What Has Changed in the Town Plan?
by Dean Bloch

Planning Commission Edd Merritt’s frothy description of the updating of the Town Plan (The Charlotte News, August 23) was a quenching read—but, as an erstwhile home-brewer myself, I will avoid his brewing analogy, perhaps out of fear of a boil-over or, worse yet, contamination! “What has changed in the proposed Town Plan?” you are, of course, wondering. The basic format of the plan has stayed the same as the last plan (which actually wasn’t too different from the 1995 plan). The thinking of the Planning Commission was that if it isn’t broken... There are, however, a few new statutory requirements as well as some changes in town that have warranted some updates, and these have been addressed in the draft amendment. I will briefly describe each chapter of the plan and highlight the main changes.

It should first be understood that the Town Plan is meant to be a “concept” or “vision” document. It provides the foundation for the Land Use Regulations as well as other regulations that the town may wish to adopt what actually implement the “vision.” Having said that, the Town Plan does play a role in the Act 250 and Act 248 processes for larger projects within town and directly adjacent to the town. The Town Plan can also provide a road-map for changes to the town—however, this role should focus primarily on land-use issues.

Chapter 1 explicitly introduces the term “features with high public value;” this term is currently used in the Land Use Regulations (which were approved by the town in March 2006). The Town Plan is supposed to be compatible with and support the Land Use Regulations, so there was a need to expand on this idea within the Town Plan. Section 1.2 also updates the recent history of town-planning efforts and provides the statutory requirements for Town Plans (primarily Title 24, Sections 4302, 4350 and 4382 V.S.A.).

Chapter 2 outlines the primary land-use goals of the town. A goal that was added here is “Keep gravel roads as gravel roads.” Some of these goals may be considered akin to “mom and apple pie,” but it is important to establish an overall vision and context for the policies and strategies later on in the plan.

Chapter 3 provides a brief history of the town. No changes are proposed other than a few grammatical ones.

Chapter 4 (pages 15-93) is the “meat and potatoes” of the plan. This chapter describes Charlotte as we know it today, with a little historical data sprinkled in. When new population and housing data are released from the U.S. Census Bureau or the Vermont Department of Health, these figures are incorporated here. However, we are currently between census years, so not much new information has been available since the 2002 plan. Locally generated figures regarding the schools, housing, roads and taxes have been updated. This chapter also includes descriptions of valued agricultural, scenic and natural resources, as well as administrative aspects of town and regional government. Section 4.2.2 provides an expanded examination of housing affordability issues. It is noted, for example, that the average sales price for a house in town went from $347,040 in 2000 to $483,400 in 2006, a 39% increase, which over six years amounts to a 6.5% average annual increase.

Section 4.3 includes a report of the Charlotte Business and Economic Planning Committee (issued in 2003), which was created as the result of a strategy statement in the 2002 Town Plan. The report underscores the “small-business” nature of the town’s economy and provides some ideas for assisting such businesses.

Section 4.4 might be the “heart” of the plan, for it describes various aspects of “The Land.” Discussion of the villages (east and west) has been expanded, although, as most of the town is rural, it is rural issues that receive the most coverage. The rationale for clustering development, as opposed to subdividing into large lots, is provided here. An interesting comparison of participation in the “current use” property tax program between 2001 and 2007 shows the number of parcels in the program has increased by 50% while the value of property in the program has doubled.

A description of the “Burns Property planning process” has been augmented in Section 4.6, as has a description of child care services in town—this latter being required by statute. A brief description of trail planning is included in Section 4.7.4. The Energy section, which is required by statute, has been expanded in Section 4.8 and reflects the articles voted at Town Meeting 2003 in support of legislative initiatives to promote energy efficiency and joining the “10% Challenge.”

Chapter 5, though shorter than Chapter 4, is the “essence” of the plan. If you don’t have much time but you want to get a sense of what the plan really means, read Chapter 5, “Charlotte Tomorrow,” starting on page 94. The policies have the most legal weight in Environmental Court, Act 250 and Act 248 proceedings. The strategies indicate how the town can attain the goals described within the plan; they are “action steps” that create a “roadmap” to make Charlotte even better than it is today.

Some strategies from previous Town Plans have resulted in changes being made to the Land-Use Regulations—and to the extent that those strategies are no longer relevant, they have been removed.

