RE: MBL Associates, Land Use Permit #4C0948-EB (Altered) (Jan. 30, 1996) CASE NO.: 4C0948-EB (Altered) LAWS/REGULATIONS INVOLVED: APPLICANT: MBL Associates 10 V.S.A. Chapter 151 ADDRESS: by Stephen R. Crampton, Esq. (Act 250) Gravel and Shea P.O Box 369 Burlington, Vermont 05402-0369 The Vermont Environmental Board (the Board) hereby issues Land Use Permit #4C0948-EB (Altered) pursuant to the authority vested in it by 10 V.S.A Chapter 151. This permit applies to the lands identified in Book 270, Pages 251-290, of the Land Records of the City of South Burlington, Vermont, as the subject of a deed to MBL Associates (the Permittee) as grantee. This permit authorizes the Permittee to create and construct 161 single-family lots (the Single-Family Lots) and 60 multi-family units (the Multi-Family Units), internal project roads which will become public streets, and related infrastructure, including municipal water and sewer lines (the Project). The Project is to be located on 202 acres of land off Dorset Street in the City of South Burlington, Vermont. It is known as the "Southeast Summit" project. The Permittee, and its assigns and successors in interest, is obliged by this permit to comply with the following conditions: 1. The Project shall be completed, operated and maintained in accordance with: (a) the plans, exhibits, and testimony submitted by the Permittee to the Environmental Board and the District #4 Environmental Commission (the District Commission); (b) Findings of Fact, Conclusions of Law, and Order #4C0948-EB (Altered), issued on the same date as this permit; (c) Findings of Fact and Conclusions of Law and Order #4C0948, issued April 13, 1994 by the District Commission; and (d) the conditions of this permit. No changes shall be made in the project without the written approval of the District Commission. The District Commission retains jurisdiction to ensure compliance. 2. To the extent the Findings of Fact and Conclusions of Law issued by the District Commission in this matter are inconsistent with the Findings of Fact and Conclusions of Law issued by the Board in this matter, the Findings of Fact and Conclusions of Law issued by the Board shall control. 3. This altered permit supersedes Land Use Permit #4C0948 issued on June 20, 1995. Findings of Fact, Conclusions of Law and Order #4C0948-EB (Altered), issued with this altered permit, supersede the Supplemental Findings of Fact, Conclusions of Law, and Order issued by the Board on June 20, 1995, and the Findings of Fact, Conclusions of Law, and Order issued by the Board on May 2, 1995. 4. All stumps shall be disposed of on-site above the seasonal high water table or at a State-approved landfill. 5. The Permittee shall install a sand resting bed under that portion of the proposed force main to be encased in an iron pipe. Such sand resting bed shall be within the iron pipe and shall be sufficient to ensure that the force main will work in accordance with the designed pressure rating of 200 pounds per square inch (psi). 6. The pump which pushes Project sewage through the force main to be encased in iron pipe shall not exceed a maximum pressure of 80 psi. 7. The joints used in connection with the encasement of the force main in the iron pipe shall be restrained joints. 8. The Permittee shall comply with all terms and conditions of Discharge Permit #1- 1169, issued on September 7, 1994 by the Agency of Natural Resources, Department of Environmental Conservation (DEC). 9. The Permittee shall comply with all findings, conclusions, terms, and conditions of Conditional Use Determination #90-111, issued on December 20, 1994 by DEC under the Vermont Wetland Rules. 10. The Permittee shall comply with all terms and conditions of Water Supply and Wastewater Disposal Permit #WW-4-0710, issued on August 4, 1994 by DEC. 11. The Permittee shall comply with all terms and conditions of Subdivision Permit #EC-4-1795, issued on August 4, 1995 by DEC. 12. The Permittee shall comply with all terms and conditions of Public Water System Permit to Construct #E-0335, issued on May 3, 1994 by DEC. 13. The Permittee shall comply with all conditions contained in a letter from the State of Vermont Division for Historic Preservation pertaining to the Project dated March 3, 1994, signed by Eric Gilbertson, and addressed to John Steele. 14. All 127 acres of open space proposed by the Permittee shall remain open, and restricted only to conservation and non-motorized recreational uses. Such open space includes but is not limited to the 48-acre portion of the Project tract located east of Dorset Street, and the 50-acre set-aside to be located west of Dorset Street, between that street and the Single-Family Lots and Multi-Family Units. 