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H.808

Introduced by   Representatives Fallar of Tinmouth and Miller of Shaftsbury

Referred to Committee on

Date:

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:

(a)  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 functional use:

(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.

(2)  However, 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:

(c)  Notice 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.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us