Town Plan
Sections 1-6
2. Foreword
5. Purpose and Use of the Town Plan
1. Vision Statement
The
Town Plan is an extensive document with many detailed pages of information
setting forth goals and objectives. Simply
stated, the central concept is:
“To
preserve Wallingford’s historical settlement pattern by encouraging
residential and commercial growth in the existing village centers and promoting
the continued use of the outlying lands for agriculture, forestry, recreation
and other accepted uses as designated by the Town’s Zoning Regulations.”
This
statement is the theme that runs through the many pages of this document.
It also expresses the key criteria for weighing and judging the
appropriateness of the stated goals and objectives.
2. Foreword
Wallingford today is a picturesque rural New England town with an historic village surrounded by agricultural and mountain forest land. The town character has been shaped mainly by geography and small population migrations over the last two hundred years. Although population growth has been slow since 1900, it has increased 50% since 1960, according to the 2000 Census. This pattern is the same for Rutland County. As people from cities seek mountain recreation and rural quietude, pressure for growth and change will continue.
Since 1761 when Wallingford Town was founded, changes have occurred more by random events than by plan. It wasn’t until 1972 that formal planning was implemented. The Town Plan is intended to express and protect community values, which are affected by residential and commercial development, without jeopardizing the rights of individual property owners.
To accomplish this democratic goal, the State of Vermont empowers the Wallingford Selectboard to appoint a Planning Commission to draft a Town Plan. The Plan is then reviewed at public hearings and adopted by the Selectboard. It becomes the basis for zoning regulations that, once approved by the voters, are enforceable by law. When conflicts arise with zoning, landowners may appeal to the Zoning Board of Adjustment. This group, appointed by the Selectboard, acts as a quasi-judicial arbitrator and provides balance between the public interest and landowners rights.
The starting point for any change, from a building alteration to land development, is the Zoning Administrator who will advise, approve or guide the process to the appropriate zoning authority for action following due process of law.
The Town Plan is an effective way residents have to determine the destiny of their community in a fast-changing modern society. It provides a guide to encourage appropriate and environmentally sound land uses.
3. The Planning Process
The
1999 planning process began with a survey and inventory by members of the
Wallingford Planning Commission and other Wallingford residents of existing
conditions, capabilities and limitations that would guide and affect land uses
in the Town of Wallingford. The
land use and planning components that were inventoried as a basis for this plan
include natural conditions, such as topography, slope and soil conditions that
will support agriculture, residential uses and other appropriate uses, physical
limitations such as steeper slopes, shallower, less well-drained soils, and
other naturally-occurring characteristics that limit land use and development in
those areas, and man-made characteristics such as existing land uses, existing
municipal and private infrastructure and existing patterns of
development.
As
part of the 1999 planning process, the Planning Commission also inventoried
other non-physical characteristics of the town including history, demographics,
population growth and trends and anticipated demand for housing, economic
development, employment opportunities, educational needs and municipal services.
Based upon these inventories and surveys, the Planning Commission has
developed a series of forecasts that attempt to predict the pace and patterns of
growth and development that can be reasonably anticipated.
Adding
to these efforts, in 2004 the Planning Commission updated the plan using new
2000 Census figures. While the
scope of the Plan has not changed dramatically, the information and analysis is
now up-to-date. A new childcare
component has also been added to address the new State planning goal.
This most recent update has paralleled an update to the town Zoning
Regulations. Inconsistencies
between the Plan and the updated Zoning have also been addressed.
From
the surveys and inventories, the analysis of existing patterns of growth,
characterization of physical capabilities and limitations, and forecasts of
future demands and needs, the Planning Commission has developed the Wallingford
Town Plan to identify appropriate areas for future development based upon the
following considerations:
The capability of the land to support the anticipated uses.
The availability of community facilities and services necessary to
accommodate the uses.
The individual and community benefits and opportunities afforded by
appropriate land development.
The need to prevent overcrowding of land and buildings.
The interrelationship and compatibility of different land uses.
The need to ameliorate undesirable conditions.
The need to provide and support a private sector economic base that will
support important public policy initiatives.
The consistency with other policies.
The needs of our citizens for a strong, viable and diverse economy to create the jobs and economic
resources needed to maintain and improve our quality of life.
The future needs of the community and the region for employment, economic opportunity and jobs,
necessary goods, services, facilities and housing.
The interrelationship of municipalities within the region and the compatibility and impacts of land uses in
adjacent municipalities and throughout the region.
