|BILL AS INTRODUCED||2007-2008|
Introduced by Representative Johnson of Canaan
Subject: Municipal planning; zoning; public participation
Statement of purpose: This bill proposes to require town clerks to notify the appellant of a local land use decision of the interested parties who participated in the municipal regulatory proceeding from which the appeal is being taken.
AN ACT RELATING TO NOTICE OF PUBLIC PARTICIPATION IN MUNICIPAL PLANNING
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 24 V.S.A. § 4424 is amended to read:
§ 4424. SHORELANDS; FLOOD OR HAZARD AREA; SPECIAL OR
municipality may adopt freestanding bylaws under this chapter to address
areas in conformance with the plan flood hazard areas or shoreland
protection, including the following, which may also be part of zoning or
unified development bylaws:
(1) Bylaws to regulate development and use along shorelands.
(2) Bylaws to regulate development and use in flood or other hazard areas. The following shall apply if flood or other hazard area bylaws are enacted:
* * *
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.
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 a bylaw
amendments or repeals, 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apply until rescinded by the voters at a regular or special meeting of the
Sec. 3. 24 V.S.A. § 4471(c) is amended to read:
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.
Sec. 4. 24 V.S.A. § 4465(a) is amended to read:
An interested person may appeal any decision or act taken by the administrative
officer in any municipality by filing a notice of appeal with the secretary of
board of adjustment or development review board appropriate municipal
panel of that municipality or with the clerk of that municipality if no
such secretary has been elected. This notice of appeal must be filed within 15
days of the date of that decision or act, and a copy of the notice of appeal
shall be filed with the administrative officer.
The Vermont General Assembly
115 State Street