Vermont § 4441 - Preparation of bylaws and regulatory tools; amendment or repeal

§ 4441. Preparation of bylaws and regulatory tools; amendment or repeal

• (a) A municipality may have one or more bylaws. Any bylaw for a municipality shall be
  prepared by or at the direction of the planning commission of the municipality and
  shall have the purpose of implementing the plan. An amendment or repeal of a bylaw
  may be prepared by the planning commission or by any other person or body. (b) A proposed amendment or repeal prepared by a person or body other than the planning
  commission shall be submitted in writing along with any supporting documents to the
  planning commission. The planning commission may then proceed under this subchapter
  as if the amendment or repeal had been prepared by the commission. However, if the
  proposed amendment or repeal of a bylaw is supported by a petition signed by not less
  than five percent of the voters of the municipality, the commission shall correct
  any technical deficiency and shall, without otherwise changing the amendment or repeal,
  promptly proceed in accordance with subsections (c) through (g) of this section, as
  if it had been prepared by the commission. (c) When considering an amendment to a bylaw, the planning commission shall prepare and
  approve a written report on the proposal. A single report may be prepared so as to
  satisfy the requirements of this subsection concerning bylaw amendments and subsection 4384(c) of this title concerning plan amendments. The report shall provide a brief explanation of the proposed
  bylaw, amendment, or repeal and shall include a statement of purpose as required for
  notice under section 4444 of this title and shall include findings regarding how the proposal: (1) conforms with or furthers the goals and policies contained in the municipal plan,
  including the effect of the proposal on the availability of safe and affordable housing,
  and sections 4412, 4413, and 4414 of this title; (2) is compatible with the proposed future land uses and densities of the municipal plan;
  and (3) carries out, as applicable, any specific proposals for any planned community facilities. (d) The planning commission shall hold at least one public hearing within the municipality
  after public notice on any proposed bylaw, amendment, or repeal. (e) At least 15 days prior to the first hearing, a copy of the proposed bylaw, amendment,
  or repeal and the written report shall be delivered physically or electronically with
  proof of receipt or mailed by certified mail, return receipt requested, to each of
  the following: (1) The chair of the planning commission of each abutting municipality, or in the absence
  of any planning commission in a municipality, the clerk of that abutting municipality. (2) The executive director of the regional planning commission of the area in which the
  municipality is located. (3) The Department of Housing and Community Development within the Agency of Commerce
  and Community Development. (f) Any of the bodies identified in subsection (e) of this section, or their representatives,
  may submit comments on the proposed bylaw, amendment, or repeal to the planning commission,
  or may appear and be heard in any proceeding with respect to the adoption of the proposed
  bylaw, amendment, or repeal. (g) The planning commission may make revisions to a proposed bylaw, amendment, or repeal
  and to the written report, and shall then submit the proposed bylaw, amendment, or
  repeal and the written report to the legislative body of the municipality. However,
  if requested by the legislative body or if a proposed amendment was supported by a
  petition signed by not less than five percent of the voters of the municipality, the
  planning commission shall promptly submit the amendment, with changes only to correct
  technical deficiencies, to the legislative body of the municipality, together with
  any recommendation or opinion it considers appropriate. Simultaneously with the submission,
  the planning commission shall file with the clerk of the municipality a copy of the
  proposed bylaw, amendment, or repeal, and the written report for public review. (h) Upon adoption or amendment of a bylaw, the planning commission shall prepare an adoption
  report in form and content provided by the Department of Housing and Community Development
  that: (1) confirms that zoning districts’ GIS data has been submitted to the Department and
  that the data complies with the Vermont Zoning GIS Data Standard adopted pursuant
  to 10 V.S.A. § 123; (2) confirms that the complete bylaw has been uploaded to the Municipal Plan and Bylaw
  Database; (3) demonstrates conformity with sections 4412, 4413, and 4414 of this title; and (4) provides information on the municipal application of subchapters 7 (bylaws), 9 (administration),
  and 10 (panels) of this chapter for the Municipal Planning Data Center and the prospective
  development of a statewide zoning atlas. (Added 2003, No. 115 (Adj. Sess.), § 100; amended 2017, No. 197 (Adj. Sess.), § 17; 2023, No. 47, § 5, eff. July 1, 2023.)