11-005 Code Vt. R. 11-020-005-X

Current through August, 2024
Section 11 020 005 - RULES FOR THE ALLOCATION AND DISTRIBUTION OF MUNICIPAL PLANNING FUNDS
Section 1.1 Purpose

These rules establish the means by which municipal planning funds will be allocated and distributed to Vermont municipalities for the purposes authorized by 24 VSA Section 4306(b)(4).

Section 1.2 Definitions
(A) "Commissioner" means the Commissioner of the Department of Housing and Community Affairs.
(B) "Confirmation" is the process set forth in 24 VSA Section 4350 by which a regional planning commission reviews a member municipality's planning activities and establishes that the municipality is (1) engaged in a continuing planning process that, within a reasonable time, will result in a plan which is consistent with the goals contained in 24 VSA Section 4302 and(2) maintaining its efforts to provide local funds for municipal and regional planning purposes.
(C) "Department" means the Department of Housing and Community Affairs.
(D) "Municipality" means a town, a city, an unorganized town or gore, or an incorporated village (a village having adopted its own plan and one or more bylaws) meeting the definition of municipality contained in 24 VSA Section 4303(4).
(E) "Nearby municipality" means any Vermont town, city, unorganized town or gore which is geographically adjacent and connected to another town, city, unorganized town or gore through their mutual boundary by a Class 2 or better Highway.
(F) "Regional Planning Commission" means a planning commission for a region created under 24 VSA Chapter 117 Section 4341.
Section 1.3 Eligibility

To qualify for funds under these rules, a municipality must meet both of the following conditions:

(A) Be confirmed by the regional planning commission of which the municipality is a member.
(B) Have completed the reporting requirements, as set out in Section 1.7(C) of these rules.
(C) Villages becoming "municipalities." In order to be eligible for separate funding from its corresponding town for any state fiscal year, an incorporated village must have adopted its own plan and one or more bylaws by July 1 of that year, as well as meeting the requirements set forth in Subsections (A) and (B).
Section 1.4 Source of Funds

The source of funds for these purposes is the sum appropriated to the Department for assistance to municipal planning from the Municipal and Regional Planning Fund as described in 32 VSA Section 9610(c) and 24 VSA Section 4306.

Section 1.5 Allocation of Funds

The funds appropriated for municipal planning shall be allocated to Vermont municipalities in the following manner (The methodology for the allocation of funds can be found in Appendix A to these rules):

(A) Two-thirds of the funds will be allocated on a per capita basis, using the most recent population estimate published by the Vermont Department of Health.
(B) A minimum base allocation of $ 1,000 will be provided to those municipalities, including incorporated villages qualifying as municipalities, whose per capita allocation under Subsection (A) would otherwise be less than $ 1,000.
(C) One-third of the remaining balance, after Subsections (A) and (B) have been calculated, will be allocated, using the following indicators of growth:
(1) Twenty-five percent according to the absolute change in population, using a three-year moving average.
(2) Twenty-five percent according to the percentage change in population, using a three-year moving average.
(3) Fifty percent according to the percentage change in the equalized grand list, using a three-year moving average. The equalized grand list will be determined by using the most recent aggregate fair market value data as determined by the Vermont Department of Taxes, Division of Property Valuation and Review.
(D) One-third of the remaining balance, after Subsections (A) and (B) have been calculated, will be allocated in accordance with the level of development in nearby municipalities, using an index generated under the indicators of growth in Section 1.5(C) of these rules to indicate the level of development activity in nearby municipalities.
(E) One-third of the remaining balance, after Subsections (A) and (B) have been calculated, will be allocated according to community need, based on a local tax effort index derived by dividing the average statewide per capita income by a town's, city's, unorganized town's or gore's per capita income, multiplied by the town's, city's, unorganized town's or gore's effective tax rate. The effective tax rate is determined by dividing the total taxes assessed by the town, city, unorganized town or gore by the aggregate fair market value. The local tax effort will be calculated using the most recent data published by the Vermont Department of Taxes.
(F) Due to lack of data, incorporated villages qualifying as municipalities cannot be included in the formula calculations (Subsections C, D, and E). Therefore, the corresponding towns' allocations will be adjusted, based on the village's population in proportion to the town's, to include the villages in the final list.
Section 1.6 Use of Funds

