Vermont S 305: An act relating to making State-formed nonprofits subject to the Public Records Act

Bill Text

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VT LEG #385810 v.3
S.305 1
Introduced by Senators Ram Hinsdale, Brennan, Chittenden, Weeks and 2
Westman 3
Referred to Committee on 4
Date: 5
Subject: Conservation and development; housing; land use; Act 250; 6
municipal zoning; appeals; manufactured housing; Tier 1B; credit 7
score; common interest communities; Agency of Natural Resources; 8
permitting; CHIP 9
Statement of purpose of bill as introduced: This bill proposes to make multiple 10
changes related to land use and housing. 11
An act relating to housing and land use 12
It is hereby enacted by the General Assembly of the State of Vermont: 13
* * * Municipal Zoning * * * 14
Sec. 1. 24 V.S.A. § 4412 is amended to read: 15
§ 4412. REQUIRED PROVISIONS AND PROHIBITED EFFECTS 16
Notwithstanding any existing bylaw, the following land development 17
provisions shall apply in every municipality: 18
(1) Equal treatment of housing and required provisions for affordable 19
housing. 20

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* * * 1
(B) Except as provided in subdivisions 4414(1)(E) and (F) of this 2
title, no bylaw shall have the effect of excluding mobile homes, modular 3
housing, or prefabricated housing from any district that allows year-round 4
residential development in the municipality, except upon the same terms and 5
conditions as conventional housing is excluded. A municipality may establish 6
specific site standards in the bylaws to regulate individual sites within 7
preexisting mobile home parks with regard to distances between structures and 8
other standards as necessary to ensure public health, safety, and welfare, 9
provided the standards do not have the effect of prohibiting the replacement of 10
mobile homes on existing lots. 11
* * * 12
(E) Except for flood hazard and fluvial erosion area bylaws adopted 13
pursuant to section 4424 of this title, no bylaw shall have the effect of 14
excluding as a permitted use one accessory dwelling unit that is located within 15
or appurtenant to a single-family dwelling on an owner-occupied lot. A bylaw 16
shall require a single-family dwelling with an accessory dwelling unit to be 17
subject to the same review, dimensional, or other controls as required for a 18
single-family dwelling without an accessory dwelling unit. The criteria for 19
conversion of an existing detached nonresidential building to habitable space 20

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VT LEG #385810 v.3
for an accessory dwelling unit shall not be more restrictive than the criteria 1
used for a single-family dwelling without an accessory dwelling unit. 2
* * * 3
Sec. 2. 24 V.S.A. § 4303 is amended to read: 4
§ 4303. DEFINITIONS 5
The following definitions shall apply throughout this chapter unless the 6
context otherwise requires: 7
* * * 8
(42)(A) An area “served by municipal sewer and water infrastructure” 9
means an area within one-quarter mile of a road with water and sewer lines 10
where there is capacity or capacity is being added imminently to accommodate 11
housing or: 12
(i) an area where residential connections and expansions are 13
available to municipal water and direct and indirect discharge wastewater 14
systems and not prohibited by: 15
(I) State regulations or permits; 16
(II) identified capacity constraints; or 17
(III) municipally adopted service and capacity agreements; or 18
(ii) an area established by the municipality by ordinance or bylaw 19
where residential connections and expansions are available to municipal water 20
and direct and indirect discharge wastewater systems and which may exclude: 21

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VT LEG #385810 v.3
(I) flood hazard or inundation areas as established by statute, 1
river corridors or fluvial erosion areas as established by statute, shorelands, 2
areas within a zoning district or overlay district the purpose of which is natural 3
resource protection, and wherever year-round residential development is not 4
allowed; 5
(II) areas with identified service limits established by State 6
regulations or permits, identified capacity constraints, or municipally adopted 7
service and capacity agreements; 8
(III) areas served by sewer and water to address an identified 9
community-scale public health hazard or environmental hazard; 10
(IV) areas serving a mobile home park that is not within an area 11
planned for year-round residential growth; 12
(V) areas serving an industrial site or park; 13
(VI) areas where service lines are located to serve the areas 14
described in subdivisions (III)–(V) of this subdivision (ii), but no connections 15
or expansions are permitted; or 16
(VII) areas that, through an approved Planned Unit 17
Development under section 4417 of this title or Transfer of Development 18
Rights under section 4423 of this title, prohibit year-round residential 19
development. 20

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(B) Municipally adopted areas served by