In
developing this Plan, the Wallingford Planning Commission has considered the use
of resources and the consequences of growth and development in the Town of
Wallingford, and has sought in this Town Plan to further the following general
goals, as required under Act 200:
Where practicable and consistent with existing land uses and development
patterns, to plan development
to maintain historic settlement
patterns, compact villages and urban centers.
Encourage intensive residential development in community centers.
Encourage economic development in locally designated growth areas and
areas that are now
characterized by commercial and
industrial land uses and development, or that may be suitable
for
such uses in the future.
Direct public investment and infrastructure to reinforce existing
development patterns and planned growth
areas.
Provide, support and contribute to a strong and diverse economy of
satisfying and rewarding employment
and expanded economic
opportunities.
Broaden access to affordable, quality education.
Provide safe, convenient, energy efficient, mutually supportive,
balanced, integrated and cost-effective
transportation infrastructure.
Make appropriate and equitable provisions and establish and implement
reasonable zoning regulations,
consistent with the purpose and
intent of this Plan, and the establishment of a reasonable balance
between public interest and
private rights, as set forth in this Foreword, to protect and preserve natural
and historic features,
significant natural and fragile areas, outstanding water resources, scenic roads
and
historic structures, water and
air quality, wildlife habitats and land resources.
Establishment of a reasonable balance between public interest and private
rights, in accordance with this
Plan.
Encourage efficient energy use.
Maintain and enhance public and private recreational opportunities,
evaluate and take reasonable steps to
identify and mitigate the
material adverse effects of growth on recreational opportunities, and provide,
protect, and, where appropriate
and necessary to protect private property interests, acquire recreational
properties and access to
recreational opportunities.
Plan and provide reasonable opportunities for agricultural and forest
uses and industries to promote
Long-term viability.
Value-added products.
Use of locally grown products.
Sound forest and agricultural management practices.
Plan public investment and infrastructure to direct development to areas
of the town identified as
appropriate for development.
Plan and provide reasonable opportunities for wise use of natural
resources that will facilitate extraction,
processing and marketing of
earth resources while, at the same time, adequately addressing and
providing for mitigation of the
anticipated environmental impacts, and proper restoration and preservation
of earth resources sites.
Plan and provide reasonable opportunities for safe, sanitary,
conveniently located and affordable housing
that accommodates
A diversity of social and income groups.
Multi-family/manufactured housing co-located with single family.
Accessory, “in-law”, and dependent apartments or dwelling units.
Plan for and finance efficient, cost effective public infrastructure,
services and facilities such as fire,
police, emergency medical,
schools, roads, water supply, sewage and solid waste disposal facilities to
meet current and reasonably
anticipated future needs of the town, consistent with the anticipated rate
and pattern of development
reflected in the Wallingford Town Plan.
Plan for reasonably predictable rates of growth that do not exceed the
financial capability of the
community to provide facilities
and services, consistent with duly adopted capital plans and programs,
reasonable impact fee
assessments, and the responsibility of the Town to plan for and meet the
reasonable needs of its
citizens and present and future land uses.
4. The Plan in Context
The
Wallingford Town Plan is a dynamic document, to be used by the Town of
Wallingford, its citizens and property owners, to help shape future land use
decisions. Although the Plan is not
intended as a means by which individual property owners or groups of property
owners can frustrate, delay or block otherwise appropriate development, the
Planning Commission and the Selectboard recognize that there will be instances
where a proposed development is contrary to the policies and goals of this Plan,
and where this Plan may be used to discourage or redirect such development.
In other instances, however, where an applicant for a proposed
development has consulted with, relied upon, and properly implemented this Plan
in locating and designing a development, the Town should, during the Act 250
process or other State permitting as appropriate, provide a positive statement
that the development is in conformance with the Town Plan, notwithstanding that
there may be objections or opposition by neighboring property owners.
This
Plan is intended to be a useful tool for locating and designing proposed land
uses and land development to reflect existing patterns of land use, and the
capabilities and limitations of the land. It
is recognized that, while the municipality, through the Planning Commission and
the Selectboard, has the authority to develop, adopt and implement a Town Plan,
and with the input of town citizens, will endeavor to strike an appropriate
balance between the interests of the property owner or developer on the one
hand, and the concerns and interests of the citizens of Wallingford on the
other; the Planning Commission and the Selectboard also recognize that conflict
is inevitable, particularly where new development is perceived by neighboring
property owners, individuals or groups as changing the character of a particular
area. The Planning Commission and
the Selectboard recognize that change is inevitable and, in many instances
beneficial, and that the purpose of planning is to anticipate change and provide
guidance so that change occurs in appropriate areas and in an orderly way, to
avoid unreasonable impacts on the community and adjacent land uses. The Planning Commission and the Selectboard also recognize
and emphasize that they represent the interests of the citizens of the Town of
Wallingford as a whole, and do not necessarily represent or act on behalf of a
particular individual or groups of individuals, be they developers or the
opponents of development.
