Ordinance Committee — Burlington, VT
Date: 2026-06-18
Time: 16:30

Thursday, June 18, 2026, 4:30 PM, Bushor Conference Room 1st Floor, City Hall OR
 REMOTELY via ZOOM

When: Jun 18, 2026 04:30 PM Eastern Time (US and Canada)
Topic: Ordinance Committee Meeting

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1. Agenda
  1.1. Motion to amend/adopt agenda

2. Adopt Draft Minutes
  Subject 2.1. Adopt Draft Minutes from June 5
  Meeting June 18, 2026 - Ordinance Committee Meeting Agenda - Thursday, June 18, 2026, 4:30
 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM


  Category 2. Adopt Draft Minutes

  Department Council and Board


  Type
  Recommended Action

3. Public Forum
  Subject 3.1. Verbal Comments
  Meeting June 18, 2026 - Ordinance Committee Meeting Agenda - Thursday, June 18, 2026, 4:30
 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM
  Category 3. Public Forum
  Department Council and Board


  Type

4. Tree Ordinance Initial Discussion (Approx. 20 minutes)
  Subject 4.1. Tree Ordinance Initial Discussion
  Meeting June 18, 2026 - Ordinance Committee Meeting Agenda - Thursday, June 18, 2026, 4:30
 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM


  Category 4. Tree Ordinance Initial Discussion (Approx. 20 minutes)

  Department Council and Board


  Type

  Recommended Action

5. E-Moto Ordinance Discussion (Approx. 50 minutes)
  Subject 5.1. E-Moto Ordinance Discussion
  Meeting June 18, 2026 - Ordinance Committee Meeting Agenda - Thursday, June 18, 2026, 4:30
 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM


  Category 5. E-Moto Ordinance Discussion (Approx. 50 minutes)

  Department Council and Board


  Type

  Recommended Action

  Subject 5.2. E-Moto Age Limit Discussion
  Meeting June 18, 2026 - Ordinance Committee Meeting Agenda - Thursday, June 18, 2026, 4:30
 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM


  Category 5. E-Moto Ordinance Discussion (Approx. 50 minutes)

  Department Council and Board


  Type

  Recommended Action

6. Chapter 26 Industrial Pollution Prevention Program Discussion (Approx. 50
minutes)
  Subject 6.1. Chapter 26 Industrial Pollution Prevention Program Discussion
  Meeting June 18, 2026 - Ordinance Committee Meeting Agenda - Thursday, June 18, 2026, 4:30
 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM


  Category 6. Chapter 26 Industrial Pollution Prevention Program Discussion (Approx. 50 minutes)

  Department Council and Board


  Type

  Recommended Action

7. Any Other Committee Business
  Subject 7.1. Any Other Committee Business
  Meeting June 18, 2026 - Ordinance Committee Meeting Agenda - Thursday, June 18, 2026, 4:30
 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM


  Category 7. Any Other Committee Business

  Department Council and Board


  Type

  Recommended Action

8. Adjournment
  Subject 8.1. Motion to adjourn
  Meeting June 18, 2026 - Ordinance Committee Meeting Agenda - Thursday, June 18, 2026, 4:30
 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM


  Category 8. Adjournment

  Department Council and Board


  Type

  Recommended Action

Thursday, June 18, 2026, 4:30 PM, Bushor Conference Room 1st Floor, City Hall OR
 REMOTELY via ZOOM

When: Jun 18, 2026 04:30 PM Eastern Time (US and Canada)
Topic: Ordinance Committee Meeting

Join from PC, Mac, iPad, or Android:
https://zoom.us/j/94122976604?pwd=McuHBzQfPRHRLY8dq6tMPEkmfggr46.1
Passcode:310286

Phone one-tap:
+16469313860,,94122976604#,,,,*310286# US
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Join via audio:
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Webinar ID: 941 2297 6604
Passcode: 310286
International numbers available: https://zoom.us/u/aOvpo3H8u




1. Agenda
  1.1. Motion to amend/adopt agenda

2. Adopt Draft Minutes
  Subject 2.1. Adopt Draft Minutes from June 5
  Meeting June 18, 2026 - Ordinance Committee Meeting Agenda - Thursday, June 18, 2026, 4:30
 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM


  Category 2. Adopt Draft Minutes

  Department Council and Board


  Type


 Page 1 of 42
  Recommended Action

3. Public Forum
  Subject 3.1. Verbal Comments
  Meeting June 18, 2026 - Ordinance Committee Meeting Agenda - Thursday, June 18, 2026, 4:30
 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM
  Category 3. Public Forum
  Department Council and Board


  Type

4. Tree Ordinance Initial Discussion (Approx. 20 minutes)
  Subject 4.1. Tree Ordinance Initial Discussion
  Meeting June 18, 2026 - Ordinance Committee Meeting Agenda - Thursday, June 18, 2026, 4:30
 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM


  Category 4. Tree Ordinance Initial Discussion (Approx. 20 minutes)

  Department Council and Board


  Type

  Recommended Action

5. E-Moto Ordinance Discussion (Approx. 50 minutes)
  Subject 5.1. E-Moto Ordinance Discussion
  Meeting June 18, 2026 - Ordinance Committee Meeting Agenda - Thursday, June 18, 2026, 4:30
 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM


  Category 5. E-Moto Ordinance Discussion (Approx. 50 minutes)

  Department Council and Board


  Type

  Recommended Action

  Subject 5.2. E-Moto Age Limit Discussion
  Meeting June 18, 2026 - Ordinance Committee Meeting Agenda - Thursday, June 18, 2026, 4:30
 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM


  Category 5. E-Moto Ordinance Discussion (Approx. 50 minutes)

  Department Council and Board


  Type

  Recommended Action

6. Chapter 26 Industrial Pollution Prevention Program Discussion (Approx. 50
minutes)


 Page 2 of 42
  Subject 6.1. Chapter 26 Industrial Pollution Prevention Program Discussion
  Meeting June 18, 2026 - Ordinance Committee Meeting Agenda - Thursday, June 18, 2026, 4:30
 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM


  Category 6. Chapter 26 Industrial Pollution Prevention Program Discussion (Approx. 50 minutes)

  Department Council and Board


  Type

  Recommended Action

7. Any Other Committee Business
  Subject 7.1. Any Other Committee Business
  Meeting June 18, 2026 - Ordinance Committee Meeting Agenda - Thursday, June 18, 2026, 4:30
 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM


  Category 7. Any Other Committee Business

  Department Council and Board


  Type

  Recommended Action

8. Adjournment
  Subject 8.1. Motion to adjourn
  Meeting June 18, 2026 - Ordinance Committee Meeting Agenda - Thursday, June 18, 2026, 4:30
 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM


  Category 8. Adjournment

  Department Council and Board


  Type

  Recommended Action




 Page 3 of 42
 Ordinance Committee
 Friday, June 5, 2026
 Bushor Conference Room, City Hall
 or Remote via Zoom. Burlington, Vermont
 DRAFT MINUTES


Members Present: Councilor Bergman (Chair), Councilor Barlow, Councilor Carpenter (on-
line)
Staff Present: Kim Sturtevant (Assistant City Attorney), Erik Ramakrishnan (Assistant City
Attorney), Mike Schramm (DPW), Caleb Manna (DPW), Phillip Peterson (DPW), Megan Moir
(Water Resources Director), Seth Kuchenbecker (DPW), Amelia McClure (DPW), Eleanor
Walker (DPW), Deputy Chief Jon Young (BPD), Phil Lewis (Parks Director)
Public Present: Sharon Bushor, Jack Evans
Meeting called to order at 2:04 PM.
1. Adopt the Agenda
1.1 Adopt the Agenda
Motion to Adopt Agenda.
Motion by Councilor Barlow, Seconded by Councilor Carpenter.
Final Resolution: Motion Passes
Yes: Unanimous

2. Adopt Draft Minutes
2.1 Adopt Draft Minutes from May 12, 2026
2.2 Adopt Draft Minutes from May 21, 2026
Motion by Councilor Barlow to adopt both the May 12, 2026 and May 21, 2026 minutes,
Seconded by Councilor Carpenter.
Final Resolution: Motion Passes
Yes: Unanimous


3. Public Forum
Sharon Bushor: I have three comments. I hope that staff can find the questions posed by the
Committee in the collaborative session so that members can refer back to them. The
communications sent to the Committee regarding ebikes are from negative encounters. For the
water ordinance, I think the 3 day notice period to make a change should be broadened. I am
also worried about toxins from places that might not appear as industrial, such as garden centers.
4. Ordinance Chapter 26 Industrial Pollution Prevention Program Discussion




 Page 4 of 42
Megan Moir (Water Division Director) gave an overview of the ordinance change. A memo
from Megan Moir is available in the agenda packet on CivicClerk.
Councilor Barlow asked about which industries would be subject to the earliest roll out of this
ordinance change. Megan Moir said that breweries and wastewater treatment plants themselves
both have large volumes of industrial wastewater and would be the first to have the permit
process. After that would be bakeries and other food-related businesses. She added that
businesses that work with metals are permitted through the state.
Megan Moir said that the changes to the connections portion of the ordinance is to minimize
paperwork and not have builders and developers going back and forth between the City and the
State for different permits.
Councilor Carpenter asked if Water Resources had spoken with developers and their consultants.
Megan Moir said she sat in on a state-led study group that did that, but Water Resources will
continue to make the process easier and not necessarily require an engineer to do smaller work
like creating an ADU.
Attorney Ramakrishnan went through the draft ordinance changes. The draft ordinance is
available in the agenda packet on CivicClerk.
Councilor Bergman said he disagrees with the draft ordinance’s delegation of regulation
authority to the Public Works Commission.
Megan Moir responded that the reasoning was that regulation changes are technical documents
and it would be easier for stakeholders to interact and participate in the Commission’s discussion
as opposed to the full City Council. She added that she is not opposed to having the City
Council also do a review.
Councilor Bergman said commissions in the City are appointed in an inherently political process
in the Council and that they can be, at times, a rubber stamp for the departments they advise. He
added that he thinks having a notice period after the Commission’s review during which time the
Council could take up the matter could be a solution.
Councilor Barlow asked if the Public Works Commission has any other responsibilities related to
Water Resources. Megan Moir said no, they are largely advisory. She added that the
Commission is involved in approving borrowing for projects.
Councilor Bergman clarified that he would like the Commission to receive proposed changes to
regulations and do a thorough technical review and give a tentative adoption pending a notice
period when the Council could take up the matter if need be.
Councilor Barlow said he would prefer a longer notice period for regulation changes. All
councilors agreed three days’ notice is insufficient. Councilors posited 30 days as a potential
notice period.
Councilor Bergman said he would to have each rehearing of the regulation change to have a
notice republished.




