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BILL AS INTRODUCED 2007-2008

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H.161

Introduced by Representative Johnson of Canaan

Referred to Committee on

Date:

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

              FREESTANDING BYLAWS

Any municipality may adopt freestanding bylaws under this chapter to address particular 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.

(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 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  That procedure shall then apply until rescinded by the voters at a regular or special meeting of the town.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.

Sec. 4.  24 V.S.A. § 4465(a) is amended to read:

(a)  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 the 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.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us