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Implementing the Municipal Plan

Implementing the Municipal Plan. Overview. The plan is a vision that must be implemented Many methods of implementation Communities must work to find a local fit. Two Basic Methods of Implementation. Non-regulatory implementation Regulatory implementation. Non-Regulatory Implementation.

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Implementing the Municipal Plan

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  1. Implementing the Municipal Plan

  2. Overview • The plan is a vision that must be implemented • Many methods of implementation • Communities must work to find a local fit

  3. Two Basic Methods of Implementation • Non-regulatory implementation • Regulatory implementation

  4. 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

  5. Non-Regulatory Implementation • Tax increment financing - Special Tax for certain district for enhanced services • Tax stabilization agreements • Purchase of development rights

  6. Regulatory Implementation • Many different types of regulatory review and levels of review • Zoning regulations - Permitted uses - Conditional uses - Variances - Waivers

  7. Regulatory Implementation • Site plan review • Subdivision review • Flood hazard regulations

  8. 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

  9. 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

  10. Zoning: Permitted Uses • Allows for paper trail • Allows for basic review of project

  11. Zoning: Conditional Use Review • Uses can be permitted “conditionally” • Must meet certain standards • More-intense review than permitted uses • Typically looks at external impacts

  12. 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

  13. 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

  14. Variance Criteria • There are unique physical conditions (lot size, shape, etc.) • No possibility of developing lot in strict conformity with bylaw • Unnecessary hardship not created by applicant • Variance will not alter essential character of neighborhood • Will be the minimum deviation from the bylaw necessary

  15. 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

  16. Site Plan Review • Conducted by AMP • Evaluates internal properties of site: - Exterior lighting - Landscaping - Parking - Traffic access/flow - Signs

  17. Subdivision Review • Ensures safe, useable division of parcels • Works for today & for the future

  18. 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

  19. Subdivision Review Three Common Levels of review: • Sketch plan review • Preliminary subdivision review • Final subdivision review

  20. 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

  21. Implementing the Plan Summary • Two options: • Regulatory • 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

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