FAIRFAX PLANNING COMMISSION BYLAW AMENDMENTS

Town of Fairfax, Vermont Planning Commission Report in accordance with VSA Title 24, Chapter 117, Subchapter 9, Section 4441(c).

Amendments to Bylaws and Subdivision Regulations

The Town of Fairfax Zoning Bylaws and Subdivision Regulations were approved on September 12, 2000 and amended on May 23, 2002 and on October 11, 2005. Interim Subdivision Regulations Concerning the Construction of New Roads was adopted September 24, 2004 and re-adopted on September 18, 2006.

The proposed amendments conform with or further the goals contained in the 2003-2008 Fairfax Town Plan. Zoning district boundaries have not changed. Permitted and Conditional Uses within Zoning Districts have been updated. Affordable housing is further encouraged in Planned Unit Developments through the ability to accumulate density bonuses. The regulations have been updated to further encourage safe roads and driveways by clarifying standards for road and driveway width appropriate for fire and rescue vehicles. Turnarounds for roads and driveways and passing zones for long driveways have also been updated to improve access for
fire and rescue vehicles.

The proposed amendments are compatible with the proposed future uses and densities of the 2003-2008 Fairfax Town Plan. The proposed amendments are not applicable to any specific proposal for planned community facilities. The proposed amendments further clarify issues that were identified during the amendment process in 2005. Many changes appear throughout the document. Deleted text is highlighted and has a line drawn through it. Added text is highlighted and appears in bold type and is underlined. Most major areas of change are listed below.

   ZONING BYLAWS

   01) Clarify Zoning Administrator’s responsibilities (Section 2.1A).
   02) Clarify Public Notice Requirements (Section 2.1D).
   03) Change “Building Permit” to “Zoning Permit” (Section 2.2A).
   04) Change Wastewater Permit (Section 2.2C) to reflect that all Wastewater Permits are now
     issued by the State of Vermont.
   05) Change use of Certificate of Compliance (Section 2.2E.).
   06) Clarify Permitted Uses and Conditional Uses (Section 3.3A).
   07) Changes added to Section 3.4 District and Dimensional Requirements:
     * Change minimum lot size in Growth Center District from 1/3 acre to 1/2 acre
* Add Accessory Apartments as Permitted Use in all districts that allow single family dwellings.
     * Add Bed and Breakfast as Conditional Use in all districts except Shoreland District and Recreation District.
     * Add the following Conditional Uses to all districts that do not allow them presently, with
exception of the Shoreland District and Recreation District: Rooming and Boarding
House; Public Facilities; Low Impact Public Facilities; Retail Sales; Personal
Services; Professional Services; and Light Industrial (Light Industrial not added to
Conservation District).
     * Add Wireless Communication Facilities as Conditional Use in all districts.
     * Add Conditional Use Standards to Low Density Residential, Agricultural and Forest Resource and Conservation Districts.
     * Change density bonuses.
   08) Add Section 3.5 - Other Uses.
   09) Add and define Home Business which does not require a Permit (Section 4.5 and Definitions).
   10) Change Section 4.7 Planned Unit Development, to include menu of density bonuses.
   11) Rewrite Section on Signs (Section 4.13).
12) Clarify Section on Recreational/Camping Vehicles with Sleeping Quarters and move from
Section 4.14 to Section 6.9.
   13) Access to Lots has been changed (Section 5.1).
   14) Section on Height Limits has been changed (Section 5.4).
15) Section on Obstruction of Vision at Intersection has been clarified (Section 5.6).
   16) Sections 5.7 and 5.8 of the Zoning Bylaws, Location of Driveways and Roads, have been
changed to the center of the road and set back distances have been adjusted in Section 3.4.A-G.
   17) Boundary Adjustments has been changed – Development Review Board must
hold a hearing (Section 6.5).
   18) Single Lot Subdivision on a Working Farm has been removed (Section 6.6).
   19) Section 6.6 of Zoning Bylaws has been added, allowing the Zoning Administrator to do an
Administrative Review for Two Lot Subdivisions, with a list of conditions that require
review by the Development Review Board. A warned Public Hearing will need to be held
by the Development Review Board for final approval.
   20) Small Residential Development has been deleted (Section 6.7).
   21) Day Care and Family Care Homes has been modified (Section 6.7)
   22) Allowed Uses, Section 6.8 of the Zoning Bylaws, changed to Other Uses and moved to
Section 3.5 of the Zoning Bylaws.
   23) Recreational/Camping Vehicles with Sleeping Quarters has been changed
and moved from Section 4.14 to Section 6.10.

