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BYLAW STANDARDS Limitations and Application As specified under the Vermont Planning and Development Act (24 V.S.A. §§ 4413, 4414): 1. No bylaw shall prohibit, or have the effect of prohibiting, the installation of solar collectors, clotheslines, or other energy devices based on renewable resources. 2. Bylaws shall not regulate public utility power generating plants and transmission facilities regulated by the Vermont Public Service Board under 30 V.S.A. §248. 3. The town may adopt zoning and subdivision bylaws that encourage energy conservation, that protect and provide access to renewable energy resources, and that provide regulatory incentives for renewable energy technology. Given these limitations, the standards under this section shall apply to: 1. Energy facilities that are not regulated by the Public Service Board, including but not limited to off-grid wind and solar facilities, and solar thermal and biomass installations. 2. The municipal review of proposed renewable energy facilities subject to Public Service Board (Section 248) review, in association with municipal plan policies, which may serve as the basis for municipal participation in Public Service Board proceedings. 3. The protection of access to renewable energy resources to the extent allowed under state law. 4. The promotion of energy-efficient forms of development, and renewable energy facilities – including the identification or designation of suitable locations for the installation of renewable energy facilities under site plan or subdivision review. 5. Planned Unit Developments (PUDs) that are designed to promote energy efficient development or the incorporation of individual or group net-metered renewable energy facilities in development design. Note: While the town has limited authority to regulate building efficiency and the development of energy generation and transmission facilities under its land use regulations, it does have the ability to regulate off-grid renewable energy facilities, and to accommodate and promote energy efficient development, access to renewable energy resources, and locations for the siting new renewable energy facilities under site plan and subdivision review. Local bylaws can also be referenced in the municipal review of projects before the Public Service Board, to help ensure that all energy development is consistently addressed by the community. 32PDF Image | POLICY GUIDE FOR SOUTHERN WINDSOR COUNTY
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