reglab/housing_qa huggingface dataset:
24 V.S.A. § 4418
2021 Vermont Statutes|Title 24 - Municipal and County Government|Chapter 117 - Municipal and Regional Planning and Development|§ 4418. Subdivision bylaws

§ 4418. Subdivision bylaws|In order to guide community settlement patterns and to ensure the efficient extension of services, utilities, and facilities as land is developed, a municipality may regulate the division of a lot or parcel of land into two or more lots or other division of land for sale, development, or lease. Subdivision bylaws shall establish standards and procedures for approval, modification, or disapproval of plats of land and approval or modification of plats previously filed in the office of the municipal clerk or land records.  (1) Subdivision bylaws shall be administered in accordance with the requirements of subchapter 10 of this chapter, and shall contain:  (A) Procedures and requirements for the design, submission, and processing of plats, any drawing and plans, and any other documentation required for review of subdivisions. (B) Standards for the design and layout of streets, sidewalks, curbs, gutters, streetlights, fire hydrants, landscaping, water, sewage and stormwater management facilities, public and private utilities, and other necessary improvements as may be specified in a municipal plan. Standards in accordance with subdivision 4412(3) of this title shall be required for lots without frontage on or access to public roads or public waters. (C) Standards for the design and configuration of parcel boundaries and location of associated improvements necessary to implement the municipal plan and achieve the desired settlement pattern for the neighborhood, area, or district in which the subdivision is located. (D) Standards for the protection of natural resources and cultural features and the preservation of open space, as appropriate in the municipality.  (2) Subdivision bylaws may include:  (A) Provisions allowing the appropriate municipal panel to waive or modify, subject to appropriate conditions, the provision of any or all improvements and requirements as in its judgment of the special circumstances of a particular plat or plats are not requisite in the interest of the public health, safety, and general welfare, or are inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the subdivision. (B) Procedures for conceptual, preliminary, partial, and other reviews preceding submission of a subdivision plat, including any administrative reviews. (C) Specific development standards to promote the conservation of energy or to permit the utilization of renewable energy resources, or both. (D) State standards and criteria under 10 V.S.A. § 6086(a). (Added 2003, No. 115 (Adj. Sess.), § 95.)
24 V.S.A. § 4419
2021 Vermont Statutes|Title 24 - Municipal and County Government|Chapter 117 - Municipal and Regional Planning and Development|§ 4419. Unified development bylaws

§ 4419. Unified development bylaws|(a) Any bylaws authorized under this chapter may be integrated into a unified land development bylaw that combines the separate requirements into a consolidated review and permitting process. At a minimum, unified development bylaws shall consolidate zoning and subdivision bylaws. Unified development bylaws should incorporate other bylaws in conformance with this chapter and should cross reference all ordinances adopted by a municipality pursuant to authority outside this chapter that affect land development. Unified development bylaws shall provide for an orderly permitting process for all applicable regulations, in accordance with subchapters 10 and 11 of this chapter.(b) Any municipality that has adopted unified development bylaws in conformance with the requirements of sections 4410, 4411, 4412, 4413, and 4417 of this title shall be deemed to have adopted permanent zoning and subdivision regulations in accordance with 10 V.S.A. § 6001(3). (Added 2003, No. 115 (Adj. Sess.), § 95.)
24 V.S.A. § 4422
2021 Vermont Statutes|Title 24 - Municipal and County Government|Chapter 117 - Municipal and Regional Planning and Development|§ 4422. Adequate public facilities; phasing

§ 4422. Adequate public facilities; phasing|Development may be phased or limited under a bylaw to avoid or mitigate any undue adverse impact on existing or planned community facilities or services. Where a capital budget and program has been adopted, the bylaw may limit or phase development based on the timing of construction or implementation of related necessary public facilities and services, in conformance with an adopted capital budget and program. A municipality also may levy impact fees in accordance with chapter 131 of this title. (Added 2003, No. 115 (Adj. Sess.), § 95.)
24 V.S.A. § 4423
2021 Vermont Statutes|Title 24 - Municipal and County Government|Chapter 117 - Municipal and Regional Planning and Development|§ 4423. Transfer of development rights