   SUBDIVISION REGULATIONS:
   01) The Authority Section of General Provisions has been modified (Section 101).
   02) The Purpose Section of General Provisions has been removed (Section 102).
   03) Modify Applicability Section (Section 105).
   04) Exemption Section removed (Section 107).
   05) Fees has been added to Section 107.
   06) Modify Submission Requirements (Article II, Section 201).
   07) Format of Minor and Major Subdivision sections has been changed (Article III and Article IV).
   07) Contingent Approval has been removed (Article III, Section 304 and Article IV, Section 411)
   08) Article III, Section 305 of Subdivision Regulations, Final Approval, has been removed.
   09) Article VI Application Submission Requirement removed and incorporated into other sections.
   10) Planning Standards re-numbered to Article VI.
    11) Lot Design has been added to Article VI, Section 604F.
   10) Lot Size and Density has been changed (Article V1, Section 604G).



   APPENDIX A - REQUIRED IMPROVEMENTS AND DESIGN STANDARDS:
   01) Section 1K, Rights of Way, has been modified
   02) Section 1L, Design, has been modified.
   03) Section 1N, Street Names and Signs, has been expanded.
   04) Section 1O, Other Regulations, has been added regarding Access Management.
   05) Erosion and Sediment Control has been modified (Section 4.0C).
   06) Shared Water Supply has been added (Section 7.0B).
   07) Community Water Systems has been modified (Section 7.0C).
   08) Sewage Disposal, Community Systems (Section 8.0A) has been modified.
   09) Sewage Disposal, Individual Systems (Section 8.0B) has been modified.
   10) Sewage Disposal, Standards (Section 8.0C) has been removed.
   11) Waste Management, (Section 10) has been added.

   APPENDIX B – DEFINITIONS:
   01) Appendix B, Title of Definitions - Wording changed.
   02) Definition deleted: Apartment House.
   03) Definitions added: Bed and Breakfast, Boundary Adjustment, Casual
Sale, Conditional Use, Home Business, Permitted Use, Seasonal Non-Profit
Concession, and Vehicular Access Management Plan.
04) Appendix B, Definitions modified: Accessory Use/Structure, Community Sewage
Disposal System, Density, Forestry, Half-way Houses, Home Industry, Lodging
Establishment, Major Subdivision, Minimum Lot Area, Multi-Family Dwelling,
Non-conforming structure, Non-conforming Use, Planned Unit Development, Retail
Sales, Rooming and Boarding Houses, Street Line, and Subdivision.

   APPENDIX C – WIRELESS COMMUNICATION FACILITIES:
   01) Minor wording changes.

   APPENDIX D – ROADS AND DRIVEWAYS
   01) Interim Subdivision Regulations Concerning the Construction of New Roads
incorporated into Appendix D with the Title changed to Subdivision Regulations for
Construction or Improvement of Roads and Driveways.
   02) Purpose, wording changed (Section 101).
   03) Applicability (Section 102) incorporated into Section 101, and removed from Section 102.
   04) Road Standards, Width, modified (Section 105.1.B).
   05) Road Standards, Driveways, Entrances and Approaches modified (Section 105.11).
    06) Waivers, (Section 105.16) deleted.
   07) Sections 107 and 108, Enactment Authority and Effective Date, deleted.

PUNCTUATION, WORDING, AND FORMATS HAVE CHANGED TO INCREASE
CLARITY AND FUNCTION OF THESE BYLAWS AND REGULATIONS.