Section 5.1.1 refers to “hamlets,” a new term in the plan, defined in policy 1 (in Chapter 7). “Charlotte supports a land use plan which fosters a pattern of small, concentrated settlements in the village and hamlet areas, along with the preservation of agricultural and other features of high public value outside of the villages and hamlets. The Town will attempt to direct the majority of future growth into village areas and existing and new hamlets, so as to reinforce the historic pattern of compact settlements surrounded by rural, open land.” This policy represents the underlying theme of the Town Plan. In Section 5.1.2 a policy recommends “converting the Commercial/Light Industrial District on Route 7 and East Thompson’s Point Road into Rural District.” This change has been discussed in town for many years. This area has now been conserved (by the Hinsdales) with an allowance for a commercial farm stand—so changing the classification to Rural District will now be in alignment with its restricted status. Section 5.2.2 includes several new policies and strategies regarding affordable housing. It is noted that the Affordable/Senior Housing Committee that was appointed by the Selectboard in 2002 has implemented many of the responsibilities it was charged with in the 2002 Town Plan. However, the creation of affordable housing has been minimal, despite diligent efforts. Considering this difficulty, it appears additional efforts will likely be needed to address this long-held goal.

Section 5.4 provides policies and strategies related to agriculture. The promotion of agriculture has long been an important goal in town—yet farming’s economic viability is affected by many factors outside the regulatory/land use process. Nevertheless, this section proposes several policies and strategies to support this goal. Perhaps the strongest statement in support of this goal is Rural Areas Policy 1 of Section 5.1.2, which states: “Areas of High Public Value will be avoided and protected from negative impacts of development where possible. When avoidance is not possible, impacts will be minimized and mitigated. When impacts are not able to be sufficiently minimized and/or mitigated, development will not be allowed.” Arguably such strength is needed to keep Charlotte’s rural qualities, which many residents have indicated should be a priority.

In Section 5.6, outdoor lighting is addressed. Also, a new policy reflects a change in the Future Land Use Map (Map No. 3) by stating, “The importance of the scenic qualities along the northern portion of Route 7 warrants the special treatment and protection provided by the Route 7 Scenic Overlay District.” This policy supports the overlay district that was added to the Land Use Regulations in 2006, which provides a greater level of review of development within 1,000 feet of either side of Route 7 from the Shelburne town line to just south of Church Hill Road.

It was recently brought to our attention that a proposed policy in Section 5.8.8 is in conflict with the Land Use Regulations. This policy (which was also in the 2002 Town Plan) states “Crossing of Town roads with private force mains or other water or sewer utility lines shall not be permitted except to provide sewage disposal for existing failed systems for which no other feasible alternatives are available. In general, private utility lines shall not be permitted in Town road rights-of-way.” The Land Use Regulations allow such crossings within village districts and to serve proposed Planned Residential Development subdivisions (PRDs) as well as failed septic systems. The Planning Commission welcomes your feedback on this issue.

Section 5.9 includes policies and strategies related to transportation; many of these support “alternative” modes of transportation, including the creation of bicycle lanes and multi-use trails. Section 5.10 provides new policies and strategies related to energy use. Chapter 6 provides a five-year timetable for implementing strategies in the plan. This list does not include every strategy within the plan, but has those deemed by the Planning Commission to be the most important. Several strategies have been removed from the 2002 Town Plan’s timetable because they have been accomplished! Some have been removed in order to allow more focus on those remaining.

Chapter 7 is a glossary in which the following terms were added: “areas of high public value,” “hamlet” and “natural community.” “Open space” and “wetland” have been modified.

Following Chapter 7 are 17 maps—all of these were in the 2002 Town Plan. The only change is to the Future Land Use Map (#3), to which the Route 7 Scenic Overlay District was added, and the Commercial/Light Industrial District at the corner of Route 7 and East Thompson’s Point Road was changed to Rural District. An eighteenth map depicting land that has been conserved as well as town-owned and state-owned land will be added as well.

Responses to the surveys conducted in 2006 and 1999 complete the plan. Both sets of responses indicate that residents clearly treasure the town’s rural character—yet many are also concerned about the high cost of land and taxes.

Finally, a brief description of the adoption and approval processes seems in order. The statutory provisions for Town Plans (Title 24, Section 4350 and 4382, V.S.A.) distinguishes between “adoption” and “approval.” The adoption process consists of the town’s adopting the plan, whereas the approval process consists of the Chittenden County Regional Planning Commission’s (CCRPC) approving the plan.

Adoption of the plan requires the following steps. The Planning Commission will hold a public hearing on September 6 at 7:30 p.m. at the Town Hall. The Selectboard will hold two public hearings this fall, each of which will be warned separately. Then the town will vote (by Australian ballot) on Town Meeting Day in March. To approve of the plan, a subcommittee of CCRPC will hold a public hearing on September 10 at 5:45 p.m. at the Town Hall. Then the whole CCRPC board will vote whether or not to approve the plan at its next meeting.

Copies of the draft Town Plan are available at Town Hall, and it also can be viewed at the library and on the town’s website, charlottevt.org. It is important that people participate at this time, as the Town Plan may affect future plans that you (or your neighbor) may have to develop your (or their) property.