§ 4423. Transfer of development rights|(a) In order to accomplish the purposes of 10 V.S.A. § 6301, bylaws may contain provisions for the transfer of development rights. The bylaws shall do all the following:  (1) Specify one or more sending areas for which development rights may be acquired. (2) Specify one or more receiving areas in which those development rights may be used. (3) Define the amount of the density increase allowable in receiving areas, and the quantity of development rights necessary to obtain those increases. (4) Define "density increase" in terms of an allowable percentage decrease in lot size or increase in building bulk, lot coverage, or ratio of floor area to lot size, or any combination. (5) Define "development rights," which at minimum shall include a conservation easement, created by deed for a specified period of not less than 30 years, granted to the municipality under 10 V.S.A. chapter 155, limiting land uses in the sending area solely to specified purposes, but including, at a minimum, agriculture and forestry.   (b) Upon approval by the appropriate municipal panel, a zoning permit may be granted for land development based in part upon a density increase, provided there is compliance with all the following:  (1) The area subject to the application is a receiving area, and the density increase is allowed by the provisions relating to transfer of development rights. (2) The applicant has obtained development rights from a sending area that are sufficient under the regulations for the density increase sought. (3) The development rights are evidenced by a deed that recites that it is a conveyance under this subdivision and recites the number of acres affected in the sending area. (4) The sending area from which development rights have been severed has been surveyed and suitably monumented.   (c) The municipality shall maintain a map of areas from which development rights have been severed. Following issuance of a zoning permit under this section, the municipality shall effect all the following:  (1) Ensure that the instruments transferring the conservation easements and the development rights are recorded. (2) Mark the development rights map showing the area from which development rights have been severed and indicating the book and page in the land records where the easement is recorded.   (d) Failure to record an instrument or mark a map does not invalidate a transfer of development rights. Development rights transferred under this section shall be valid notwithstanding any subsequent failure to file a notice of claim under the Marketable Record Title Act. (Added 2003, No. 115 (Adj. Sess.), § 95.)
24 V.S.A. § 4427
2021 Vermont Statutes|Title 24 - Municipal and County Government|Chapter 117 - Municipal and Regional Planning and Development|§ 4427. Persons eligible to apply for permits

§ 4427. Persons eligible to apply for permits|Municipalities and solid waste management districts empowered to condemn property or an interest in property may apply for any permit required by any zoning regulation adopted under this chapter. (Added 1991, No. 109, § 5, eff. June 28, 1991.)
24 V.S.A. § 4430
2021 Vermont Statutes|Title 24 - Municipal and County Government|Chapter 117 - Municipal and Regional Planning and Development|§ 4430. Capital budget and program

§ 4430. Capital budget and program|(a) A capital budget shall list and describe the capital projects to be undertaken during the coming fiscal year, the estimated cost of those projects, and the proposed method of financing. A capital program is a plan of capital projects proposed to be undertaken during each of the following five years, the estimated cost of those projects, and the proposed method of financing. A capital project is any one or more of the following:  (1) Any physical betterment or improvement, including furnishings, machinery, apparatus, or equipment for that physical betterment or improvement when first constructed or acquired. (2) Any preliminary studies and surveys relating to any physical betterment or improvement. (3) Land or rights in land. (4) Any combination of subdivisions (1), (2), and (3) of this subsection.   (b) The capital budget and program shall be arranged to indicate the order of priority of each capital project and to state for each project all the following:  (1) A description of the proposed project and the estimated total cost of the project. (2) The proposed method of financing, indicating the amount proposed to be financed by direct budgetary appropriation or duly established reserve funds; the amount, if any, estimated to be received from the federal or State governments; the amount, if any, to be financed by impact fees; and the amount to be financed by the issuance of obligations, showing the proposed type or types of obligations, together with the period of probable usefulness for which they are proposed to be issued. (3) An estimate of the effect, if any, upon operating costs of the municipality.   (c) The planning commission may submit recommendations annually to the legislative body for the capital budget and program, that shall be in conformance with the municipal plan. (Added 2003, No. 115 (Adj. Sess.), § 97.)
24 V.S.A. § 4431
2021 Vermont Statutes|Title 24 - Municipal and County Government|Chapter 117 - Municipal and Regional Planning and Development|§ 4431. Purchase or acceptance of development rights