The funds may be used to:

(A) Develop the municipal plan as described in 24 VSA, Chapter 117, Subchapter 5.
(B) Develop municipal by-laws as described in 24 VSA, Chapter 117, Subchapter 6.
(C) Administer and enforce the municipal plan and by-laws as described in 24 VSA, Chapter 117, Subchapter 7.
(D) Acquire development rights, conservation easements, or purchases of lands, areas and structures identified in either regional or municipal plans as necessary to provide needed housing, aquifer protection, open space, farmland preservation or other conservation purposes.
(E) Fund the regional planning commission in undertaking capacity studies.
Section 1.7 Administrative Procedures
(A) Annual Allocation Estimate

On or about January 15 of each year the Department will prepare an estimate, based on the Governor's proposed budget, of the next state fiscal year's allocation for all municipalities. The Department will at that time inform all municipalities of their estimated allocation.

(B) Distribution of Funds
(1) The funds will be disbursed by the Department in two installments, the first on or about August 1 and the second on or about April 1, to those municipalities which met the eligibility requirements of Section 1.3 of these rules as of the date of distribution. It is up to the regional planning commissions to notify the Department each year as to which municipalities have a current confirmation status. A municipality non-eligible at the date of distribution will be sent its allocation at any time during the fiscal year upon meeting the eligibility requirements of Section 1.3 of these rules.
(2) The August installment shall be 70 percent of the municipality's total payment for a given fiscal year. The April installment shall be 30 percent of the total.
(C) Reporting Requirements

On or about May 1 of each year, the Department will mail a questionnaire to each municipality receiving planning funds. The questionnaire shall ask the municipality to describe how the funds have been expended. If the funds have not been expended, the municipality will explain for what purpose(s) the funds are being carried over.

(D) Expenditure of Funds

The Commissioner may withhold funding if the municipality has not expended the prior fiscal year's funds for one or more of the eligible uses set out in Section 1.6 of these rules or has not carried over the funds for future expenditure on one or more of the eligible uses. In making a determination to withhold funding, the Commissioner may request the municipality to produce documentation showing how the planning funds have been expended. Before the Commissioner makes any final determination to withhold funding, the Commissioner or his or her designee shall meet with officials from the involved municipality, if the municipality so requests, to review the matter.

(E) Undistributed Funds

All funds remaining undistributed by the end of any state fiscal year shall revert to the Municipal and Regional Planning Fund.

Appendix A. Methodology for the Allocation of Funds.

In order to demonstrate how the municipal allocation formula is applied, a hypothetical example, using the Town and Village of "Deerfield", is shown below. The numbers in this example are therefore not real, and any resemblance to an actual municipality is purely coincidental. These calculations are based on an assumed allocation of $ 1.5 million for municipal planning.

NOTE: For the purposes of this example, year "A" represents the most recent year for which there is data. Year "B" is the year before "A"; year "C", the year before "B"; and year "D" is the year before "C".

FACTOR 1 - Population

Based on $ 1,000,000 available for Factor 1 (representing 2/3 of the $ 1,500,000 allocation for municipal planning) and year "A" estimated statewide population of 548,000.

Per capita allocation = $ 1,000,000/548,000 = $ 1.82

Town of Deerfield year "A" estimated population = 3,553

Town of Deerfield Factor 1 allocation = 3,553 x $ 1.82 = $ 6,466.46 (Factor 1)

Because the Town of Deerfield is associated with an incorporated village meeting the definition of "municipality", the $ 6,466 allocation will be divided between the two. This is done by population.

