The Role of the Planning Commission

1
Essentials of Local Land UsePlanning and
Regulation
2
Overview

• Introductory section discusses
• Origins of land use planning and regulation
• Land use planning and regulation in Vermont
• Todays legal structure

3
Origins of Land Use Planning and Regulation

• Land use planning is not a new idea
• Roman cities had two major streets that
  intersected at the center of commerce
• In U.S., earliest municipal plans were designed
  for Philadelphia (1682), Annapolis (1685), and
  Savannah (1733)
• Early plans reflected vision and aspirations of a
  few people todays plans involve extensive
  citizen participation

4
Origins of Land Use Planning and Regulation

• Contemporary planning originated in social
  welfare movements of early 20th century
• Sought to address environmental and public health
  concerns from heavy industries
• In 1916, first land use regulations were
  developed by New York City Council
• Early regulations established height and setback
  requirements and separated incompatible uses

5
Origins of Land Use Planning and Regulation

• Cities and towns across the country followed New
  York Citys example landowners soon challenged
  constitutionality of early regulations
• In 1926, U.S. Supreme Court upheld zoning
  ordinance from Euclid, Ohio
• Euclid regulations were typical of the time and
  separated uses based on compatibility

6
Origins of Land Use Planning and Regulation

• Today, Euclidian zoning has fallen out of favor
  as it segregates uses, requires more land and
  reliance on the automobile
• Nonetheless, the Euclid case remains the prime
  example of a communitys authority to plan for
  development and regulate land use

7
Land Use Planning and Regulation in Vermont

• In 1921, Vermont Legislature authorized
  municipalities to create planning commissions
• Early commissions could propose plans for public
  improvements, but had no authority over private
  projects.

8
Land Use Planning and Regulation in Vermont

• Ten years later, Legislature authorized zoning
• Created two boards a zoning commission and a
  board of adjustment
• Zoning commission would propose bylaws and
  boundaries for the districts
• Board of adjustment would deal with appeals from
  the administrative officer and grant special
  exceptions.
• It was 47 years before the Legislature completed
  another revision

9
Land Use Planning and Regulation in Vermont

• In 1960s, interstate highway system fueled
  economic development, increased focus on
  environmental protection and growth management.
• In 1968, Legislature established purposes for
  planning and zoning and prescribed contents of
  municipal plans.
• Many of these same requirements remain today

10
Land Use Planning and Regulation in Vermont

• In 1970, Act 250 ensured regulatory review by the
  state for major projects
• To this day, a project must comply with the
  municipal plan to obtain an Act 250 permit
• In 1988, Act 200 increased focus on coordination
  among municipalities, the regions, and the state

11
Land Use Planning and Regulation in Vermont

• In 2004, Act 115 improved the appeals process,
  created opportunities for affordable housing, and
  required regulations to be in conformance with
  the municipal plan by 2011
• In 2006, Act 183 provided incentives for
  development around town and village centers

12
Todays Legal Structure

• As provided in the Vermont Constitution, local
  governments may only undertake activities that
  are enabled by state law
• This is called Dillons Rule
• Fortunately, Vermont law provides extensive
  enabling legislation for a wide range of land use
  planning and regulation activities

13
Todays Legal Structure

• As provided in the Vermont Constitution, local
  governments may only undertake activities that
  are enabled by state law
• This is called Dillons Rule
• Fortunately, Vermont law provides extensive
  enabling legislation for a wide range of land use
  planning and regulation activities

14
Todays Legal Structure

• Chapter 117 of Title 24 (Vermont Planning and
  Development Act) provides requisite authority and
  serves as a guide to the process
• Department of Housing and Community Affairs
  publishes copies of the Act, also available
  through the regional planning commission

15
A Practical Introduction

• This presentation seeks to provide a practical
  introduction to the topic
• It does not cover all the topics, but provides a
  solid grounding in the fundamentals
• We begin with one of the most important topics,
  understanding roles and responsibilities

16
A Practical Introduction

• Subsequent chapters address planning
  fundamentals, implementation of the plan,
  procedural issues, and conducting effective
  meetings and hearings