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Implementing the

Municipal Plan

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Overview

• The plan is a vision that must be implemented

• Many methods of implementation

• Communities must work to find a local fit

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Two Basic Methods of Implementation

• Non-regulatory implementation

• Regulatory implementation

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Non-Regulatory Implementation

• How can we plan for land use without regulating it?

• Infrastructure planning for capital projects:- sewer system- sidewalk system- school location- park location- town green - other municipal facilities

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Non-Regulatory Implementation

• Tax increment financing- Special Tax for certain district for

enhanced services• Tax stabilization agreements

• Purchase of development rights

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Regulatory Implementation

• Many different types of regulatory review and levels of review

• Zoning regulations- Permitted uses- Conditional uses- Variances- Waivers

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Regulatory Implementation

•Site plan review

•Subdivision review

•Flood hazard regulations

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Zoning Regulations

• Classic “zone” sorting of uses• Designed to separate incompatible uses• Zones typically have consistent internal

standards, such as:- Dimensional standards- Setbacks- Density- Frontage- Minimum or maximum lot size- Parking and signage requirements

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Zoning: Permitted Uses

• List permitted uses in bylaw

• Can be permitted or denied by administrative officer- Ex: Single family residence

• Can be permitted in a residential district

• Can be prohibited in a forest conservation district

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Zoning: Permitted Uses

• Allows for paper trail

• Allows for basic review of project

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Zoning: Conditional Use Review

• Uses can be permitted “conditionally”

• Must meet certain standards

• More-intense review than permitted uses

• Typically looks at external impacts

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Zoning: Conditional Use Review

Review Criteria:

- Capacity of existing or planned community facilities (schools, wastewater, etc.)

- Character of the area affected- Traffic on nearby roads- Noise, vibration, dust, odor, other

bylaw standards

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Zoning: Variances

• Must have a provision on variances

• Must take directly from state law

• Allows applicant to ask AMP to modify local bylaw

• Requests can be frequent

• Approvals should NOT be frequent

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Variance Criteria

1. There are unique physical conditions (lot size, shape, etc.)

2. No possibility of developing lot in strict conformity with bylaw

3. Unnecessary hardship not created by applicant

4. Variance will not alter essential character of neighborhood

5. Will be the minimum deviation from the bylaw necessary

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Zoning: Waivers

• Less-restrictive requirements for bylaw modification than variances

• Allows AMP to permit development that doesn’t comply strictly with bylaw

• Need to specifically provide for in bylaw before granting

• Examples: handicapped access, fire safety

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Site Plan Review

• Conducted by AMP• Evaluates internal properties of site:

- Exterior lighting- Landscaping- Parking- Traffic access/flow- Signs

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Subdivision Review

• Ensures safe, useable division of parcels

• Works for today & for the future

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Subdivision Review

Review criteria:

• Minimum lot size • Appropriate lot size for district• Adequate vehicular access• Adequate infrastructure – fire

protection, roads, sidewalks, access to water/sewer

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Subdivision Review

Three Common Levels of review:

1. Sketch plan review2. Preliminary subdivision review3. Final subdivision review

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Zoning: Flood Hazard Regulations

• Can adopt as a stand-alone regulation

• FEMA will not insure properties without local flood hazard regulations

• Many municipalities that do not have zoning will have flood hazard bylaws

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Implementing the Plan Summary

• Two options: 1. Regulatory2. Non-regulatory

• Implementing the vision for a community should be more than simply zoning for a particular use

• No land use bylaw template – each community is unique