DRAFT - Large-Scale Retail and Community Protection bill

Posted: February 27, 2006

Introduced by Committee on Economic Development, Housing and General Affairs

Subject: Municipal planning; zoning; large-scale retail uses

Statement of purpose: This bill proposes to define large retail users and then to provide that they shall be subject to conditional use review. It proposes to require a prospective developer of a large-scale retail use to fund a local study of the regional impact of the project, to be performed by an independent consultant chosen by the town. It also proposes to assure that large-scale retail uses not result in an undue adverse effect on the ability of adjacent municipalities to provide public services or facilities to the municipalities’ residents and property owners. It also proposes to require legislative staff to analyze the fiscal impacts on state programs from large-scale retail uses and report to the legislature by January 15, 2007.

AN ACT RELATING TO ENABLING MUNICIPALITIES AND THE STATE TO CONSIDER AND PLAN FOR LARGE-SCALE RETAIL DEVELOPMENT
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 24 V.S.A. § 4412 is amended to read:
§ 4412. REQUIRED PROVISIONS AND PROHIBITED EFFECTS
Notwithstanding any existing bylaw, the following land development provisions shall apply in every municipality:
(1) Equal treatment of housing and required provisions for affordable housing.
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(8) “Large-scale” retail uses.
(A) Definition. As used in this subdivision, “large-scale” retail use means any single retail business having a gross floor area in one or more buildings at the same location of 50,000 square feet or more in which:
(i) goods or merchandise is offered for retail sale to the general public or to members for personal, business, or household consumption; and
(ii) services incidental to the sale of those goods are provided.
(B) Conditional use review. Large-scale retail use, if allowed by a municipality in one or more zoning districts, shall be subject to conditional use review pursuant to subdivision 4414(3) of this section, in addition to any other review procedure proscribed in the zoning bylaw.
(C) Community and regional impact study.
(i) Prior to receiving any local permit or authorization for the project, any applicant for a new or expanded large-scale retail use shall provide the community with the funding necessary to complete a community and regional impact study of the projected costs and benefits to the community and region resulting from the project. This study shall be conducted by an independent consultant chosen by the appropriate municipal panel.
(ii) Issues addressed in the community and regional impact study of the projected costs and benefits to the community and region resulting from the project shall include:
(I) projected costs arising from the demand for and required improvements to public services and infrastructure;
(II) the value of improvements that are to be provided by the project to public services and to public facilities;
(III) projected tax revenues to be generated by the project;
(IV) projected impact on property values in the community and region and the potential loss or increase in municipal tax revenues resulting from the proposed project;
(V) projected net job loss or creation caused by the project and the resulting potential loss or increase in tax revenues; and estimates of how much revenue generated by the project will be retained and redirected into the economy of the community and the region.
(iii) Upon completion, a copy of the community and regional impact study shall be provided to each adjacent municipality and the regional planning commission at least 15 days prior to the final public hearing to consider the large-scale retail proposal, together with notification of the hearing date, time, and location.
Sec. 2. 24 V.S.A. § 4414 is amended to read:
§ 4414. ZONING; PERMISSIBLE TYPES OF REGULATIONS
Any of the following types of regulations may be adopted by a municipality in its bylaws in conformance with the plan and for the purposes established in section 4302 of this title.
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(3) Conditional uses.
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(D) With regard to large-scale retail uses, such uses shall not result in an undue adverse effect on the ability of adjacent municipalities to provide public services or facilities to the municipalities’ residents and property owners.
Sec. 3. STUDY OF FISCAL IMPACT ON STATE PROGRAMS FROM
LARGE-SCALE RETAIL USES
The joint fiscal office and the legislative council shall analyze the fiscal impacts on state programs from large-scale retail uses and report to the general assembly by January 15, 2007.