Town of Lyndon Zoning Bylaw Changes Town Planning Commission Public Informational Meeting 09December09

Why are we doing this Overview of State Statute Purpose of Town Zoning Bylaws What is the Planning Commission and how are members selected Process for updating the Bylaws Changes made in these Bylaw revisions

State of Vermont update State Statute 24 Chapter 117 “Vermont Municipal and Regional Planning and Development Act” in July of 2004 which put Town Bylaws out of date

Major changes in VSS 24 include Protections for homeowners rights Modifications to some definitions Affordable housing provisions needed in all bylaws Appeal process timelines and guidelines

The Purpose of these Bylaws: Provide orderly development for the Town in accordance with the Town Plan Regulate subdivision and uses of land and buildings Preserve and conserve the natural environment Mitigate the tax burden on agricultural, forest, and other open lands Protect residential, agricultural and other areas from undue concentrations of population and buildings Help avoid traffic congestion

The Purpose of these Bylaws (continued): Maintain town character Maintain the historic settlement patterns Promote the growth of the town consistent with the Town Plan Encourage economic development while preserving the environment Maintain and enhance recreational opportunities Encourage and strengthen agricultural and forest industries Promote the availability of safe, sanitary, affordable housing for residents

What is the role of the planning commission? In general the planning commission is responsible for setting local land use policy. This includes: Preparing the Town Plan Writing and revising the Zoning Bylaws How did the current board get here The Planning Commission has 7 members and 1 ex offico Selectboard member Planning Commission members are appointed by the Town Selectboard Positions are staggered for 3 year terms Majority of the commission must live in the town

In September of 2005 VSS Chapter 117 came into effect In addition the Act 115 “savings clause” came into effect. It states: The provisions of 24 V.S.A. Chapter 117 and the definitions in 24 V.S.A. will control over ANY inconsistent provisions in the municipal bylaws That was Sept 2005 why did it take so long? Before any bylaw changes could occur we needed an adopted municipal plan The town plan was adopted in March of 2009

Bylaw revisions have been taking place since the new Planning Commission members were appointed in March Report describing revisions to the bylaws was completed and a date for this public hearing was selected and warned in November The changes will be presented today and comments will be addressed, if there are major revisions another hearing will be required After reviewing public comments and making appropriate changes the bylaws will be presented to the Selectboard Selectboard will hold the first of two public hearings not less than 30 days nor more than 120 days after the bylaws have been submitted to them Selectboard after at least two hearings will then either approve or disapprove changes

Changes to the bylaws include: Changes to reference the appropriate section of Vermont State Statute Updating references to the Planning Commission as the ruling body on permit applications to reference the Development Review Board Updates to match review, comment, and appeal timelines required by VSS Clarification of requirements (adding a table to the subdivision section for example to clarify review timelines and requirements) Ensuring we had updated provisions to ensure homeowner’s rights Updating and adding definitions Ensure bylaws have provisions for affordable housing

These changes were made to meet current State Statute Once these changes are approved the Planning Commission will be revising the bylaws based on input from: The Community The Development Review Board The Selectboard The Commission does not know now what these changes will be only that a review of the bylaws will take place for changes beyond the reference changes presented now