Rutland planning commission to ask select board to meet with town attorney on subdivision ordinance and possible unified development bylaw

The Town of Rutland Planning Commission on May 29 agreed to present the town attorney’s written advice to the select board and to request a meeting that includes the attorney, Kevin Brown, to discuss the current subdivision ordinance and options going forward.

Commissioners said Brown’s letter — presented to the commission in recent meetings — concludes the existing subdivision ordinance contains provisions that stray into zoning and that portions are unlikely to withstand judicial review. Commissioners said the finding leaves the town exposed if disputed development is litigated and that the select board should be briefed on the legal risks before the commission proceeds with drafting or hiring consultants.

Commissioners discussed making a modest, first-step request of the select board: authorize a joint meeting with Brown where he can explain, in person, why the ordinance is problematic, outline possible remedies and answer select-board members' questions. Several commissioners favored limiting the initial ask to an informational meeting and said they did not want to begin paying for outside consultants until the select board endorsed next steps.

The commission also discussed possible long-term approaches, including developing a unified development bylaw that would combine zoning, subdivision and other land-use regulations into a single document. Commissioners noted that producing a legally sound, enforceable code will likely require significant effort and outside expertise — either a consultant or assistance from the regional planning commission — and that Bristol and other neighboring towns provide models, but the commission said the size and cost of a boilerplate ordinance can vary widely.

Commissioners identified several talking points for the select board: (1) the town’s current subdivision ordinance may not be enforceable in court; (2) incremental edits would leave gaps because portions of the ordinance effectively function as zoning; (3) litigation risk and continued incremental amendments add to the town’s exposure; and (4) a unified development bylaw or a combined zoning/subdivision ordinance is one durable solution but would require further study and likely outside professional help. The commission agreed its immediate next step is to provide the select board with Kevin Brown’s letter and to ask whether the board will meet jointly with Brown and the commission to discuss options.

No formal vote on a specific contract or consultant was taken at the May 29 meeting; commissioners asked that the select board first consider the information and decide what level of follow-up (including funding or consultant engagement) it wants the commission to pursue.