Vermont § 4420 - Local Act 250 review of municipal impacts

§ 4420. Local Act 250 review of municipal impacts

• (a) This section shall apply to any municipality in which all of the following have taken
  place, either at the direction of the legislative body or pursuant to a vote of the
  municipality’s voters at a duly warned municipal meeting considering the question: (1) The criteria specified in this section have been adopted in the appropriate bylaws
  authorized under this chapter. (2) The municipality’s plan has been duly adopted under the provisions of this chapter. (3) The municipality has adopted zoning bylaws and subdivision bylaws, either separately
  or incorporated into one unified development bylaw. (4) The municipality has adopted, for purposes of this section, the Municipal Administrative
  Procedure Act established in chapter 36 of this title. (5) A development review board has been created and has been authorized to undertake local
  Act 250 review of municipal impacts caused by a development or subdivision, or both,
  as the terms “development” and “subdivision” are defined in 10 V.S.A. chapter 151. (b)(1) With respect to developments or subdivisions to which this section applies, the development
  review board, pursuant to the procedures established in chapter 36 of this title,
  shall hear such applications as meet the criteria set forth in the bylaws with respect
  to size or impact, or both, for local Act 250 review of municipal impacts. Once a
  municipality has determined to conduct reviews under this section, all applicants
  meeting such criteria for Act 250 permits for developments or subdivisions located
  within the municipality shall go through this process, unless all the following apply: (A) The applicant can establish to the satisfaction of the development review board that
  the applicant relied on a determination by the Land Use Review Board’s local district
  coordinator that Act 250 jurisdiction did not apply to the development or subdivision
  in question, and based upon that reliance, the applicant obtained local permits without
  complying with this section. (B) The Land Use Review Board’s local district coordinator’s jurisdictional ruling was
  later reconsidered or overturned on appeal, with the result that Act 250 jurisdiction
  does apply to the development or subdivision in question. (C) The development review board waives its jurisdiction under this section in the interest
  of fairness to the applicant. (2) Determinations by the development review board regarding whether to waive jurisdiction
  under this subsection shall not be subject to review. (c) In proceedings under this section, the applicant shall demonstrate that the proposed
  development or subdivision: (1) Will not cause an unreasonable burden on the ability of the municipality to provide
  educational services. (2) Will not cause an unreasonable burden on the ability of the municipality to provide
  municipal or governmental services. (3) Is in conformance with the plan of the municipality adopted in accordance with this
  chapter. (d) A violation of the provisions of this section shall be subject to enforcement as a
  violation of this chapter. (Added 2003, No. 115 (Adj. Sess.), § 95.)