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1. What is development review?

Learn about development review in Milton, VT. 

2. Which applications require development review?

Application	Description
Administrative Site Plan Amendment	A proposed modification that can be approved administratively by the Zoning Administrator; but the Zoning Administrator may also refer the application to the Development Review Board (DRB).
Amendments	Site Plans, subdivisions, and PUD approvals can be amended. This is a one-step process with final review.
Appeal of a Zoning Administrator Decision	An objection to a decision of the Zoning Administrator, such as the issuance or denial of a permit or issuance of a violation.
Conditional Use	A request to start a use that is neither permitted nor prohibited in a zoning district. Conditional uses generally have a higher potential for impact and therefore require this type of review by the DRB according to UDR Chapter 330. The DRB may place conditions upon this type of use.
Major Conventional Subdivision	A major subdivision is the division of a lot into 7 or more lots. This is a three step application process: sketch, preliminary and final. However, the DRB may waive the third hearing if prelim. is sufficient.
Minor Conventional Subdivision	A minor subdivision is the division of a single lot into 6 or fewer lots. This application is a two-step application process: sketch and final.
Site Plan	A development plan required for certain uses, drawn to scale, showing a detailed layout of proposed improvements for a parcel of land, per UDR Chapter 320.
Site Plan Amendment	A proposed modification to an existing Site Plan; processed the same way as a new Site Plan and subject to all the minimum standards at the time of application.
Planned Unit Development (PUD)	A PUD is a way of developing that allows greater flexibility to achieve a unified development consistent with the Comprehensive Plan. Milton’s regulations establish rules for Conservation PUDs and Cottage Clusters. The application undergoes subdivision and site plan review. This is a three step application process: sketch, preliminary and final application. The DRB may waive the third hearing if preliminary is sufficient.
Variance	An appeal to be exempt from a provision of the Zoning Regulations according to required findings in UDR Section 4605.

If you have questions about any of these applications or the process, please contact the Planning and Economic Development Department.

3. Who does development review?

While the Development Review Board is ultimately responsible for the decision to approve or deny an application, many people are involved:

• Owners, applicants, engineers and surveyors read the regulations and often consult with the Planning Staff to prepare an application.
• Town Staff - including the Technical Advisory Committee comprised of Police, Fire, Rescue, and Public Works - analyze the application’s compliance with the regulations and the Development Review Planner writes a Staff Report to assist the Development Review Board by:
  • Asking questions
  • Proposing possible conditions of approval
  • Framing discretionary decisions for the DRB’s consideration
• Development Review Board members hear testimony, accept evidence, apply the regulations and rule on applications.
• Applicants and Interested Persons (as defined by 24 VSA 117§4465(b)) testify on the application.

4. What are the regulations?

The Unified Development Regulations are the primary ordinances used in development review and enabled by the State’s Planning Statute 24 VSA 117. Other documents, such as the Comprehensive Plan (PDF) or Public Works Specifications (PDF) may also be considered, where applicable. The application forms identify the main review criteria that will be used by staff, and the Town’s staff will review the application according to all regulations that correspond with the proposal. While the Town aims to make the expectations as predictable as possible, the complexity and uniqueness of many applications can mean that some unexpected items can only be identified and resolved during the process itself.

5. What is at the discretion of the Development Review Board?

Many requirements are clearly defined by the regulations and must be fulfilled by the applicant unless a variance is applied for and granted. In some cases, however, the regulations are unclear or conflictual, and the Development Review Board (DRB) must exercise its discretion to faithfully interpret the wording of the regulations or resolve a discrepancy in the language. In other cases, the regulations grant the DRB wide discretion, such as the authority to grant waivers from certain provisions of the regulations or require certain improvements. The DRB always retains the authority to approve or deny an application.

6. What is the process?

The review process is as following:

1. Application Submitted
2. Application Deemed Complete by Staff
3. Application Placed on Development Review Board Schedule and Applicant Notified
4. Community “Heads Up”: Warning or Notice
5. Staff Report Written, Mailed to Applicants, Posted Online
6. Development Review Board Hearing Held
7. Written Decision Issued
8. If Approved, Applicant Satisfies all Applicable Conditions
9. Applicant Applies for Zoning Permit and/or Submits Plat for Signature and Recording
10. Zoning Permit Issued, Construction Begins
11. Once Project is Complete a Certificate of Occupancy/Compliance Applied for and Issued if the Site Passes Inspection

7. Does Milton do a pre-application consultation?

Applicants can often save time and money by working with the Planning Department prior to submitting an application. We value the opportunity to discuss how your goals fit into the Town's Regulations.