 Page 5 of 42
Councilor Bergman proposed that lines 33-34 of the draft ordinance be changed to include a 21
day notice period after tentative adoption by the Commission and publication on the City’s
website. During that period the City Council can take up the issue if desired.
5. Motorized Bicycle Ordinance Discussion
Phillip Peterson (DPW Engineer) shared a blurred recent video of e-moto bikes on the bike path.
This video is intentionally not included in the agenda packet.
Philip Peterson said that the e-motos in the video are traveling at roughly 31 MPH on the bike
path and that bikes like these are not ebikes, but instead are motor vehicles that are regulated as
motorcycles.
Phillip Peterson said that the City has already provided the school district with fliers detailing the
penalties for riding e-motos in locations they are not allowed. The Parks Department will be
creating signs with similar information. He added that DPW is looking for direction from the
City Council about allowing non-police officers to issue local tickets for ordinance violations.
Jack Evans (Local Motion) said Local Motion is having a roundtable discussion on this issue.
He continued that they are working with national partners on this and will report back to DPW
and/or the Committee on what they have learned.

Councilor Barlow said that he sees school-age children on a daily basis on these e-motos. He
said that education about this issue is very important and that parents and children may not know
how e-motos are regulated. He said he would like multiple signs along the Bike Path that
educate riders.

Councilor Bergman said that he believes any city official who is authorized to write tickets can
ticket for bicycle ordinance violations, but motor vehicle tickets have to be from a law
enforcement officer. Since e-motos are motor vehicles, there may be a change required for other
officials to issue tickets.

Councilor Barlow said it might be a good idea to have a speed limit or advisory speed limit on
the Greenway. Councilor Bergman said that he isn’t sure the Greenway is a street and if the
Public Works Commission would have authority to implement that change.

Councilor Bergman said that the Bike Path is a park and thus motor vehicles are not allowed.
Changes to Bike Path regulations would be with the Parks Commission.

Phillip Peterson went through the changes that he and DPW will be working on. First, is the
update to Chapter 6-1 to update definitions and add a strict power cap at 28 MPH. Second,
establishing a Bike Path speed limit. Third, authorizing non-police enforcement of these
regulations. Fourth, updating and establishing relevant penalties for the different violations.




 Page 6 of 42
Councilor Carpenter said she would like to get these changes fast-tracked. She said she is
willing to do special meetings to get this done.

5. Any Other Committee Business
Councilors agreed to discuss the Industrial Pollution ordinance and e-motos ordinance at the next
meeting on June 18th at 4:30PM.
6. Adjournment
Motion to adjourn by Councilor Bergman, without objection.
The meeting was adjourned at 4:23PM.




 Page 7 of 42
MEMO
Date: May 21, 2026
To: Conservation Board, Parks Commission, & City Council Ordinance Committee
From: Dan Cahill, City Land Steward, BPRW, Scott Gustin, Principal Planner & Zoning Division Manager
 Dept. of Permitting & Inspections
RE: Updated Vegetation Ordinance

Objective of Memo
 ● Provide context and information about the updated City Vegetation Ordinance to prepare the
 Conservation Board and Parks and Recreation Commission for comment and discussion at the
 June meeting of each respective body.


Background:
The City of Burlington is long overdue in updating its Vegetation Ordinance. Updating the Vegetation
Ordinance has been named as a top priority in at least 3 City Plans (2015 Parks, Recreation and
Waterfront Comprehensive Plan, 2022 Nature Based Climate Solutions Plan, and the recently adopted
2026 Open Space Plan). A working group has been assembled to begin the process of updating the
ordinance. This working group has met many times over the past months and has authored a draft
ordinance.

Members of the working group are:
City Staff Members:
Dan Cahill, City Land Steward
VJ Comai, City Arborist
Scott Gustin, Principal Planner & Zoning Division Manager, P&I
Sophie Sauvé, Parks Planning Division Director
Community Members:
Jacob Holzberg-Pill, Branch Out Burlington
Elise Schadler, Urban & Community Forestry Program Manager, VT Dept. Of Forests, Parks & Recreation

Goals of the Updated Vegetation Ordinance:
 ● Build upon the existing vegetation ordinance that was established decades ago by expanding the
 definitions and importance of protecting Burlington’s vegetation.
 ● Provide clarity around controls and authorities in relation to citywide vegetation with special
 attention to trees and the urban canopy.
 ● Develop tree protection through updated definitions and offsets for tree and vegetation losses.
 ● Strengthen process as it relates to reviews and recommendations of trees and vegetation issues
 by outlining review process and considerations.




 Page 8 of 42
Chapter 29 - VEGETATION



29-1 Planting certain trees prohibited.

No person shall plant or cause to be planted or assist in planting in any of the city parks or streets any
variety of poplar, cottonwood or willow tree.

(Rev. Ords. 1962, § 3916)

29-2 Park commissioners to approve location and manner of planting.

No tree in a street, public park or other city property shall be planted except with the approval, and in
accordance with the rules, of the board of park commissioners, who shall have the power to prescribe
how such trees shall be planted, at what distance apart and of what variety. A tree shall be provided
with supports and guards whenever, in the opinion of the board of park commissioners or its agents,
such supports or guards may be desirable.

(Rev. Ords. 1962, § 3851)

State law reference—Authority to appropriate sum of money to plant trees, 24 V.S.A., § 2507.

29-3 Cutting, pruning or removing trees prohibited; exception.

No person shall cut, prune or remove a tree or shrub in a street, public park or other city property,
except with the approval and consent of the board of park commissioners or of the duly appointed tree
warden or city forester.

(Rev. Ords. 1962, § 3852)

Charter reference—Power of city council to remove or trim trees when necessary, § 48(XXXI).

Cross reference—Authority to remove trees, shrubs or plants from cemetery, § 9-75.

State law reference—Cutting shade trees, 24 V.S.A. § 2508 et seq.

29-4 Removing plants, vines, etc., prohibited.

No person shall take or carry away a plant, flower, vine, vase, pot or other vessel used for flowers or
plants in a street, public park or other city property.

(Rev. Ords. 1962, § 3855)

29-5 Hitching horses or other animals to trees or shrubs prohibited.

No person shall hitch a horse or other animal to a tree, shrub or fence in a street, public park or other
city property, nor leave a horse or other animal untied or tied within reach of such tree, shrub or fence,
nor permit a horse or other animal to injure or deface such tree, shrub or fence.

(Rev. Ords. 1962, § 3853)

29-6 Attaching board, notice, wire, stay or support to tree prohibited.




 Page 9 of 42
No person shall attach a board, card, notice, advertisement, wire, stay or support to a tree in a street,
public park or other city property without the written consent of the board of park commissioners.

(Rev. Ords. 1962, § 3854)

Charter reference—Power of city council to prohibit and punish willful injury to trees, § 48(XXXII).

29-7 Penalty.

A violation of any provision of any provision of this chapter shall be a civil offense punishable by a civil
penalty of from fifty dollars ($50.00) to five hundred dollars ($500.00). The waiver penalty for purposes
of the municipal complaint (civil ticket) shall be fifty dollars ($50.00) for each offense. Each day the
violation continues shall be a separate offense. The superintendent of parks, waterfront manager, city
arborist and all law enforcement officers are authorized to issue a municipal complaint for a violation of
this chapter.

(Ord. of 1-9-95)

Editor’s note—An ordinance of Jan. 9, 1995, added provisions designated as § 29-6. Since there already
existed provisions with that number, the editor has redesignated these new provisions as § 29-7



1

Cross reference—Cemeteries, Ch. 9; parks, Ch. 22.

State law reference—Authority of municipality to provide for location, protection and maintenance of
trees, plants and shrubs, 24 V.S.A. § 2291(3); shade trees generally, 24 V.S.A. § 2502 et seq.




 Page 10 of 42
 Burlington Vegetation Ordinance


 INDEX


Introduction
Section 1 Statement of Purpose
Section 2 Definitions
Section 3 Applicability
Section 4 Jurisdiction
Section 5 Authority of the City Arborist
Section 6 Authority of City Land Steward
Section 7 Protection
Section 9 Obstruction of Streets
Section 10 Tree Planting and Maintenance
Section 11 Penalties and Enforcement
Section 12 Tree Removal




Introduction
 The Burlington Vegetation Ordinance establishes policies,
 regulations and standards necessary to ensure that the City
 maintains the maximum amount of tree and vegetation cover in a
 healthy manner that also mitigates risk to life and property. The
 goal is to establish and maintain diversity in age and species in
 trees that make up our tree canopy, as well as broad diversity in
 the presence of native species of vegetation in our open spaces,
 including but not limited to natural areas, parks, greenbelts, and
 trees and vegetation on private property. Commented [SG1]: As Parks does not have permit review
 capacity, it should likely remain within the CDO. This
 ordinance can be referenced by the CDO.




 Page 11 of 42
City of Burlington – Vegetation Ordinance




 §Section 1. Statement of Purpose.
 1.1. The City of Burlington hereby finds that the preservation of
 existing vegetation and promotion of new plantings in all public
 and private ways and places is a public purpose that protects the
 public health, general welfare, climate resilience and aesthetics of
 City of Burlington for all its citizens.

 §Section 2. Definitions.

 2.1. Area of Disturbance- An area proposed to be disturbed in
 any manner, temporary or permanent, as a result of construction
 activities, plus a buffer zone of 20 feet.

 2.2. Caliper - The diameter of a trunk that is taken six (6) inches
 above the ground.

 2.3. City Arborist - The City of Burlington employee of that same
 title having the primary responsibilities of administration and
 enforcement of the Burlington Vegetation Ordinance applicable to
 the city owned spaces that they manage. Primarily these spaces
 are city ROW and city parks. The City Arborist shall serve as the
 tree warden per VSA 24, Chapter 67.

 2.4. City Land Steward- The City of Burlington employee of that
 same title having the primary responsibilities of administration
 and enforcement of the Burlington Vegetation Ordinance
 applicable to the city owned spaces that they manage. Primarily
 these spaces are natural areas, large and small, in city parks,
 Urban Wilds, and in the City ROW. The City Land Steward shall
 serve as a deputy tree warden per VSA 24, Chapter 67.

 2.5. City right-of-way (ROW) The real property or other legal
 instrument, such as an access easement, associated with
 transportation infrastructure, including but not limited to streets
 and public paths. For the purposes of this ordinance, this term is
 synonymous with “public way” as defined in VSA 24, Chapter 67.

 2.6. Climate Resilience - the ability of communities, ecosystems,
 and businesses to anticipate, absorb, accommodate, or recover
 from the hazardous effects of climate change, such as extreme
 weather, sea-level rise, and droughts.




 1




 Page 12 of 42
City of Burlington – Vegetation Ordinance




 2.7. Conservation Board – The board of the same name as
 included in the Comprehensive Development Ordinance.

 2.8. Critical Root Zone - An area of root space that is within a
 circle circumscribed around the trunk of a healthy tree using a
 radius of 1 foot per inch Diameter at Breast Height (DBH).

