*Apr. 20 NPA -- Miller Center, 6:45 PM Tom Derenthal will be available to answer questions before and after the meeting. Limited discussion time during at the meeting.
Background:
All development projects in Burlington are required to be in compliance with City ordinances, unless the ordinance is explicitly waived by some permitting body. In addition, certain projects have unique terms and conditions applied as part of the permitting process. Developer moxie varies greatly when it comes to complying with these requirements.
To give the City leverage and encourage developers to follow the rules and agreed to terms of a project, the following ordinance is proposed. This ordinance will enable the DRB to consider prior project compliance when considering a new project.
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The Development Review Board (DRB) shall consider the applicants development history when deciding whether a permit will be granted. The history includes compliance with DRB permit conditions and general compliance with Burlington ordinances on earlier projects. Grounds for permit denial are:
- (a) Noncompliance with this chapter, rules adopted under this chapter, or an order that is issued that relates to this chapter;
- (b) Noncompliance with any outstanding permit or permit condition
- (c) Failure to disclose all relevant and material facts in the application or during the permitting process;
- (d) Misrepresentation of any relevant and material fact at any time;
- (e) Failure to pay a penalty or other sums owed pursuant to, or other failure to comply with, court order, stipulation agreement, schedule of compliance, or other order issued under the City ordinance, City charter or Vermont statutes and related to a permit
The DRB, pending resolution of noncompliance, may stay the issuance of a permit or amendment if it finds, by clear and convincing evidence, that a person who is an applicant:
- (1) is not in compliance with a court order, an administrative order, or an assurance of discontinuance with respect to a violation that is directly related to the activity which is the subject of the application; or
- (2) has one or more current violations of this chapter, or any rules, permits, assurances of discontinuance, court order, or administrative orders related to this chapter, which, when viewed together, constitute substantial noncompliance.
