Introduced by Representatives Fallar of Tinmouth and Miller of Shaftsbury
Subject: Municipal planning; state facilities; zoning
Statement of purpose: This bill proposes to give a municipality greater regulatory power over certain public uses if it makes reasonable provision for the location of those public uses within the municipality. It proposes to make it clear that when a rural town decides to adopt bylaws by Australian ballot, it may adopt, amend, and repeal those bylaws in that manner. It proposes to provide that in the case of a municipal land use decision being appealed to the environmental court, the only interested persons who receive notice of the appeal shall be those who have participated in the municipal regulatory proceeding.
AN ACT RELATING TO LIMITATIONS ON MUNICIPAL BYLAWS, ADOPTION OF THOSE BYLAWS, AND NOTICE OF APPEAL WITH RESPECT TO THOSE BYLAWS
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 24 V.S.A. § 4413(a) is amended to read:
The If a
municipality makes reasonable provision for the location within its borders of
any of the following uses in a bylaw adopted pursuant to subchapter 7 of this
chapter, the municipality may regulate the following uses to the full extent of
those bylaws. A municipality that does not make reasonable provision for the
location within its borders of the following uses in a duly adopted bylaw may
regulate the following uses may be regulated only
with respect to location siting on the parcel which is the
subject of the application, size, height, building bulk, yards, courts,
setbacks, density of buildings, off-street parking, loading facilities,
traffic, noise, lighting, landscaping, and screening requirements , and only to the
extent that regulations do not have the effect of interfering with the intended
(1) State- or community-owned and operated institutions and facilities.
(2) Public and private schools and other educational institutions certified by the state department of education.
(3) Churches and other places of worship, convents, and parish houses.
(4) Public and private hospitals.
(5) Regional solid waste management facilities certified under 10 V.S.A. chapter 159.
(6) Hazardous waste management facilities for which a notice of intent to construct has been received under 10 V.S.A. § 6606a.
Sec. 2. 24 V.S.A. § 4442(c) is amended to read:
(c) Routine adoption.
(1) A bylaw, amendment, or repeal shall be adopted by a majority of the members of the legislative body at a meeting that is held after the final public hearing, and shall be effective 21 days after adoption.
a rural town, by action of the legislative body or by vote of that town at a
special or regular meeting duly warned on the issue, may elect to require that
bylaw amendments or
repeals a bylaw, amendment, or repeal shall be adopted by
vote of the town by Australian ballot at a special or regular meeting duly
warned on the issue. That procedure shall then apply until rescinded by the
voters at a regular or special meeting of the town.
Sec. 3. 24 V.S.A. § 4471(c) is amended to read:
of the appeal shall be filed by certified mailing, with fees, to the
environmental court and by mailing a copy to the municipal clerk or the administrative
officer, if so designated, who shall supply to the appellant within five
working days a list of interested persons
to the appellant within five
working days who have participated in the municipal regulatory
proceeding from which the appeal is being taken. Upon receipt of the list
of interested persons who have participated in the municipal regulatory
proceeding from which the appeal is being taken, the appellant shall, by
certified mail, provide a copy of the notice of appeal to every interested
person, and, if any one or more of those persons who participated in the
municipal regulatory proceeding are not then parties to the appeal, upon
motion they shall be granted leave by the court to intervene.
The Vermont General Assembly
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