In re Snyder Group, Inc. PUD Final Plat
233 A.3d 1077
Vt.2020Background:
- Snyder Group sought final plat/PUD approval in South Burlington for a 48-unit development using 17 TDRs from a separate parcel; the DRB approved the application.
- Neighbors appealed to the Environmental Division, arguing the City’s TDR bylaw violated 24 V.S.A. § 4423(a) and was unconstitutionally vague; the Environmental Division granted summary judgment for neighbors on § 4423(a)(3) and (5) and vagueness.
- Snyder Group appealed; neighbors cross-appealed more broadly; the City filed briefs without filing a notice of appeal and the Supreme Court struck those briefs.
- Central legal questions: whether § 4410 supersedes or negates the specific requirements of § 4423(a); whether the City’s TDR bylaw satisfies § 4423(a)(1)–(5) (sending/receiving areas, definition/quantity of development rights, and definition of density increase); and whether the bylaw is void for vagueness.
- Vermont Supreme Court reversed the Environmental Division: it held the bylaw complies with § 4423(a) (all subsections at issue) and is not unconstitutionally vague, and remanded for judgment in favor of the applicant.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 4410 gives municipalities authority to ignore or supersede § 4423(a) requirements | Applicant: §4410’s broad grant allows TDR bylaws without strict adherence to §4423(a) | Neighbors: §4423(a) is the specific controlling statute for TDRs and must be followed | §4423(a) is the specific statute and constrains municipalities; §4410 does not negate §4423(a) but informs flexible construction |
| Whether the bylaw specifies sending and receiving areas and defines "development rights" (§4423(a)(1),(2),(5)) | Applicant: the regulations designate development/conservation areas and define "development" broadly; that suffices | Neighbors: bylaw fails to define "sending/receiving areas" and does not expressly define "development rights" or include the §4423(a)(5) minimum encumbrance terms | Court: §9.04 and §9.13C adequately designate sending/receiving areas; the regulations’ general definition of development and reading-in of §4423(a)(5) requirements satisfy the statute |
| Whether the bylaw defines amount of density increase and quantity of rights to obtain it, and whether it defines "density increase" (§4423(a)(3),(4)) | Applicant: §9.05(B) sets base and max densities (du/acre); quantity of rights equals the difference; density increase reasonably measured by du/acre in combination with dimensional standards | Neighbors: bylaw does not state the quantity of rights needed and du/acre alone fails to meet (a)(4)’s specific metric options | Court: bylaw satisfies (a)(3) — amount and quantity are defined (one-to-one relationship); bylaw satisfies (a)(4) by allowing density increase in du/acre in combination with dimensional standards |
| Whether the TDR bylaw is unconstitutionally vague (facial challenge) | Neighbors: open-ended discretion (e.g., "all or a portion" transfers; city attorney approval) allows arbitrary enforcement | Applicant: bylaw supplies sufficient conditions, standards, and safeguards for DRB and city attorney decisions | Court: facial vagueness challenge fails — the bylaw provides sufficient overall standards and procedures; not void for vagueness |
Key Cases Cited
- State of Vt. Agency of Nat. Res. v. Parkway Cleaners, 210 A.3d 445 (statutory construction and summary judgment standard)
- Blundon v. Town of Stamford, 576 A.2d 437 (specific statute governs over a more general one)
- In re White, 587 A.2d 928 (narrow review of zoning ordinances)
- Town of Brattleboro v. Nowicki, 117 A.2d 258 (presumption of validity for municipal ordinances)
- In re Pierce Subdivision Application, 965 A.2d 468 (vagueness standard for land-use regulations)
- In re Appeal of JAM Golf, LLC, 969 A.2d 47 (invalidating ordinance provision that lacked standards to guide decisionmakers)
- CMR D.N. Corp. v. City of Philadelphia, 703 F.3d 612 (facial vagueness requires showing invalid in all applications)