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BILL AS INTRODUCED 2007-2008

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S.267

Introduced by Senator Hartwell of Bennington District

Referred to Committee on

Date:

Subject:  Conservation; Act 250; planning; chapter 117; major traffic impacts; notice  

Statement of purpose:  This bill proposes to require that when an application for a permit under Act 250 or chapter 117 may result in major traffic impacts, abutting landowners along the impacted routes shall be entitled to notice by certified mail.

AN ACT RELATING TO REQUIRING THAT NOTICE OF AN ACT 250 OR CHAPTER 117 APPLICATION BE PROVIDED TO LANDOWNERS ALONG ROUTES THAT WOULD FACE MAJOR TRAFFIC IMPACTS  FROM THE DEVELOPMENT

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

Sec. 1.  10 V.S.A. § 6084 is amended to read:

§ 6084.  NOTICE OF APPLICATION; HEARINGS, COMMENCEMENT OF

              REVIEW

(a)  On or before the date of filing of an application with the district commission, the applicant shall send notice and a copy of the initial application to the owner of the land if the applicant is not the owner; the municipality in which the land is located; the municipal and regional planning commissions for the municipality in which the land is located; and any adjacent Vermont municipality and municipal and regional planning commission if the land is located on a municipal or regional boundary.  The applicant shall furnish to the district commission the names of those furnished notice by affidavit, and shall post a copy of the notice in the town clerk's office of the town or towns wherein the project lies.  The applicant shall also provide a list of adjoining landowners to the district commission.  If a district commission determines that an application may result in major traffic impacts, the applicant shall provide a list or partial list of landowners along those impacted routes, as determined by the district commission in accordance with the rules of the board.  Upon request and for good cause, the district commission may authorize the applicant to provide a partial list of adjoining landowners in accordance with board rules.

(b)  Upon an application being ruled complete, the district commission shall determine whether to process the application as a major application with a required public hearing or process the application as a minor application with the potential for a public hearing in accordance with board rules.

(1)  For major applications, the district commission shall provide notice not less than ten days prior to any scheduled hearing or prehearing conference to:  the applicant; the owner of the land if the applicant is not the owner; the municipality in which the land is located; the municipal and regional planning commissions for the municipality in which the land is located; any adjacent Vermont municipality and municipal and regional planning commission if the land is located on a municipal or regional boundary; adjoining landowners as deemed appropriate by the district commission pursuant to the rules of the board,; and any other person the district commission deems appropriate.  In addition, for a major application that may have major traffic impacts, the district commission shall provide notice by certified mail to landowners along those impacted routes, as determined by the district commission in accordance with the rules of the board.

(2)  For minor applications, the district commission shall provide notice of the commencement of application review to the persons listed in subdivision (1) of this subsection.

(3)  For both major and minor applications, the district commission shall also provide such notice and a copy of the application to: the board and any affected state agency; the solid waste management district in which the land is located, if the development or subdivision constitutes a facility pursuant to subdivision 6602(10) of this title; and any other municipality, state agency, or person the district commission deems appropriate.

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Sec. 2.  24 V.S.A. § 4464(a) is amended to read:

(a)  Notice procedures.  All development review applications before an appropriate municipal panel under procedures set forth in this chapter shall require notice as follows.

(1)  A warned public hearing shall be required for conditional use review, variances, administrative officer appeals, and final plat review for subdivisions. Any public notice for a warned public hearing shall be given not less than 15 days prior to the date of the public hearing by all the following:

(A)  Publication of the date, place, and purpose of the hearing in a newspaper of general circulation in the municipality affected.

(B)  Posting of the same information in three or more public places within the municipality in conformance with location requirements of 1 V.S.A. § 312(c)(2), including posting within view from the public right-of-way most nearly adjacent to the property for which an application is made.

(C)  Written notification to the applicant and to owners of all properties adjoining the property subject to development, including the owners of properties which would be contiguous to the property subject to development but for the interposition of a highway or other public right-of-way and, in any situation in which a variance is sought regarding setbacks from a state highway, also including written notification to the secretary of transportation.  If the public hearing relates to an application that may have major traffic impacts, notice shall be provided to landowners along those impacted routes, as directed by the appropriate municipal panel.  The notification shall include a description of the proposed project and shall be accompanied by information that clearly informs the recipient where additional information may be obtained, and that participation in the local proceeding is a prerequisite to the right to take any subsequent appeal.

(2)  Public notice for hearings on all other types of development review, including site plan review, shall be given not less than seven days prior to the date of the public hearing, and shall include at a minimum all the following:

(A)  Posting of the date, place, and purpose of the hearing in three or more public places within the municipality in conformance with the time and location requirements of 1 V.S.A. § 312(c)(2).

(B)  Written notification to the applicant and to the owners of all properties adjoining the property subject to development, including the owners of properties which would be contiguous to the property subject to development but for the interposition of a highway or other public right-of-way, and, in any situation in which a variance is sought regarding setbacks from a state highway, also including written notification to the secretary of transportation. If the public hearing relates to an application that may have major traffic impacts, notice shall be provided to landowners along those impacted routes, as directed by the appropriate municipal panel.  The notification shall include a description of the proposed project and shall be accompanied by information that clearly informs the recipient where additional information may be obtained, and that participation in the local proceeding is a prerequisite to the right to take any subsequent appeal.

(3)  The applicant may be required to bear the cost of the public warning and the cost and responsibility of notification of adjoining landowners and owners of land along impacted routes, in the case of applications that may have major traffic impacts.  The applicant may be required to demonstrate proof of delivery to adjoining landowners, and owners of land along impacted routes, in case of applications that may have major traffic impacts, either by certified mail, return receipt requested, or by written notice hand delivered or mailed to the last known address supported by a sworn certificate of service.

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Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us