 2.9. DBH (diameter at breast height) – standard
 measurement of tree’s diameter taken at breast height,
 (4 ½ feet above the ground)

 2.10. Deputy Tree Warden – The person(s) appointed by the City
 Council per VSA 24, Chapter 67 who has the same authority over
 shade trees as the Tree Warden but who is directed by the Tree
 Warden. See also City Land Steward.

 2.11. Developer – Any landowner, agent of such landowner, or
 tenant with the permission of such landowner who makes or
 causes to be made, development, or who has applied for a zoning
 permit within the jurisdiction of the city. Commented [el2]: more specifics? acreage? multi-unit?


 2.12. Drip Line – The radius of the outermost branches of a tree.

 2.13. Heritage Tree-Any tree on public or private property
 having a 30 inch DBH or greater. See also Specimen Tree in the
 Comprehensive Development Ordinance, Article 13.

 2.14. Natural Area - a designated land or water unit that retains
 its natural character, featuring unique ecological, geological, or
 scenic value, where natural processes are allowed to operate with
 minimal human intervention. These areas are protected to preserve
 biodiversity, rare species, and native ecosystems, often serving as
 sites for scientific study and limited, low-impact recreation

 2.15. Pocket Forest - a small, ultra-dense, and highly biodiverse
 cluster of trees and shrubs planted in a tiny urban or suburban space,
 often no larger than a tennis court

 2.16. Pollinator Garden - a specialized landscape designed to
 support bees, butterflies, moths, and hummingbirds by providing




 2




 Page 13 of 42
City of Burlington – Vegetation Ordinance




 nectar, pollen, and host plants.


 2.17. Public Property – All property owned, leased, or occupied
 by the City or any of its administrative agencies or departments.
 For the purposes of this ordinance, this term is synonymous with
 “public place” as defined in VSA 24, Chapter 67

 2.18. Public Trees – Trees (shrubs and all other woody
 vegetation) on any public property, including park, playground or
 other property owned or controlled by the City of Burlington or
 within any city right-of-way. See also Shade Tree.

 2.19. Rain Garden – Per US EPA, A rain garden is a depressed
 area in the landscape that collects rain water from a roof, driveway
 or street and allows it to soak into the ground.

 2.20. Shade Tree - Per VSA 24, Chapter 67, a shade tree is a shade
 or ornamental tree that is, in whole or in part, within the limits of a
 city ROW or public property, provided the tree was planted by the
 city, or is designated as a shade tree due to its cultural, historical,
 or aesthetic significance to the character of Burlington.

 2.21. Sight Triangle - A sight triangle (or sight distance triangle)
 is an unobstructed, triangular-shaped area at an intersection,
 driveway, or road corner designed to ensure drivers have a clear
 view of traffic, pedestrians, and cyclists. Commented [DC3]: should we note specific site triangle
 rules and zones as noted by other ordinance and code?

 2.22. Treebelt - The area between the sidewalk and the street on Commented [SS4R3]: I think we can refer to them, but
 not repeat them. Section 5.2.6.d. ?
 which trees are planted; or from the curb to the outer edge of the
 city right of way on a given street.


 2.23. - Tree Warden – The person appointed by the City Council
 per VSA 24, Chapter 67 who controls all shade trees within the City
 of Burlington. See also City Arborist.

 2.24. Urban Wild - a category of city-owned parcels managed by
 Burlington Parks, Recreation & Waterfront and deemed as high-
 priority conservation lands. Burlington’s “Urban Wilds” are those
 properties that “provide habitat for rare and endangered plant and




 3




 Page 14 of 42
City of Burlington – Vegetation Ordinance




 animal communities, wetlands and other riparian systems, flood
 plain, unique geological and hydrological features, important
 wildlife habitat and travel corridors, areas important for scientific
 research and education, scenic vistas, trails, passive recreation,
 sustainable forest communities, and cultural features.” The Urban
 Wilds are managed to preserve natural and cultural resources
 unique to the property while encouraging their sustainable and
 compatible enjoyment.

§Section 3. Applicability.
 3.1. The terms and provisions of the Burlington Vegetation
 Ordinance shall apply to all trees and vegetation within the City of
 Burlington, except as otherwise provided herein.

 3.2. Severability
 Should any part or provision of this ordinance be declared by a court
 of competent jurisdiction to be invalid, the same shall not affect the
 validity of the ordinance as a whole or any part thereof other than
 the part held to be invalid.


  §Section 4. Jurisdiction.
 4.1. The City Arborist, along with the City Land Steward shall have
 control of all trees, including but not limited to shade trees, and
 vegetation in any public property within the city limits relative to
 the spaces that they each manage, and shall have the authority to
 plant, maintain, remove, and replace such vegetation.

  §Section 5. The Authority of the City Arborist, City Land Steward,
 and Conservation Board
 5.1. The Director of the Parks, Recreation and Waterfront
 Department may hire persons to be the City Arborist or the City
 Land Steward. It will be the City Arborist's and City Land Steward’s
 responsibility to make recommendations in order to provide care,
 protection, preservation and removal of municipal vegetation specific
 to the public areas managed by each.

 Per VSA 24, Chapter 67, the tree warden (City Arborist) controls all
 shade trees in town and enforces all laws related to shade trees
 and may manage infested or infected trees. The tree warden may
 also make cooperative and financial agreements with other entities




 4




 Page 15 of 42
City of Burlington – Vegetation Ordinance




 and accept funds and resources to effectuate management of the
 town’s urban forest. The deputy tree warden (City Land Steward)
 has the same authority as the tree warden but is directed by the tree
 warden.

  5.2. The Conservation Board shall serve as an advisory board to the City
 Arborist, Land Steward, and in their capacity reviewing zoning
 permit applications, to the Development Review Board. For the
 purposes of this ordinance, duties of the Conservation Board include:
 • Review of zoning permit applications involving tree removal per
 Section 12 of this ordinance.
 • Assist with coordination of Arbor Day celebrations.
 • Review annual goals and objectives prepared by the City Arborist
 and/or Land Steward as to the urban forest.
 • At the request of the City Arborist and/or Land Steward, host
 community discussions as to maintenance of the urban forest.

 5.3. No tree in a public property shall be planted except with the
 approval of the City Arborist or City Land Steward where applicable.
 Each will have the power to prescribe how such trees shall be
 planted, at what distance apart, and what variety. Planted trees will
 be provided with supports and guards whenever in the opinion of the
 City Arborist or Land Steward such supports or guards may be
 desirable.

 5.4. Cutting, pruning, or removing trees and shrubs prohibited.
 No person shall cut, prune, or remove a tree or shrub in a public
 property except with approval and consent of the City Arborist or
 City Land Steward as applicable to the respective public areas
 managed by each.

Section 6. [Hitching horses,] Attaching animals, bikes or any other
objects to trees or shrubs prohibited.
 No person shall [hitch a horse] Attach an animal, or any other object
 such as signs, wires swings, slack lines, hammocks etc. to a tree or
 shrub in a public property without written consent of the City
 Arborist or City Land Steward as applicable.


 §Section 7. Protection.
 7.1. Without written permission from the City Arborist; no person




 5




 Page 16 of 42
City of Burlington – Vegetation Ordinance




 or city agency shall: (1) undertake any development activity Commented [SG5]: This term is defined. Construction is
 (including but not limited to the excavation of any ditches, tunnels, not.

 or trenches or changing the grade (adding or removing soil), and the
 laying of pavement) within the dripline of any public tree or shrub;
 (2) move or park vehicles associated with any construction or
 development activity which may affect any vegetation, including
 trees or shrubs on public property.

 7.2. Root Protection. No person or city agency shall deposit,
 place, store or maintain of the city any stone, brick, sand, concrete
 or other materials which may impede the free passage of water, air
 and fertilizer to the roots on any public tree or shrub within the
 dripline on unpaved surfaces except by written permission of the
 City Arborist or City Land Steward as applicable.

 7.3. Guarding. Guarding during construction or excavation: (1)
 unless the City Arborist or City Land Steward for good cause,
 determines otherwise, all trees or shrubs on any public property
 directly impinging on any excavation or construction of any
 building, structure or street work shall be guarded to protect the
 critical root zone. The critical root zone is the area of root space that
 is within a circle circumscribed around the trunk of a healthy tree
 using a radius of 1 foot per inch diameter at breast height.



 §Section 9. Obstruction of Streets.

9.1. Private Property Pruning. The city shall have the right to prune any
tree or shrub on private property when it interferes with the proper spread
of light along the street from and or interferes with visibility of any traffic
control device, sign, or is impeding views within the site triangle of an
intersection.


 9.2. It shall be the duty of any person owning private property
 bordering on a city ROW to ensure that trees and shrubs on that
 property are pruned in a manner that will not obstruct or shade
 streetlights, obstruct the passage of pedestrians on sidewalks,
 obstruct vision of traffic signs or obstruct views within the sight
 triangle of an intersection. If trees are interfering with utility




 6




 Page 17 of 42
City of Burlington – Vegetation Ordinance




 wires, it is the obligation of the appropriate utility company to
 correct the situation.

 9.3. Property Owner Responsibility. Should any person owning
 private property bordering on any city ROW fail to comply as
 hereinabove provided, the City Arborist or designee shall order the
 owner to take corrective action within fifteen (15) days after receipt
 (certified letter) of written notice. The order requires herein shall
 be served by mailing a copy of it to the last known address of the
 property owner.


 9.4. Removal of Hazardous Conditions. Every owner of any
 tree overhanging any city right-of-way within the City shall remove
 all dead, diseased or dangerous trees, or broken or decayed limbs,
 which poses a threat to safety of the public or other trees.


 9.5. Private Owner Compliance If any person owning real
 property bordering on any city ROW fails to comply as herein above
 provided, the City Arborist or designee shall order the owner to take
 corrective action within fifteen (15) days after the receipt of written
 notice. The order required herein shall be served by mailing a copy
 of it to the last known address of the property owner. In the event
 that required corrective action is not taken by the property owner,
 the City Arborist shall have the authority to undertake the required
 corrective action. In such case, a penalty fee of $500 shall be
 assessed to the property owner.

 for which such permission is given shall be done in accordance with
 the Department of Parks and Recreation’s Urban Forestry Master
 Plan. Commented [SG6]: Not sure where this belongs.



 §Section 10. Tree Planting and Maintenance


 §Section 11. Penalties and Enforcement

 11.1. Penalty. Per VSA XX § 2510. Penalty (a) Whoever shall Commented [SG7]: Need statutory chapter reference.
 willfully mar or deface a shade tree without the written permission




 7




 Page 18 of 42
City of Burlington – Vegetation Ordinance




 of a tree warden or legislative body of the municipality shall be
 fined not more than $50.00 for the use of the municipality. (b) Any
 person who willfully and critically injures or cuts down a shade tree
 without written permission of the tree warden or the legislative
 body of the municipality shall be fined pursuant to 13 V.S.A. § 3602
 for each tree so injured or cut, for the use of the municipality.

