall be regulated as a home occupation.

A facility providing five or more bedrooms shall be regulated as a hotel/motel.

BUILDING: A structure used for the shelter or accommodation of persons, animals, goods, or

equipment, which has a roof supported by columns or walls.

BUILDING BULK: The visual and physical mass of a building or structure; including the

size, height, shape, location and relationship of a building or structure to adjoining structures,

open areas, and building, street, and lot lines.

BUILDING ENVELOPE: A specific area delineated on a lot within which all structures shall

be located, and outside of which no structures shall be located.

BUSINESS SERVICES: Includes bank, consulting firm, insurance or real estate agency,

barbershop, beauty parlor, laundry, photographic studio, and similar establishments providing

services (not goods of manufacture) to individuals, institutions, farms, industries or other

business, where such professional offices or personal service establishments do not qualify as

home occupation.

CAMP: A permanent structure with no foundation, taxable by the Town, containing no

plumbing, intended for part-time occupancy, for the purposes of vacationing, hunting, or

recreation.

CAMPGROUND: A place or business providing tenting or recreational vehicle

accommodations for commercial purposes, including travel parks and the like.

CERTIFICATE OF COMPLIANCE: A certificate issued by the Zoning Administrator

allowing the occupancy or use of a building and certifying that the structure or use has been

constructed and will be used in compliance with all applicable municipal bylaws.

CHILD CARE HOME (Statutory Definition, 33 V.S.A. § 4902(3)(A)): A state registered or

licensed child care business serving 6 or fewer children on a full time basis and up to 4

additional children on a part time basis, conducted within a single family dwelling by a resident

of that dwelling.

CHILD CARE FACILITY: A state registered or licensed establishment operated as a business

or service on a regular or continuous basis, whether for compensation or not, with a

primary function of protection, care, and supervision of children.

Bakersfield Zoning and Subdivision Bylaw 2017

CLEARING: The removal of vegetation as part of site preparation, including the installation

of driveways, septic systems, building sites and construction or yard areas.

CLUB: A building, or use, catering exclusively to members and their guests for recreational,

educational, civic, religious, fraternal, or other nonprofit purposes.

COMMERCIAL: Of, or pertaining to, an activity involving the provision of facilities, goods or

services (other than for municipal, State or Federal Governments) to others in exchange for

payment of a purchase price, fee, contribution, other object, or consideration having value.

COMMERCIAL REPAIR OF VEHICLES: Repair of motorized vehicles for other persons

for any consideration and the purchase, rehabilitation, and sale of motorized vehicles for the

purpose of producing income.

COMMERCIAL WATER EXTRACTION: The extraction, collection, storage, and transport

of groundwater from one or more wells or springs by means of pipelines, channels, trucking or

other similar mechanisms, for the bulk wholesale or retail sale of potable drinking water.

Exempted from this definition will be public water supply systems and systems designed to

provide primary water supply to residential developments.

CONSERVATION EASEMENT: A legal interest in real property imposing limitations on

future use and development for the purpose of protecting natural, scenic or open space values of

said property, and/or maintaining its availability for agricultural, silvicultural, recreational or

open space uses.

CONTRACTOR’S YARD: A business, which operates out of a yard with indoor and/or

outdoor storage of materials, equipment and vehicles, with the majority of the business activity,

taking place off-site. Customary accessory structures and/or uses may include a small office,

storage and maintenance areas for equipment and vehicles.

CONSTRUCTION: Exterior substantial additions to existing structures or new assembly or

placement of a structure on a site, including related site preparations, excavation and grading.

DEVELOPMENT: See Land Development.

DWELLING: A building designed or used as the seasonal or permanent living quarters for one

or more families (includes camps). For purposes of this definition a family shall mean one or

more persons living as a household (dwelling) unit, but not including individuals or groups

occupying rooming or boarding houses, camps, clubs, motels, or hotels.

DWELLING, MULTI-FAMILY: A residential building on a single lot containing three or

more dwelling units.

DWELLING, SINGLE-FAMILY: A building containing one dwelling unit and that is not

attached to any other dwelling by any means.

DWELLING, TWO-FAMILY: A building on a single lot containing two dwelling units.

