Vermont § 4442 - Adoption of bylaws and related regulatory tools; amendment or repeal

§ 4442. Adoption of bylaws and related regulatory tools; amendment or repeal

• (a) Public hearings. Not less than 15 nor more than 120 days after a proposed bylaw, amendment, or repeal
  is submitted to the legislative body of a municipality under section 4441 of this title, the legislative body shall hold the first of one or more public hearings, after
  public notice, on the proposed bylaw, amendment, or repeal, and shall make copies
  of the proposal and the written report of the planning commission available to the
  public upon request. Failure to hold a hearing within the 120 days shall not invalidate
  the adoption of the bylaw or amendment or the validity of any repeal. (b) Amendment of proposal. The legislative body may make minor changes to the proposed bylaw, amendment, or repeal,
  but shall not do so less than 14 days prior to the final public hearing. If the legislative
  body at any time makes substantial changes in the concept, meaning, or extent of the
  proposed bylaw, amendment, or repeal, it shall warn a new public hearing or hearings
  under subsection (a) of this section. If any part of the proposal is changed, the
  legislative body at least 10 days prior to the hearing shall file a copy of the changed
  proposal with the clerk of the municipality and with the planning commission. The
  planning commission shall amend the report prepared pursuant to subsection 4441(c) of this title to reflect the changes made by the legislative body and shall submit that amended
  report to the legislative body at or prior to the public hearing. (c) Routine adoption. A bylaw, bylaw amendment, or bylaw repeal shall be adopted by a majority of the members
  of the legislative body at a meeting that is held after the final public hearing,
  and shall be effective 21 days after adoption unless, by action of the legislative
  body, the bylaw, bylaw amendment, or bylaw repeal is warned for adoption by the municipality
  by Australian ballot at a special or regular meeting of the municipality. (d) Petition for popular vote. Notwithstanding subsection (c) of this section, a vote by the legislative body on
  a bylaw, amendment, or repeal shall not take effect if five percent of the voters
  of the municipality petition for a meeting of the municipality to consider the bylaw,
  amendment, or repeal, and the petition is filed within 20 days of the vote. In that
  case, a meeting of the municipality shall be duly warned for the purpose of acting
  by Australian ballot upon the bylaw, amendment, or repeal. (e) Multipurpose hearings. Nothing contained in this chapter shall be construed to prohibit any public hearing
  held under this chapter to be held for more than one purpose under this chapter. A
  municipality may prepare and adopt a plan, one or more bylaws, and a capital budget
  and program in the same proceedings. However, all the provisions of this chapter applicable
  to each purpose of the hearing shall be complied with. (f) Unorganized towns and gores. A bylaw, amendment, or repeal of a bylaw of an unorganized town or gore shall be adopted
  by a majority of votes cast at a meeting of the regional planning commission in which
  the unorganized town or gore is located at which a quorum is present. However, a bylaw,
  amendment, or repeal of a bylaw of the unified towns and gores of Essex County, namely
  Averill, Avery’s Gore, Ferdinand, Lewis, Warner’s Grant, and Warren’s Gore, shall
  be adopted by the board of governors. (g) Time for action. If the proposed bylaw, amendment, or repeal is not approved or rejected under subsection
  (c) of this section within one year of the date of the final hearing of the planning
  commission, it shall be considered disapproved unless five percent of the voters of
  the municipality petition for a meeting of the municipality to consider the bylaw,
  amendment, or repeal, and the petition is filed within 60 days of the end of that
  year. In that case, a meeting of the municipality shall be duly warned for the purpose
  of acting upon the bylaw, amendment, or repeal by Australian ballot. (Added 2003, No. 115 (Adj. Sess.), § 100; amended 2005, No. 30, § 2; 2005, No. 105 (Adj. Sess.), § 1, eff. April 5, 2006; 2007, No. 121 (Adj. Sess.), § 20; 2011, No. 155 (Adj. Sess.), § 15; 2023, No. 47, § 13, eff. July 1, 2023; 2023, No. 85 (Adj. Sess.), § 329, eff. July 1, 2024.)