§ 4431. Purchase or acceptance of development rights|A municipality may develop a program for purchase or acceptance of development rights and stewardship of those rights for the purposes set forth in section 4302 of this title and in conformance with the plan. (Added 2003, No. 115 (Adj. Sess.), § 97.)
24 V.S.A. § 4432
2021 Vermont Statutes|Title 24 - Municipal and County Government|Chapter 117 - Municipal and Regional Planning and Development|§ 4432. Supporting plans

§ 4432. Supporting plans|A municipality may adopt a plan or plans that support the municipal plan and may incorporate such supporting plan or plans into the municipal plan in the same manner as adoption of the municipal plan set forth in section 4385 of this title. In this event, the supporting plan shall become a part of the municipal plan. Supporting plans may include:  (1) Access management plan. A municipality may adopt an access management plan to manage traffic and access onto public roads from adjacent property in a manner that complies with 19 V.S.A. § 1111. (2) Downtown, village center, or new town center plan. A municipality may adopt a plan for the development and revitalization of its downtown, villages, or a new town center, consistent with the purposes set forth in section 2790 of this title. (3) Open space plan. A municipality may adopt a plan to guide public and private conservation strategies. (Added 2003, No. 115 (Adj. Sess.), § 97.)
24 V.S.A. § 4440
2021 Vermont Statutes|Title 24 - Municipal and County Government|Chapter 117 - Municipal and Regional Planning and Development|§ 4440. Administration; finance

§ 4440. Administration; finance|(a) Appropriations may be made by any municipality to finance the work of planning commissions, regional planning commissions, administrative officers, appropriate municipal panels, and other officials in the preparation, adoption, administration, and enforcement of development plans and supporting plans, bylaws, capital budgets and programs, and other regulatory and nonregulatory efforts to implement the municipal plan, and to support or oppose, upon appeal to the courts, decisions of an appropriate municipal panel. For these same purposes, any municipality may accept gifts and grants of money and services from private sources and from the State and federal governments.(b) The legislative body may prescribe reasonable fees to be charged with respect to the administration of bylaws and for the administration of development review. These fees may include the cost of posting and publishing notices and holding public hearings and the cost of conducting periodic inspections during the installation of public improvements. These fees may be required to be payable by the applicant upon submission of the application or prior to issuance of permits or certificates of occupancy.(c) The legislative body may set reasonable fees for filing of notices of appeal and for other acts as it deems proper, the payment of which shall be a condition to the validity of the filing or act under this chapter.(d) The legislative body may establish procedures and standards for requiring an applicant to pay for reasonable costs of an independent technical review of the application. (Added 2003, No. 115 (Adj. Sess.), § 99.)
24 V.S.A. § 4443
2021 Vermont Statutes|Title 24 - Municipal and County Government|Chapter 117 - Municipal and Regional Planning and Development|§ 4443. Adoption, amendment, or repeal of capital budget and program