Bakersfield Zoning and Subdivision Bylaw 2017

DWELLING UNIT: One or more rooms designed, occupied, or intended for occupancy as

separate living quarters, with cooking, sleeping, and sanitary facilities provided within the

dwelling unit for the exclusive use of a single family or individual maintaining a household.

EARTH RESOURCE EXTRACTION Any land alteration or excavation which involves the

moving or extraction of sand, gravel, topsoil, loam, sod, landfill, or similar substance for

commercial purposes, except when incidental to or in connection with the construction of a

building. Mining is considered earth resource extraction. Common agricultural tillage, ground

care, gardening, and excavation in cemeteries are not included in this definition and shall be

exempt from these regulations.

EXCAVATION: Any breaking of ground and extraction or movement of earth or rock, or any

alteration of existing drainage patterns that substantially affects adjacent properties. Common

agricultural tillage, ground care, gardening, and excavation in cemeteries are not included in this

definition and shall be exempt from these regulations.

FENCE: A constructed barrier of any material or combination of materials erected to enclose,

screen, or separate areas.

FORCE MAJEURE: An event or effect that cannot be reasonably anticipated or controlled,

such as an accident or natural disaster including, but not limited to, a fire or flood.

FRONTAGE: The boundary of a lot on an improved street, road, right-of-way, or other legally

approved access. For purposes of these regulations, required frontage shall be the access to the

property, lot, or parcel.

GAS STATION: Any building, land area or other premises or portion thereof used or intended

to be used for the retail dispensing or sales of vehicular fuels; and including as an accessory use

the sale or installation of lubricants, tires, batteries, and similar accessories (see Section 6.6).

GROUP HOME OR RESIDENTIAL CARE HOME: A residential facility operated under

state licensing or registration, serving not more than eight persons who have a handicap or

disability as defined in 9 V.S.A. § 4501. Group homes shall be considered by right to constitute

a permitted single-family residential use of property in accordance with 24 VSA 4412(1)(G).

HAZARDOUS MATERIALS: Any material or combination of materials that may be

explosive, flammable, toxic, acidic, corrosive, etiologic agent, caustic, pathogenic, or

radioactive in either liquid, solid, or gaseous form, or when acted upon by heat or radioactivity

may become hazardous. any material when present in sufficient quantity or combination which

may be reasonably assumed to constitute a peril for health and safety of employees, nearby

residents, emergency personnel, and others who may be exposed to them.

HEIGHT: As applied to a structure, the vertical distance measured from the finished grade to

the peak of the roof. Where a structure is located on sloping terrain, the height may be measured

from the average natural grade along the wall of the structure.

Bakersfield Zoning and Subdivision Bylaw 2017

Figure 11.1 – Measuring Height

HOME OCCUPATION: An occupation carried on in a principal, or accessory, residential

structure, which is customarily incidental and secondary to the use of the premises for dwelling

purposes, and that does not substantially alter the character of the dwelling or the neighborhood.

HOTEL/MOTEL: A building, or buildings, containing five or more units that are rented (for

commercial purposes) as sleeping units for transients, each unit consisting of at least a bedroom

and a bathroom. Included are hotels, motels, tourist courts, cabins, motor lodges, and the like.

INDOOR RECREATION FACILITY: A building or structure designed, equipped and used

for sports, leisure time, and other recreational activities and that operates as a commercial use.

Such use may include, but is not limited to bowling alleys, theaters, indoor skating rinks,

gymnasiums, indoor swimming pools, and indoor tennis courts.

INTERESTED PERSON: Under the Act [§ 4465(b)], an interested person includes any of the

following:

1. The Town of Bakersfield or an adjoining municipality.

2. A person owning or occupying property in the immediate neighborhood of a property

which is the subject of a decision or act taken under these regulations, who can

demonstrate a physical or environmental impact on the person’s interest under the

criteria reviewed, and who alleges that the decision or act, if confirmed, will not be in

accord with the policies, purposes or terms of the plan or regulations of the municipality.

3. Any ten (10) voters or property owners within the municipality who, by signed petition

to the appropriate town board, allege that any relief requested by a person under this

section, if granted, will not be in compliance with the policies, purposes or terms of the

plan or regulations of the municipality.

