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BILL AS INTRODUCED 2007-2008

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H.594

Introduced by   Representatives Gilbert of Fairfax, Branagan of Georgia and Deen of Westminster

Referred to Committee on

Date:

Subject:  Municipal planning; party status; conservation commission

Statement of purpose:  This bill proposes to provide that a municipal conservation commission shall be entitled to party status in proceedings under the planning and zoning chapter related to development in the municipality.

AN ACT RELATING TO ACCORDING PARTY STATUS TO MUNICIPAL CONSERVATION COMMISSIONS

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  24 V.S.A. § 4465(b) is amended to read:

(b)  For the purposes of this chapter, an interested person means any one of the following:

(1)  A person owning title to property, or a municipality or solid waste management district empowered to condemn it or an interest in it, affected by a bylaw, who alleges that the bylaw imposes on the property unreasonable or inappropriate restrictions of present or potential use under the particular circumstances of the case.

(2)  The municipality that has a plan or a bylaw at issue in an appeal brought under this chapter or any municipality that adjoins that municipality.

(3)  A person owning or occupying property in the immediate neighborhood of a property that is the subject of any decision or act taken under this chapter, who can demonstrate a physical or environmental impact on the person's interest under the criteria reviewed, and who alleges that the decision or act, if confirmed, will not be in accord with the policies, purposes, or terms of the plan or bylaw of that municipality.

(4)  Any ten persons who may be any combination of voters or real property owners within a municipality listed in subdivision (2) of this subsection who, by signed petition to the appropriate municipal panel of a municipality, the plan or a bylaw of which is at issue in any appeal brought under this title, allege that any relief requested by a person under this title, if granted, will not be in accord with the policies, purposes, or terms of the plan or bylaw of that municipality.  This petition to the appropriate municipal panel must designate one person to serve as the representative of the petitioners regarding all matters related to the appeal.

(5)  Any department and administrative subdivision of this state owning property or any interest in property within a municipality listed in subdivision (2) of this subsection, and the agency of commerce and community development of this state.

(6)  The municipal conservation commission, if there is one, for the municipality in which the plan or bylaw is at issue.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us