 11.2. Parking on sidewalks and treebelts. Motor Vehicles
 &Traffic/Section 20-66 Penalty (B) (3) The penalty for parking on a
 sidewalk or treebelt in violation of this Section shall be twenty-five
 dollars ($25.00). Commented [DC8]: this seems very low
 Commented [el9R8]: Agreed - this should be higher


 11.3. Enforcement. The Tree Warden and Deputy Tree Warden
 have enforcement authority over all shade trees within the City of
 Burlington. Enforcement and appeals processes as to shade trees
 shall be as per VSA 24, Chapter 67. Enforcement as to trees on
 private property shall be per the Comprehensive Development
 Ordinance, as may be applicable.


Section 12. Tree Removal Commented [SG10]: If we utilize the existing permit
 review process, we don’t need to reinvent submission
 requirements here. The central point here is to outline the
12. 1. Shade Trees role of the Conservation Board and to articulate mitigation
 measures.
 (1) The removal of any shade tree shall be subject to the provisions of
 VSA 24, Chapter 67.

12.2. All other Trees
Including, but not limited to, all public trees that are not shade trees and
trees on private or institutional property.

 (1) Application for tree removal requiring a zoning permit per Article 3 of
 the Comprehensive Development Ordinance (CDO) shall require
 review by the Conservation Board who will provide a
 recommendation to the Development Review Board. The application
 plan shall indicate the size, species, and location of all trees to be
 removed.
 (2) Conservation Board review will include consideration of the size,
 species, and location of all trees to be removed and proposed
 mitigation measures.




 8




 Page 19 of 42
City of Burlington – Vegetation Ordinance




 (3) A planting plan illustrating the size, species and location of trees to
 be installed is required, unless other mitigation measures are
 proposed instead. The planting plan shall include a chart
 summarizing sizes of trees to be removed and trees to be planted.
 (4) Removal of heritage trees is strongly discouraged. Commented [SG11]: The rest of the provisions as to
 (5) The Conservation Board shall consult with the City Arborist in its heritage trees are included in this process – can be approved
 or denied by the Conservation Board in consultation with the
 review of the proposed application for compliance with the City Arborist, and if approved, requires mitigation.
 requirements of the city’s tree replacement formula. The
 Conservation Board shall also consider the impact, if any, on all trees
 with a caliper of 6 inches or greater and shall make recommendations
 for the preservation of existing trees and for the species, size, and
 location of new plantings.
 (6) Application plan(s) shall illustrate the location of protective tree fence
 around trees to remain, including details of such. Additionally, the fol
 lowing measures must be addressed by
 the applicant and inspected by the City Arborist prior to the start of
 work or issuance of the permit: Protective tree fence must be installed.
 All trees to be removed and all trees to remain within the area of
 disturbance must be clearly marked at the base of each tree with
 visible nonremovable marking indicating the status of each tree. It is
 recommended that permanent spray paint be used for trees to be
 removed (red) and trees to remain (green).
 (7) Mitigation measures

 (a) Except as provided for in (b) below, new trees shall be planted caliper-
 for-caliper for removed trees. For example, removal of a 20 inch
 caliper tree may be offset with planting five 4 inch caliper trees.
 Replacement trees may be planted onsite or offsite within the City of
 Burlington. Offsite planting shall be subject to Tree Board
 recommendation in consultation with the City Arborist or Land
 Steward,
 (b ) In the event that replanting per (a) above is impractical or
 impossible as determined by the Tree Board, the applicant shall:
 1. Make payment to a designated city tree planting fund in an
 amount determined in accordance with the current Guide for
 Plant Appraisal as reviewed and approved by the City Arborist or
 Land Steward; and/or,
 2. Install green stormwater infrastructure that mitigates the 10-year
 storm event (see City Code of Ordinance, Chapter 26).
 3. Mitigation measures in items (a) and (b) 1 and (b) 2 above may be
 used in whole, or in part, for mitigation of tree removal. For




 9




 Page 20 of 42
City of Burlington – Vegetation Ordinance




 example, mitigation for tree removal can include replanting new
 trees, payment into a planting fund, and/or installation of green
 stormwater infrastructure.




 10




 Page 21 of 42
 CITY OF BURLINGTON
 ORDINANCE ___________
 Sponsor: DPW Commission,
 Ordinance Committee
 Public Hearing Dates: ___________
 In the Year Two Thousand Twenty-Six _____________________________
 First reading: _________________
 Referred to: ___________________
 An Ordinance in Relation to Rules suspended and placed in all
 stages of passage: ______________
 Bicycles and Motor Vehicle Traffic Second reading: ________________
 BCO Secs. 6-1, 3,15, and 18; and Sec. 20-1 Action: ______________________
 Date: ________________________
 Signed by Mayor: ______________
 Published: ____________________
 Effective: _____________________

 It is hereby Ordained by the City Council of the City of Burlington as follows:

 1 That Chapter 6, Bicycles, of the Code of Ordinances of the City of Burlington be and hereby is amended by
 2 amending Article 1, In General, Section 6-1, Definitions; Section 6-3, Riding on sidewalks, bicycle and
 3 pedestrian pathways and in parks; Section 6-15, Dissemination of information; Section, 6-18, Reserved; and
 4 Chapter 20, Motor Vehicles and Traffic, Article 1, In General, Section 20-1, Definitions; thereof to read as
 5 follows:
 6
 7 6-1 Definitions.
 8
 9 Bicycle: As written
10
11 Motor-assisted bicycle: Any bicycle with fully operable pedals and equipped with a motor that in itself is
12 capable of producing a speed of no more than thirty (30) miles per hour on a paved level surface. A motor-
13 assisted bicycle is not a motor vehicle or micromobility device and shall obey all traffic regulations
14 applicable to bicycles, except as otherwise provided by law or other ordinances.
15
16 Electric bicycle: A bicycle equipped with fully operable pedals, two wheels, a saddle or seat for the rider,
17 and an electric motor of less than 750 watts that meets the requirements of one of the following three classes:
18 i. “Class 1 electric bicycle” means an electric bicycle equipped with a motor that provides
19 assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle
20 reaches the speed of twenty (20) miles per hour.
21 ii. “Class 2 electric bicycle” means an electric bicycle equipped with a motor that may be used
22 exclusively to propel the bicycle and that is not capable of providing assistance when the bicycle
23 reaches the speed of twenty (20) miles per hour.
24 iii. “Class 3 electric bicycle” means an electric bicycle equipped with a motor that provides
25 assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle
26 reaches the speed of twenty-eight (28) miles per hour.
27
28 An electric bicycle is not a motor vehicle and shall obey all traffic regulations applicable to bicycles, except
29 as otherwise provided by law, including any provision of this code.
30



 Page 22 of 42
 Page 2
 An Ordinance in Relation to BICYCLES & MOTOR VEHICLE TRAFFIC
 BCO Secs. 6-1, 3,15, and 18; and Sec. 20-1



31 Electric Personal Assistive Mobility Devices (EPAMD): means a self-balancing, two-nontandem-wheeled
32 device, designed to transport only one person, with an electric propulsion system with average power of 750
33 watts (1 h.p.).
34 (1) with front, rear, and side reflectors;
35 (2) with a system that will enable the operator to bring the device to a controlled stop; and
36 (3) if the device is operated between one-half hour after sunset and one-half hour before sunrise, with
37 a lamp emitting a white light that, while the device is in motion, shall illuminate the area in front of
38 the operator.
39
40 Rights and duties of operator. The operator of an EPAMD shall have the rights and duties of pedestrians.
41
42 Motor-assisted bicycle: Any bicycle or tricycle with fully operable pedals and equipped with a motor that in
43 itself is capable of producing a top speed of not more than twenty (20) miles per hour on a paved level
44 surface when ridden by an operator who weighs one hundred seventy (170) pounds and either:
45 I. has an internal combustion motor with a power output of not more than 1,000 watts or 1.3
46 horsepower; or
47 II. has an electric motor with a power output of not more than 1,000 watts and does not meet the
48 requirements of one of the three classes in Electric Bicycles
49 A motor assisted bicycle is not a motor vehicle and shall obey all traffic regulations applicable to bicycles,
50 except as otherwise provided by law, including any provision of this code. A person under sixteen (16) years
51 of age shall not operate a motor-assisted bicycle on a highway in Burlington.
52
53 Motor-assisted micromobility device: Any motor-assisted device for personal transportation. This includes
54 any device with no more than three (3) wheels and a motor that in itself is capable of producing a speed of no
55 more than twenty-five (25) miles per hour on a paved level surface. Motor-assisted micromobility devices
56 are not motor vehicles and shall obey all traffic regulations applicable to motor-assisted bicycles, except as
57 otherwise provided by law or other ordinances.
58
59 Motor-assisted micromobility device: Any motor-assisted, wheeled device for personal single-occupancy
60 transportation that does not have a seat, is designed to be stood upon when riding, and has an electric
61 propulsion system averaging less than 1,000 watts, the maximum speed of which, when powered solely by a
62 propulsion system on a paved level surface, is no more than twenty-five (25) miles per hour. The device may
63 be designed to also be powered by human propulsion. A motor-assisted micromobility device is not a motor
64 vehicle and shall obey all traffic regulations applicable to bicycles, except as otherwise provided by law,
65 including a provision of this code.
66
67 6-2 Parental responsibility. As written.
68
69 6-3 Riding on sidewalks, bicycle and pedestrian pathways and in parks.
70
71 (a) Allowances and restrictions on methods of transportation on public routes are as follows:
72




 Page 23 of 42
 Page 3
 An Ordinance in Relation to BICYCLES & MOTOR VEHICLE TRAFFIC
 BCO Secs. 6-1, 3,15, and 18; and Sec. 20-1



 73 Church Street Marketplace District: Bicycles, electric bicycles, motor assisted micromobility devices, and
 74 motor assisted bicycles are allowed within the Church Street Marketplace District, only within the vehicle
 75 travel portions of Bank, Cherry and College Streets, and the bike lane on Main Street.
 76
 77 Sidewalks within the City Center (bounded by the streets of Pearl Street, South Winooski Avenue, Maple
 78 Street, and Battery Street) except Church Street Marketplace District: Motor-assisted bikes, and motor-
 79 assisted micromobility devices are not allowed. Bicycles and micromobility devices are allowed for
 80 operators of these devices age sixteen (16) and younger, who may use these spaces as dedicated bike
 81 facilities within the City Center.
 82
 83 Notwithstanding anything to the contrary in this subsection, bicycles, electric bicycles, motor‑assisted
 84 bicycles, micromobility devices, and motor‑assisted micromobility devices are allowed upon bike paths, bike
 85 lanes, bicycle and pedestrian pathways, multi‑use paths, shared‑use paths, and in crosswalks. Where a
 86 designated bicycle, micromobility, or multi‑use facility is provided on or adjacent to a sidewalk, users of any
 87 age may operate their device within that designated facility.
 88
 89 (a)(b) It shall be unlawful and shall be a trespass:

 90 (1) For any person over the age of sixteen (16) years to operate a bicycle upon any sidewalk of the
 91 city within the inner fire district City Center; provided that any person age sixteen (16) or under may
 92 use these devices upon sidewalks in the City Center, as indicated in the previous subsection.

