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NO. M-4. AN ACT RELATING TO THE CITY OF SOUTH BURLINGTON CHARTER.

(H.233)

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

Sec. 1. APPROVAL OF CHARTER AMENDMENT

The charter of the City of South Burlington is amended as provided in this act. One proposal of amendment was approved by the voters on May 19, 1998; the other was approved on November 3, 1998.

Sec. 2. 24 App. V.S.A. chapter 13, Sec. 307(a)(1) of the Charter is amended to read:

(1) Development Review Board. *[Zoning Board of Adjustment which shall consist of seven persons. Four members shall have terms of four years and three members shall have terms of three years. Present members shall continue in office until the expiration of their terms. In implementing this section, the initial terms of members shall expire each year. Any appointment to fill a vacancy shall be for the unexpired term.]*

Sec. 3. 24 App. V.S.A. chapter 13, Sec. 702 of the Charter is amended to read:

Sec. 702. POWERS AND DUTIES

(a) The planning commission shall exercise all powers and duties as provided for planning commissions by the laws of the state*[, and shall be the sole body appointed by the Council having any of the functions of Planning Commissions under the laws of the state]* for a municipality that has established a development review board under Chapter 117 of Title 24. The commission may appoint subcommittees composed of its own members or other persons and may employ consultants, when necessary for the performance of its duties, subject to the limitation of its budget and the approval of the expenditure by the Council.

(b) The commission shall be responsible to the Council and shall assume all duties imposed upon it by said Council in addition to those duties referred to in subsection (a).

*[(c) Any amendment proposed for the change of the boundaries of any existing district as established by the Protective Zoning Ordinance of the city as from time to time amended, shall first be submitted to the Planning Commission which shall consider said proposed amendment and report its findings to the Council within 30 days of its submission to said commission. The Council may not act upon said proposed amendment until it has received said report, unless the Planning Commission fails to report within the time required by this subsection. The findings of said commission shall not be binding upon the Council, but their report shall be given full consideration.]* *[(d) A member of the planning commission, or other resident of the city shall be appointed annually be the council as a member of the regional planning commission.]*

Sec. 4. 24 App. V.S.A. chapter 13, Sec. 1501 is amended to read:

Sec. 1501. TAXES ON REAL AND PERSONAL PROPERTY

Taxes on real and personal property shall be *[paid in three equal payments, with one-third of the annual tax bill for each taxpayer due and payable on July 15, November 15, and March 15 of each tax year]* due and payable in no fewer than three equal installments on such dates of each tax year as shall be determined annually by the City Council.

Sec. 5. TRANSITIONAL PROVISION

Notwithstanding any provisions of this act to the contrary,

(1) The zoning board of adjustment, as it existed on July 31, 1999, shall continue to exist for the sole purpose of completing reviews of and acting on any matters pending before the board on July 31, 1999. Once the board takes action on these pending matters, the board shall cease to exist.

(2) The planning commission shall not accept applications for permits and approvals after July 31, 1999. The commission shall, however, complete its review of and act on any such matters pending before the commission on July 31, 1999.

Sec. 6. EFFECTIVE DATE

This section and Secs. 1 and 4 shall take effect upon passage. Secs. 2, 3 and 5 shall take effect on August 1, 1999.

Approved: April 27, 1999