Vermont § 2255 - Grant or denial of application; appeal

§ 2255. Grant or denial of application; appeal

• (a) After the hearing the legislative body shall, within 30 days, make a finding as to
  whether or not the application should be granted, giving notice of their finding to
  the applicant by mail, postage prepaid, to the address given on the application. (b) If approved, the certificate of approved location shall be issued for a period not
  to exceed five years and shall contain at a minimum the following conditions: (1) conditions requiring compliance with the screening and fencing requirements of section 2257 of this title; (2) approval shall be personal to the applicant and not assignable; (3) conditions that the legislative body deems appropriate to ensure that considerations
  of section 2254 of this title have been met; (4) any other condition that the legislative body deems appropriate to ensure the protection
  of public health, the environment, or safety or to ensure protection from nuisance
  conditions; and (5) a condition requiring a salvage yard established or initiated prior to July 1, 2009
  to be setback 100-feet from the nearest edge of a right-of-way of a State or town
  road or from a navigable water as that term is defined in 10 V.S.A. § 1422, provided that if a salvage yard cannot demonstrate during the application process
  that it meets the 100-foot setback requirement of this subdivision, a municipality
  may regulate the salvage yard as a nonconforming use, nonconforming structure, or
  nonconforming lot under a municipal nonconformity bylaw adopted under section 4412 of this title, provided that no enlargement or further encroachment within a setback required under
  this subdivision shall be allowed. (c) Certificates of approval shall be renewed thereafter for successive periods of not
  more than five years upon payment of the renewal fee without hearing, provided all
  provisions of this subchapter are complied with during the preceding period, and the
  salvage yard does not become a public nuisance under the common law. (d) Any person may appeal the issuance or denial of a certificate of approved location
  to the Environmental Division within 30 days of the decision. No costs shall be taxed
  against either party upon such appeal. (Added 1969, No. 98, § 1; amended 1973, No. 164 (Adj. Sess.), § 5; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 56, § 13; 2009, No. 154 (Adj. Sess.), § 236.)