Apr 25, 2009

Conceptual Approval does not authroize construction

Parks Commission members who claim that conceptual approval is the same as final approval are wrong. Conceptual approval has basis in law. Conceptual Approval does not authroize construction, or pre-development site work.

Definition of Conceptual Approval in law
Conceptual Approval, or Letter of Conceptual Approval, means approval of the concepts. Conceptual approvals are binding based upon the rules in effect at the time the conceptual application is filed on the public record. Construction and operation permits for each phase will be reviewed under the permitting criteria in effect when the application for conceptual approval was filed. A Conceptual Approval does not authorize construction.


DEFINITION AND USE OF CONCEPTUAL APPROVAL
Conceptual approval means the sanctioning or holding in favorable regard a general idea or non-specific notion of some proposed work. Conceptual approval does not automatically guarantee final approval of any subsequent submission. A conceptual approval of any project may be limited or further defined, in any manner the Commission members may wish.

Conceptual approval is understood to limit a proposal in terms of its general size, scale, materials and use. Any particular details shown in such a preliminary proposal need not be considered approved or denied unless specifically noted. With each conceptual approval granted, the final proposal, with details, shall be reviewed by the full Commission before the issuance of a permit for execution of the work.

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On Feb 16, 2009, at 12:02 PM, Wayne Gross wrote:
Over the last few years we have had at least two other groups that I can recall propose to build a disc golf course somewhere in the parks. Oakledge was one location that was proposed. The Commission did give tentative approval of an 18 hole course at Leddy-pending the completion of a final memorandum of agreement between the Club and the City. Hope this information is useful.
Wayne E. Gross
Director
Parks & Recreation

Was the final memorandum completed?
If not: And if you only had a tentative agreement, why did you move forward and clear land with dg people at Leddy?


wgross@ci.Burlington.vt.us

February 16, 2009 1:25:02 PM EST

The agreement was being discussed and the basic concepts of the club building it and being responsible for upkeep had been agreed to so the Commission felt it was reasonable for them to go ahead and start the work.
Wayne E. Gross
Director
Parks & Recreation