We must also keep in mind, in approaching our land use planning and regulatory responsibilities that, to a large extent, the important resources which this Plan seeks to identify are, or are located on, privately owned property. This Plan acknowledges that the owners of such property have the right to use their property in a manner that assures them a reasonable return from their investment in the property, as long as such use is not injurious to their neighbors or the public. As zoning regulations are developed and adopted to implement this Plan, and to the extent this Plan is utilized in the Act 250 process, care must be taken to balance the rights of the property owners affected by this Plan and such land use regulations against the obligation of Town government to protect public health, welfare and safety. To the extent that impacts of proposed land uses are identified, the conditions and restrictions imposed on such uses must bear a roughly proportional relationship to the perceived impact. We must strive to provide for reasonable, orderly and mutually beneficial growth and development throughout the town. It would be inappropriate and improper for this Plan to suggest that its function is to control all elements of land use decision-making process. We have faith that, with the guidance provided by this Plan, our citizens will make appropriate decisions with respect to their property. It is the purpose of this Plan to guide, and not to direct, our citizens, and the implementation of this Plan, through zoning or Act 250, should be done only to the extent necessary to identify and mitigate potential impairment of the public health, safety and welfare. Vermont has traditionally been, and must continue to be, a state which respects the rights of the individual, and interferes with those rights only when and to the extent necessary, to protect the public from harm. The erosion or abandonment of that tradition would be a more serious threat to the character of Wallingford and the State of Vermont than the environmental impacts identified and sought to be addressed in this Plan.
5. Purpose and Use of the Town Plan
Upon
its adoption, this Plan will serve as a statement of the public policy of the
Town of Wallingford, to help guide and facilitate responsible land uses and
development, and discourage or redirect inappropriate land uses and development.
It is important that those who will seek guidance from or rely upon or
utilize this Plan in the future recognize that the purpose of this Plan is not
to prohibit or prevent reasonable and responsible land development, or to
frustrate or defeat the rights of property owners in the use and development of
their property, as long as such land development and the exercise of property
rights is in material conformance with the policies and goals of this Plan.
It is neither the purpose of municipal planning generally, or this Plan
specifically, to regulate land uses; rather, its purpose is to guide the Town in
developing and implementing appropriate land use regulations under Chapter 117
of Title 24 of the Vermont Statutes. Accordingly,
the use and interpretation of this Plan, including its use in Act 250
proceedings, must include a review of duly adopted zoning and subdivision
regulations, and, where the zoning and subdivision regulations and duly issued
municipal permits allow certain uses in areas in which this Plan suggests
restrictions, such zoning and subdivision regulations and permits must be
considered by the District Environmental Commission or the Environmental Board
as an expression of the understanding and intent of the people of this town. To do otherwise will be to substitute the will of the
Commission or the Board for the express will of the people of this town.
It is the express intent of this Plan that such zoning and subdivision
regulations are extensions of the Plan itself, and must be considered as the
Town’s expression of the intent of the Plan.
Moreover, where an applicant has obtained a Wallingford zoning or
subdivision permit prior to seeking Act 250 review and such zoning or
subdivision permit has not been appealed and has not been obtained through
misrepresentation or manifest error, such zoning or subdivision permit shall
evidence compliance with this Plan.
6. Implementation
It
is intended that the Wallingford Town Plan be implemented and used as follows:
·
A basis for regulations to be
adopted by vote of the people of Wallingford. The Plan serves as a foundation and guide for the
provisions of such zoning regulations, subdivision regulations, impact fee
regulations, shoreland bylaws, and flood hazard bylaws as are adopted by the
voters of the Town of Wallingford.
· A basis for community programs and decision-making. The Plan is a guide and resource for the recommendations contained in a capital budget and program, for any proposed community development program, and for the direction and content of other local initiatives, such as for farmland protection, acquisition and development of recreational land, and housing.
· A source for planning studies. Few plans can address every issue in sufficient detail. Therefore, many plans will recommend further studies to develop courses of action on a specific need.
· A standard for review at the state and regional levels. Act 250 and other state regulatory processes identify the municipal plan as a standard for review of applications. Municipal plans are important to the development of regional plans and regional and inter-municipal programs.
·
A source of information.
The Plan is a valuable source of information for local boards,
commissions, citizens and businesses.
·
A
long-term guide. The Plan is a
long-term guide by which to measure and evaluate public and private
proposals that affect the physical, social, and economic environment of the
community.