reglab/housing_qa huggingface dataset:
24 V.S.A. § 4453
2021 Vermont Statutes|Title 24 - Municipal and County Government|Chapter 117 - Municipal and Regional Planning and Development|§ 4453. Challenges to housing provisions in bylaws

§ 4453. Challenges to housing provisions in bylaws|The Attorney General or a designee shall investigate when there is a complaint that a bylaw or its manner of administration violates subdivision 4412(1) of this title, relating to equal treatment of housing and adequate provision of affordable housing. Upon determining that a violation has occurred, the Attorney General may file an action in the Environmental Division to challenge the validity of the bylaw or its manner of administration. In this action, the municipality shall have the burden of proof to establish by a preponderance of the evidence that the challenged bylaw or its manner of administration does not violate the provisions of subdivision 4412(1) of this title. If the Division finds the bylaw or its administration to be in violation, it shall grant the municipality a reasonable period of time to correct the violation and may extend that time. If the violation continues after that time, the Division shall order the municipality to grant all requested permits and certificates of occupancy for housing relating to the area of continuing violation. (Added 2003, No. 115 (Adj. Sess.), § 101; amended 2009, No. 154 (Adj. Sess.), § 236.)
24 V.S.A. § 4455
2021 Vermont Statutes|Title 24 - Municipal and County Government|Chapter 117 - Municipal and Regional Planning and Development|§ 4455. Revocation

§ 4455. Revocation|On petition by the municipality and after notice and opportunity for hearing, the Environmental Division may revoke a municipal land use permit issued under this chapter, including a permit for a telecommunications facility, on a determination that the permittee violated the terms of the permit or obtained the permit based on misrepresentation of material fact. (Added 2009, No. 54, § 47, eff. June 1, 2009; amended 2009, No. 154 (Adj. Sess.), § 236.)
24 V.S.A. § 4461
2021 Vermont Statutes|Title 24 - Municipal and County Government|Chapter 117 - Municipal and Regional Planning and Development|§ 4461. Development review procedures

§ 4461. Development review procedures|(a) Meetings. An appropriate municipal panel shall elect its own officers and adopt rules of procedure, subject to this section and other applicable State statutes, and shall adopt rules of ethics with respect to conflicts of interest. Meetings of any appropriate municipal panel shall be held at the call of the chairperson and at such times as the panel may determine. The officers of the panel may administer oaths and compel the attendance of witnesses and the production of material germane to any issue under review. All meetings of the panel, except for deliberative and executive sessions, shall be open to the public. The panel shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating this, and shall keep records of its examinations and other official actions, all of which shall be filed immediately in the office of the clerk of the municipality as a public record. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of the members of the panel, and any action of the panel shall be taken by the concurrence of a majority of the panel.(b) Information gathering and record of participation by interested persons. An appropriate municipal panel in connection with any proceeding under this chapter may examine or cause to be examined any property, maps, books, or records bearing upon the matters concerned in that proceeding, may require the attendance of any person having knowledge in the premises, may take testimony and require proof material for its information, and may administer oaths or take acknowledgment in respect of those matters. Any of the powers granted to an appropriate municipal panel by this subsection may be delegated by it to a specifically authorized agent or representative, except in situations where the Municipal Administrative Procedure Act applies. In any hearing, there shall be an opportunity for each person wishing to achieve status as an interested person under subsection 4465(b) of this title to demonstrate that the criteria set forth in that subsection are met, and the panel shall keep a written record of the name, address, and participation of each of these persons.(c) Expenditures for service. An appropriate municipal panel may employ or contract for secretaries, clerks, legal counsel, consultants, and other technical and clerical services. All members of an appropriate municipal panel may be compensated for the performance of their duties and may be reimbursed by their municipality for necessary and reasonable expenses. (Added 2003, No. 115 (Adj. Sess.), § 104.)
24 V.S.A. § 4462
2021 Vermont Statutes|Title 24 - Municipal and County Government|Chapter 117 - Municipal and Regional Planning and Development|§ 4462. Combined review

§ 4462. Combined review|If more than one type of review is required for a project, the reviews, to the extent feasible, shall be conducted concurrently. A process defining the sequence of review and issuance of decisions shall be defined in the bylaw. (Added 2003, No. 115 (Adj. Sess.), § 104.)
24 V.S.A. § 4466
2021 Vermont Statutes|Title 24 - Municipal and County Government|Chapter 117 - Municipal and Regional Planning and Development|§ 4466. Notice of appeal

§ 4466. Notice of appeal|A notice of appeal shall be in writing and shall include the name and address of the appellant, a brief description of the property with respect to which the appeal is taken, a reference to the regulatory provisions applicable to that appeal, the relief requested by the appellant, and the alleged grounds why the requested relief is believed proper under the circumstances. (Added 2003, No. 115 (Adj. Sess.), § 106.)
24 V.S.A. § 4468
2021 Vermont Statutes|Title 24 - Municipal and County Government|Chapter 117 - Municipal and Regional Planning and Development|§ 4468. Hearing on appeal

