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Zoning Regulations - The Town of Hinesburg

Zoning Regulations - The Town of Hinesburg

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<strong>Hinesburg</strong> <strong>Zoning</strong> <strong>Regulations</strong> – October 17, 2011 Article 2(3) <strong>The</strong> control <strong>of</strong> non-native species <strong>of</strong> nuisance plants including Eurasian milfoil, waterchestnut, purple loosestrife and reed grass (Phragmites), where such control is byhand pulling <strong>of</strong> plants or according to a written plan approved by the VermontAgency <strong>of</strong> Natural Resources and under any applicable state law.(4) <strong>The</strong> creation <strong>of</strong> 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 <strong>of</strong> a stream buffer is permitted and encouraged.(5) <strong>The</strong> Development Review Board may provide relief to these requirements for thefollowing encroachments, under conditional use review, if there is no practicalalternative and if the stream buffer function will be addressed through erosioncontrols, plantings, and/or other measures:(a) Clearing <strong>of</strong> vegetation and filling or excavating <strong>of</strong> earth materials, only to theextent directly necessitated for the construction or safe operation <strong>of</strong> an alloweduse outside <strong>of</strong> the stream buffer area.(b) Encroachments necessary for providing for or improving public facilities.(c) Unimproved paths for the purpose <strong>of</strong> public recreation located at least ten (10)feet horizontal distance measured from the top <strong>of</strong> bank.(d) Improved paths for the purpose <strong>of</strong> public recreation located at least fifty (50)feet horizontal distance measured from the top <strong>of</strong> bank.(e) Stormwater treatment facilities meeting the stormwater treatment practicesand sizing criteria set forth in the Vermont Stormwater Management ManualsVolumes I and II as most recently amended.(f) Roadways, access drives, improved & unimproved paths for purposes <strong>of</strong>crossing a stream buffer to gain access to land on the opposite side <strong>of</strong> thebuffer, or for purposes <strong>of</strong> providing safe access to an approved use, in caseswhere there is no feasible alternative for providing safe access.(g) Utility lines, including telephone, cable, sewer and water, to the extentnecessary to cross or encroach into the stream buffer where there is nopractical alternative for providing or extending utility services.(h) Outdoor recreation and education facilities provided that any building orstructure (including parking and driveways) associated with such use islocated outside the stream buffer.(i)Stream restoration projects, including dam removals, in accordance with aplan approved by the Vermont Agency <strong>of</strong> Natural Resources.2.5.3 Setbacks Required: All land development activity, regardless <strong>of</strong> building permitrequirements as defined in section 4.1.1, is required to meet the setback and lot coveragerequirements <strong>of</strong> Table #1 unless a variance or conditional use is granted. Signs and schoolbus shelters shall not be subject to front yard setback restrictions, but shall not be so placed asto create hazardous situations.2.5.4 Setbacks for Restoration <strong>of</strong> Older Structures: Minimum setback requirements listed inTable #1 may be reduced, with conditional use approval, for the reconstruction or restoration<strong>of</strong> appurtenances (e.g., porches) to a structure built before 1940. Such appurtenances shallhave been in existence prior to 1940, and shall be reconstructed or restored in keeping, to theextent practical, with the original/historic outward appearance <strong>of</strong> the structure. See section4.2 for additional conditional use details, application requirements, and standards.- Page 7 -

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