 93 (2) For any person of any age to operate a bicycle upon any sidewalk or within any public parking
 94 facility in the City Center, (bounded by the centerlines streets of Pearl Street, South Winooski Avenue,
 95 Main Street, Maple Street, and St. Paul Street Battery Street), or within City Hall Park;

 96 (3) For any person of any age to operate a bicycle upon the streets within the Church Street
 97 Marketplace District as defined in section 321 of the Burlington City Charter, excepting:

 98 a. The traveled portions where vehicular traffic is regularly permitted on College, Bank and
 99 Cherry streets;

100 b. As permitted by the Church Street Marketplace Commission.

101 (b)(c) Persons riding bicycle upon a sidewalk or bicycle and pedestrian pathway shall yield the
102 right-of-way to any pedestrian.

103 (c)(d) Persons riding a bicycle upon a sidewalk, or bicycle and pedestrian pathway shall give
104 audible signal before overtaking and passing a pedestrian or another bicycle.

105 (d)(e) Persons operating a bicycle on a sidewalk, in areas where such operation is not otherwise
106 prohibited by this chapter, shall exercise due care, which includes operating the bicycle at a speed
107 reasonable for the existing conditions.


 Page 24 of 42
 Page 4
 An Ordinance in Relation to BICYCLES & MOTOR VEHICLE TRAFFIC
 BCO Secs. 6-1, 3,15, and 18; and Sec. 20-1



108 (e)(f) Persons operating a bicycle on a sidewalk, in areas where such operation is not otherwise
109 prohibited by this chapter, shall come to a complete stop prior to crossing all street crossings.

110 (f)(g) No person shall operate a motor-assisted bicycle, motor-driven cycle as defined in 23 V.S.A §
111 4(45)(A), motor-assisted micromobility device, pedi-cab or pedi-bus upon any sidewalk.

112 (g)(h) Persons riding a bicycle, electric bicycle, micromobility device, motor-assisted bicycle, or
113 motor-assisted micromobility device, pedi-cab or pedi-bus on a bicycle and pedestrian pathway shall
114 yield the right-of-way to any pedestrian.

115 6-4 to 6-14. As written

116 6-15 Dissemination of information.

117 (a) Every person engaged in the sale or dissemination of bicycles shall inform each purchaser of
118 city ordinances and state laws governing the operation of bicycles.

119 (b) Every person engaged in the business of renting bicycles for use in the city shall inform each
120 person who rents a bicycle of the city ordinances and state laws governing the operation of bicycles.

121 6-16 to 6-17. As written

122 6-18 ReservedReckless operation.

123 A person may not operate a bicycle, electric bicycle, motor assisted micromobility device, or motor-driven
124 cycle, upon any roadway, bicycle lane, bicycle path, bicycle and pedestrian pathway, or sidewalk (if
125 applicable) under the control of the City of Burlington in a careless, reckless, or negligent manner so as to
126 endanger the life and safety of any person, or the property of any other person.
127
128 ***
129 20-1 Definitions.
130
131 Whenever in this chapter the following terms are used, they shall have the following meanings respectively
132 given to them:
133 ***
134 Motor-assisted bicycle: Any bicycle with fully operable pedals and equipped with a motor that in itself is
135 capable of producing a speed of no more than thirty (30) miles per hour on a paved level surface As defined
136 in section 1 of chapter 6 of this code.
137
138 Motor-assisted micromobility device: Any motor-assisted device for personal transportation. This includes
139 any device with no more than three (3) wheels and a motor that in itself is capable of producing a speed of no
140 more than twenty-five (25) miles per hour on a paved level surface. Motor-assisted micromobility devices
141 are not motor vehicles and shall obey all traffic regulations applicable to motor-assisted bicycles, except as
142 otherwise provided by law or other ordinances. As defined in section 1 of chapter 6 of this code.

 Page 25 of 42
 Page 5
 An Ordinance in Relation to BICYCLES & MOTOR VEHICLE TRAFFIC
 BCO Secs. 6-1, 3,15, and 18; and Sec. 20-1



143
144 ***
145 * Material stricken out deleted.
146 ** Material underlined added.
147 *** Omission of text--interim/rest of sections/definitions as written
148
149
150 CM/ER/Ordinances 2026/Ch. 6;Bicycles, Ch. 20; Motor Vehicles And Traffic
151 Secs. 6-1, 3, 15, 18 and 20-1
152 6/11/26




 Page 26 of 42
 City of Burlington
 Department of Public Works

 Technical Services Engineering Division
 645 Pine Street, Suite A
 Burlington, VT 05402
 P 802-863-9094 / F 802-863-0466 / TTY 802-863-0450
 www.burlingtonvt.gov/DPW




MEMO
Date: June 18th, 2026

To: Ordinance Committee
From: Phillip Peterson, P.E.; Senior Transportation Engineer & Planner
 Caleb Manna, Associate Public Works Engineer

CC: Chapin Spencer, Director Public Works
 Phil Lewis, Director of Parks Recreation & Waterfront
 Shawn Burke, Chief Burlington Police Department
 Laura Wheelock, P.E.; City Engineer/Division Director of Technical Services
 Sophie Sauvé, Parks Planning – Division Director
Subject: Informational Update: Motorized Device Framework & Next Steps


As discussed during our recent meeting, staff from DPW and Parks were directed by the
Ordinance Committee to return with proposed directions regarding motorized devices on our
shared-use paths and greenways. This informational memo outlines the next steps and provides
a preview of how we are integrating those directions into the draft ordinance package for your
next meeting.

Please note that we are not seeking approvals at this stage; this is an update to ensure
alignment on the framework and to share our current public engagement, outreach, and
intermediate enforcement steps.

Immediate Action & Existing Enforcement Authority

During our discussion, the Committee highlighted that the Burlington Police Department (BPD)
already possesses enforceable authority under existing City and State law and should begin
utilizing those tools immediately on the Burlington Greenway and other shared-use paths.

Specifically, the Committee emphasized that the following enforcement mechanisms under
Chapter 6-17 are fully applicable today to address unauthorized motorized devices:

 • 6-17(a): Any person violating any provision of Chapter 6 is subject to a civil penalty
 under Section 27-21.




 Page 27 of 42
 • 6-17(b): For a second or subsequent violation within a twelve-month period, a law
 enforcement officer may impound the device in addition to issuing civil penalties.
 • 6-17(c): Established procedures for owner notification regarding the reason for
 impoundment and the steps required to regain possession, with unclaimed devices
 subject to disposal after thirty days.

Staff have communicated this opportunity to BPD leadership so that these existing tools can be
deployed immediately while broader, long-term ordinance text updates move through the
legislative process.

Public Engagement, Education & Outreach

In tandem with immediate enforcement, staff are executing an aggressive public engagement
and education campaign to address the root causes of compliance issues—namely, consumer
access and a lack of awareness among parents and youth. Moving forward, robust public
engagement will be mandatory prior to implementing any new, finalized ordinance changes
to ensure community awareness and buy-in. Current and planned efforts include:

 • School District Collaboration: Local Motion’s informational flyer (see Attachment-1) has
 been shared directly with the Burlington School District for distribution to staff,
 students, and parents. This outreach explicitly highlights the state-level legal
 requirements for high-powered electric devices and the severe financial penalties
 associated with illegal operation.
 • On-Path Infrastructure: Parks is currently coordinating the installation of on-path
 signage along the Greenway to visually reinforce speed limits, device restrictions, and
 safe riding behavior.
 • Cross-Departmental Campaign: Following suggestions from the Committee, we are
 planning a coordinated social media push across city departments to ensure consistent
 messaging regarding where these devices can legally operate.
 • Future Ordinance Engagement: Before any proposed code updates are finalized or
 voted into effect, staff will build out a formal public comment window and community
 feedback loop. This will ensure that path users, parents, and advocates can weigh in on
 the proposed speed limits and local fine structures.

Preview of Draft Ordinance Package

Per the Committee's directive to come back with proposed directions, staff will return at the
next meeting with a comprehensive draft package of ordinance updates. Version 2 of our
approved draft already successfully established the e-bike Class 1, 2, and 3 tiering and a strict
750W power cap (Chapter 6-1) , which legally excludes e-motos from path access.

To build cleanly upon that framework, our upcoming proposal will focus on adding the missing
speed limit restrictions and a localized fine structure to create a stronger deterrent than the
current fifty-dollar waiver penalty found under Section 20-12.




 Page 28 of 42
The package will be structured into two primary parts:

Part 1: Structural and Textual Code Updates

 • Establish Shared-Use Path Speed Limits (Chapter 6-3): Add a brand-new subsection
 establishing a maximum speed limit (such as 15 to 20 mph) for all authorized users. This
 will apply to all shared-use paths citywide, including the Burlington Greenway.
 • Cross-Reference in Parks Ordinance (Chapter 22): Mirror the new path speed limits and
 e-moto restrictions within Chapter 22 so that the Greenway and park trails operate
 under identical, clear regulatory standards.
 • Authorize Civilian Enforcement (Chapter 6-5 and Chapter 22): Add explicit authority
 directly into these operational chapters allowing designated non-police staff (such as
 Parks Rangers and DPW enforcement personnel) to issue local civil tickets.

Part 2: Proposed New Local Violations and Fine Structure

To give enforcement officials a low-stakes municipal tool that avoids high-risk pursuits, staff will
draft the following city-specific civil violations, linking them directly to the definitions and
reckless riding terms already adopted in our current draft:

 • Violation A: Illegal Operation of a Motor Vehicle on a Shared-Use Facility
 o Definition: Operating an unauthorized motorized device (over 750W, over 28
 mph, or lacking operable pedals) on any sidewalk, park trail, or shared-use path.
 (Note: This enforces the boundaries already established in our Chapter 6-1
 definitions and expands the sidewalk ban in Section 6-3(f) ).
 o Proposed Fine: $220 (Monetarily aligns with state traffic guidelines to ensure a
 real deterrent).
 • Violation B: Speeding on a Shared-Use Facility
 o Definition: Operating any authorized device in excess of the newly established
 shared-use path speed limit.
 o Proposed Fine: $50 for the first offense, escalating for subsequent offenses.
 • Violation C: Reckless or Unsafe Group Riding
 o Definition: Group riding behavior that endangers others, weaves through
 pedestrians, or intentionally obstructs the path. (Note: This provides a specific
 penalty structure to enforce the Section 6-18 Reckless Operation language
 already built into our text ).
 o Proposed Fine: $100 to $150 (Directly addresses the Council's mandate regarding
 unsafe youth group behavior).