Village POP "A" = 1810

Town (including village) POP "A" = 3553

Village of Deerfield allocation = Total town alloc. x Village POP "A"/Town POP "A" = $ 6466 x 1810/3553

Village of Deerfield allocation = $ 3,294

Subtract the Village allocation from the total allocation to determine the Town's share.

Town of Deerfield allocation = $ 6466 - $ 3294 = $ 3,172

Both the Town's and the Village's allocation are above the minimum base of $ 1,000 and therefore do not need to be adjusted upward.

FACTOR 2 - Indicators of Growth --- 33.33% (1/3) of remaining funds

A) Population
1. Absolute change ( POP) (8.33% of remaining funds (25% of 33.33%))

POP = POP A + POP B + POP C/3 - POP B + POP C + POP D/3

= 3553 + 3490 + 3445/3 - 3490 + 3445 + 3357/3

= 3496 - 3431

= 65

Compare Deerfield's absolute population increase of 65 to the average of all the calculated town, city, unorganized town and gore absolute population increases (in this case the average is, say, 53) to get a normalized factor:

N( POP) = 65/53 = 1.23

This means that Deerfield's absolute population increase is about 1 and 1/4 times the average absolute population increase.

Apply the 8.33% weight:

W( POP) = 1.23 x 8.33 = 10.25 (Factor 2. A.1)

NOTE: Where there is a negative factor (i.e., if there is a loss of population), the value of zero will be used.

2. Percent change ( POP%) (8.33% of remaining funds (25% of 33.33%))

POP% = POP A + POP B + POP C/3 - POP B + POP C + POP D/3/POP B + POP C + POP D/3 x 100

= 3,496 - 3,431/3,431 x 100

= 1.89%

Compare to the state average by dividing Deerfield's POP% by the average of the other town, city, unorganized town, and gore POP% (which happens to be 3%), resulting in a normalized factor.

N( POP%) = 1.89/3 = .63 (This means that Deerfield's percent population increase is roughly 2/3 that of the average percent increase.)

Since this factor is worth 8.33% of remaining funds, multiply it by 8.33 to get the weighted factor:

W( POP%) = .63 x 8.33 = 5.25 (Factor 2.A.2) Again, if there were a negative factor, the value of zero would be used.

B) Percent change in Equalized Grand List (EGL) (16.67% of remaining funds (50% of 33.33%))

EGL = AFMV/100, where AFMV = aggregate fair market value for Town of Deerfield

EGL D = AFMV D/100 = $ 57,567,625/100 = $ 575,676

EGL C = $ 616,571

EGL B = $ 671,253

EGL A = $ 763,655

Percent Change:

EGL% = EGL A + EGL B + EGL C/3 - EGL B + EGL C + EGL D/3/EGL B + EGL C + EGL D/3 x 100

EGL% = 683, 826 - 621,167/621,167 x 100

= 10.09%

Normalize EGL% by dividing by state average of 21.99% (again, the state average here is the average of all the town, city, unorganized town, and gore EGL%)

N( EGL%) = 10.09%/21.99%

N( EGL%) = .46 The percent change in Deerfield EGL is therefore almost 1/2 of the average percent change in the state.

Apply the 16.67% weight:

W( EGL%) = .46 x 16.67

W( EGL%) = 7.67 (Factor 2B) Again, if there were a negative factor, the value of zero would be used.

FACTOR 3 - Level of Development in Nearby Municipalities -- 33.33% (1/3) of remaining funds

Nearby is defined here as adjacent and connected through the mutual boundaries by a class 2 or better Highway.

