10.2 Consistency with Title 24 VSA § 4302

A. Introduction

This final element of the Regional Plan is also a new element, required by 24 VSA § 4345a(5)(G). This section of the law requires regional planning commissions, as part of preparation of a regional plan, to prepare a report explaining how the regional plan is consistent with the goals in 24 VSA § 4302.  

This element is written on a goal-by-goal basis. The goal as written in the law is printed first, and then a statement describing how the Addison Region’s plan is consistent with that goal follows. Page numbers are given to assist those reading this element in finding the pertinent parts of the plan for additional information.

B. Consistency with Title 24 VSA § 4302

Goal 1: To plan development so as to maintain the historic settlement pattern of compact village and urban centers separated by rural countryside. 

A. Intensive residential development should be encouraged primarily in areas related to community centers, and strip development along highways should be discouraged.
B. Economic growth should be encouraged in locally designated growth areas, or employed to revitalize existing village and urban centers, or both.
C. Public investments, including the construction or expansion of infrastructure, should reinforce the general character and planned growth patterns of the area.  

ACRPC Plan Consistency

The Regional Plan for the Addison Region “supports development patterns that will maintain the historic character of the region, namely urban centers and villages separated by rural countryside.” (Overall Goal A, page 1-12) The Future Land Use Map, a composite of local future land use maps (Map 9·1, page 9-6), shows commercial uses concentrated in village and urban centers with small amounts of strip development limited to the area south of Middlebury and in Ferrisburgh. Several towns still have an unusual residential pattern allowing small lots fronting directly on roads in order to preserve large tracts of agricultural lands located to the rear of the small lots.  

The Regional Plan includes the following economic growth policies:  

1. Support the preservation of town and village centers (Goal B, Policy 1, page 5-4).
2. Encourage the location of new economic development primarily in areas that have, or have planned for the infrastructure (those with capacity to serve) (Goal C, Policy 3, page 5-5).
3. Encourage the retention of the human scale of the region (Goal B, Policy 2, page 5-4).
4. Encourage home and cottage industries (Goal B, Policy 4, page 5-4).

Goal 2: To provide a strong and diverse economy that provides satisfying and rewarding job opportunities and that maintains high environmental standards, and to expand economic opportunities in areas with high unemployment or low per capita incomes.  

ACRPC Plan Consistency

Goal A of the Economic Base Element (page 5-4) “encourages a diverse economy, providing economic strength, rewarding occupations and economic development for the region.” Policies under Goal A support new smaller employers to provide a more diversified economy (Policies 1 and 5) and to provide stable employment to the region's labor force (Policy 4). Goal C supports provision of proper infrastructure to assist in a strong and diverse economy. Goal D supports maintenance of superior educational facilities, a diverse mix of cultural opportunities, and the provision of housing for employees.  

Goal E supports industries and businesses which process or produce products using regional resources and/or which provide products and services for the greater New England area, a value-added approach to enhance local employment and income opportunities.

Goal 3: To broaden access to educational and vocational training opportunities sufficient to ensure the full realization of the abilities of all Vermonters.  

ACRPC Plan Consistency

The Economic Base Element (Goal D, Policies 1 and 2, page 5-5) supports training and retraining for employment, as well as maintenance of superior education facilities including vocational-technical facilities to provide skills and training for employees in the region. Overall Goal C (page 1-13) states that the Regional Commission will assist in providing access to educational and vocational training opportunities that will foster full realization of the abilities of the population in the region.

Goal 4: To provide for safe, convenient, economic and energy efficient transportation systems that respect the integrity of the natural environment, including public transit options and paths for pedestrians and bicyclers.  

A. Highway, air, rail and other means of transportation should be mutually supportive, balanced and integrated.  

ACRPC Plan Consistency

ACRPC, like other regional commissions, is working with the Agency of Transportation and member municipalities to provide transportation planning on a regional basis under the federal TEA-21 program. In addition, ACRPC was instrumental in the formation of Addison County Transit Resources, a non-profit public transportation provider.  

Transportation goals and objectives include:

1. Support growth centers (Goal B, page 6-8).
2. Work to improve travel safety (Goal A, Objective 1, page 6-8).
3. Plan for efficient functioning of the transportation network by reducing congestion. (Goal A, Objectives 1 & 2, starting on page 6-8).
4. Promote the development of transportation services for disadvantaged persons, and of alternative transportation systems, i.e. bicycle, carpool, rail, etc. (Goal A, Objective 4, page 6-8).