8. How do I submit an application and what does it cost?

View the application forms and fees. Forms are also available in the Planning Office. An applicant can submit two applications for a single project for concurrent review. The applications must be submitted together and be able to be heard at the same meeting.

Applications must be deemed complete by the Development Review Planner a minimum of 31 days prior to a Development Review Board meeting. Applications are generally first come-first serve, and an application can only be placed on the agenda if there is space available. Please coordinate your application submission with the Development Review Planner to ensure enough time.

9. How long does it take?

The law recognizes that land use decisions have far-reaching and long-lasting consequences on the natural, built, social and economic environment of our community. The action of one neighbor can positively or negatively affect the property of a another neighbor, and individual development choices, added together, collectively shape how we live, work, consume, play and move around in our community. In other words, they shape our community. We are here to help you navigate this legal process efficiently and approachable.

• The Development Review Board (DRB) meets twice monthly and normally reviews 3 to 4 applications per meeting, depending upon their complexity.
• Complete applications are placed on the Development Review Board’s agenda on a first-come, first serve basis. Contact the Planning Office for availability.
• All applications must be submitted roughly four weeks prior to the meeting date and deemed complete prior to the deadline in order to meet the legal requirements and the timeline for the Development Review Technical Advisory Committee. Coordinate your submission with the Planning Department.
• Staff reports are mailed to the applicants the Friday prior to the meeting, and the DRB’s packet is placed online the Monday before the hearing.
• After the DRB hearing, the Board has 45 days to issue a written decision (24 VSA §4464). Decisions are generally signed at the next DRB meeting.
• The DRB’s decision can be appealed to the Environmental Division of the Vermont Superior Court by the applicant or interested persons within 30 days of issuance (10 VSA §8504). An approval always lists conditions of approval that must be addressed/met.
• Once all conditions have been met and the appeal period is over, Plats can be signed by the DRB Chair and recorded, and/or Zoning Permits Applications can be submitted. Once a Zoning Permit has been issued there is an additional 15 day appeal period (24 VSA §4449).
• Once constructions is complete, a Certificate of Occupancy and inspection is required to close out the project and clear the title in the land records.

10. Who can participate in a hearing?

Please note that only certain people can participate in a Development Review Board (DRB) hearing. Unlike other public meetings, the DRB is not required by law to allow general public input (1VSA312(h)) during a hearing. Only those individuals with “interested person status,” as defined in 24 VSA 117§4465(b), may participate in hearings. Adjoining property owners are always considered interested persons, and receive notification of the hearing by mail. If you require a reasonable accommodation according to the ADA in order to be able to participate, please notify the Planning and Economic Development Office or Town Manager’s Office.

11. Where can I see the details of a proposal?

View Development Review Board (DRB) agendas and packets. Plans are not made available for public viewing during the hearing. The public can see what the DRB sees prior to the meeting. The full contents of application files are open to public inspection during office hours, 8 a.m. to 5 p.m., Monday through Friday.

12. Do I need to sign in?

When you arrive at the meeting, you must first sign in to the meeting at the door. All those testifying must take an oath to tell the truth and sign another hearing sheet prior to testifying. If you legibly sign this sheet, the Planning Staff will mail you a copy of the written decision.

13. How does the Development Review Board conduct the hearing?

The Development Review Board (DRB) Chair will then read a summary of the project and read the numbered items in the Staff Report, allowing comments from the applicant and anyone else who may wish to speak on that topic. The Staff Report frames questions, conditions and discretionary decisions for the DRB’s consideration and Applicant’s response. Applicant must, at this time, testify on the items and state if they agree or disagree. After the items have all been read, the DRB Chair will generally ask if there are any further comments. If you speak, you must state your name for the record and all comments must be directed to the DRB. Once all testimony and evidence has been heard, the hearing will either be closed or recessed to be continued at a later meeting. No further evidence or testimony may be given after a hearing has been closed.

14. How does the Development Review Board vote?

The Development Review Board (DRB) may vote to approve an application in Open Meeting, or they may opt to enter Deliberative Session (a private session permitted by 1 VSA 312) to further discuss the application and evidence prior to voting on a decision.

