Vermont § 4382 - The plan for a municipality

§ 4382. The plan for a municipality

• (a) A plan for a municipality shall be consistent with the goals established in section 4302 of this title and compatible with approved plans of other municipalities in the region and with
  the regional plan and shall include the following: (1) A statement of objectives, policies, and programs of the municipality to guide the
  future growth and development of land, public services, and facilities, and to protect
  the environment. (2) A land use plan, which shall consist of a map and statement of present and prospective
  land uses, that: (A) Indicates those areas proposed for forests, recreation, agriculture (using the agricultural
  lands identification process established in 6 V.S.A. § 8), residence, commerce, industry, public and semi-public uses, and open spaces, areas
  reserved for flood plain, and areas identified by the State, the regional planning
  commission, or the municipality that require special consideration for aquifer protection;
  for wetland protection; for the maintenance of forest blocks, wildlife habitat, and
  habitat connectors; or for other conservation purposes. (B) Sets forth the present and prospective location, amount, intensity, and character
  of such land uses and the appropriate timing or sequence of land development activities
  in relation to the provision of necessary community facilities and service. (C) Identifies those areas, if any, proposed for designation under chapter 76A of this
  title and for status under 10 V.S.A. §§ 6033 and 6034, together with, for each area proposed for designation, an explanation of how the
  designation would further the plan’s goals and the goals of section 4302 of this title, and how the area meets the requirements for the type of designation to be sought. (D) Indicates those areas that are important as forest blocks and habitat connectors and
  plans for land development in those areas to minimize forest fragmentation and promote
  the health, viability, and ecological function of forests. A plan may include specific
  policies to encourage the active management of those areas for wildlife habitat, water
  quality, timber production, recreation, or other values or functions identified by
  the municipality. (3) A transportation plan, consisting of a map and statement of present and prospective
  transportation and circulation facilities showing existing and proposed highways and
  streets by type and character of improvement, and where pertinent, parking facilities,
  transit routes, terminals, bicycle paths and trails, scenic roads, airports, railroads,
  and port facilities, and other similar facilities or uses, with indications of priority
  of need. (4) A utility and facility plan, consisting of a map and statement of present and prospective
  community facilities and public utilities showing existing and proposed educational,
  recreational and other public sites, buildings and facilities, including hospitals,
  libraries, power generating plants and transmission lines, water supply, sewage disposal,
  refuse disposal, storm drainage, and other similar facilities and activities, and
  recommendations to meet future needs for community facilities and services, with indications
  of priority of need, costs, and method of financing. (5) A statement of policies on the preservation of rare and irreplaceable natural areas,
  scenic and historic features, and resources. (6) An educational facilities plan consisting of a map and statement of present and projected
  uses and the local public school system. (7) A recommended program for the implementation of the objectives of the development
  plan. (8) A statement indicating how the plan relates to development trends and plans for adjacent
  municipalities, areas, and the region developed under this title. (9) An energy plan, including an analysis of energy resources, needs, scarcities, costs
  and problems within the municipality, a statement of policy on the conservation of
  energy, including programs, such as thermal integrity standards for buildings, to
  implement that policy, a statement of policy on the development of renewable energy
  resources, a statement of policy on patterns and densities of land use likely to result
  in conservation of energy. (10) A housing element that shall include a recommended program for public and private
  actions to address housing needs and targets as identified by the regional planning
  commission pursuant to subdivision 4348a(a)(9) of this title. The program shall use data on year-round and seasonal dwellings and include specific
  actions to address the housing needs of persons with low income and persons with moderate
  income and account for permitted residential development as described in section 4412 of this title. (11) An economic development element that describes present economic conditions and the
  location, type, and scale of desired economic development, and identifies policies,
  projects, and programs necessary to foster economic growth. [Subdivision (a)(12) effective until January 1, 2028; see also subdivision (a)(12)
  effective January 1, 2028 set out below.] (12)(A) A flood resilience plan that: (i) identifies flood hazard and fluvial erosion hazard areas, based on river corridor
  maps provided by the Secretary of Natural Resources pursuant to 10 V.S.A. § 1428(a) or maps recommended by the Secretary, and designates those areas to be protected,
  including floodplains, river corridors, land adjacent to streams, wetlands, and upland
  forests, to reduce the risk of flood damage to infrastructure and improved property;
  and (ii) recommends policies and strategies to protect the areas identified and designated
  under subdivision (12)(A)(i) of this subsection and to mitigate risks to public safety,
  critical infrastructure, historic structures, and municipal investments. (B) A flood resilience plan may reference an existing local hazard mitigation plan approved
  under 44 C.F.R. § 201.6. [Subdivision (a)(12) effective January 1, 2028; see also subdivision (a)(12) effective
  until January 1, 2028 set out above.] (12)(A) A flood resilience plan that: (i) identifies flood hazard and fluvial erosion hazard areas, based on river corridor
  maps provided by the Secretary of Natural Resources pursuant to 10 V.S.A. § 1428(a) or maps recommended by the Secretary, and designates those areas to be protected,
  including floodplains, river corridors, land adjacent to streams, wetlands, and upland
  forests, to reduce the risk of flood damage to infrastructure and improved property;
  and (ii) recommends policies and strategies to protect the areas identified and designated
  under subdivision (12)(A)(i) of this subsection and to mitigate risks to public safety,
  critical infrastructure, historic structures, and municipal investments. These strategies
  shall include adoption and implementation of the State Flood Hazard Area Standards. (B) A flood resilience plan may reference an existing local hazard mitigation plan approved
  under 44 C.F.R. § 201.6. (b) The maps called for by this section may be incorporated on one or more maps, and may
  be referred to in each separate statement called for by this section. (c) Where appropriate, and to further the purposes of subsection 4302(b) of this title, a municipal plan shall be based upon inventories, studies, and analyses of current
  trends and shall consider the probable social and economic consequences of the proposed
  plan. Such studies may consider or contain, but not be limited to: (1) population characteristics and distribution, including income and employment; (2) the existing and projected housing needs by amount, type, and location for all economic
  groups within the municipality and the region; (3) existing and estimated patterns and rates of growth in the various land use classifications,
  and desired patterns and rates of growth in terms of the community’s ability to finance
  and provide public facilities and services. (d) Where appropriate, a municipal plan may provide for the use of “transit passes” or
  other evidence of reduced demand for parking spaces in lieu of parking spaces. (Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1971, No. 257 (Adj. Sess.), § 7, eff. April 11, 1972; 1975, No. 236 (Adj. Sess.), § 2; 1979, No. 174 (Adj. Sess.), § 8; 1985, No. 188 (Adj. Sess.), § 10; 1987, No. 200 (Adj. Sess.), §§ 8, 10, eff. July 1, 1989; 1989, No. 280 (Adj. Sess.), § 7; 1991, No. 130 (Adj. Sess.), § 2; 1995, No. 122 (Adj. Sess.), § 2, eff. Apr. 25, 1996; 2003, No. 115 (Adj. Sess.), § 89; 2011, No. 52, § 33, eff. July 1, 2012; 2013, No. 16, § 4, eff. July 1, 2014; 2013, No. 146 (Adj. Sess.), § 6, eff. May 27, 2014; 2015, No. 171 (Adj. Sess.), § 17, eff. Jan. 1, 2018; 2023, No. 47, § 12, eff. July 1, 2023; 2023, No. 121 (Adj. Sess.), § 8, eff. January 1, 2028; 2023, No. 181 (Adj. Sess.), § 30, § 51, eff. June 17, 2024.)