2.2.
Substantial Regional Impact
A.
Authorization
Regional planning
commissions are required (24 VSA § 4345a), as part of regional plans
to: "Define substantial regional impact as that term may be used with
respect to its region."
Chapter 117 further
provides that: "In proceedings under 10 VSA Chapter 159, and 30 VSA
§ 248, in which the provisions of a regional plan or a municipal plan
are relevant to the determination of any issue in those proceedings:
1. The provisions
of the regional plan shall be given effect to the extent that they
are not in conflict with the provisions of a duly adopted municipal
plan;
2. To the extent that such a conflict exists, the regional plan shall
be given effect if it is demonstrated that the project under consideration
in the proceedings would have a substantial regional impact."
B.
Application
There are two specific
situations in which these guidelines will be used. When major development
is reviewed under the Act 250 or the Section 248 process and there is
a conflict between the local and regional plans, the regional plan will
be given effect over the local plan if a substantial regional impact
will occur and agreement under IV (4)(b) of the procedure section has
not occurred.
It is the intent
of this definition that for the purpose of reviewing developments that
are determined to have a substantial regional impact, the regional plan
should be given effect only regarding those aspects of the development
that affect substantial regional interests, otherwise the local plan
would be given effect. In other words, if a project is deemed to have
a substantial regional impact because it is located near a mineral resource
only those aspects of the regional plan relating to mineral resources
will be given effect, otherwise the local plan will control. Projects
that are considered to have a substantial regional impact because of
their size or that qualify under a number of thresholds will be subject
to more general application of the regional plan goals.
C.
Definition
Projects that trigger
one of more of the following will be considered to be projects with
"substantial regional impact."
A. A project
or development which would substantially affect the traffic-carrying
capacity of regionally significant highways, or substantially change
the service area or capacity of intermunicipal facilities, including,
but not limited to, union high school districts, or public water or
sewer systems serving more than one municipality;
B. Expansion of a major employer (over 50 employees) by the
addition of 25 percent or more employees, or by an increase of 25
percent or more in shipping/receiving activity using over-the-road
vehicles;
C. Relocation of a major employer (over 50 employees) from
one town to another;
D. Location of a new major employer (over 50 employees) in
the region;
E. Location or expansion of regional public and quasi-public
facilities such as solid waste facilities, union district schools,
the county courthouse, expansions or reductions in air/rail service,
road improvements on Class I and Class II roads, power generation
and transmission facilities;
F. Projects which are located either on the same parcel, or
on abutting parcels as resources of regional importance as identified
by the Regional Plan, and have a significant regional impact on these
resources; or
G. That will have significant off-site impacts on regionally
important resources located at a distance from the project site.
D.
Procedures for Review of Regional Projects
A. The Act
250 Review Committee will serve as lead in projects with substantial
regional impacts (SRI).
B. When reviewing an SRI project, the committee will expand to
include the Addison County Regional Planning Commission Commissioner(s)
from the town where the project is located, and from the other affected
towns.
C. The project review will be the same as with other Act 250
projects, (town and applicant represented, and site visit completed)
except that conformance with both the local plan and the regional plan
will also be reviewed.
D. Conflict resolution:
i. In
cases where a conflict is not clearly established, due to generalized
language, lack of sufficient data to determine conformance, etc.,
then the town plan will take precedence.
ii. In cases where a conflict between the local and regional
plans is clearly defined, conflict resolution prior to the initial
Act 250 hearing is strongly supported by this plan. When such a mediation
or negotiation effort results in an agreement between the affected
town(s), and ACRPC Act 250/248 Committee, which mitigates impacts
on the identified resource of regional importance, such that the intent
of the applicable regional plan policies are met, such agreement will
be presented to the Full Commission for action with favorable recommendation
by the Act 250/248 Committee. In reaching agreement, the parties will
consult with the applicant and may consult with state agencies or
other technical advisors as necessary. Such agreement, when approved
by the Regional Commission, and the planning commission and legislative
body of each participating town, will then become the joint testimony
of the Town(s) and the Regional Commission on the subject(s) of the
agreement.
E. For the
first 12 months of this review process, the Committee will report monthly
to the Executive Board on specific projects reviewed, basis for SRI
determination, results of the review, and any procedural problems. At
the end of each six-month period, the Executive Board will review the
record and recommend any changes in the procedure or the definitions
to the Full Commission for action.
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