Town Plan
What is a Town Plan ?

A Town Plan is a statement of the objectives, policies and programs that a community has chosen to guide its future growth and land use. Through state enabling legislation, towns may adopt four planning by-laws; a zoning ordinance, subdivision regulations, an official map and a capital budget and program.

The core of a Town Plan is land use. A map and inventory define current and prospective land uses, specifying forests, agriculture, recreation, residence, commerce, industry, flood plain, historic sites and other uses. Transportation, education and housing are other areas that towns frequently use.

Ideally, there are objectives for each land use area, developed through public input to the town planning commission. Each category of land use includes recommendations for implementing the town's objectives. The Town's zoning map and ordinances inforce the goals of the Master Plan.

How does it work?

A Town Plan is prepared by the town planning commission, or, at the town's request, by its regional planning commission. Open meetings, reports by planners to the public, field trips to study land suitability are all important to make the most of public invovlement.

A good town plan documents what is in the town's best interest and how to obtain it. A Town Plan is as strong and as useful as its community support. The clearer, more comprehensive and more specific the plan is, the more valuable a planning device.

What are its limitations?

The Federal Housing Act of 1954 authorized the government to make money available for municipal planning. Thius led to the production by professional planners of 'comprehensive' Town Plans on an assembly-line basis.

Plans produced for Vermont towns under this program varied greatly in usefulness. Many were conceived without realistic or understandable goals and implementable recommendations. A major problem was that most plans were based on urban land uses and needs, not rural ones. Unless your Town Plan has been updated, it may not adaquately address current town needs.

Where should you go for more information?

The best information on local town planning is available from your town office. Further guidance can be obtained from the Vermont League of Cities and Towns and the State Planning Office.

Zoning

What is Zoning?

Zoning, as outined in a town's Master Plan, involves the organization of the community into districts of specific permitted uses, such as agricultural, residential, commercial, industrial, flood plain, conservation, forest, and historic zones. Along with land use, zoning regulations establish guidelines for lot size, density (units per acre), signs, parking, and landscaping.

Zoning began in the early decades of the 20th century as an urban regulatory tool to manage growth and provide healthy living conditions, including light and air. Today, zoning is one of the more effective methods available to a municipality for the control of land use.

How Does It Work?

Effective zoning regulations can identify areas of future growth while providing protection of existing village and rural areas. The legislative framework for zoning is defined in the Municipal and Regional Planning Act of 1976.

What Does It Do?

While zoning is primarily concerned with new construction, it can also affect a town's historic buildings by providing special guidelines for building re-use. If a town undertakes a preservation plan, zoning regulations should be examined carefully to assure coordination with management of historic resources.

What Are Its Limitations?

Like a Town's Master Plan, zoning regulations should be realistic in terms of goals and have provisions for enforcement. The granting of too many variances can diminish the effectiveness of zoning in enforcing objectives that town citizens have mandated in their plan for development.

Where To Go For Information?

Zoning regulations for your community can be obtained from your town offices. Additional information is available from the municipally appointed local Zoning Board and the appropriate Regional Planning Office.

Design Review Districts

What are Design Review Districts?

Since the 1930'stowns throughout the country have conserved the appearance of areas of important buildings through local historic district legislation. These historic districts usually are administered by local Historic District Commissions, which review applications for changes and enforce the ordinances.

In Vermont, there is currently no state enabling legislation which would allow towns to establish historic districts. Instead, the Vermont Planning and Development Act, passed in 1968, allows towns to designate Design Control Districts under their Town Plan or zoning ordinance. While legally the term "Design Control" is used, in practice this term has been replaced with the more accurate term "Design Review".

How are they established?

Before a Design Review District may be established, the town planning commission must prepare a report describing the planning and design issues that may affect the structures in the area designated in the district. A town may then enforce the report's findings by utilizing the provisions of Act 250, Vermont's Land Use and Development Law, to protect against development that may have an adverse effect on scenic beauty and historic sites. As an added measure of protection, the commissions report may be amended to the Town Plan.

Alternatively a town may include design review districts in their zoning regulations after a public hearing and approval by proper town officials. Under this approach a design review board is appointed to advise the town planning commission.

What are the benefits?

Many Vermont towns still have a charm that not only makes them desirable places to live, but also attracts visitors and shoppers which may boost the local economy. By establishing Design Review Districts, communities may protect their historic buildings and set standards to maintain aspects they feel are important in their common environment.

What are the limitations?

At the present time very few Vermont communities have Design "Control" Districts, perhaps due to negative public perceptions about the term "control". In response, bills have recently been introduced into the legislature that would allow communities to establish historic districts and historic district review commissions.

Also because the review process is designed to conserve important building features in a district, the review board should be composed of members knowledgeable in areas such as planning, archicture and history.