15. How are decisions issued?

Written decisions are not final until signed by the Chair of the Development Review Board. Decisions are mailed to owners and applicants by certified mail within 45 days of the meeting. Those who have signed in on the hearing sheet will be mailed the decision via regular mail, or by email if requested. The decision outlines: the facts and findings presented at the hearing, conclusions drawn, and conditions of approval (if approved). The Applicant must work with Planning Staff to make any necessary revisions and satisfy All Applicable Conditions of Approval before being eligible to file a plat and/or apply for a zoning permit.

All decisions of the DRB can be appealed by interested persons to the Environmental Division of the Superior Court within 30 days according to 10 VSA §8504. Participation at the hearing is generally prerequisite to the right to a subsequent appeal. Cases heard by the Environmental Division of the Superior Court are heard de novo, or as if they are being considered for the first time.

16. What are the public notification requirements?

State Statute (24 VSA §4464) guides how the Planning Office makes applicants, interested parties and the public aware of the hearing. The type of application determines the process used, some applications must be “warned,” while others must be “noticed.”

• Warned applications require a minimum of 15-days notice.
• Noticed applications require a minimum of 7-days notice.

Application	Warned	Noticed
Appeal	Yes	N/A
Boundary Line Adjustment	Yes	N/A
Conditional Use	Yes	N/A
Major Subdivision Final	Yes	N/A
Major Subdivision Preliminary	N/A	Yes
Major Subdivision Sketch	N/A	Yes
Minor Subdivision Final	Yes	N/A
Minor Sudvision Sketch	N/A	Yes
Planned Unit Development Final	Yes	N/A
Planned Unit Development Preliminary	N/A	Yes
Planned Unit Development Sketch	N/A	Yes
Site Plan	N/A	Yes
Variance	Yes	N/A

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1. How do I report hazardous road conditions?

During normal business hours (8:00 a.m. to 5:00 p.m.) hazardous road conditions can be reported to the DPW Office or Town Manager’s Office by calling 893‐6655. Outside of normal working hours, please call Police Dispatch at 893‐2424.

2. Is there a Winter Parking Ban?

Starting December 1st, an overnight winter parking ban will be in effect for all Town streets between the hours of 12:00 A.M and 8:00 A.M. This ban is strictly enforced. Vehicles violating the ban may be ticketed or towed if found to be interfering with snow removal operations.

3. Safe Roads at Safe Speeds?

It is important to note that the Town does not have a bare roads policy, and follows the practice of “Safe Roads at Safe Speeds.” During night‐time hours, and at temperatures below 18°F, salt used for road de‐icing will be less effective. To increase the salt’s effectiveness, magnesium chloride or other deicing agents may be added at colder temperatures. During extended cold weather, it is not uncommon to see snow packed roads for several days.

4. Can I plow snow into or across the Town Right-of-Way (ROW)?

The plowing, shoveling, or blowing of snow into or across any Town road is prohibited by State Law. Doing so creates unsafe travel conditions. Even small amounts of snow, freezing in the roadway, can cause loss of control or damage to a vehicle.

5. What can be in the Town Right-of-Way (ROW)?

The only items allowed in the Town ROW are driveways and mailboxes. Castles, forts, tunnels and other similar structures are not allowed in roadside snow banks. Basketball hoops, landscape fencing and features, rubbish and recycling containers do not belong in the ROW. These items pose a significant hazard to the safety of our residents as well as our snowplow drivers and equipment. The Town is not responsible for any such items in the ROW which may be damaged.

6. My mailbox was damaged by a snowplow; will the Town repair or replace it?

Mailboxes can be damaged by snow plowing operations for various reasons, such as poor visibility, the mailbox being buried in a snow bank, the sheer weight/volume of the snow being plowed, or the door of the mailbox being left open and sticking out into the road. The damage is not deliberate and in most cases unavoidable. While mailboxes have a blanket authorization to be located within the ROW, the responsibility to maintain, repair or replace mailboxes lies with the property owner. If a properly installed and maintained mailbox (according to DPW Specifications) is physically struck by the Town’s plow truck, a generic USPS Post Office approved mailbox will be provided at no cost to the property owner.

7. When will my street get plowed?

The first snowplowing priority is our major connectors and Class 2 highways. These are: Westford Road, Everest Road, Sanderson Road, Bear Trap Road, West Milton Road, Middle Road, North Road, East Road, Middle Road, Manley Road, Main Street and Lake Road. Snow and ice removal efforts during major storm events will be concentrated on these highways. The second snowplowing priority are minor collector streets such as Barnum Street, Herrick Avenue, Poor Farm Road, Woodcrest Circle and Hobbs Road. The third priorities are developments, dead end streets, dirt roads and cul‐de‐sacs. Efficiency of truck movements are designed into our plow routes. It typically take six to seven hours to complete two removal trips depending on the severity of the storm.

