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2023 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); and
(E) provisions to allow the administrative officer to approve minor subdivisions. (Added 2003, No. 115 (Adj. Sess.), § 95; amended 2023, No. 47, § 8, eff. July 1, 2023.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)