Staff are currently gathering formal operational and staffing input from both BPD and Parks to
finalize this draft text. We look forward to presenting this informational package and hearing
your feedback at the next scheduled meeting.




 Page 29 of 42
Attachments:

 1. Local Motion Informational Flyer




 Page 30 of 42
 CITY OF BURLINGTON
 ORDINANCE ___________
 Sponsor: Department of Public
 Works

 Public Hearing Dates: ___________
 In the Year Two Thousand Twenty-Six ___________________________
 First reading: _________________
 Referred to: ___________________
 An Ordinance in Relation to Rules suspended and placed in all
 stages of passage: ______________
 BCO Chapter 26 Industrial Pollution Prevention Program Update Second reading: ________________
 Action: ______________________
 Date: ________________________
 Signed by Mayor: ______________
 Published: ____________________
 Effective: _____________________

 It is hereby Ordained by the City Council of the City of Burlington as follows:
 1 That …
 2 26-71 Use of Public Sewers Generally

 3 (a) Every person owning or having the care of buildings abutting on a street in this city through which a
 4 sanitary or combined sewer has been or shall hereafter be constructed shall drain such buildings
 5 wastewater into the sanitary or combined sewer, at their own expense, provided that all connections
 6 into the public sewers be made under the direction of the director upon the written application of such
 7 person. The director shall supervise the making of all such connections.

 8 (b) Every person owning or having the care of lands and buildings abutting on a street in this city
 9 through which a storm or combined sewer has been or shall hereafter be constructed shall drain
10 stormwater from such land and buildings after treatment and/or attenuation into the storm or
11 combined sewer or natural outlet, at his own expense, provided that all connections into the public
12 sewers and natural outlets be made under the direction of the director upon the written application of
13 such person and in accordance with the provisions of this chapter. The director shall supervise the
14 making of all such connections.

15 (c) Adoption of regulations.

16 (1) Use of the city’s sewers is subject to compliance with such regulations as the public works
17 commission may deem necessary or convenient to protect public health, safety, and welfare or
18 the environment, to comply with state and federal law, or to safeguard the city’s treatment
19 works.

20 (2) Such regulations shall be adopted at the recommendation of the public works director or
21 designee following a public hearing.

22 (3) Notice of the hearing shall be included in the warned agenda for said meeting, and it shall be
23 posted on the city’s website and published in a newspaper of general circulation within the




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24 city at least three calendar days prior to the hearing. The published hearing notice shall
25 include a link to the draft regulations.

26 (4) The hearing may be continued from time to time, and republication of the hearing notice shall
27 not be required if the continued hearing date, time, and location are announced on the record
28 at the time of the continuance. A final decision of the commission shall be made at the same
29 or a subsequent meeting as the meeting where the hearing was conducted.

30 (5) The record for the commission’s decision shall consist of the draft regulations, any written or
31 oral staff report, public comments received at the hearing, and any written comments received
32 at least twenty-four (24) hours prior to the opening of the hearing.

33 (6) Regulations approved by the commission shall take effect seven (7) calendar days after
34 publication on the city’s website.

35 (7) A violation of the commission’s regulations may be enforced pursuant to section 26-4 of this
36 code.

37 (d) Express prohibitions.

38 (1) It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary
39 manner on public or private property within the city or in any area under the jurisdiction of the
40 city, any human or animal excrement, garbage, or objectionable waste.

41 (2) Except as provided herein, it shall be unlawful to construct or maintain any privy, privy vault,
42 septic tank, cesspool, or other facility intended or used for the disposal of wastewater.

43 (3) No person shall discharge, cause or permit to be discharged any stormwater, surface water,
44 groundwater, foundation drains, roof runoff, subsurface drainage, cooling water, or industrial
45 process waters to any sanitary sewer. This prohibition does not apply to the combined or separate
46 storm sewers.

47 (4) No person shall discharge or cause to be discharged any of the following described waters or
48 wastes to any public sewers or natural outlet:

49 a. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas.

50 b. Any waters containing toxic or poisonous solids, liquids or gases in sufficient quantity, either
51 singly or by interaction with other wastes, to injure or interfere with any waste treatment
52 process, constitute a hazard to humans, animals or property, create a public nuisance, or create
53 any hazard, including fire or explosion, in the receiving waters of the wastewater treatment
54 plant or wastes exerting an excessive chlorine requirement. The limiting concentrations of
55 such substances that create hazards as aforesaid are subject to modification by the director as
56 affected by applicable state or federal regulations or guidelines.
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57 c. Any waters (except acidic rainfall) or wastes having a pH lower than five (5) or greater than
58 nine and five tenths (9.5), or which due to its nature or content, becomes less than five (5) or
59 greater than nine and five tenths (9.5) during transmission through the sewers, or having any
60 other corrosive property capable of causing damage or hazard to structures, equipment, and
61 personnel of the wastewater facilities or treatment works.

62 d. Solid or viscous substances in quantities or of such size capable of causing obstruction to the
63 flow in sewers, or other interference with the proper operation of the wastewater facilities
64 such as, but not limited to, animal waste, ashes, bones, cinders, sand, mud, sediment, straw,
65 shavings, metal, glass, rags, feathers, tar, plastics, wood or cellulose, unground garbage,
66 whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk
67 containers, either whole or ground by garbage grinders.

68 e. Radioactive materials of such half-life or concentration as may exceed limits established by
69 the director of water pollution control in compliance with applicable state or federal
70 regulations.

71 f. Wastewater that has or may cause an offensive odor or nuisance in the wastewater facilities
72 and treatment works, and without limiting the generality of the foregoing, wastewater
73 containing hydrogen sulfide, carbon disulfide, ammonia, trichloroethylene, sulfur dioxide,
74 formaldehyde, chlorine, bromine, or pyridine.

75 g. Wastewater having a temperature higher than one hundred fifty (150) degrees Fahrenheit
76 (sixty-five (65) degrees Celsius).

77 h. Wastewater containing more than fifteen (15) milligrams per liter, whether emulsified or not,
78 of petroleum oil, nonbiodegradable cutting oils, or products of mineral oil origin.

79 i. Wastewater containing more than one hundred (100) mg/l of oil, fat and grease of animal and
80 vegetable origin.

81 j. Wastewater containing floatable oils, fat or grease.

82 k. Wastewater containing pharmaceuticals or endocrine disrupters.

83 (e) The owner(s) of all houses or buildings, used for human occupancy, employment, recreation, or other
84 purposes, situated within the city and abutting on any street, alley, or right-of-way in which there is
85 now located or may in the future be located a public sanitary or combined sewer of the city is hereby
86 required, at the owner(s)’ expense, to install suitable toilet facilities therein, and to connect such
87 facilities directly with the proper public sewer in accordance with the provisions of this article within
88 ninety (90) days after date of official notice to do so, provided that said public sewer is within a
89 reasonable distance of the property line as determined by the director.


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 90 (f) Stormwater and other unpolluted drainage may be discharged to a storm sewer or to a natural outlet
 91 as approved by the director when suitable treatment and/or attenuation has been provided in
 92 accordance with the provisions of this chapter. Stormwater and other unpolluted drainage may be
 93 allowed to be discharged to a combined sewer as approved by the director provided that it does not
 94 violate wastewater facility NPDES permit requirements. Industrial cooling or unpolluted process
 95 waters may be discharged to a storm sewer or natural outlet as approved by the director provided that
 96 these waters do not result in adverse undue thermal impacts to receiving waters.

 97 (g)

 98 (1) The following described substances, materials, waters or wastes shall be limited in discharges
 99 to municipal systems to concentrations or quantities which will not harm either the sewers,
100 wastewater treatment process or equipment, will not have an adverse effect on the receiving
101 stream, or will not otherwise endanger lives, limb, public property, or constitute a nuisance.

102 (2) The director may set limitations lower than the limitations established in the regulations
103 below if in his opinion such more severe limitations are necessary to meet the above
104 objectives. In forming this opinion as to the acceptability, the director will give consideration
105 to such factors as the quantity of subject waste in relation to flows and velocities in the
106 sewers, materials of construction of the sewers, the wastewater treatment process employed,
107 capacity of the wastewater treatment plant, degree of treatability of the waste in the
108 wastewater treatment plant, and other pertinent factors.

109 (3) The limitations or restrictions on materials or characteristics of waste or wastewaters
110 discharged to the sanitary sewers which shall not be violated without approval of the director
111 are as follows:

112 a. Wastewater of which the BOD5 exceeds four hundred (400) milligrams per liter.

113 b. Wastewater in which suspended solids exceed five hundred (500) milligrams per liter, or
114 the organic content of such suspended solids or of dissolved solids is unusually small.

115 c. Any garbage that has not been properly shredded. Garbage grinders may be connected to
116 sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering
117 establishments, or similar places where garbage originates from the preparation of food in
118 kitchens for the purpose of consumption on the premises or when served by caterers.

119 d. Quantities of flow, concentrations, or both which constitute a slug as defined herein.

120 e. Waters or wastes containing substances which are not amenable to treatment or reduction
121 by the wastewater treatment processes employed, or are amenable to treatment only to
122 such degree that the wastewater treatment plant effluent cannot meet the requirements of
123 other agencies having jurisdiction over discharge to the receiving waters.

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124 f. Any water or wastes which, by interaction with other water or wastes in the public sewer
125 system, release obnoxious gases, form suspended solids which interfere with the
126 collection system, or create a condition deleterious to structures and treatment processes.

127 (h) If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which
128 waters contain the substances or possess the characteristics, enumerated in subsections (d)(4) and (\)
129 above, and which in the judgment of the director may have a deleterious effect upon the wastewater
130 facilities or treatment works, processes, equipment, or receiving waters, or which otherwise create a
131 hazard to life or constitute a public nuisance, the director may:

132 (1) Reject the wastes.

133 (2) Require pretreatment to an acceptable condition for discharge to the public sewers.

134 (3) Require control over the quantities and rates of discharge.

135 (4) If the director permits the pretreatment or equalization of waste flows, the design and installation
136 of the plants and equipment shall be subject to the review and approval of the director, and subject
137 to the requirements of all applicable codes, ordinances, laws, and the municipal discharge permit.
138 Further, such pretreatment installations must be consistent with the requirements of any state
139 pretreatment permit issued to the owner.

140 (i) Grease, oil, and sand interceptors shall be provided when, in the opinion of the director, they are
141 necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts
142 or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be
143 required for private living quarters or dwelling units. All interceptors shall be of a type and capacity
144 approved by the director, and shall be located as to be readily and easily accessible for cleaning and
145 inspection. In the maintaining of these interceptors the owner shall be responsible for the proper
146 removal and disposal by appropriate means of the captured material and shall maintain records of the
147 dates and means of disposal which are subject to review by the director. Any removal and hauling of
148 the collected materials not performed by owner’s personnel must be performed by qualified waste
149 disposal firms.