§ 4443. Adoption, amendment, or repeal of capital budget and program|(a) Notwithstanding any other provision of this chapter, a capital budget and program may be adopted, amended, or repealed by the legislative body of a municipality following one or more public hearings, upon public notice, if a utility and facilities plan as described in subdivision 4382(a)(4) of this title has been adopted by the legislative body in accordance with sections 4384 and 4385 of this title. A copy of the proposed capital budget and program shall be filed at least 15 days prior to the final public hearing with the clerk of the municipality and the secretary of the planning commission. The planning commission may submit a report on the proposal to the legislative body prior to the public hearing.(b) The capital budget and program, or its amendment or repeal, shall be adopted or rejected by an act of the legislative body of a municipality promptly after the final public hearing held under subsection (a) of this section. (Added 2003, No. 115 (Adj. Sess.), § 100.)
24 V.S.A. § 4444
2021 Vermont Statutes|Title 24 - Municipal and County Government|Chapter 117 - Municipal and Regional Planning and Development|§ 4444. Public hearing notice for adoption, amendment, or repeal of bylaw and other regulatory tools

§ 4444. Public hearing notice for adoption, amendment, or repeal of bylaw and other regulatory tools|(a) Any public notice required for public hearing under this subchapter shall be given not less than 15 days prior to the date of the public hearing by:  (1) the publication of the date, place, and purpose of the hearing in a newspaper of general circulation in the municipality affected; (2) the posting of the same information in three or more public places within the municipality in conformance with location requirements of 1 V.S.A. § 312(c)(2); and (3) compliance with subsection (b) or (c) of this section.   (b) A municipality may complete public notice commenced under subsection (a) of this section by publishing and posting the full text of the proposed material or by publishing and posting the following:  (1) A statement of purpose. (2) A map or description of the geographic areas affected. (3) A table of contents or list of section headings. (4) A description of a place within the municipality where the full text may be examined.   (c) As an alternative to the publication and posting provisions established under subsection (b) of this section, a municipality may make reasonable effort to mail or deliver copies of the full text or the material specified in subdivisions (b)(1) through (4) of this section, together with the public hearing notice of the proposed material and the public hearing notice to each voter, as evidenced by the voter checklist of the municipality, and to each owner of land within the municipality, as evidenced by the grand list of the municipality.(d) No defect in the form or substance of any public hearing notice under this chapter shall invalidate the adoption, amendment, or repeal of any plan, bylaw, or capital budget and program. However, the action shall be invalidated if the notice is materially misleading in content or fails to include one of the elements required by subsection (b) of this section or if the defect was the result of a deliberate or intentional act. (Added 2003, No. 115 (Adj. Sess.), § 100.)
24 V.S.A. § 4445
2021 Vermont Statutes|Title 24 - Municipal and County Government|Chapter 117 - Municipal and Regional Planning and Development|§ 4445. Availability and distribution of documents

§ 4445. Availability and distribution of documents|Current copies of plans, bylaws, and capital budgets and programs shall be available to the public during normal business hours in the office of the clerk of any municipality in which those plans, bylaws, or capital budgets or programs have been adopted. The municipality shall provide all final adopted bylaws, amendments, or repeals to the regional planning commission of the area in which the municipality is located and to the Department of Commerce and Community Development, which may be done electronically, provided the sender has proof of receipt. (Added 2003, No. 115 (Adj. Sess.), § 100; amended 2017, No. 197 (Adj. Sess.), § 18.)
24 V.S.A. § 4446
2021 Vermont Statutes|Title 24 - Municipal and County Government|Chapter 117 - Municipal and Regional Planning and Development|§ 4446. Bylaws; effect of adoption

§ 4446. Bylaws; effect of adoption|Within the jurisdiction of any municipality that has adopted any of the bylaws authorized by this chapter, no land development may be undertaken or effected except in conformance with those bylaws. Bylaws authorized by this chapter may specify for exclusion from review any land development determined to impose no impact or merely a de minimus impact on the surrounding area and the overall pattern of land development. (Added 2003, No. 115 (Adj. Sess.), § 100.)
24 V.S.A. § 4447
2021 Vermont Statutes|Title 24 - Municipal and County Government|Chapter 117 - Municipal and Regional Planning and Development|§ 4447. Clerk's certificate