Bakersfield Zoning and Subdivision Bylaw 2017

4. Any department or administrative subdivision of the state owning property or any

interest therein within the municipality or adjoining municipality, and the Vermont

Agency of Commerce and Community Development.

JUNK: Old or scrap copper, brass, iron, steel, and other old or scrap or nonferrous material,

including rope, rags, batteries, glass, rubber debris, waste, trash, or any discarded, dismantled,

wrecked, scrapped, or ruined motor vehicles or parts thereof.

JUNK MOTOR VEHICLE: A discarded, dismantled, wrecked, scrapped, or ruined motor

vehicle or parts thereof, or a motor vehicle, other than an on-premise utility vehicle, which is

allowed to remain unregistered or uninspected for a period of 90 days from the date of

discovery.

LAND DEVELOPMENT: 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; any mining, excavation or landfill; or any change in the use of any building or

other structure or extension of use of land.

LIGHT INDUSTRY: The processing, warehousing, or fabrication of certain materials and

products where no process involved produces noise, vibration, odor, air pollution, fire hazard or

noxious emission that disturbs or endanger neighboring properties. Included are manufacture of

apparel, printed materials, electrical components, or home appliances and similar industries.

LOT: A parcel of land under single or joint ownership, the boundaries of which are: 1) legally

established by a deed or deeds recorded in the land records of the Town of Bakersfield; or 2)

shown on a plat approved by the Bakersfield Planning Commission. A public or private right-

of-way that divides a lot shall not create a subdivision.

MAJOR SUBDIVISION: The subdivision of a single lot into three (3) or more lots or a

planned unit development (PUD).

MINERAL OR GAS EXPLORATION: For the purposes of these regulations, mineral or gas

exploration shall mean any land alteration undertaken by a person or firm in search of oil, gas,

or minerals. Alterations include drilling pad installation, site clearing, access road

improvements or construction, etc. Exploration efforts that do not significantly alter the land

and that do not pose potential nuisances to adjoining properties are excluded. Included in this

category are boundary survey work, and the like.

MINIMUM LOT SIZE: The smallest lot area on which any land may be subdivided in

conformance with all other provisions of these regulations.

MINOR SUBDIVISION: The subdivision of a single lot into 2 lots or boundary line

adjustments.

MIXED USE: A building or parcel containing two or more uses, which are otherwise allowed

as permitted or conditional uses within the district in which the building or parcel is located.

MOBILE HOME (Statutory Definition, 10 V.S.A. § 6201(1)): A structure or type of

manufactured home that is built on a permanent chassis and is designed to be used as a dwelling

Bakersfield Zoning and Subdivision Bylaw 2017

with or without a permanent foundation, includes plumbing, heating, cooling, and electrical

systems, and is:

1. transportable in one or more sections; and

2. at least eight feet wide or 40 feet long or when erected has at least 320 square feet or if

the structure was constructed prior to June 15, 1976, at least eight feet wide or 32 feet

long; or

3. any structure that meets all the requirements of this subdivision except for size and for

which the manufacturer voluntarily files a certification required by the U.S. Department

of Housing and Urban Development and complies with the standards established under

Title 42 of the U.S. Code.

Pursuant to 24 V.S.A. § 4412 (1)(B), no bylaw shall have the effect of excluding mobile homes,

except under the same terms and conditions as conventional housing is excluded.

MOBILE HOME PARK: Any parcel of land under a single or common ownership or control,

which is used to accommodate three or more mobile homes, but not including a premises used

solely for the display or sales of mobile homes.

MOTOR VEHICLE SERVICE AND REPAIR: An establishment providing servicing or

repair of automobiles, trucks, farm and construction equipment, or other motorized vehicles,

including body shops, vehicle repair shops, and mobile home and camping vehicle service

establishments.

NONCONFORMING LOTS OR PARCELS (Statutory Definition, 24 V.S.A. § 4303(13)):

Lots or parcels that do not conform to the present Bylaw covering dimensional requirements but

were in conformance with all applicable laws, ordinances, and regulations prior to the

enactment of the present Bylaw, including a lot or parcel improperly authorized as a result of

error by the Zoning Administrator.