150 (j) Where pretreatment or flow equalizing facilities are provided or required for any waters or wastes,
151 they shall be maintained continuously in satisfactory and effective operation by the owner at his sole
152 expense.

153 (k) When required by the director, the owner of any property serviced by a building sewer carrying
154 industrial wastes shall install a suitable structure together with such necessary meters and other
155 appurtenances in the building sewer to facilitate observation, sampling, and measurement of the
156 wastes. Such structure when required, shall be accessibly and safely located and shall be constructed
157 in accordance with plans approved by the director. The structure shall be installed by the owner at his
158 sole expense and shall be maintained by him so as to be safe and accessible at all times.
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159 (l) All industries discharging into a public sewer shall perform such monitoring of their discharges as the
160 director and/or other duly authorized employees of the city may reasonably require, including
161 installation, use, and maintenance of monitoring equipment, keeping records, and reporting results of
162 such monitoring to the director. Where industrial pretreatment permits are issued by the State of
163 Vermont, monitoring records must also be submitted to the secretary in accord with such permit.
164 Such records of any monitoring shall be made available upon request by the director to the secretary
165 or to other agencies having jurisdiction over discharges to the receiving waters.

166 The director shall require forty-five (45) days’ prior notification by any person or persons of a
167 proposed substantial change in volume or character of pollutants over that being discharged into the
168 treatment works; a proposed new discharge into the treatment works of pollutants from any source
169 which would be a new source as defined in the federal Water Pollution Control Act as amended, if
170 such source were discharging pollutants; or a proposed new discharge into the treatment works of
171 pollutants from any source which would be subject to the federal Water Pollution Control Act, as
172 amended, if it were discharging such pollutants.

173 (m) All measurements, tests and analyses of the characteristics of waters and wastes to which reference is
174 made in this article shall be determined in accordance with the latest edition of "Standard Methods
175 for the Examination of Water and Wastewater," published by the American Public Health
176 Association. Sampling methods, location, times, durations, and frequencies are to be determined on
177 an individual basis subject to approval by the director.

178 (n) No statement contained in this division shall be construed as preventing any special agreement or
179 arrangement between the city and any industrial concern whereby an industrial waste of unusual
180 strength or character may be accepted by the city for treatment, to an extent fixed by agreement with
181 the city under such conditions with respect to payment or otherwise as may be necessary to
182 compensate for any additional costs of treatment; provided that such agreements do not contravene
183 any requirements or existing federal laws and are compatible with any user charge and industrial cost
184 recovery system in effect. Any such agreement shall be subject to the approval of the state
185 department of environmental conservation.

186 (o) No statement contained in this division shall be construed to interfere with any additional
187 requirements that may be imposed by the city health officer.

188 (p) No unauthorized person shall uncover, make any connections with or opening into, use, alter, or
189 disturb any public sewer or appurtenance thereof without first obtaining a written permit from the
190 director per Division 1 of this article. Any person proposing a new discharge into the system, or a
191 substantial change in the volume or character of pollutants that are being discharged into the system,
192 shall notify the director at least forty-five (45) days prior to the proposed change or connection.

193 (q) Applications for a plumbing permit shall be filed with the department of public works and must be
194 approved before any work commences. Fees associated with this permit are outlined in the permit
195 application.

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196 (r) All costs and expenses incidental to the installation and connection of the building sewer shall be
197 borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or
198 indirectly be occasioned by the installation of the building sewer.

199 (s) A separate and independent building sewer shall be provided for every building; except where one (1)
200 building stands at the rear of another on an interior lot and no private sewer is available or can be
201 constructed to the rear building through an adjoining alley, court, yard, or driveway, the front
202 building may be extended to the rear building and the whole considered as one (1) building sewer,
203 but the city does not and will not assume any obligation or responsibility for damage caused by or
204 resulting from any such single connection.

205 (t) Old building sewers may be used in connection with new buildings only when they are found, on
206 examination and test by the director to meet all requirements of this article.

207 (u) The size, slope, alignment, materials of construction of a building sewer, and the methods to be used
208 in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the
209 requirements of the building and plumbing code or other applicable rules and regulations of the city.

210 (v) Whenever possible, the building sewer shall be brought to the building at an elevation below the
211 basement floor. In all buildings in which any building drain is too low to permit gravity flow to the
212 public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and
213 discharged to the building sewer.

214 (w) The connection of any building sewer into the public sewer shall conform to the requirements of the
215 building and plumbing code and all other applicable rules and regulations of the city. All such
216 connections shall be made gastight and watertight and verified by proper testing. Any deviation from
217 the prescribed procedures and materials must be approved by the director before installation.

218 (x) The applicant for any building sewer permit shall notify the inspector when the building sewer is
219 ready for inspection and connection to the public sewer. The connection and testing shall be made
220 under the supervision of the inspector.

221 (y) All excavations for building sewer installation shall be adequately guarded with barricades and lights
222 so as to protect the public from hazard. Streets, sidewalks, parking and other public property
223 disturbed in the course of the work shall be restored in a manner satisfactory to the city and consistent
224 with the requirements of Chapter 27 of this Code.

225 26-76 Wastewater Permit Fees

226 (a) Certain activities pursuant to this chapter require a permit or other approval, plan check,
227 investigation, or review by the director or their designee. The city also incurs costs associated with
228 the physical connection of property to public sewers, as well as costs associated with certain intensive
229 uses of the city’s treatment works. The city council finds that the direct and indirect cost of providing

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230 such services should not be borne by ratepayers generally but instead should be the responsibility of
231 benefitted property owners.

232 (b) The city council shall establish by resolution fees for activities described in this chapter, which fees
233 shall be reasonably related to the direct and indirect costs of said activities. The city council shall
234 also establish by resolution administrative rules for the collection of fees imposed pursuant to this
235 section, including, without limitation, any provision for fee waivers; the handling, use, and deposit of
236 fees; recording keeping; appeals; and any annual inflation factors to be applied.

237 (c) No work shall be commenced until any permit or other approval required under this article shall have
238 been received by the party submitting the application and all applicable fees have been paid.

239 (d) In case of preemption, in addition or in lieu of such fees as may be authorized pursuant to this
240 section, the director shall charge such fees as may be allowed or required by federal or state law.

241 Division 5. Pretreatment Requirements

242 26-77 Effective Date and Interim Regulations.

243 The provisions of this division commencing with section 26-78 shall take effect twenty-one (21) days after the
244 director of public works or designee posts on the city’s website and publishes notice in a newspaper of general
245 circulation that authority has been delegated to the city to issue permits for discharges to the city’s treatment
246 works, pursuant to 10 V.S.A. § 1263, as the same may be amended or renumbered from time to time. Until
247 such effective date, if necessary or convenient to protect the public health, safety, and welfare or the
248 environment, to comply with state and federal law, or to protect existing infrastructure, the city council may,
249 by resolution, adopt interim effluent limitations and surcharges for industrial users. Notification of such
250 interim regulations shall be published, and such interim regulations shall become effective, in the same manner
251 as for an ordinance, pursuant to section 49 of the city’s charter.

252 26-78 Purpose and Policy.

253 This division sets forth uniform pretreatment requirements for indirect discharges by users of the publicly
254 owned treatment works of the city. The intent of this division is to enable the city to comply with all applicable
255 state and federal laws relating to the subject matter hereof, including, without limitation, the federal Clean
256 Water Act and the general pretreatment regulations codified at part 403 of title 40 of the Code of Federal
257 Regulations, as the same may be amended or renumbered from time to time. The specific objectives of this
258 division are to:

259 (a) Authorize the director to establish regulations implementing the requirements of this division, in
260 substantial conformance with the U.S. Environmental Protection Agency’s Model Pretreatment
261 Ordinance, or such other guidance as the federal or state governments may prescribe from time to time
262 relating to the subject matter of this division;

263 (b) Provide for remedies for violations of said regulations, as required, authorized, or encouraged pursuant
264 to applicable federal or state law;
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265 (c) Prevent the introduction of pollutants into the publicly owned treatment works that will interfere with
266 its operations;

267 (d) Prevent the introduction of pollutants into the publicly owned treatment works that are likely to pass
268 through said works, inadequately treated, into the waters of the State of Vermont and of the United
269 States;

270 (e) Protect city personnel and members of the public who may be affected by wastewater and sludge not
271 adequately pretreated;

272 (f) Provide fee authority, as set forth in section 26-84, below; and

273 (g) Enable the city to comply with all applicable federal or state permits required to operate its publicly
274 owned treatment works.

275 26-79 Definitions.

276 As used in this division, the following terms have the following meanings:

277 (a) Director means the city’s director of public works or designee; provided that the city council may
278 designate another city officer or employee as the “director” by resolution, solely for purposes of this
279 division.

280 (b) Indirect discharge means the introduction of any pollutant into the publicly owned treatment works
281 from a nondomestic source.

282 (c) Interference means any indirect discharge that, alone or in conjunction with other discharges, that
283 inhibits or disrupts the publicly owned treatment works, their treatment processes or operations, or their
284 sludge processes, use, or disposal, so as to interfere substantially with the purposes and policies set
285 forth in section 26-78, above.

286 (d) Publicly owned treatment works, or “POTW”, means all of the city’s infrastructure for the collection,
287 transportation, and treatment of wastewater.

288 (e) Passthrough means a discharge that exits the POTW into the waters of the State of Vermont or of the
289 United States in quantities or concentrations which, alone or in conjunction with a discharge or
290 discharges from other sources, would result in a violation of any requirement of any federal or state
291 permit applicable to the POTW, including an increase in the magnitude or duration of an existing
292 violation.

293 (f) Regulations means the regulations adopted pursuant to section 26-82, below.

294 (g) User means any source of indirect discharge.

295 26-80 Prohibited Discharges.
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296 The following indirect discharges are prohibited:

297 (a) Any indirect discharge that results in passthrough or interference.

298 (b) Any indirect discharge that would violate 40 C.F.R. Section 403.3(b), as the same may be amended or
299 renumbered from time to time, or that would otherwise violate federal law, state law, a permit issued
300 under section 26-81, the regulations, or any other provision of this chapter.

301 (c) Any indirect discharge done without a permit under section 26-81.

302 26-81 Permits Required.

303 (a) No indirect discharge shall be permitted without a permit issued pursuant to the regulations.

304 (b) The regulations may provide for general permits and permit waivers.

305 (1) General Permit. For those indirect discharges not requiring special conditions, including, without
306 limitation, special conditions relating to pretreatment of indirect discharges, monitoring, and
307 reporting, the regulations may provide for the issuance by the director of a general permit. Any
308 user desiring to operate under the general permit shall register under that permit with the director
309 in a manner specified in the regulations, pay any fee required pursuant to section 26-84, below,
310 and comply with all conditions of the general permit, as specified in the regulations. More than
311 one classification of general permit may be established by the regulations for different types of
312 uses.