§ 4468. Hearing on appeal|The appropriate municipal panel shall set a date and place for a public hearing of an appeal under this chapter that shall be within 60 days of the filing of the notice of appeal under section 4465 of this title. The appropriate municipal panel shall give public notice of the hearing and shall mail to the appellant a copy of that notice at least 15 days prior to the hearing date. Any person or body empowered by section 4465 of this title to take an appeal with respect to that property at issue may appear and be heard in person or be represented by an agent or attorney at the hearing. Any hearing held under this section may be adjourned by the appropriate municipal panel from time to time; provided, however, that the date and place of the adjourned hearing shall be announced at the hearing. All hearings under this section shall be open to the public and the rules of evidence applicable at these hearings shall be the same as the rules of evidence applicable in contested cases in hearings before administrative agencies as set forth in 3 V.S.A. § 810. (Added 2003, No. 115 (Adj. Sess.), § 106.)
24 V.S.A. § 4470
2021 Vermont Statutes|Title 24 - Municipal and County Government|Chapter 117 - Municipal and Regional Planning and Development|§ 4470. Successive appeals; requests for reconsideration to an appropriate municipal panel

§ 4470. Successive appeals; requests for reconsideration to an appropriate municipal panel|(a) An appropriate municipal panel may reject an appeal or request for reconsideration without hearing and render a decision, which shall include findings of fact, within 10 days of the date of filing of the notice of appeal, if the appropriate municipal panel considers the issues raised by the appellant in the appeal have been decided in an earlier appeal or involve substantially or materially the same facts by or on behalf of that appellant. The decision shall be rendered, on notice given, as in the case of a decision under subdivision 4464(b)(3) of this title, and shall constitute a decision of the appropriate municipal panel for the purpose of section 4471 of this title.(b) A municipality shall enforce all decisions of its appropriate municipal panels, and further, the Superior Court's Civil or Environmental Division shall enforce such decisions upon petition, complaint, or appeal or other means in accordance with the laws of this State by such municipality or any interested person by means of mandamus, injunction, process of contempt, or otherwise. (Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1993, No. 232 (Adj. Sess.), § 20, eff. March 15, 1995; 2003, No. 115 (Adj. Sess.), § 107; 2009, No. 154 (Adj. Sess.), § 236.)
24 V.S.A. § 4470a
2021 Vermont Statutes|Title 24 - Municipal and County Government|Chapter 117 - Municipal and Regional Planning and Development|§ 4470a. Misrepresentation; material fact

§ 4470a. Misrepresentation; material fact|An administrative officer or appropriate municipal panel may reject an application under this chapter, including an application for a telecommunications facility, that misrepresents any material fact. After notice and opportunity for hearing in compliance with 3 V.S.A. § 809, an appropriate municipal panel may award reasonable attorney's fees and costs to any party or person who may have become a party but for the false or misleading information or who has incurred attorney's fees or costs in connection with the application. (Added 2009, No. 54, § 48, eff. June 1, 2009.)
24 V.S.A. § 4472
2021 Vermont Statutes|Title 24 - Municipal and County Government|Chapter 117 - Municipal and Regional Planning and Development|§ 4472. Exclusivity of remedy; finality

§ 4472. Exclusivity of remedy; finality|(a) Except as provided in subsections (b) and (c) of this section, the exclusive remedy of an interested person with respect to any decision or act taken, or any failure to act, under this chapter or with respect to any one or more of the provisions of any plan or bylaw shall be the appeal to the appropriate panel under section 4465 of this title, and the appeal to the Environmental Division from an adverse decision upon such appeal under section 4471 of this title. The appeal to the Environmental Division, if not on the record, as allowed under section 4471 of this title, shall be governed by the Vermont Rules of Civil Procedure and such interested person shall be entitled to a de novo trial in the Environmental Division. If the appeal to the Environmental Division is on the record, according to the provisions of section 4471 of this title, it shall be governed by the Vermont Rules of Civil Procedure. Whether proceeding on the record or de novo, the court shall have and may exercise all powers and authorities of a Superior Court.(b) The remedy of an interested person with respect to the constitutionality of any one or more of the provisions of any bylaw or municipal plan shall be governed by the Vermont Rules of Civil Procedure with a de novo trial in the Superior Court, unless the issue arises in the context of another case under this chapter, in which instance it may be raised in the Environmental Division. In such cases, hearings before the appropriate municipal panel shall not be required. This section shall not limit the authority of the Attorney General to bring an action before the Environmental Division under section 4453 of this title, with respect to challenges to housing provisions in bylaws.(c) The provisions of this section shall not be construed as preventing appeals to the Supreme Court in accordance with the Vermont Rules of Civil Procedure and the Vermont Rules of Appellate Procedure.(d) Upon the failure of any interested person to appeal to an appropriate municipal panel under section 4465 of this title, or to appeal to the Environmental Division under section 4471 of this title, all interested persons affected shall be bound by that decision or act of that officer, the provisions, or the decisions of the panel, as the case may be, and shall not thereafter contest, either directly or indirectly, the decision or act, provision, or decision of the panel in any proceeding, including any proceeding brought to enforce this chapter. (Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 255 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 261, (Adj. Sess.), § 8, 1993, No. 232 (Adj. Sess.), § 49, eff. March 15, 1995; 2003, No. 115 (Adj. Sess.), § 107; 2009, No. 154 (Adj. Sess.), § 236.)
24 V.S.A. § 4473
2021 Vermont Statutes|Title 24 - Municipal and County Government|Chapter 117 - Municipal and Regional Planning and Development|§ 4473. Purpose; limitation