Goal 5: To identify, protect and preserve important natural and historic features of the Vermont landscape including:

A. Significant natural and fragile areas
B. Outstanding water resources, including lakes, rivers, aquifers, shorelands and wetlands
C. Significant scenic roads, waterways and views
D. Important historic structures, sites or districts, archeological sites and archaeologically sensitive areas.  

ACRPC Plan Consistency

a. Significant Natural and Fragile Areas

Significant natural and fragile areas are identified on the Natural Heritage Sites Map, (Map 4·1, page 4-18) and in the listing starting on page 4-15. Privately owned resources are listed starting on page 4-16 with the provision that more work needs to be done with the state, with landowners and the public to determine which resources are regionally significant and which are better protected at the local level. As noted in Natural Heritage documentation, not all identified sites are of equal importance. Natural and fragile area policies (page 4-11) encourage identification, protection and conservation of natural and fragile areas in a form commensurate with their importance, and the degree to which protection and conservation is necessary. The policies also encourage the maintenance and perpetuation of a diversity of biological habitats in Addison County, and establishment and maintenance of interconnecting wildlife corridors, including riparian buffer zones.

b. Outstanding Water Resources

Water resources policies (page 4-42) include policies on lakes and ponds (including shorelands), rivers and streams, aquifers and wetlands. These policies recognize the multiple uses of these resources, encourage the maintenance and protection of the quality of these resources, including where they might be incrementally degraded, improvement and monitoring of water quality, reduction in activities which cause significant impacts on the resource, and maintenance of diverse areas of vegetation along water resources sufficient to protect the viability of the resource.    

The wetlands policies support the protection of each wetland commensurate with its importance and the type of benefits provided, both system-wide and long-term, and also encourage the use of AMPs, AAPs and BMPs. The policies also support a definition of wetlands with a hydrological base. This policy is partly in response to the problem with existing rules that include many acres of farmland in the Addison Region that have been, and continue to be in agricultural use, but are not planted in commodity crops. Under those rules, such land reverts to wetland status if not planted to a commodity crop during a five-year cycle. 

c. Scenic Roads, Waterways and Views

The Scenic Resources Element, (page 4-100) identifies the general landscape as an integral part of the scenic character of the region and supports continuation of working agriculture and managed forestry practices as the most essential ingredient in maintaining the scenic quality of the Addison Region. This would include stream and shoreland buffers as part of riparian wildlife corridors supported in the natural areas and wildlife policies. Ridgeline protection measures are also supported. No recommendations for Outstanding Resource Waters or Wild and Scenic Rivers have been made in this plan.

d. Historic Resources 

We are indeed fortunate in the Addison Region to have excellent background documentation of both historic and archeological resources. The Cultural Resources Element of the plan recognizes the importance of The Historic Architecture of Addison County as a resource to document the historic values of structures should a municipality wish to establish an historic district or in other ways recognize and preserve their historic heritage (page 4-98). Policy 7 (page 4-95) encourages the conservation of historic resources, including the adaptive reuse of historic structures and townscapes. Policy 3 supports a regional consortium of local historical societies to promote regional efforts at preservation. Policy 9 encourages responsible ownership and protection of historic resources and Policy 10 directs the commission to assist municipalities in their efforts to establish local strategies and tools to protect historic resources.   

Policies 12 and 13 recognize the work done by Jack Rossen, together with the Division of Historic Preservation and the Middlebury District of the USDA Soil Conservation Service, to identify areas rich in archeological resources and to prepare archeological sensitivity maps to aid property owners and municipalities in making decisions related to archeological preservation.

Goal 6: To maintain and improve the quality of air, water, wildlife and land resources.

A. Vermont's air, water, wildlife, mineral and land resources should be planned for use and development according to the principles set forth in 10 VSA § 6086(a).  

ACRPC Plan Consistency

Air quality is not extensively addressed in the plan due to the fact that it is perceived to be a less serious problem in the Addison Region than other problems. Air quality problems, if any, are located primarily in Vergennes, Middlebury and Bristol, and are related to through traffic from major arterial highways. Bypasses are being considered as part of the Route 7 Corridor Study that will, if implemented, move traffic out of the heart of downtowns and reduce air pollution in these specific areas. The plan's Overall Vision Statement and Overall Goal F support maintenance of a high quality of air, water and soil. The Economic Base Element supports smaller, diversified light industry and home-based industries rather than larger, heavy industry that may have more processing byproducts that impact air and water.   

