Regulatory tools for community needs

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Regulatory Tool How does it work? Examples of where it has been used Additional Resources Beyond Reducing Zoning bylaws that require large (>= 2 acres per dwelling unit) Burlington, Colchester, Enosburg, King County, National Association of Home Builders minimum lot size minimum lot sizes for the developable land in the Enosburg Falls, Essex, Essex Washington; Erie U.S. Department of Housing and Urban or minimum unit municipality can discourage the development of affordable Junction, Franklin, Grand Isle, County, New York; Development size housing. Large minimum lot sizes require developers to Highgate, Hinesburg, Montgomery, Los Angeles, Erie County Department of Environment requirements acquire more land, inflating the costs of development, which Richford, Richmond, South California; Seattle, and Planning are passed on to residents. Similarly, unnecessarily large Burlington, South Hero, St. Albans Washington; Connecticut Fair Housing Center minimum unit sizes can prohibit developers from building City, St. Albans Town, Swanton, Cincinnati, Ohio smaller, lower-cost housing units. Winooski

Zoning for multi- Zoning bylaws that do not permit multi-family housing limit Bakersfield, Berkshire, Bolton, State of The White family housing developers in options. Revising zoning Burlington, Charlotte, Colchester, Massachusetts; New National Association of Home Builders laws to allow a wide variety of housing types can create more Enosberg, Enosberg Falls, Essex, York City; Fremont, American Planning Association flexibility in meeting a community's changing housing needs. Essex Junction, Fairfax, Fletcher, California; Seattle, Erie County Department of Environment Zoning for multi-family unit housing can be accompanied by Franklin, Georgia, Grand Isle, Washington and Planning tax incentives encouraging the development of multi-unit Highgate, Hinesburg, Huntington, housing. Jericho, Milton, Montgomery, North Hero, Richford, Richmond, Shelburne, Sheldon, South Burlington, South Hero, St. Albans City, St. Albans Town, St. George, Swanton, Underhill, Westford, Winooski A zoning bylaw that considers dwelling units of different sizes Los Angeles, U.S. Department of Housing and Urban differently in terms of density. Instead of treating all dwelling California; New York Development units the same when determining maximum density, greater City; Portland, Housing New York numbers of smaller units could be allowable. This may often Oregon; Seattle, City of Oregon Bureau of Planning Separating be seen in low-income housing for the elderly, which may Washington NYU Furman Center density from unit allow smaller unit sizes in exchange for shared community size spaces within a development. Alternatively, zoning bylaws can set a housing unit as being a specific area (e.g. 1500 square feet). Municipalities may expand zoning requirements to allow for micro-units or compact units in some instances.

A zoning bylaw that disconnects automatically allowing large Suffolk County, New U.S. Department of Housing and Urban multi-family buildings in higher-density districts, instead York; Kirkland, Development Separating allowing high density but only as single or two-family homes. Washington; Seattle, Municipal Research and Services Center density from unit This may be seen in cottage housing developments. It may Washington; Lehigh Valley Planning Commission type also overlap with cluster development practices. Cleveland, Ohio; Juneau; Alaska Regulatory Tool How does it work? Vermont examples Examples outside VT Additional Resources Promoting the Additional living quarters on single-family lots that are Brattleboro, Westford State of California; The White House development of independent of the primary dwelling unit. ADUs can offer Fauquier County, U.S. Department of Housing and Urban accessory more options for affordable housing, as they can be Virginia; Portland, Development dwelling units inexpensively constructed and do not require additional land Oregon; Lexington, Vermont Natural Resources Council (ADUs) for development. According to Vermont law (24 VSA §4412), Massachusetts; Mad River Valley Housing Coalition municipalities must allow accessory dwelling units. However, Barnstable, Brattleboro Area Affordable Housing municipalities may choose to adjust local bylaws to encourage Massachusetts the construction of ADUs. Density bonuses Municipal planning ordinances that allow developers Bakersfield, Berkshire, Bolton, State of California; The White House to increase the maximum allowable development on a Burlington, Charlotte, Colchester, Lehigh Valley Region, National Association of Home Builders property in exchange for making a certain percentage of the Enosburg, Enosburg Falls, Essex, Pennsylvania; New Southern California Association of Non- housing affordable. Essex Junction, Fairfax, Fairfield, York City; Madison, Profit Housing Fletcher, Franklin, Georgia, Grand Wisconsin; Austin, University of Wisconsin Center for Land Isle, Hinesburg, Huntington, Texas Use Education Jericho, Milton, Montgomery, Lehigh Valley Planning Commission North Hero, Richford, Shelburne, City of Burlington Community & South Burlington, St. Albans City, Economic Development Office St. George, Swanton, Underhill, Winooski, Williston, Westford Inclusionary Municipal planning ordinances that require or incentivize Burlington, Fairfield, Hinesburg, New York City; U.S. Department of Housing and Urban zoning developers to designate a certain percentage of housing units South Burlington (City Center), Chicago, Illinois; Development for low and moderate-income residents Williston Washington DC; San National Housing Conference Francisco The Urban Land Institute PolicyLink City of Burlington Community & Economic Development Office