NONCONFORMING STRUCTURE (Statutory Definition,24 V.S.A. § 4303(14)): A

structure or part of a structure that does not conform to the present Bylaw but was in

conformance with all applicable laws, ordinances, and regulations prior to the enactment of the

present Bylaw, including a structure improperly authorized as a result of error by the Zoning

Administrator.

NONCONFORMING USE (Statutory Definition, 24 V.S.A. § 4303(15)): Use of land that

does not conform to the present Bylaw but did conform to all applicable laws, ordinances, and

regulations prior to the enactment of the present Bylaw, including a use improperly authorized

as a result of error by the Zoning Administrator.

OPEN SPACE: Land not occupied by structures, buildings, wastewater system, roads, rights-

of-way, recreational facilities, and parking lots. Open space may or may not be held in

common.

OUTDOOR RECREATION: The organized, or unorganized, use of fields, trails, bodies of

water, or other land for recreational purposes. Permitted structures and facilities used for

outdoor recreation may include outdoor swimming pools, outdoor tennis courts, outdoor skating

rinks, playground equipment, storage and accessory buildings, and similar structures.

Bakersfield Zoning and Subdivision Bylaw 2017

OUTDOOR RECREATION FACILITY: A structure of facility used for outdoor recreation,

as defined above.

OVERLAY DISTRICT: A zoning district that encompasses one or more underlying zonings

and that imposes additional requirements that required by the underlying zone.

PARCEL: Any contiguous land owned or controlled by single ownership. Tracts or lots of land

owned that have in common one or more points on any boundary or that are divided only by

easement or interests consisting of less than fee simple ownership shall be deemed to be

contiguous land for purposes of these regulations, except that:

1. Tracts or lots of land that are divided by State or municipal highway rights-of-way or

surface waters with a drainage area greater than 10 square miles shall not be deemed

contiguous;

2. Tracts or lots of land that were acquired by their owners with the same boundaries with

which they are to be conveyed shall not be deemed contiguous to any other parcel

owned by that person, so long as they conform to the requirements for the district in

which they are located; and

3. A subdivision that is created by State or municipal condemnation for highway or utility

construction shall not require a permit.

PARKING SPACE: An off-street area of not less than one hundred and fifty (150) square feet

exclusive of loading, access, and maneuvering areas, landscaped areas, etc. to be used

exclusively as a temporary storage space for one motor vehicle at a time.

PLACE OF WORSHIP: A building where persons regularly assemble for religious worship

and which is maintained and controlled by a religious body organized to sustain public worship,

together with all accessory structures and uses customarily associated with such primary

purpose. Includes synagogue, temple, mosque, or other such place for worship and religious

activities as well as convents and parish houses.

PLANNED UNIT DEVELOPMENT: (Statutory Definition, 24 V.S.A. § 4303(19)): One or

more lots, tracts, or parcels of land to be developed as a single entity, the plan for which may

propose any authorized combination of density or intensity transfers or increases, as well as the

mixing of land uses. This plan, as authorized, may deviate from bylaw requirements that are

otherwise applicable to the area in which it is located with respect to lot size, bulk, or type of

dwelling or building, use, density, intensity, lot coverage, parking, required common open

space, or other standards.

PLAT: A survey map including all the information required and prepared for filing with the

Town Clerk that meets the requirements of Section 7.4 and Title 27 V.S.A .Chapter 17.

PRE-EXISTING SMALL LOT: Any lot in existence on the effective date of these

regulations that is not conforming to the applicable district requirements with respect to

minimum lot size and frontage.

PRIMARY CONSERVATION RESOURCE: Steep slopes greater than 25% grade, wetlands,

and special flood hazard area.

Bakersfield Zoning and Subdivision Bylaw 2017

PRINCIPAL STRUCTURE: A structure, or a group of structures, in or on which is conducted

the principal use(s) of the lot.

PRINCIPAL USE: A use directly involved with the primary purpose of ownership of a

particular lot.