§ 4447. Clerk's certificate|A certificate of the clerk of a municipality showing the publication, posting, consideration, and adoption or amendment of a plan, bylaw, or capital budget or program shall be presumptive evidence of the facts as they relate to the lawful adoption or amendment of that plan, bylaw, or capital budget or program, so stated in any action or proceeding in court or before any board, commission, or other tribunal. (Added 2003, No. 115 (Adj. Sess.), § 100.)
24 V.S.A. § 4448
2021 Vermont Statutes|Title 24 - Municipal and County Government|Chapter 117 - Municipal and Regional Planning and Development|§ 4448. Appointment and powers of administrative officer

§ 4448. Appointment and powers of administrative officer|(a) An administrative officer, who may hold any other office in the municipality other than membership in the board of adjustment or development review board, shall be nominated by the planning commission and appointed by the legislative body for a term of three years promptly after the adoption of the first bylaws or when a vacancy exists. The compensation of the administrative officer shall be fixed under sections 932 and 933 of this title, and the officer shall be subject to the personnel rules of the municipality adopted under sections 1121 and 1122 of this title. The administrative officer shall administer the bylaws literally and shall not have the power to permit any land development that is not in conformance with those bylaws. An administrative officer may be removed for cause at any time by the legislative body after consultation with the planning commission.(b) The planning commission may nominate and the legislative body may appoint an acting administrative officer who shall have the same duties and responsibilities as the administrative officer in the administrative officer's absence. If an acting administrative officer position is established, or, for municipalities that establish the position of assistant administrative officer, there shall be clear policies regarding the authority of the administrative officer in relation to the acting or assistant officer.(c) The administrative officer should provide an applicant with forms required to obtain any municipal permit or other municipal authorization required under this chapter, or under other laws or ordinances that relate to the regulation by municipalities of land development. If other municipal permits or authorizations are required, the administrative officer should coordinate a unified effort on behalf of the municipality in administering its development review programs. The administrative officer should inform any person applying for municipal permits or authorizations that the person should contact the regional permit specialist employed by the Agency of Natural Resources in order to assure timely action on any related State permits; nevertheless, the applicant retains the obligation to identify, apply for, and obtain relevant State permits.(d) If the administrative officer fails to act with regard to a complete application for a permit within 30 days, whether by issuing a decision or by making a referral to the appropriate municipal panel, a permit shall be deemed issued on the 31st day. (Added 2003, No. 115 (Adj. Sess.), § 100.)
24 V.S.A. § 4450
2021 Vermont Statutes|Title 24 - Municipal and County Government|Chapter 117 - Municipal and Regional Planning and Development|§ 4450. Eligibility to apply for permits

§ 4450. Eligibility to apply for permits|Municipalities and solid waste management districts empowered to condemn property or an interest in property may apply for any permit or approval required by any bylaws adopted under this chapter. (Added 2003, No. 115 (Adj. Sess.), § 101.)
24 V.S.A. § 4452
2021 Vermont Statutes|Title 24 - Municipal and County Government|Chapter 117 - Municipal and Regional Planning and Development|§ 4452. Enforcement; remedies

§ 4452. Enforcement; remedies|If any street, building, structure, or land is or is proposed to be erected, constructed, reconstructed, altered, converted, maintained, or used in violation of any bylaw adopted under this chapter, the administrative officer shall institute in the name of the municipality any appropriate action, injunction, or other proceeding to prevent, restrain, correct, or abate that construction or use, or to prevent, in or about those premises, any act, conduct, business, or use constituting a violation. A court action under this section may be initiated in the Environmental Division, or as appropriate, before the Judicial Bureau, as provided under section 1974a of this title. (Added 2003, No. 115 (Adj. Sess.), § 101; amended 2009, No. 154 (Adj. Sess.), § 236.)