Planning Commission Report on Repeal of Zoning Bylaws

Written by Town of Weathersfield

Tuesday, 02 February 2010 18:23

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 section §4444 of this title, Statement of Purpose: The purpose of this action is to repeal in their entirety the Town’s Zoning Bylaws. This action is being called for by a petition of not less than 5% of the registered voters of the Town of Weathersfield. (A)nd shall include findings regarding how the proposal: 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: Conformance with the Town Plan: Opinion 1: It is the opinion of the Planning Commission that this action is not in conformance with the Town Plan and will not further the Goals and Objectives of said Plan.  The Goals and Objectives call for the preservation of pleasant living conditions by providing a separation of land uses (e.g. commercial & industrial areas from residential areas). This is the very foundation of zoning and one which cannot be replicated by other ordinances or by Act 250.  The Land Use element of the Plan calls for the preservation of historical development patterns of mixed-use village areas surrounded by open land, agriculture, forest, and low-density residential uses.  This will be impossible to achieve without local zoning. Other goals and objectives that are dependent on local zoning include: Energy: Implement land use patterns that promote the most energy efficient use of energy Education: Promote a balance of residential and commercial properties to prevent an overload on the costs for educational, municipal, and infrastructure services. Natural, Scenic & Historic Resources: *   Protect and enhance the quality of surface waters and groundwater, including their sources, especially from impacts of development.  (The state has been unable to pass a universal stream buffer law.  Thus, only our local zoning bylaws can fulfill this goal.) * Protect and preserve wetlands - enforcement of the state’s wetlands rules is through complaint only.  Thus there would be limited protection, resulting in the need for wetland repair after the damage has occurred.  The success of wetland repair is dubious and limited at best.  Protection through Act 250 intervention will only occur if an Act 250 permit is required. * Protection of all of the other natural resources listed in the Plan will not occur unless an Act 250 permit is required. * Pond design is regulated through zoning.  The primary focus of the bylaw is safety for life and property, but it also ensures that roads are not damaged in the event of a breach, thus protecting public investment. Effect of the proposal on the availability of safe and affordable housing: Local zoning has limited effect on the availability of safe and affordable housing. Is compatible with the proposed future land uses and densities of the municipal plan: The removal of local zoning will have an adverse effect on the proposed future land uses and densities called for in the plan by completely removing the Town’s ability to direct development patterns and establish development densities. Carries out, as applicable, any specific proposals for any planned community facilities.” There are no planned community facilities at this time. < Prev   Next >