Deerfield's nearby municipalities, along with their own Growth Indicators, are as follows:

TOWN

W(POP%)

W(POP)

W(EGL%)

SUM GROWTH INDICATORS

Town of Abbot

0.00

0.50

11.84

12.34

Town of Barrington

0.00

0.00

15.50

15.50

Town of Foxboro

18.74

22.24

12.50

53.48

Town of Eastport

0.67

2.75

16.34

19.76

Town of Hamlin

3.00

5.58

14.67

23.25

Town of Harmony

0.00

0.00

0.00

0.00

Town of Southbury

39.48

8.33

10.50

58.31

SUM

182.64

TOWN

W(POP%)

W(POP)

W(EGL%)

SUM GROWTH INDICATORS

Town of Abbot

0.00

0.50

11.84

12.34

Town of Barrington

0.00

0.00

15.50

15.50

Town of Foxboro

8.74

22.24

12.50

53.48

Town of Eastport

0.67

2.75

16.34

19.76

Town of Hamlin

3.00

5.58

14.67

23.25

Town of Harmony

0.00

0.00

0.00

0.00

Town of Southbury

39.48

8.33

10.50

58.31

SUM

182.64

Average of the sum of growth indicators (182.64 divided by 7) . . 26.09

Because this figure has already been normalized and weighted, we don't do it again.

26.09 (Factor 3)

FACTOR 4 - Community need --- 33.33% (1/3) of remaining funds based on "local tax effort index" (TE)

A tax effort index is used to measure each community's need. A community's ability to raise revenue through the assessment of property taxes is measured relative to the ability of its residents to pay taxes. This index incorporates municipal aggregate fair market value, the municipal tax assessment, and the municipal per capita income as compared to the statewide average per capita income. Wealthier municipalities will have a lower tax effort index than poorer municipalities. Please note that for the calculations in factor 4, "municipal" means town, city, unorganized town or gore. The formula is as follows:

TE = 100 x municipal taxes assessed/municipal aggregate fair market value x state per capita income/municipal per capita income

for the Town of Deerfield:

TE = 100 x $ 1,054,292/$ 76,365,476 x $ 9,485/$ 9,939

TE = 1.32

Each community's tax effort is then compared to the average of all the calculated community tax efforts in the state (say the average is 1.10) to obtain the tax effort factor:

TE factor = 1.32 / 1.10 = 1.20

The weighted tax effort factor is found by multiplying the TE factor by 33.33.

Wtd. TE factor = 1.20 x 33.33 = 40.00 (Factor 4)

TOTALS

Step 1: Add all of the Town of Deerfield's Factors 2, 3 and 4

Total Factor = 10.25 + 5.25 + 7.67 + 26.09 + 40.00

Total Factor = 89.26 points

Step 2: A per point allocation is determined by dividing the remaining funds, after the minimum base adjustments from Factor 1 have been made to all municipalities, by the statewide number of points.

Per point allocation = Remaining funds/Statewide points

= $ 495,575.25/24,046.83

= $ 20.61/point

Step 3: Multiply Deerfield's point total by the Dollar value per point. Deerfield allocation factors 2, 3, 4 = $ 20.61/pt x 89.26 = $ 1,840

Step 4: Allocate Village and Town shares for factors 2,3, and 4.

Village of Deerfield allocation = Alloc. (Village POP A)/Town POP A

= $ 1840 (1810)/3553

Village of Deerfield Allocation = $ 937

Town of Deerfield Allocation = $ 1840 - $ 937

Town of Deerfield Alloc. = $ 903

Step 5: The total allocations for the town and the village are calculated by adding the allocation from Factor 1 to the allocation from Factors 2,3 and 4.

Total Village allocation = $ 3294 + $ 937 = $ 4,231

Total Town allocation = $ 3172 + $ 903 = $ 4,075

11-005 Code Vt. R. 11-020-005-X

STATUTORY AUTHORITY: 24 V.S.A. § 4306
EFFECTIVE DATE: July 1, 1989 Secretary of State Rule Log #89-25)
AMENDED: July 1, 1992 Secretary of State Rule Log #92-29; July 2009 [The Department of Housing and Community Affairs and the Department of Economic Development were merged into the new Department of Economic, Housing and Community Development]