Title 24, Title 24: Municipal and County Government

§ 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 propose…

§ 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. 1…

§ 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,…

§ 4433. Advisory commissions and committees Municipalities may at any time create one or more advisory commissions, which for the purposes of this chapter include committees, or a combination of advisory commissions to assist the legislative body or the planning commission in pre…

§ 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, …

§ 4441. Preparation of bylaws and regulatory tools; amendment or repeal (a) A municipality may have one or more bylaws. Any bylaw for a municipality shall be prepared by or at the direction of the planning commission of the municipality and shall have the purpose of implementing …

§ 4442. Adoption of bylaws and related regulatory tools; amendment or repeal (a) Public hearings. Not less than 15 nor more than 120 days after a proposed bylaw, amendment, or repeal is submitted to the legislative body of a municipality under section 4441 of this title, the legi…

§ 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(a) Notwithstanding any other provision of this chapter, a capital budget and program may be adopted, amended, or repealed by the legislative body of a municipality following one or more public hearings, upon pu…

§ 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…

§ 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 pr…

§ 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 f…

§ 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 a…

§ 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 t…

§ 4449. Zoning permit, certificate of occupancy, and municipal land use permit (a) Within any municipality in which any bylaws have been adopted: (1) No land development may be commenced within the area affected by the bylaws without a permit issued by the administrative officer.…

§ 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.)…

§ 4451. Enforcement; penalties (a) Any person who violates any bylaw after it has been adopted under this chapter or who violates a comparable ordinance or regulation adopted under prior enabling laws shall be fined not more than $200.00 for each offense. No action may be brought…

§ 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 n…

§ 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…

§ 4454. Enforcement; limitations (a) An action, injunction, or other enforcement proceeding relating to the failure to obtain or comply with the terms and conditions of any required municipal land use permit may be instituted under section 1974a, 4451, or 4452 of this title again…

§ 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 permitte…

§ 4460. Appropriate municipal panels (a) If a municipality establishes a development review board and appoints members to that board, the development review board in that municipality, until its existence is terminated by act of the legislative body, shall exercise all of the fun…

§ 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. Meetin…

§ 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. S…

§ 4463. Subdivision review (a) Approval of plats. Before a plat for a major subdivision is approved, a public hearing on the plat shall be held by the appropriate municipal panel after public notice. A bylaw may provide for the administrative officer to approve minor subdivisions…

§ 4464. Hearing and notice requirements; decisions and conditions; administrative review; role of advisory commissions in development review (a) Notice procedures. All development review applications before an appropriate municipal panel under procedures set forth in this chapter…

§ 4465. Appeals of decisions of the administrative officer (a) An interested person may appeal any decision or act taken by the administrative officer in any municipality by filing a notice of appeal with the secretary of the board of adjustment or development review board of tha…

§ 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 r…

§ 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 giv…

§ 4469. Appeal; variances (a) On an appeal under section 4465 or 4471 of this title or on a referral under subsection 4460(e) of this title in which a variance from the provisions of a bylaw or interim bylaw is requested for a structure that is not primarily a renewable energy re…

§ 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 dat…

§ 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 hear…

§ 4471. Appeal to Environmental Division (a) Participation required. An interested person who has participated in a municipal regulatory proceeding authorized under this title may appeal a decision rendered in that proceeding by an appropriate municipal panel to the Environmental…

§ 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 p…

§ 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 …

§ 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 adoptio…

§ 4476. Formal review of regional planning commission decisions (a) Formal review. A request for formal review of the sufficiency of an adopted regional plan or amendment, or for formal review of the decision of a regional planning commission with respect to the confirmation of a…

§ 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 …

§ 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, subd…

§ 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 applic…

§ 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 chapt…

§ 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 …

§ 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…

§ 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 resi…

§ 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…

§ 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)…

§ 4505. Powers and duties of conservation commissions Any conservation commission created under this chapter may: (1) make an inventory and conduct continuing studies of the natural resources of the municipality including: (A) air, surface and ground waters, and pollution thereof…