PUBLIC FACILITIES: Those facilities provided for and/or available to the residents of the

Town including facilities in use by any municipal, State or Federal Government, public utility,

or other quasi-public institution, such as buildings, correctional institutions, power generation

facilities, electric, gas, oil and similar transmission facilities, water supply and sewage treatment

facilities, fire protection and police protection, and including public and private schools or other

educational institutions (see 24 V.S.A. 4413).

RESTAURANT: An establishment whose principle business is the sale of food, or beverages

prepared on the premises, either for consumption within the restaurant buildings, or for taking

out. Included are fast food establishments, delicatessens, diners, snack bars, and the like.

RETAIL ESTABLISHMENT: Includes shops and stores for the sale of retail goods, such as

grocery, hardware and general stores; and small repair shops, agricultural supply stores, farm

co-operatives, nurseries, and so forth. “Retail Establishment” shall also include the sale of

motor fuels, lubricants and minor related motor vehicle products, but is distinguished from

major vehicle sales & service.

ROAD: A road or street and associated right-of-way serving 3 or more lots which is

constructed within the boundaries of an officially deeded or dedicated private right-of-way or an

officially deeded or dedicated and accepted public right-of-way.

ROOMING HOUSE/ BOARDING HOUSE A building, residential in character, where more

than two persons are supplied with and charged for sleeping accommodations or meals, or both,

for a fixed period of time, and not to exceed five (5) rental units (rooms). More than five rental

units will be considered a hotel or motel.

SALVAGE YARD: Any place of outdoor storage or deposit for storing, keeping, processing,

buying, or selling junk or as a scrap metal processing facility. "Salvage yard" also means any

outdoor area used for operation of an automobile graveyard. It does not mean a garage where

wrecked or disabled motor vehicles are stored for less than 90 days for inspection or repairs.

SENIOR HOUSING: A development of one or more dwelling units in detached or multi-unit

structures on the same lot under common ownership that is dedicated as a housing for persons

55 years of age or older, and/or disabled persons, and includes legal covenants or restrictions

designed to ensure the occupancy of such structures by persons 55 years of age or older and

disabled persons.

SETBACK: The perpendicular distance from a road, lot line, boundary or other delineated

feature (e.g., a stream bank or channel, shoreline, or wetland area), to the nearest part of a

building, structure, or parking area on the premises. In the case of a public or private highway,

the distance shall be measured from the center line of the highway right-of-way.

Bakersfield Zoning and Subdivision Bylaw 2017

SIGN: Any display or representation used, or placed, as an announcement, direction, or

advertisement. The word “placed” for purposes of this definition shall include erected,

constructed, or otherwise fastened, fixed, or made visible in any manner whatsoever.

STRUCTURE: Anything constructed, erected, or placed and which requires a fixed location on

the ground in order to be used. Included, in addition to buildings, are signs, silos, garages,

carports, porches, walls, swimming pools, gas or liquid storage tanks, and other outbuildings or

building features. Not included in this definition are sidewalks and temporary docks or floats.

SUBDIVISION: The division of any parcel of land into two or more parcels for the purposes of

sale, conveyance, lease, or development. The term “subdivision” includes resubdivision

involving the adjustment of boundaries between two or more existing parcels.

SURVEY: A drawing illustrating locations, distances and angles to fully describe lots, parcels,

etc. for recording by a Town Clerk in accordance with all applicable statutes and regulations of

the State of Vermont (Title 27 V.S.A .Chapter 17).

TELECOMMUNICATIONS FACILITY: A support structure which is primarily for

communication or broadcast purposes and which will extend vertically 20 feet, or more, in order

to transmit or receive communication signals for commercial, industrial, municipal, county,

state or other governmental purposes, and associated ancillary facilities that provide access

and/or house equipment.

USE: The specific purpose for which land or a building is arranged, designed, intended or

occupied.

VIOLATION: The failure of any land development or subdivision to be fully compliant with

these regulations, including the standards for the Flood Hazard Overlay District in Section

3.3(F).

WASTE HANDLING AND STORAGE FACILITY: Any parcel, subdivision, lot, or

development used for the purpose of collection, transfer, or storage (for any period of time) of

refuse, garbage, or wastes of any type, regardless of how contained. Refer to Section 1.7 for

limitations on local zoning in regard to regional solid waste and hazardous management

facilities.