§ 4473. Purpose; limitation|It is the purpose of this chapter to provide for review of all questions arising out of or with respect to the implementation by a municipality of this chapter. Except as specifically provided herein, no board of adjustment or development review board may amend, alter, invalidate, or affect any development plan or bylaw of any municipality or the implementation or enforcement thereof, or allow any use not permitted by any zoning regulations or other bylaw. (Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1973, No. 255, § 4, eff. April 11, 1974; 1993, No. 232 (Adj. Sess.), § 21, eff. March 15, 1995.)
24 V.S.A. § 4474
2021 Vermont Statutes|Title 24 - Municipal and County Government|Chapter 117 - Municipal and Regional Planning and Development|§ 4474. Clerk's certificate

§ 4474. Clerk's certificate|A certificate of the clerk of a municipality showing the publication, posting, consideration, and adoption of a plan, bylaw, capital budget, or program or amendment thereof shall be presumptive evidence of the facts as they relate to the lawful adoption of said plan, bylaw, capital budget, or program or amendment thereof, so stated in any action or proceeding in court or before any board, commission, or other tribunal. (Added 1973, No. 261 (Adj. Sess.), § 9; amended 1975, No. 164 (Adj. Sess.), § 10.)
24 V.S.A. § 4480
2021 Vermont Statutes|Title 24 - Municipal and County Government|Chapter 117 - Municipal and Regional Planning and Development|§ 4480. Construction of chapter

§ 4480. Construction of chapter|The provisions of this chapter shall not affect any act done, contract executed, or liability incurred prior to its effective date, or affect any suit or prosecution pending or to be instituted, to enforce any right, rule, regulation, or ordinance or to punish any offense against any such repealed laws or against any ordinance enacted under them. All ordinances, resolutions, regulations, and rules made under any act of the General Assembly repealed by this chapter shall continue in effect as if such act had not been repealed, except as otherwise specifically provided in this chapter. (Added 2003, No. 115 (Adj. Sess.), § 109.)
24 V.S.A. § 4481
2021 Vermont Statutes|Title 24 - Municipal and County Government|Chapter 117 - Municipal and Regional Planning and Development|§ 4481. Saving clause

§ 4481. Saving clause|The amendment of this chapter and the repeal of prior enabling laws relating to zoning ordinances, subdivision regulations, or bylaws or any ordinance or regulation similar to a bylaw authorized by this chapter shall not invalidate any zoning ordinance, subdivision regulation, or bylaw or any such ordinance or regulation enacted under those prior enabling laws, except as follows. Effective September 1, 2005, the provisions of sections 4412 and 4413 of this title, and the provisions of subchapters 9, 10, and 11 of this chapter and the related definitions in section 4303 of this title, shall control over any inconsistent municipal regulations, ordinances, or bylaws. With respect to other provisions of this chapter, any previously enacted zoning ordinance, subdivision regulation, bylaw, or such similar ordinance or regulation shall be amended to conform with the provisions of this chapter by September 1, 2011. (Added 2003, No. 115 (Adj. Sess.), § 109.)
24 V.S.A. § 4482
2021 Vermont Statutes|Title 24 - Municipal and County Government|Chapter 117 - Municipal and Regional Planning and Development|§ 4482. Severability

§ 4482. Severability|If any provision of this chapter or the application of this chapter to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and for this purpose, the provisions of this chapter are severable. (Added 2003, No. 115 (Adj. Sess.), § 109.)
24 V.S.A. § 4483
2021 Vermont Statutes|Title 24 - Municipal and County Government|Chapter 117 - Municipal and Regional Planning and Development|§ 4483. Construction; limitation