These local design control districts and historic districts should not be confused with National Register Historic Districts. National Register Historic Districts may protect against undesirable federally funded changes, but place no restrictions on alterations by individual property owners. (See National Register of Historic Places, page.)

Where can we get more information?

For asistance contact your Regional Planning Commission. The Windham Regional Planning and Development Commission has published A Guidebook for Preparing a Design Control District. For helpful advice you may wish to contact planning officials in Old Bennington, Manchester Center, Montpelier, Calais, Burlington, and St. Johnsbury.

Act 250

What is Act 250?

Act 250 is a state law adopted by the Vermont legislature in 1970 to establish a regulatory and review process enforcing the development goals of the state. The law, which requires a land-use permit for development is designed to protect the state's overall enviroment and help towns negotiate with developers. It is not intended to stop or hinder sound development or limit the freedom of any persons wishing to sell or purchase land. The goals of the law's review process are to raise the quality and effectiveness of local and regional planning ; to protect existing public investments; to provide protection of Vermont's physical enviroment from harmful development damage. The law addresses major development and subdivision plans for the state of Vermont.

How does Act 250 work?

Developers must file an application with the Regional Environmental Commission for approval. The Commission reviews each project for its impact on the town and the affect on natural resources and environment. The growth in population is also considered during the review process. If any applicant is disatisfied with the decision from the District Environmental Commission they may appeal to the State Environmental Board , State Superior Court or, if necessary, the State Supreme Court. Because the Town Plan is considered by the Commission when reviewing development applications, an updated plan is most helpful.

Where is Act 250 effective?

Act 250 is a comprehensive development regulatory law written to address environmental issues in Vermont. Although it is not applicable to other states, it has proven to be a model for similar laws and policies nationwide. Examples of projects which have been reviewed under Act 250 are extensive. Since all major development projects after 1970 have been reviewed under the law, examples of granted permits can be found statewide. Towns such as New Haven, Brookfield, and Williston have had proposed projects found to have possible adverse effects on the local environment.

What are the limitations of Act 250?

Although the overall impact of Act 250 has been positive, it has limitations. The District Environmental Commission has the authority to accept an application despite a towns objection.

Where is more information available?

Call your District Environmental Office for information on projects requiring Act 250 permits. They are listed in the reference of this this booklet.

Scenic Roads Program

What is the Scenic Roads Program?

The Scenic Road Law adopted by the Vermont Legislature in 1977 enables local officials and town residents to participate in the process of designating town-owned routes as scenic roads. The Scenic Roads Program, formed under the direction of the Vermont Scenery Preservation Council and the State Transportation Board, is designed to identify, manage and protect sp[ecial and attractive, natural and man-made qualities of Vermont's rural roadways.

How Does It Work?

A town scenic road program may be initiated by private citizens, regional or local planners or selectment by it is important to involve all of these groups in the process. The program guidelines and standards are based on a detailed survey of area roads which examines features such as forest and agricultural patterns, panoramic and scenic views, terrain and contour and man-made and natural focal points. Those roads chosen to be to be of scenic importance are recommended to the Board of Selectmen or appropriate officals, who in turn hold a public hearing to receive comments on the proposals. Once a road achieves scenic status, subsequent maintainence and reconstruction work must conform to standards established by the state Transportation Board, which eamine material changes in width,alignment,surface grade,elevation and ditch lines.

What are the program's benefits?

The Scenic Roads Program provides a method of local control to guide changes to town roadways and may help protect important features such as bridges, stone walls, or lines of trees near the roadbed. A designated scenic road may also attract tourists and visitors to local area.

The survey data collected during the process is useful to planners and road commissioners and be incorporated into the town plan. Road crews may also use the data to avoid damaging other special areas identified in the survey.

What are the limitations?

While the Scenic Road Program may be valuable for managing changes to roads and roadbeds, it does not restrict development of adjacent land and therefore to be effective it must be coupled with other land-use methods to preserve scenic vistas. To retain open agricultural land the Use Value Appraisal program may help stabalize tax rates for local farmers and keep farmland active. Other metods such as easements and Transfer of Development Rights may also be possibilities.

Ironically, the largest limitation of the Scenic Roads Program is underuse. Despite available assistance and clear guidelines, no Vermont town has utilized the program. The reasons most given by public and private officals are fear of restrictions to the roads, a lack of financial incentive and a general lack of knowledge about the program's existence.

Where can I go for more information?

To begin the process and gather preliminary information concerning the Scenic Roads Program contact your District Transportation Office. They will be able to provide visual and printed materials necessary to make the endeavor a success.

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The Vermont Heritage Network
The University of Vermont Historic Preservation Program
Wheeler House, University of Vermont
Burlington, VT 05405
(802)656-3180
http://www.uvm.edu/~vhnet
E-mail To: vhnet@zoo.uvm.edu