8. When will the sidewalks be cleared?

Sidewalks are cleared after streets have been plowed, to avoid repeat trips. The Town does not plow all sidewalks, only those contiguous to the town core. Depending on the severity of a storm, it usually takes about 8 hours to plow the entire sidewalk route.

9. Does the Town add salt to the winter sand pile?

No. State regulations require sand piles mixed with salt to be covered, and Milton does not have the infrastructure to keep its sand pile covered. Salt and sand are mixed on an as-needed basis.

10. Can I get sand from the Town for my driveway?

Yes. A small sand pile is available to residents and is located near the entrance to the Highway Garage at 15 Ice House Road (next to the dam). Residents are limited to one 5‐gallon pail per storm event. Use by and/or for commercial properties, snow plowing businesses, or property managers is prohibited.

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1. What are the permitting requirments for an accessory apartment (mother-in-law apartment)?

All single-family houses are allowed, per Vermont law, to have one accessory dwelling unit (ADU) on
their property. The dwelling unit can be attached to the principal structure
(the house), located in an accessory structure, or detached. However, the
landowner must obtain a zoning
permit and meet the following requirements:

1.     The ADU
must have provisions for independent
living, such as sleeping, food preparation, and sanitation.

2.     The ADU can
be up to 900 square feet or 30% of the total habitable floor area
of the house prior to creation of the ADU, whichever is greater.

3.     The ADU
cannot contain more than 2 bedrooms.

4.     The ADU
must meet applicable dimensional standards for the zoning district.

5.     The ADU
must meet parking requirements for residential uses.

6.     The ADU
must share a driveway with the
house.

7.     The
landowner must obtain a town or state water/wastewater
permit for the ADU.

8.     The landowner must live in the house or the
ADU.

2. Do I need a Zoning Permit to build a porch, deck or patio?

In many cases, permits are required if you are building a porch, deck or patio. See the below flow chart to see if a permit is required for your project.

3. Do I need a Zoning Permit to put up solar panels?

In some cases, you will need a zoning permit to put up solar panels. The diagram below explains whether or not you need a permit:

4. Do I need a Zoning Permit for a swimming pool?

Most swimming pools require a zoning permit. The chart below will explain whether or not you need one for you property.

5. Do I need a Zoning Permit for a fence?

For some fences, you will need a zoning permit. 

6. Do I need a zoning permit for a shed?

Some sheds are exempt from permitting; others are not.

7. Do I need a Zoning Permit for a home business or office?

There are three different classifications of home businesses in Milton's Unified Development Regulations: home office, home occupation, and home business.

8. Do I need a Zoning Permit for a sign?

Yes, a Zoning Permit is required for most signs. See Section 3015 of the Unified Development Regulations (PDF) for information regarding signs. Please contact the Zoning Administrator for any questions regarding signs.

9. When does a Zoning Permit expire?

Zoning Permits expire two years from the approval date. A Zoning Permit can be renewed for an additional year for an additional fee. If a renewal is required, contact the Department of Planning & Economic Development prior to the permit’s expiration.

10. Once construction associated with an approved Zoning Permit is complete, what is the next step?

A Certificate of Compliance is required for each approved Zoning Permit. Once submitted, the Zoning Administrator will perform an inspection of the construction ensuring the project meets the requirements of the Zoning Permit. If the Certificate of Compliance is approved, Staff will contact you via phone to return to the Town Office to file the certificate with the Town Clerk and pay applicable fees.

11. Can a Letter of Compliance be issued verifying that there are no outstanding permits or violations on a house/property be issued?

Although the issuance of a Letter of Compliance is common in some Vermont towns, the Town of Milton does not partake in this practice. The Town of Milton requires that a Certificate of Compliance be completed for each approved Zoning Permit. If you have a specific permit number, Staff can check to see if a Certificate of Compliance has been issued.

12. What are the fees associated with a Zoning Permit?

The fees for a zoning permit vary depending on your project. Please see the Zoning Fee Schedule (PDF) for information.

13. What are Impact Fees?

The Impact Fees are listed in the fee schedule. Commercial and industrial development are not subject to an impact fee. The Impact Fees are due upon Certificate of Occupancy Application. See the Impact Fee Ordinance (PDF) for additional information regarding Impact Fees.