15. The price for the first sale of each Single-Family Lot shall not exceed an amount which requires a family, earning the median income for the City of South Burlington, to pay more than 30 percent of income on housing costs. Such price shall be measured in accordance with the median income (as determined by the Chittenden County Regional Planning Commission) for the City of South Burlington at the time of sale and with a standard, 30-year mortgage available at the time of sale. Under this condition, the term "housing costs" includes principal, interest, property taxes, and property insurance. 16. In perpetuity, the price for each sale or rental of each Multi-Family Unit shall comply with the following definition of "affordable housing": Housing is affordable when households with incomes below Chittenden County's median income pay no more than 30 percent of their income on housing costs. Such costs for renters are: rent and utilities (including heat, hot water, trash, and electric). Such costs for homeowners are principal, interest, property taxes, and property insurance. Such price shall be measured in accordance with the median income, as determined by the Chittenden County Regional Planning Commission, at the time of sale or rental. Such sale price shall be measured in accordance with a standard, 30-year mortgage available at the time of sale. 17. Prior to the first sale of any Single-Family Lot or Multi-Family Unit within the Project, the Permittee shall obtain from the District Commission a certificate of compliance under Environmental Board Rule 37 with respect to the construction of all Project improvements to be used in common, or held in common, by the lot and unit owners at the Project, including but not limited to all improvements related to sewage disposal, water, roads, recreation path, and landscaping. a. In filing for such certificate of compliance, the Permittee shall include a copy of the "as-built" drawings for all improvements related to sewage disposal, water, roads, and recreation path. Such "as-built" drawings shall be certified by a registered engineer and approved by the engineer for the City of South Burlington. In filing for such certificate of compliance, the Permittee shall also include a certificate by a registered landscape architect that all landscaping has been installed in compliance with this permit and a copy of the landscape bonds filed with the City, which bonds shall remain in effect for three years beyond the date of planting. In connection with obtaining a certificate of compliance, the Permittee further shall supply the District Commission any information the District Commission deems relevant. b. The issuance of a certificate of compliance under this condition shall apply only to construction and shall not relieve the Permittee or its successors and assigns of the obligation to operate and maintain such improvements in accordance with the conditions of this permit. If the District Commission finds non-compliance, it shall have jurisdiction to decline to issue a certificate with respect to any or all improvements which are not in compliance and instead to issue such additional conditions as it may deem appropriate under 10 V.S.A. § 6086(c) to correct the non-compliance. c. Any certificate of compliance issued under this condition shall be recorded on the land records of the City of South Burlington, at the Permittee's expense. 18. Prior to commencement of construction, the Permittee may submit, and obtain a decision from the District Commission on, modifying Condition 17, above, to accommodate a phasing plan. Such phasing plan shall identify with particularity the lots or units within each phase, and the Project improvements to be used in common, or held in common, by the lot and unit owners at the Project, which are to be constructed as part of that phase. Such improvements include but are not limited to all improvements related to sewage disposal, water, roads, recreation path, and landscaping. On review of the phasing plan, the District Commission may issue an amendment to Condition 17, above, which allows the Permittee to sell lots or units in each phase of the project following receipt of a certificate of compliance for that phase. However, in no other way may the District Commission modify Condition 17. 19. Pursuant to 10 V.S.A. § 6091(b), nonuse of this permit for a period of three years following the date of issuance shall constitute an abandonment of the Project and the permit shall be considered expired. "Nonuse" shall be as defined in 10 V.S.A. § 6091(b). 20. All construction on the Project shall be completed within five years of the date this permit is issued, unless extended by the District Commission. 21. Pursuant to 10 V.S.A. § 6090(b)(1), this permit is issued for an indefinite term, as long as there is compliance with each of the above conditions. Dated at Montpelier, Vermont this 30th day of January, 1996. ENVIRONMENTAL BOARD /s/Arthur Gibb Arthur Gibb, Acting Chair John M. Farmer Samuel Lloyd William Martinez Robert G. Page Anthony Thompson mbl.pmt