Water quality protection is addressed in Policies 1, 3, 4, 6, 8, 9 and 12 starting on page 4-42 of the plan. These policies all support maintenance and protection of water resources and of water quality by various means and techniques. The Economic Base Element promotes the provision of adequate water, sewer and transportation facilities to support industry. (Goal A, Policy 2, page 5-4 and Goal C, page 5-4).  

Wildlife and mineral resources are included in the Natural Resources Section of the plan. The Wildlife Element (starting on page 4-20) provides considerable information about major wildlife species in the region such as deer, bear, fisheries, and re-introduced species such as the peregrine falcon. The wildlife policies (page 4-23) support protection and conservation of significant habitat and the siting of development to protect and conserve adjoining areas of significant wildlife habitat (Policy 2). Policy 5 supports the establishment of interconnecting wildlife corridors, including riparian buffer zones.    The Minerals Element identifies existing and potential sources of sand and gravel, supports assisting municipalities in making provisions for local sources to reduce costs and transportation impacts, discusses problems with permitting these resources and offers suggestions to aid municipalities in their review. The element also recognizes conflicts existing with streambed deposits of sand and gravel. Marble is recognized as the only other economic resources in the region.

Goal 7: To encourage the efficient use of energy and the development of renewable energy resources.

ACRPC Plan Consistency

The Energy Element (starting on page 8-2) provides information on supply and demand for the various energy sources and contains policies supporting use of wood, low-head hydro, methane, wind and solar energy sources. Policy 8 encourages proper design of development and construction of buildings to conserve and/or more efficiently utilize energy resources. Policy 9 encourages municipalities to locally adopt the energy efficiency standards under Criterion 9F of the Act 250 review criteria.

Goal 8: To maintain and enhance recreational opportunities for Vermont residents and visitors.

A. Growth should not significantly diminish the value and availability of outdoor recreational activities.
B. Public access to noncommercial outdoor recreational opportunities, such as lakes and hiking trails, should be identified, provided and protected wherever appropriate.

ACRPC Plan Consistency

The Recreation Element of the plan is very limited and could be expanded to incorporate the inventory and needs assessment done in cooperation with the Department of Forests, Parks and Recreation as part of the state's Five-Year Recreation Plan. However, the Natural Resources Element of the plan does contain references to recreational opportunities in the region.

Goal 9: To encourage and strengthen agricultural and forest industries.

A. Strategies to protect long-term viability of agricultural and forest lands should be encouraged and should include maintaining low overall density.
B. The manufacture and marketing of value-added agricultural and forest products should be encouraged.
C. The use of locally grown food products should be encouraged.
D. Sound forest and agricultural management practices should be encouraged.
E. Public investment should be planned so as to minimize development pressure on agricultural and forestland.  

ACRPC Plan Consistency

The Addison Region, with the exception of Middlebury, has not used the NRCS LESA rating system to evaluate farmland. The Agricultural Element of the plan addresses the importance of agriculture as part of the culture, the landscape and the economy of the region. It acknowledges interfaces and conflicts with other resources and supports programs such as AAPs, BMPs, Integrated Crop and Integrated Pest Management. Agricultural policies encourage the protection of the quality and quantity of agricultural lands as a critical mass in tracts of sustainable size (Policy 2, page 4-65). Municipalities are encouraged to plan carefully to maintain agricultural lands, including the use of a LESA rating system if appropriate. Protection from nuisance suits is supported, as is clustered development and the placement of development so as to avoid negative impacts on farmland and farm management. Recognizing that agriculture exists only as long as the economics work, the plan encourages use value taxation, support of value-added processing of local products, diversification of agriculture, and research and development of better science and technology, while maintaining the biodiversity within agricultural lands.  

The Forest Resources Section of the plan (starting on page 4-84) includes the same or similar policies that encourage the maintenance of the forest industry in the Addison Region. While less broadly spread over the region, forested lands form the backdrop of the region's landscape and are also important economically as timber producers. The Future Land Use Map shows forestlands primarily designated as Forest Conservation or large-lot (10+ acres) Residential, except for Lincoln which has 1 acre zoning. Lincoln also has a sewage ordinance that is very strictly enforced, providing a limited number of large lots for residential uses.   

