Dalton Considers Updating its Municipal Code
DALTON, Mass. — The town is considering updating its original 18-year municipal code to 2026 standards.
During a recent Select Board meeting, General Code New England account manager Zach Dumont outlined the 18- to-24 month process.
General Code New England is a division of the International Code Council, which writes all the statewide building codes across the United States. For the last 18 years, the organization has been the codifier for municipalities.
"We work with communities to build, maintain, and update your local municipal code. That is your collection of bylaws, ordinances, regulations, and any other legislation you've ever adopted," Dumont said.
Once the project is complete, the town would have a fully updated set of books and an improved eCode360 site, he said.
"The way the process would work is we would put together a scope of work, a timeline, a price point, and everything that we would want to touch or do as a part of the code project," Dumont said.
When a municipal code is built, it has a general lifespan of about 15 to 20 years, and although that is a long time, it goes by very quickly, he said.
Over that time, the town has held several town meetings and adopted new bylaws, whether it's allowing the sale of cannabis or less controversial things, such as updating fees or amending zoning regulations, Dumont said.
Elected and administrative officials also change, bringing new perspectives, priorities and ideas, so want to make changes that are sometimes not addressed properly when entered into the municipal code, he said.
While all that is going on in town, things are also happening at the state level resulting in changes to general legislation, and sometimes these changes at the state level have not been integrated into the town's code, he said.
There have been complaints from various citizens regarding the town's code for various reasons, whether it's the general or residential code, Select Board member Antonio "Tony" Pagliarulo said.
"In looking at our code, we do use e-code, but I feel we're behind the times," he said.
Pagliarulo was prompted to reach out to Dumont several months ago after finding out from an iBerkshires article that he is also working with North Adams to update its codes.
"I spoke with the clerk there, and she's very pleased with the work. It's a long-term process or procedure," he said.
Most codes range from 250 to 300 pages; some can be a little bigger. Dalton has about 370 pages, Dumont said.
Since 2008, the town has officially updated its code nine times through the supplementation process, by adding supplementary code material.
"You're basically updating your code every other year. That's not a bad thing. You're a smaller community. You're out in the Berkshires. It's not like you're Somerville or Chelsea where things are changing every 30 seconds," Dumont said.
"You folks have been diligent. You've been aware, but as Tony was saying, some things change [and] we want to make sure that those changes are accurately reflected."
During recodification, every section of the town's code is reviewed against current state statutes to identify outdated references, missing requirements or inconsistencies. This typically takes about six months, he said.
It also examines whether town officials' duties are accurately reflected and gives officials an opportunity to discuss and modernize bylaws.
As part of the process, towns will typically establish a bylaw review committee that can conduct its own research and identify known problem areas.
Department heads and staff involved in day-to-day enforcement can help identify outdated bylaws because they may encounter provisions that no longer make sense given changes in circumstances or state laws that have not been reflected in the town's bylaws, Dumont said.
Draft changes are developed collaboratively, brought before town meeting for approval, and then sent to the Attorney General's Office before being added to the official code.
Dumont recommended that the town update its zoning and general bylaws at the same time, given the volume of content to review and its interconnectedness.
Most general bylaws are about 100 pages and zoning usually has about 200 pages, he said.
That approach allows the town to have a comprehensive picture of its bylaws once the review is complete, rather than addressing them in pieces, which takes longer and could potentially overlook provisions or issues.
"So there's a lot that can go into the recodification process. The one I do recommend is don't come in with agendas. Come in with an open mind and a willingness to work and make sure that it's a cohesive process," Dumont said. ?
Although the process is lengthy and detailed, it helps ensure the town's bylaws remain current and legally sound.
"It's a long process, but it's a great way to make sure that the structure of your code still makes sense, that there's nothing glaringly obvious," he said.
One town that had been sued, and although ultimately won, later used the recodification process to make the section they were being sued over was significantly more detailed to help prevent similar legal disputes in the future, Dumont said.
Tags: bylaws, codification,
