|BILL AS INTRODUCED||2007-2008|
Introduced by Representatives Adams of Hartland and Komline of Dorset
Subject: Zoning; appeals; on-the-record review
Statement of purpose: This bill proposes to require that with regard to municipalities with a population of greater than 5,000 persons, judicial review of decisions under the planning and zoning chapter shall be conducted on the record.
AN ACT RELATING TO REQUIRING THAT JUDICIAL REVIEW OF PLANNING AND ZONING CHAPTER DECISIONS IN TOWNS OF MORE THAN 5,000 PERSONS BE CONDUCTED ON THE RECORD
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 24 V.S.A. § 4471 is amended to read:
§ 4471. APPEAL TO ENVIRONMENTAL COURT
(a) An interested person who has participated in a municipal regulatory proceeding authorized under this title may appeal a decision rendered in that proceeding by an appropriate municipal panel to the environmental court. Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, evidence or a statement of concern related to the subject of the proceeding. An appeal from a decision of the appropriate municipal panel, or from a decision of the municipal legislative body under subsection 4415(d) of this title, shall be taken in such manner as the supreme court may by rule provide for appeals from state agencies governed by sections 801 through 816 of Title 3, unless the decision is an appropriate municipal panel decision which the municipality has elected to be subject to review on the record or unless the municipality has a population of more than 5,000 persons, in which case review shall be on the record.
(b) If a municipality has a population of more than 5,000 persons, or if the municipal legislative body has determined (or been instructed by the voters) to provide that appeals of certain appropriate municipal panel determinations shall be on the record, has defined what magnitude or nature of development proposal shall be subject to the production of an adequate record by the panel, and has provided that the municipal administrative procedure act shall apply in these instances, then an appeal from such a decision of an appropriate municipal panel shall be taken on the record in accordance with the Vermont Rules of Civil Procedure.
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The Vermont General Assembly
115 State Street