Tools such as Inclusionary Zoning require developers to create Burlington, South Burlington State of California; U.S. Department of Housing and Urban housing that meets definitions of “affordable” by its rent or Montgomery County, Development purchase price. By requiring long-term affordability of the Maryland; Lincoln Institute of Land Policy Require long- unit, municipalities can ensure that the units remain Washington DC; New Joint Center for Housing Studies term affordable to future residents through stewardship by a York City; Syracuse, Montgomery County Department of affordability housing trust or other subsidy program, resale price and New York Housing and Community Affairs ongoing rent restrictions, reporting and/or municipal staff resources.

Zoning bylaws that promote long-term affordability of San Jose, California; National Association of Home Builders housing in conjunction with associated costs by (1) supporting Arlington, Virginia; U.S Department of Housing and Urban Promote long- housing in walkable areas served by existing infrastructure Redmond, Development term and (2) establishing energy standards. This policy may Washington; City of Medford affordability of intersect with transit oriented-development (TOD), where Medford, Oregon; City of Austin Neighborhood and total costs communities attempt to develop housing with easy access to Austin, Texas Community Development associated with public transportation Transit Oriented Development Institute housing Regulatory Tool How does it work? Vermont examples Examples outside VT Additional Resources Overlay districts Areas created to promote certain types of development. Burlington State of American Planning Association Municipalities create new zoning rules for the overlay district Massachusetts; National Association of Home Builders to encourage the intended type of development in addition to Washington DC; Vermont Natural Resources Council pre-existing zoning rules for the larger area. Many areas have Nashville, Tennessee; District of Columbia Office of Zoning overlay districts to protect natural resources, or historic Grand Forks, North City of Burlington Department of neighborhoods, but they can be used to encourage affordable Dakota; Corte Planning and Zoning housing. Madera, California Planned unit Municipal regulations that allow developers exemptions from Bakersfield, Berkshire, Bolton, State of Michigan; Municipal Research and Services Center development certain zoning requirements in exchange for developing Burlington, Charlotte, Colchester, Puget Sound Region, National Association of Home Builders (PUD) properties with desirable criteria. Some municipalities include Enosberg, Enosberg Falls, Essex, Washington; Bonner University of Wisconsin Center for Land ordinances PUDs within overlay districts. By allowing greater flexibility in Essex Junction, Fairfax, Fairfield, County, Idaho; Use Education the configuration of buildings on a site or allowing mixed Fletcher, Franklin, Georgia, Grand Ellensburg, Michigan State University Extension usage of a site, a municipality can encourage more creative Isle, Highgate, Hinesburg, Washington; Puget Sound Regional Council and efficient use of a space than is typically allowed in local Huntington, Jericho, Milton, Sheboygan, zoning laws. It can also result in lower infrastructure costs and Montgomery, North Hero, Wisconsin; Kenosha, better coordination of development across an area. Richford, Richmond, Shelburne, Wisconsin Municipalities can choose to make affordable housing a Sheldon, South Burlington, South condition for allowing PUDs. Hero, St. Albans City, St. Albans Town, St. George, Swanton, Underhill, Westford, Winooski Cluster Zoning methods in which development density regulations Bakersfield, Berkshire, Bolton, King County, National Association of Home Builders developments are determined for an entire specified area (instead of a lot- Burlington, Charlotte, Colchester, Washington; New State of New York Office for the Aging (AKA by-lot basis). This allows the developer greater flexibility in Enosberg, Enosberg Falls, Essex, York City; Seattle, Town of Truro Housing Authority conservation- designing projects but preserves the overall density in an Essex Junction, Fairfax, Fairfield, Washington; City of Medford oriented area. Cluster developments allow many smaller units to be Fletcher, Georgia, Grand Isle, Amherst, development) constructed in a designated area of a lot. This can naturally Highgate, Hinesburg, Huntington, Massachusetts; encourage the construction of smaller, low-cost housing Jericho, Milton, North Hero, Truro, units, but municipalities can also require affordable housing Richford, Richmond, Shelburne, Massachusetts; to be developed as a condition of approval for adjusting Sheldon, South Burlington, South Medford, Oregon density requirements. It also has the benefit of preserving Hero, St. Albans City, St. Albans open spaces and protecting natural resources. Cluster Town, St. George, Swanton, development is similar to PUDs, but typically limited to Underhill, Westford, Williston, housing use. Winooski