313 (2) Permit Waiver. The regulations may exempt any indirect discharge from the requirement to obtain
314 a permit to operate, as otherwise required by subsection (a), above, based on the size, nature, or
315 other characteristics of the indirect discharge, as specified in the regulations. Operation within the
316 limits of the waiver and otherwise in strict conformance with all applicable laws shall be deemed
317 the functional equivalent of operating under a permit.

318 (c) Permits may be specific to the user or may run with the use, as specified in the regulations.

319 (d) If a user is required to obtain a permit, the director shall provide notification to the user by first class
320 mail at the user’s physical address and mailing address for utilities billing, if different. The user shall
321 then have thirty (30) days submit a complete application for a permit, subject to reasonable extensions
322 granted by the director. If allowed by regulations adopted pursuant to this division, the notification
323 may impose reasonable interim measures that the user shall take to limit interference and passthrough,
324 pending an application for a permit. Except as expressly authorized in the notification, any indirect
325 discharge by any user pending the issuance of a permit shall be deemed a violation of section 26-80,
326 above.

327 26-82 Regulations.

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328 (a) Regulations Authorized. The director is hereby authorized to issue regulations, in the manner descried
329 in this section, to achieve the purposes set forth in section 26-78, above.

330 (b) Adoption of Regulations. Regulations drafted by the director shall be subject to review and approval
331 by the city’s public works commission following a noticed public hearing conducted at a regular
332 meeting of the commission. Notice of the hearing shall be included in the warned agenda for said
333 meeting, and it shall be posted on the city’s website and published in a newspaper of general circulation
334 within the city at least three calendar days prior to the hearing. The published hearing notice shall
335 include a link the draft regulations. The hearing may be continued from time to time, and republication
336 of the hearing notice shall not be required if the continued hearing date, time, and location are
337 announced on the record at the time of the continuance. A final decision of the commission shall be
338 made at the same or a subsequent meeting as the meeting where the hearing was conducted. The record
339 for the commission’s decision shall consist of the draft regulations, any written or oral staff report,
340 public comments received at the hearing, and any written comments received at least 24 hours prior to
341 the opening of the hearing. Regulations approved by the commission shall take effect seven calendar
342 days after publication on the city’s website.

343 (c) Amendment to Regulations. Any regulation may be made in the same manner as for the original
344 adoption of the regulation.

345 26-83 Violations.

346 (a) For purposes of this section, a violation of this division includes any act or omission committed by a
347 user that violates any provision of this division or that causes or enables a violation to occur.

348 (b) Violations of this division are subject to section 1-9 of this ordinance code. A violation may be abated
349 as a public nuisance and prosecuted civilly or criminally as set forth in that section, and the director
350 shall be authorized to issue municipal tickets thereunder. Notwithstanding section 1-9, the maximum
351 fine for a violation under this division shall be the greater of the maximum fine available under section
352 50 of the city’s charter or 40 C.F.R. § 408.8(f)(1)(vi)(A), as the same may be amended or renumbered
353 from time to time.If a court of competent jurisdiction determines that the foregoing federal law does
354 not preempt the city’s charter, then the maximum fine shall be determined by charter.

355 (c) The director may report any violation to appropriate federal and state officials and may issue such
356 orders to any user to comply with this division or to cease and desist from any violation thereof as may
357 be necessary or convenient to achieve the objects and purposes set forth in section 26-78, above. An
358 order shall contain notice that an appeal of the order must be filed with the director in writing within
359 15 calendar days thereof. Such an appeal shall be heard by the public works commission at its next
360 regular meeting unless a different hearing date is agreed between the user and the director. If the order
361 is upheld by the commission, then it shall be appealable to the superior court pursuant to rule 74 of the
362 Vermont Rules of Civil Procedure. Refusal to comply with a final order shall be subject to subsection
363 (b) of this section. The City Attorney may also bring an action to enforce the order and, if relief is
364 granted, shall be entitled to an award of reasonable attorneys’ fees and costs.
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365 (d) If necessary following repeated and severe violations of this division or to avoid a substantial likelihood
366 of significant environmental harm or of harm to any person or real property of another, the director
367 may take such actions as may be reasonable necessary to cease indirect discharges from any user,
368 including by shutting off the user’s water supply.

369 (e) Any individual or property owner who suffers substantial bodily harm or property damage as a
370 proximate cause of any violation of this division may bring an action to recover the individual or
371 property owner’s actual damages, pursuant to section 54 of the city charter.

372 (f) In case of any physical harm to the POTW proximately caused by any violation of this division, the
373 city may bring an action to recover its actual damages, attorneys’ fees, and costs.

374 (g) The remedies set forth in this section are cumulative with one another and with those provided by
375 federal or state law.

376 26-84 Fees.

377 The city council may, by resolution, adopt a fee schedule setting forth fees for permit applications and for
378 activities under the regulations requiring significant staff time, including any reasonable fees for the filing of
379 an appeal under section 26-83(b), above, or for inspections and related activities.

380
381
382 * Material stricken out deleted.
383 ** Material underlined added.
384
385 Public Works
386
387




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Ordinance Committee
 Thursday, June 18, 2026
 Bushor Conference Room, City Hall
 or Remote via Zoom. Burlington, Vermont
 DRAFT MINUTES


Members Present: Councilor Bergman (Chair), Councilor Barlow, Councilor Carpenter (on-
line)
Staff Present: Kim Sturtevant, Caleb Manna (on-line), Phillip Peterson (on-line), Megan Moir,
Scott Gustin (Zoning Manager, DPI), VJ Comai (City Arborist)
Public Present: Sharon Bushor, Richard Hillyard
Meeting called to order at 4:30 PM.
1. Adopt the Agenda
1.1 Adopt the Agenda
Motion to Adopt Agenda.
Motion by Councilor Barlow, Seconded by Councilor Carpenter.
Final Resolution: Motion Passes
Yes: Unanimous

2. Adopt Draft Minutes
2.1 Adopt Draft Minutes from June 5, 2026
Motion to Adopt Agenda.
Motion by Councilor Barlow, Seconded by Councilor Carpenter.
Final Resolution: Motion Passes
Yes: Unanimous

3. Public Forum
Richard Hillyard: I live in Ward One. I sent comments to the Committee in writing previously
regarding the e-moto issue. I am a school crossing guard. I have seen children on scooters or e-
bikes not wearing helmets and my first thought was registration of such things at schools. Many
children ride regular bikes or scooters and sometimes even two children or a parent and child
will ride the same scooter to school.
Sharon Bushor: I think it is important to put an age limit on who can ride on sidewalks and
pedestrian ways and sixteen might be too old to allow to do so. I also have concerns about the
markings on the bike path since the markings won’t be visible in the winter. The issue of bikes
and e-bikes on sidewalks is becoming an issue even outside the downtown. BPD has said they
don’t have the staffing to enforce these rules and don’t want to ticket for minor bike or e-bike
infractions. I think we should be ticketing for these infractions since this is becoming a safety
issue. On the vegetation ordinance, many of our nice tree canopies are on private land and
people should have to get a permit to clear cut many trees. I think the City Arborist should be
consulted before large or old trees on private property are cut down.
4. Vegetation Ordinance
Scott Gustin (DPI and Conservation Board) and VJ Comai (City Arborist) presented the initial
draft vegetation ordinance. This ordinance is available in the agenda packet on CivicClerk.
Councilor Barlow asked why there is a provision for if a private individual removes a tree on
City land. VJ Comai said that it does happen on occasion, such as if someone was altering their
driveway or curb cut. He added that sometimes young trees are vandalized and this ordinance
would give a mechanism for how to handle such a situation and recoup the value of the tree.
Councilor Carpenter asked whether someone can plant a tree in the greenbelt by their home. VJ
Comai said they could with permission and that the City will inspect the site and consult on what
species would be appropriate. Councilor Carpenter asked whether someone needs a permit to
remove a tree on private property. VJ Comai responded that it depends on the size and age and
that a permit is only needed to remove multiple trees from a single area. He added that this
aspect would not be changed in the draft ordinance.
Councilor Bergman asked for an authority section to be added to the beginning of the draft
ordinance. He added that he has questions about the current draft authority portions of the
ordinance, particularly with the authority to issue fines and seek restitution. He said that the City
may need to use state statutory authority to pursue larger fines and restitution.
5. Motorized Bicycle Ordinance Discussion
Phillip Peterson (DPW) said that there has been a lot of engagement lately about the appropriate
age cutoff for children to ride a bike on a sidewalk or similar pedestrian walkway. He said it is
currently sixteen years old but could be lowered to perhaps twelve. He added that education
about the current laws and ordinances has been ongoing at Public Works.
Caleb Manna (DPW) said that he believes sixteen was originally chosen as a cutoff as that is
when children may start driving to school rather than biking.
Councilor Carpenter said that sixteen is too old for the cutoff and was curious at what other cities
do.
Phillip Peterson said that New York and Chicago age cutoffs for sidewalk biking are both twelve
years old, but Albany is ten.
Councilor Barlow said that e-motos are sometimes marketed as e-bikes and there is even a
secondary market for falsified stickers to conceal that the bike is an e-moto instead of an e-bike.
He added that education is very important and especially through the school district, but that
school is now out.
Phillip Peterson said that if BPD enforced the e-moto rules a few times it would scare parents
into complying with existing laws and ordinances.
Councilor Barlow said he actually would be alright with banning e-bikes on sidewalks at any
age.
Councilor Carpenter said that she would actually like more detail in the ordinance regarding
riding on a sidewalk because there could be civil cases if or when crashes or accidents happen.
Caleb Manna said that those basic sidewalk riding rules are in the ordinance.
Councilor Bergman asked if it was possible to get multiple City departments together with the
school district to discuss education on this issue. He said that the councilors on the Committee
can help with bringing up these issues.
6. Ordinance Chapter 26 Industrial Pollution Prevention Program Discussion
Megan Moir (Water Dept. Director) shared an updated draft ordinance.
Councilor Barlow said that as long as there is a communication to the Council about a coming
change to the rules then any councilor has the power to force something from the consent agenda
to the deliberative if they believe the rule change should be deliberated by the full Council.
All councilors agreed that the draft ordinance should be changed to state that all regulation
changes approved by the Public Works Commission will come to the full City Council on the
consent agenda.
Councilor Carpenter suggested putting the fee changes for permit applications in the annual
budget. Councilor Bergman suggested changing the draft language to include that the fees may
be updated by budget resolution or a separate resolution.
Councilor Bergman asked for the City Attorney’s Office to check the state statute about whether
violators of the ordinance are prosecuted civilly or criminally as he believes it is generally done
criminally but can be done civilly.
Councilor Bergman said that it would be ideal to have all references to the Public Works
Director also include a designee.
All councilors agreed to the other preliminary draft changes and anticipate this item returning to
the Committee.
7. Any Other Committee Business
The next meeting is scheduled for July 16th.
8. Adjournment
Motion to adjourn by Councilor Bergman, without objection.
The meeting was adjourned at 6:44 PM.