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ACT NO. 44

(S.144)

Municipal planning; permit moratorium during bylaw amendment

This act addresses the granting of local land development permits while bylaws are in the process of being amended, thereby amending a statutory section that has been determined by the Vermont Supreme Court to be flawed. In particular, the act provides that for a period of 150 days from a public notice for a first hearing by the legislative body on a bylaw or amendment, or on an amendment to certain ordinances, any new application for a permit shall be reviewed by the administrative officer under the proposed bylaw or amendment as well as under applicable existing bylaws and ordinances. If the new bylaw or amendment has not been adopted by the conclusion of the 150-day period, or if it is rejected, then the permit shall be reviewed under existing bylaws and ordinances. An application that has been denied under a proposal, been rejected, or that has not been adopted within the 150 days shall be reviewed again, at no cost, under the existing bylaws and ordinances, on request of the applicant. Finally, the act authorizes an appeal from any determination by the administrative officer under the statutory section involved.

Effective Date: July 1, 2001