Abide by "as of Allowing building proposals that fit within the specifications State of California The White House right" of local zoning policies to proceed "as of right", without (measure ultimately The Urban Land Institute development additional review. Developers still need to secure a building not passed); Fairfax State of California Legislative Analyst’s (AKA "by right" permit and fulfill customary regulatory requirements, but the County, Virginia Office development) approvals process is generally less contentious and/or time- National Low Income Housing Coalition consuming than the process for proposals that require an Fairfax County Office of Community exception from current zoning regulations. Through the Revitalization revision of zoning policies, jurisdictions can significantly broaden the types of housing that are allowed as of right, thus simplifying and reducing the cost and time of delivering homes that are more likely to be available to working families. Regulatory Tool How does it work? Vermont examples Examples outside VT Additional Resources Expedited Streamlining the process of receiving permits for desirable State of The White House permitting and housing projects. Can include leveraging technology to Massachusetts; State The Urban Land Institute review facilitate the permitting process and implementing shorter of Rhode Island; King City of San Diego Development Services review timelines for permit approval. County, Washington; Department San Diego, California; City of Austin Development Services Austin, Texas Department

Reducing Allowing permit fee reductions, waivers, or deferments for Burlington, Charlotte, Hinesburg, Sacramento County, The Urban Land Institute permitting costs affordable housing projects. Williston California; Polk Center for Transit-Oriented Development County, Florida; Alexandria Office of Housing Albuquerque, New Sacramento County Mexico; Austin, Texas; Portland, Oregon

Reducing impact Reducing or waiving impact fees for affordable housing Burlington King County, U.S. Department of Housing and Urban fees projects. Impact fees are important for municipalities because Washington; Development they require developers to pay their fair share of the costs of Albuquerque, New The Urban Land Institute providing public services to the new development. However, Mexico; Fresno, Vermont Planning Information Center impact fees can be an additional barrier to affordable housing California; Austin, City of Burlington Department of projects. Texas Planning and Zoning

Reducing Allow for reductions or waivers of typical public works Manatee County, The Urban Land Institute infrastructure requirements (such as widening roads, improving sidewalks, Florida; Hillsborough Connecticut Fair Housing Center costs expanding sewer capacity, or creating recreational facilities) County, Florida; Manatee County for development of desirable projects Lancaster County, U.S Department of Housing and Urban Pennsylvania Development Lancaster County Planning Commission

Increasing Update parking standards to allow more options for Bolton, Burlington, Charlotte, State of California; The White House residential residential development. This can include waiving parking Swanton, Underhill New York City; The Urban Land Institute parking flexibility requirements for mixed use properties when commercial and Seattle, Washington; Housing NYC residential demand peaks at different times of day, or Minneapolis, Vermont Planning Information Center reducing parking requirements for projects near transit, near Minnesota; Denver, City of Burlington Department of mixed uses, and where on-street parking is available. Colorado Planning and Zoning

Housing Requires housing units torn down to be replaced with a Burlington Arlington County, National Association of Home Builders replacement/ specified percentage of new housing units to maintain Virginia; San Diego, Arlington County Housing Division retention housing stock within a community. In some areas developers California; Portland, City of San Diego Office of the City Clerk requirements have the option of paying a penalty in lieu of constructing Oregon; St. Paul, City of Burlington Department of (AKA No net loss new housing units. This fee may be added to a housing trust Minnesota; Denver, Planning and Zoning mandates) fund. Colorado

Regulatory Tool How does it work? Vermont examples Examples outside VT Additional Resources Using a community's affordable housing trust fund to Burlington, Charlotte, Montpelier New York City; National Association of Home Builders encourage young families to move in and renovate homes Washington DC; PolicyLink through grants, low-interest loans, or loan forgiveness over Seattle, Washington; Center for Community Change Trust fund time. Housing trust funds can support either rental or owner- Los Angeles, Champlain Housing Trust benefits to occupied properties, and new construction or rehabilitation California; St. Louis, Burlington Housing Trust Fund buyers of older properties. Communities may work with state, Missouri; Boulder, Montpelier Housing Trust Fund regional, and county housing trust funds, or may choose to Colorado; Boston, develop a local housing trust fund. Massachusetts

Rental housing Promote and enforce safe and healthy living conditions for Barre, Bennington, Brandon, New York City; Vermont Rental Housing Codes codes rental properties. States have rental housing laws which cities Brattleboro, Burlington, Lyndon, Washington DC; Vermont Planning Information Center and towns may supplement with municipal rental housing Montpelier, New Haven, Richford, Sacramento, codes. Rutland City, St. Johnsbury, California; Seattle, Winooski Washington "On the record" Allows testimony from hearings before a municipality’s Brattleboro, Chester, Colchester, Facey Goss & McPhee, P.C. review planning commission, zoning board, or development review Ludlow town, Ludlow village, Vermont League of Cities and Towns board to be incorporated into appeals heard by a Vermont Montgomery, Newport, Norton, Vermont Planning Information Center court. This prevents municipalities and plaintiffs from having Norwich, Randolph, Shelburne, to reproduce expert testimony at every stage of an appeal, Springfield, Stowe, Wells, Windsor potentially saving significant time and expense. Municipalities have the option to implement this approach into local law under Vermont statue 24 V.S.A. § 4471(b).