NO. 13.  AN ACT RELATING TO EXTENDING THE TIME FOR IMPROVING A LOT UNDER PREEXISTING WASTEWATER REGULATIONS.

(H.309)

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  Sec. 15(e)(1) and (2) of Act No. 133 of the Acts of the 2001 Adj. Sess. (2002) are amended to read:

(e)  Unimproved lots.

(1)  An unimproved lot that was in existence as of the effective date of this act and that was exempt from the subdivision permitting requirements that existed on that date, including an unimproved lot greater than ten acres in size, is exempt from the permitting requirements of 10 V.S.A. chapter 64, provided that it is an improved lot by November 1, 2002 2004.

(2)  An unimproved lot that was in existence as of the effective date of this act, that was exempt from the subdivision permitting requirements that existed on that date, including an unimproved lot greater than ten acres in size, and that is not an improved lot by November 1, 2002 2004 is exempt from the permitting requirements of 10 V.S.A. chapter 64, provided that:

(A)  the wastewater system meets the performance criteria of assuring that wastewater stays at least six inches below the naturally occurring ground surface, unless the system design requires otherwise, and assuring that there is no discharge to surface waters;

(B)  the potable water supply and wastewater system meets the technical standards of the rules adopted under 10 V.S.A. chapter 64, except that the wastewater system may be built on ground with a slope of up to 30 percent;

(C)  a licensed designer provides a written statement certifying that, in the exercise of his or her reasonable professional judgment, the design-related information is true and correct and that, in the exercise of his or her reasonable professional judgment, the design of the potable water supply and wastewater system meets the performance criteria and technical standards described in subdivisions (1)(A) and (B) of this subsection;

(D)  an installer or a licensed designer provides a written statement that, in the exercise of his or her reasonable professional judgment, the installation-related information is true and correct and that in the exercise of his or her reasonable professional judgment, the potable water supply and wastewater system were installed in accordance with the certified design, were inspected, were properly tested, and have successfully met those performance tests;

(E)  copies of the design and installation certifications are filed in the land records for the municipality in which the project is located and with the secretary, and are properly indexed and recorded pursuant to 24 V.S.A. §§ 1154 and 1161.

Sec. 2.  10 V.S.A. § 1973(d) and (e) are amended to read:

(d)  No permit shall be issued by the secretary unless the secretary receives a statement from a licensed designer certifying that, in the exercise of his or her reasonable professional judgment, the design-related information submitted with the permit application is true and correct and that, in the exercise of his or her reasonable professional judgment, the design included in an application for a permit complies with the rules.

(e)  No permit issued by the secretary shall be valid for a substantially completed potable water supply and wastewater system until the secretary receives a statement from an installer or a licensed designer certifying that, in the exercise of his or her reasonable professional judgment, the installation‑related information submitted is true and correct and that, in the exercise of his or her reasonable professional judgment, the potable water supply and wastewater system were installed in accordance with the permitted design and all permit conditions, were inspected, were properly tested, and have successfully met those performance tests.

Sec. 3.  NOTICE TO PROPERTY OWNERS OF BUILDOUT PERIOD

Prior to June 1, 2003, the commissioner of taxes shall prepare and supply to each town in the state a notice that state law has changed with respect to the ability to build a single‑family residence on an unimproved lot.  A town may include the notice in each tax bill and notice of delinquent taxes which it mails to taxpayers in that town, unless the notice has been included in an earlier mailing to taxpayers.  The agency of natural resources shall develop the notice, which shall be in a form that may be inserted into an envelope without being folded.  The notice shall include a description of the revised dates and requirements and telephone numbers to call for further information.  Towns which use envelopes or mailers not able to accommodate these notices may distribute them in an alternative manner.

Sec. 4.  EFFECTIVE DATE

This act shall take effect upon passage.

Approved:  May 6, 2003