YARD: An open space abutting all year-round streams and property lines of a lot, unoccupied

by a structure except as otherwise provided in these regulations. The required dimensions of

yards shall be determined in the same manner as the setback (see “Setback” definition); distance

between the “building surface” and lot lines, or year-round streams.

Bakersfield Zoning and Subdivision Bylaw 2017

ARTICLE 12 INDEX

Accessory Dwelling, 39

Accessory Use, 25

Agriculture, 62, 64, 66, 71, 91

Appeal, 8, 9, 10, 13, 14, 28

Bicycle, 66

Boundary Line Adjustment, 50, 93

Bridge, 26

Building Envelope, 66

Combined Review, 12

Community Facilities, 24, 25, 27, 65

Community Services, 25

complaint, 7

Conditional Use, 8, 25, 26, 39, 44, 69

connectivity, 64, 65

curb, 65

Decision, 8, 10, 12, 13, 14, 28, 57, 58

Demolition, 30

Density, 28, 39, 59

Dimensional Standards, 59

Driveway, 65, 66, 67

Dust, 23

Dwelling, 25, 39, 90

easement, 23, 62, 66, 71

Effective Date, 95

emergency service, 25, 65

Energy, 60

enforcement, 8

erosion, 24, 26, 67

erosion control, 24, 67

Excavation, 24, 67, 91

Explosion, 23

Farm, 66

farmland, 66

Fee, 7, 8, 9, 11, 14, 51

Fence, 59, 64, 66, 67

Final Plan, 50

Fire, 23, 65

fire protection, 65

floodplain, 70

forest, 62

forestry, 71

fragmentation, 62, 64, 66, 69

Frontage, 59, 65, 95

Glare, 23, 26

Group Home, 25

Height, 23, 26

highway, 26, 65, 68

Home Occupation, 25

intersection, 26, 64, 65

land development, 10, 23

Landscaping, 24, 26, 60, 68

Major Subdivision, 64, 66, 69

meeting, 10, 57

Minimum Lot Size, 95

Minor Subdivision, 66

minutes, 10

Mixed Use, 44, 45, 69

monuments, 61

natural resources, 59, 69

Noise, 23, 26

Odor, 23

open space, 69, 71

outdoor recreation, 71

Parking, 23, 39, 71

Pedestrian, 23, 26, 65, 66, 69

Performance Bond, 61

Permit Fees, 22

Permitted Use, 39

Phasing, 25

planned unit development, 19, 50

Planning Commission, 23

Preliminary Plan, 57

private roads, 64

Public Facilities, 66

Bakersfield Zoning and Subdivision Bylaw 2017

public hearing, 8, 9, 10, 12, 57, 58

public notice, 8, 9, 10, 11, 12, 13, 14, 57

recreation, 25

Renewable Energy, 26, 28

road, 26, 59, 64, 65, 66, 67, 68, 71

safety, 26, 59, 66, 68

Scenic, 26, 62, 64, 66, 67

School, 25, 27

Screening, 24

sidewalk, 23, 66

Single Family Dwelling, 39, 89

Site Plan, 19, 23, 25, 39, 69

Sketch Plan, 50, 56

slope, 59, 70

Smoke, 23

soil, 26, 66, 67, 68, 70

street, 23, 26, 59, 69

Traffic, 24, 26, 65, 66

Two-Family Dwelling, 68

Utilities, 23, 60, 61, 64, 65, 66, 69, 71

Variance, 8, 11, 24, 27, 28

Vermont Municipal and Regional Planning

and Development Act, 9, 13

view, 8, 9, 26, 39, 44, 70

Village District, 68

violation, 7, 10, 11

Waiver, 24

Wastewater, 60

water quality, 26

wetlands, 23, 59, 70

Zoning Administrator, 89

Zoning District, 16, 25, 28, 29, 39, 59

Zoning Permit, 4, 7, 9, 10, 11, 22, 39

Bakersfield Zoning and Subdivision Bylaw 2017

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ZONING MAP

Bakersfield Zoning and Subdivision Bylaw 2017

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