Agricultural lands in Weybridge, Panton, Shoreham, Middlebury, Whiting, Starksboro, Ripton and Goshen are primarily designated for large lots (over 10 acres). Most municipalities have a provision for Planned Unit or Planned Residential Development in their bylaws, although it is not commonly used. Because of the high clay content of much of the region's soils, land divisions are usually over ten acres to avoid state subdivision rules. This factor has effectively controlled intensive development, but still results in piecemeal fragmentation of agricultural lands. Because of tax and property rights implications, there is no realistic way in Vermont to designate agricultural lands in units of productive size, say 50 to 100 acres.   

Policies in both Forestry (5) and agriculture (6) support local processing of value added products. Goal E of the Economic Base Element (page 5-5) also supports local use of local products and of value added products. This goal further encourages sales and services within the broader New England region first, rather than targeting national markets. Both forestry and agricultural lands sections support AAPs, AMPs and BMPs. (Policy 4, page 4-87; Policy 7, page 4-65; and discussion on page 4-81)  

Both forest and agricultural policies support retention of critical mass and of sustainable tracts of resource land. The Economic Base element supports the location of economic growth in areas where infrastructure is available, which, in the Addison Region is generally in the larger village centers. Overall Goal A, page 1-12 of the plan, supports development patterns that will maintain the historic character of the region, namely urban centers and villages separated by rural countryside. Goal B (page 6-8) of the Transportation Element is to ensure that the regional transportation system furthers the region's objectives regarding land use, particularly that it implements the growth areas concept and discourage sprawl. The Utilities and Facilities Section, as it relates to water and wastewater systems (Goal D, page 7-20), encourages municipalities to prepare municipal plans which provide for development and settlement patterns that are within existing or planned capacity of public facilities. This policy taken together with the urban center/rural countryside Goal A on page 1-12 of the plan, Policies 2 and 8 in the Agricultural Lands section, and Policies 3 and 9 in the Forestry Section direct major public investment in infrastructure away from agricultural and forest lands.

Goal 10: To provide for the wise and efficient use of Vermont's natural resources and to facilitate the appropriate extraction of earth resources and the proper restoration and preservation of the aesthetic qualities of the area.  

ACRPC Plan Consistency

The commission has examples of materials that municipalities may use as part of their review process for mineral extraction. Reclamation materials, including a resource for vegetative covers, are included in the Mineral Resources Section.

Goal 11: To ensure the availability of safe and affordable housing for all Vermonters.

A. Housing should be encouraged to meet the needs of a diversity of social and income groups in each Vermont community, particularly for those citizens of low and moderate income.
B. New and rehabilitated housing should be safe, sanitary, located conveniently to employment and commercial centers, and coordinated with the provisions of necessary public facilities and utilities.
C. Sites for multi-family and manufactured housing should be readily available in locations similar to those generally used for single-family conventional dwellings.  

ACRPC Plan Consistency

The Housing Element (beginning on page 3-15) relies on current data documenting the continuing need for low and moderate-income housing. Its goals and policies support the provision of safe, affordable and decent housing for all present and future residents of the region (Goal A page 3-16). Goal A, Policy 2 focuses on safe housing, including the upgrading of substandard housing and of failing on-site sewage systems. Goal A, Policy 3 discusses energy efficiency and promotes housing located near employment, commercial and service centers. Goal A, Policy 5 encourages housing that is compatible with existing community character and that follows traditional settlement patterns.

Goal 12: To plan for, finance and provide an efficient system of public facilities and services to meet future needs.

A. Public facilities and services should include fire and police protection, emergency medical services, schools, water supply and sewage and solid waste disposal.
B. The rate of growth should not exceed the ability of the community and the area to provide facilities and services.  

ACRPC Plan Consistency

The Regional Plan recognizes and provides information on all the utility and facility resources included in Goal 12(A). The goals of the Utilities and Facilities Section are to develop a better understanding of the region's resources, identify needs, indicated opportunities for cost savings and increased efficiencies in service provision, and provide assistance to municipalities in developing capital budgets to look at long-term planning and costs.   Population Goal A and its policies (starting on page 3-5) support developing a better understanding of a variety of factors and their relationship with population change. The present and future capacity of facilities and services is one of those factors.