Zoning Regulations - The Town of Hinesburg

Hinesburg Zoning Regulations – October 12, 2009 Article 2shown on the Village Growth Area Stream Setback/Buffer Map. Generally:• LaPlatte River at and downstream of confluence with Canal – 130’ on either side• LaPlatte River and Patrick Brook – 100’ on either side• Streams in developed areas – 25’ on either side (see map for clarification), unlesswaived by the DRB based as described below.• Streams in undeveloped areas – 75’ on either side (see map for clarification)The DRB may, at its discretion, reduce the 25’ setback & buffer area for projects thatadequately address: 1) stormwater runoff control and treatment; 2) water quality preservationor improvement; 3) stream flow and any likely channel migration with no undue adverseimpacts to upstream or downstream properties.For all other zoning districts, all parking lots and structures, including accessory structures,shall be set back a minimum of seventy five (75) feet from the top of bank or top of slope(when a stream channel runs adjacent to a valley wall or high terrace) of any stream or bodyof water with the exception of swimming pools and small artificial ponds covering less than0.5 acres. This requirement shall not apply to docks, boathouses, retaining walls or similarstructures which must be located on the water provided that such structure is not used for thestorage of any substance which would adversely affect water quality. The Developmentreview board may provide relief to stream setbacks to allow for expansion of existing, noncomplyingstructures and improvement of existing parking lots under conditional use reviewprovided that the conditions listed below are satisfied.(1) Water quality and stream values shall be protected.(2) Structures shall not be located in a flood plain.(3) Expansion or improvements do not impact adjoining uses in any manner.2.5.2 Stream Buffer Areas: Stream buffers serve to reduce the impact of stormwater runoff,prevent soil erosion, protect wildlife and fish habitat, and maintain water quality. Within theVillage Growth Area, stream buffer areas shall be established for the same area covered bythe stream setback. Stream buffers shall be promoted through the establishment andprotection of heavily vegetated areas of native vegetation and trees via the followingprovisions:(1) Except as provided below, all lands within a stream buffer shall be left in anundisturbed, vegetated condition.(2) Removal of dead trees or trees of immediate threat to human safety shall be permittedas well as reasonable pruning of existing trees is permitted.(3) The control of non-native species of nuisance plants including Eurasian milfoil, waterchestnut, purple loosestrife and reed grass (Phragmites), where such control is byhand pulling of plants or according to a written plan approved by the VermontAgency of Natural Resources and under any applicable state law.(4) The creation of new lawn areas within stream buffers is not permitted. Propertyowners already encroaching on the stream buffer are encouraged to return these areasto their naturally vegetated state. Supplemental planting with appropriate nativevegetation to restore and enhance the effective filtering and bank stabilizationfunctions of a stream buffer is permitted and encouraged.(5) The Development Review Board may provide relief to these requirements for the- Page 5 -