§ 4483. Construction; limitation|(a) In reviewing the procedures used in the adoption, amendment, or repeal of any plan or bylaw, no court shall invalidate the plan or bylaw or its amendment or repeal because of a failure to adhere to strict and literal requirements of this chapter concerning minor or nonessential particulars. The court shall uphold the plan, bylaw, or action if there has been substantial compliance with the procedural requirements of this chapter.(b) No person shall challenge for purported procedural defects the validity of any plan or bylaw as adopted, amended, or repealed under this chapter after two years following the day on which it would have taken effect if no defect had occurred. (Added 2003, No. 115 (Adj. Sess.), § 109.)
24 V.S.A. § 4498
2021 Vermont Statutes|Title 24 - Municipal and County Government|Chapter 117 - Municipal and Regional Planning and Development|§ 4498. Housing budget and investment reports

§ 4498. Housing budget and investment reports|The Commissioner of Housing and Community Development shall:  (1) Create a Vermont housing budget designed to assure efficient expenditure of State funds appropriated for housing development, to encourage and enhance cooperation among housing organizations, to eliminate overlap and redundancy in housing development efforts, and to ensure appropriate geographic distribution of housing funds. The Vermont housing budget shall include any State funds of $50,000.00 or more awarded or appropriated for housing. The Vermont housing budget and appropriation recommendations shall be submitted to the General Assembly annually on or before January 15. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the recommendations to be made under this subdivision, and the report shall include the amounts and purposes of funds appropriated for or awarded to the following:  (A) The Vermont Housing and Conservation Trust Fund. (B) The Agency of Human Services. (C) The Agency of Commerce and Community Development. (D) Any other entity that fits the funding criteria.  (2) Annually, develop a Vermont Housing Investment Plan in consultation with the Vermont Housing Council. The Housing Investment Plan shall be consistent with the Vermont consolidated plan for housing, in order to coordinate the investment of State, federal, and other resources, such as State appropriations, tax credits, rental assistance, and mortgage revenue bonds, to increase the availability and improve the quality of Vermont's housing stock. The Housing Investment Plan shall be submitted to the General Assembly, annually on January 15. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the Plan to be made under this subdivision, and the Plan shall:  (A) target investments at single-family housing, mobile homes, multi-family housing, and housing for homeless persons and people with special needs; (B) recommend approaches that maximize the use of available State and federal resources; (C) identify areas of the State that face the greatest housing shortages; and (D) recommend strategies to improve coordination among State, local, and regional offices in order to remedy identified housing shortages. (Added 2005, No. 189 (Adj. Sess.), § 12; amended 2013, No. 142 (Adj. Sess.), § 38.)
24 V.S.A. § 4501
2021 Vermont Statutes|Title 24 - Municipal and County Government|Chapter 118 - Conservation Commissions|§ 4501. Creation of conservation commissions

§ 4501. Creation of conservation commissions|A conservation commission may be created at any time when a municipality votes to create one, or, if the charter of a municipality permits it, when the legislative body of the municipality votes to create one. (Added 1977, No. 250 (Adj. Sess.), § 1.)
24 V.S.A. § 4502
2021 Vermont Statutes|Title 24 - Municipal and County Government|Chapter 118 - Conservation Commissions|§ 4502. Membership; appointment; terms

§ 4502. Membership; appointment; terms|(a) A conservation commission shall have not less than three nor more than nine members. All members shall serve without compensation, but may be reimbursed by the municipality for necessary and reasonable expenses. All members shall be residents of the municipality.(b) Members of the conservation commission shall be appointed, and any vacancy filled, by the legislative body of the municipality. The term of each member shall be for four years, except for those first appointed, whose terms shall be varied in length so that in the future the number whose terms expire in each successive year shall be minimized. (Added 1977, No. 250 (Adj. Sess.), § 1.)
24 V.S.A. § 4503
2021 Vermont Statutes|Title 24 - Municipal and County Government|Chapter 118 - Conservation Commissions|§ 4503. Removals; vacancies

§ 4503. Removals; vacancies|(a) Any member of a conservation commission may be removed at any time for just cause by vote of the legislative body, for reasons given to him or her in writing and after a public hearing thereon if he or she so requests.(b) Any appointment to fill a vacancy shall be for the unexpired term. (Added 1977, No. 250 (Adj. Sess.), § 1.)
24 V.S.A. § 4504
2021 Vermont Statutes|Title 24 - Municipal and County Government|Chapter 118 - Conservation Commissions|§ 4504. Rules

§ 4504. Rules|(a) At its organizational meeting a conservation commission shall adopt by majority vote of those present and voting such rules as it deems necessary and appropriate for the performance of its functions. It shall annually elect a chair, a treasurer, and a clerk.(b) Times and places of meetings of a conservation commission shall be publicly posted in the municipality, and its meetings shall be open to the public.(c) A conservation commission shall keep a record of its transactions, which shall be filed with the town clerk as a public record of the municipality. (Added 1977, No. 250 (Adj. Sess.), § 1.)