Wednesday, June 15, 2016

Planning Commission Reporting Form for Municipal Bylaw Amendments


Planning Commission Reporting Form

for Municipal Bylaw Amendments

 

This report is in accordance with 24 V.S.A. §4441(c) which states:

 

“When considering an amendment to a bylaw, the planning commission shall prepare and approve a written report on the proposal. A single report may be prepared so as to satisfy the requirements of this subsection concerning bylaw amendments and subsection 4384(c) of this title concerning plan amendments.…. The report shall provide(:)

 

(A) brief explanation of the proposed bylaw, amendment, or repeal and ….include a statement of purpose as required for notice under §4444 of this title,

 

 

 

(A)nd shall include findings regarding how the proposal:

 

  1. Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing:

The proposed revision involves changes to the boundaries of the Village District, and some land has been added. Minimum lot size has been reduced to .5 acre. No new districts were created.

Other technical changes to the bylaw involve clarification on state jurisdictions, such as the Shoreland Development Act, which took effect in 2014, as well as changes to land use definitions and other provisions in order to eliminate conflict with FEMA requirements in the flood hazard regulations. Other changes include provisions to home occupations and signage, as well as the review process for boundary line adjustments.

 

  1. Is compatible with the proposed future land uses and densities of the municipal plan:

The proposed bylaw revisions support the Town Plan’s stated needs: “To provide for higher density and more affordable housing opportunities through higher densities in village zones, the need to encourage creative design and mixed use plans in the village district (particularly Peacham Corner)…” and “to encourage a more simplified or ‘user-friendly’ zoning and planning process.”

 

 

  1. Carries out, as applicable, any specific proposals for any planned community facilities.”

There is no plan for a community facility, nor do we anticipate that the proposed zoning change will create such a need. Lands to be developed in the Village District will still need to meet the requirements of the state regulations for onsite septic systems, and the town has no intention to build a municipal wastewater system.

 

 

Please Note:

 

  • The planning commission shall hold at least one public hearing within the municipality after public notice on any proposed bylaw, amendment or repeal and;
     
  • At least 15 days prior to the first hearing, a copy of the proposed plan or amendment and the written report shall be delivered with proof of the receipt, or mailed by certified mail, return receipt requested, to each of the following:
     

  1. the chairperson of the planning commission of each abutting municipality, or in the absence of any planning commission in an abutting municipality, to the clerk of that abutting municipality;
  2. the executive director of the regional planning commission of the area in which the municipality is located;
  3. the Department of Economic, Housing and Community Development within the Agency of Commerce and Community Development.
     

  • The planning commission may make revisions to the proposed bylaw, amendment, or repeal and to the written report, and shall then submit the proposed bylaw, amendment or repeal and the written report to the legislative body of the municipality.  If requested by the legislative body or supported by petition the planning commission shall promptly submit the amendment with changes only to correct technical deficiencies, together with any recommendations.
     
  • Simultaneously, with the submission, the planning commission shall file with the clerk of the municipality a copy of the proposed bylaw, amendment, or repeal, and the written report for public review.
     

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