14. Is a Zoning Permit needed for remodeling the inside of my single family home?

The Town of Milton does not require a Zoning Permit for interior improvements within a single family home. However, if your property is in the Special Flood Hazard District, you may need a Zoning Permit for some interior changes. Please contact the Planning and Economic Development office for further information.

15. When does a construction project require review by the Development Review Board (DRB)?

Planned Unit Developments, Minor and Major Conventional Subdivisions, Conditional Uses, Variances, Site Plans, and Appeals are some types of development that require review by the DRB.  See our Application Forms and Fees page for specific application fees. To learn more about the DRB, visit the DRB's page.

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1. I need to get a restraining order. How do I do that?

Abuse Prevention Orders, sometimes called TROs, are issued by the Family Court. If you are trying to obtain such an order during normal business hours, you need to go to:

Family Court
32 Cherry Street
Burlington, VT

After court hours, you can contact the Milton Police Department at 893-2424 for assistance. Vermont Family Court can be contacted at 802-651-1800.

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1. I need to get a copy of my accident report. Where do I go?

Police Officers have 30 days to conduct an investigation and file a report. In the event the accident reports are not at the front desk, it is suggested that you call the investigating Officer or the Officer in Charge.

2. How do I "press charges" against someone?

The State of Vermont actually brings charges. In criminal cases, the State of Vermont, through a State's Attorney, makes a decision whether to bring a charge. In some cases, the State's Attorney may bring a charge even if the victim is not cooperative or does not wish to cooperate.

3. Can you help me remember which officer i spoke to?

We strongly recommend that you ask for the Officer’s business card, or write down the Officer’s name. If you did not get the Officer’s name, you can email the Milton Police Department's Administrative Assistant or call the Milton Police Department between 8 a.m. and 4 p.m. (Monday through Friday) at 802-893-6171.

4. Where is my car?

Vehicles are usually towed because they were in violation of the Town Ordinances, State Laws or were towed from a privately owned lot, at the request of a property owner/agent. In any case, the company that towed the vehicle is required to contact our communications center and report the vehicle’s registration, make, date and location from where it was towed. You can email the Milton Police Department's Administrative Assistant or call the Milton Police Department between 8 a.m. and 4 p.m. (Monday through Friday) at 802-893-6171. After hours please contact 802-893-2424 for our 24-hour dispatch.

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1. I need to have my fingerprints taken. Can I do this at the Milton Police station?

If you are required by the court to provide fingerprints to the Milton Police Department, yes. If you are required to have your fingerprints taken for employment purposes, you need to call the Chittenden County Sheriff's Department at 802-863-4322 for an appointment. Please note that neither agency provides fingerprinting for immigration purposes. If you require such a service, please contact the U.S. Citizenship and Immigration Services office in St. Albans.

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1. My landlord/tenant and I are having a dispute about a civil matter. What can I do?

Tenant occupancy and property ownership are complex issues that are covered under Vermont Law. These issues are not covered under criminal law, and often police will respond to explain the legal issues or make referrals. Generally speaking, a tenant cannot be evicted from their property without cause. Landlords and property managers cannot deny access to the residence, electricity, heat, water, other utilities or property. You may obtain further information on the Champlain Valley Office of Economic Opportunity website. 

2. My roommate and I are having a dispute over property. What can I do?

Tenant occupancy and property ownership are complex issues that are covered under Vermont Law. These issues are not covered under criminal law, and often police will respond to explain the legal issues or make referrals. Generally speaking, a tenant cannot be evicted from their property without cause. Landlords and property managers cannot deny access to the residence, electricity, heat, water, other utilities or property. You may obtain further information on the Champlain Valley Office of Economic Opportunity website. 

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1. I need to get my property that is being held at Milton Police Department. How do I do that?

Evidence and property is stored in a secure location at the Police Department and can only be accessed by a very few people. You can call the Milton Police Department between 8 a.m. and 4 p.m. (Monday through Friday) at 802-893-6171.

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1. How do I register and pay for programs & activities?

Registration and payment (via credit/debit card) for programs and activities can be completed online with our new online registration portal. Alternatively you may complete a Program Registration Form and submit with check via postal mail, or with check/cash to the Milton Recreation office. Checks should be made payable to the Town of Milton. An after-hours drop box is located at the front entrance of the Milton Municipal Building.