Town of Lyndon Zoning Bylaw Changes - 2009

Town Planning CommissionPublic Informational Meeting09December09

Presentation Highlights

Why are we doing thisOverview of State StatutePurpose of Town Zoning BylawsWhat is the Planning Commission and how are members selectedProcess for updating the BylawsChanges made in these Bylaw revisions

Why are we updating the bylaws

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24 Chapter 117 “Vermont Municipal and Regional Planning and Development Act” in July of 2004 which put Town Bylaws out of date

Vermont State StatuteChapter 117 of Title 24

Major changes in VSS 24 includeProtections for homeowners rightsModifications to some definitionsAffordable housing provisions needed in all bylawsAppeal process timelines and guidelines

Town of Lyndon Zoning Bylaws

The Purpose of these Bylaws:Provide orderly development for the Town in accordance with the Town PlanRegulate subdivision and uses of land and buildingsPreserve and conserve the natural environmentMitigate the tax burden on agricultural, forest, and other open landsProtect residential, agricultural and other areas from undue concentrations of population and buildingsHelp avoid traffic congestion

Town of Lyndon Zoning Bylaws

The Purpose of these Bylaws (continued):Maintain town characterMaintain the historic settlement patternsPromote the growth of the town consistent with the Town PlanEncourage economic development while preserving the environmentMaintain and enhance recreational opportunitiesEncourage and strengthen agricultural and forest industriesPromote the availability of safe, sanitary, affordable housing for residents

The Planning Commission

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 PlanWriting and revising the Zoning Bylaws

How did the current board get hereThe Planning Commission has 7 members and 1 ex offico Selectboard memberPlanning Commission members are appointed by the Town SelectboardPositions are staggered for 3 year termsMajority of the commission must live in the town

Why the Bylaw changes now?

In September of 2005 VSS Chapter 117 came into effectIn 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 planThe town plan was adopted in March of 2009

Timeline for adopting bylaw changes

Bylaw revisions have been taking place since the new Planning Commission members were appointed in MarchReport describing revisions to the bylaws was completed and a date for this public hearing was selected and warned in NovemberThe changes will be presented today and comments will be addressed, if there are major revisions another hearing will be requiredAfter reviewing public comments and making appropriate changes the bylaws will be presented to the SelectboardSelectboard 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 themSelectboard after at least two hearings will then either approve or disapprove changes

What are the bylaw changes?

Changes to the bylaws include:Changes to reference the appropriate section of Vermont State StatuteUpdating references to the Planning Commission as the ruling body on permit applications to reference the Development Review BoardUpdates to match review, comment, and appeal timelines required by VSSClarification 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 rightsUpdating and adding definitionsEnsure bylaws have provisions for affordable housing

What is next after these changes

These changes were made to meet current State StatuteOnce these changes are approved the Planning Commission will be revising the bylaws based on input from:

The CommunityThe Development Review BoardThe 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