Vermont § 4464 - Hearing and notice requirements; decisions and conditions; administrative review; role of advisory commissions in development review

§ 4464. Hearing and notice requirements; decisions and conditions; administrative review; role of advisory commissions in development review

• (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. 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. 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. The applicant may be required
  to demonstrate proof of delivery to adjoining landowners 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. (4) The bylaw may also require public notice through other effective means such as a notice
  board on a municipal website. (5) No defect in the form or substance of any requirements in subdivision (1) or (2) of
  this subsection shall invalidate the action of the appropriate municipal panel where
  reasonable efforts are made to provide adequate posting and notice. However, the action
  shall be invalid when the defective posting or notice was materially misleading in
  content. If an action is ruled to be invalid by the Environmental Division or by the
  applicable municipal panel itself, the action shall be remanded to the applicable
  municipal panel to provide new posting and notice, hold a new hearing, and take a
  new action. (b) Decisions. (1) Within 120 days of an application being deemed complete, the appropriate municipal
  panel shall notice and warn a hearing on the application. The appropriate municipal
  panel may recess the proceedings on any application pending submission of additional
  information. The panel should close the evidence promptly after all parties have submitted
  the requested information. The panel shall adjourn the hearing and issue a decision
  within 45 days after the adjournment of the hearing, and failure of the panel to issue
  a decision within this period shall be deemed approval and shall be effective on the
  46th day. Decisions shall be issued in writing and shall include a statement of the
  factual bases on which the appropriate municipal panel has made its conclusions and
  a statement of the conclusions. The minutes of the meeting may suffice, provided the
  factual bases and conclusions relating to the review standards are provided in conformance
  with this subsection. (2) In rendering a decision in favor of the applicant, the panel may attach additional
  reasonable conditions and safeguards as it deems necessary to implement the purposes
  of this chapter and the pertinent bylaws and the municipal plan then in effect. A
  bylaw may provide for the conditioning of permit issuance on the submission of a bond,
  escrow account, or other surety in a form acceptable to the legislative body of the
  municipality to assure one or more of the following: the completion of the project,
  adequate stabilization, or protection of public facilities that may be affected by
  a project. (3) Any decision shall be sent by certified mail within the period set forth in subdivision
  (1) of this subsection to the applicant and the appellant in matters on appeal. Copies
  of the decision shall also be mailed to every person or body appearing and having
  been heard at the hearing and a copy of the decision shall be filed with the administrative
  officer and the clerk of the municipality as a part of the public records of the municipality. (4) Conditions may require that no zoning permit, except for any permits that may be required
  for infrastructure construction, may be issued for an approved development unless
  the streets and other required public improvements have been satisfactorily installed
  in accordance with the approval decision and pertinent bylaws. In lieu of the completion
  of the required public improvements, the appropriate municipal panel may require from
  the owner for the benefit of the municipality a performance bond issued either by
  a bonding or surety company approved by the legislative body or by the owner with
  security acceptable to the legislative body in an amount sufficient to cover the full
  cost of those new streets and required improvements on or in those streets or highways
  and their maintenance for a period of two years after completion as is estimated by
  the appropriate municipal panel or such municipal departments or officials as the
  panel may designate. This bond or other security shall provide for, and secure to
  the public, the completion of any improvements that may be required within the period
  fixed in the subdivision bylaws for that completion and for the maintenance of those
  improvements for a period of two years after completion. (5) The legislative body may enter into an agreement governing any combination of the
  timing, financing, and coordination of private or public facilities and improvements
  in accordance with the terms and conditions of a municipal land use permit, provided
  that agreement is in compliance with all applicable bylaws in effect. (6) The performance bond required by this subsection shall run for a term to be fixed
  by the appropriate municipal panel, but in no case for a longer term than three years.
  However, with the consent of the owner, the term of that bond may be extended for
  an additional period not to exceed three years. If any required improvements have
  not been installed or maintained as provided within the term of the performance bond,
  the bond shall be forfeited to the municipality and upon receipt of the proceeds of
  the bond, the municipality shall install or maintain such improvements as are covered
  by the performance bond. (7)(A) A decision rendered by the appropriate municipal panel for a housing development or
  the housing portion of a mixed-use development shall not: (i) require a larger lot size than the minimum as determined in the municipal bylaws; (ii) require more parking spaces than the minimum as determined in the municipal bylaws
  and in section 4414 of this title; (iii) limit the building size to less than that allowed in the municipal bylaws, including
  reducing the building footprint or height; (iv) limit the density of dwelling units to below that allowed in the municipal bylaws;
  and (v) otherwise disallow a development to abide by the minimum or maximum applicable municipal
  standards. (B) However, a decision may require adjustments to the applicable municipal standards
  listed in subdivision (A) of this subdivision (7) if the panel or officer issues a
  written finding stating: (i) why the modification is necessary to comply with a prerequisite State or federal permit,
  municipal permit, or a nondiscretionary standard in a bylaw or ordinance, including
  requirements related to wetlands, setbacks, and flood hazard areas and river corridors;
  and (ii) how the identified restrictions do not result in an unequal treatment of housing or
  an unreasonable exclusion of housing development otherwise allowed by the bylaws. (c) Administrative review. In addition to the delegation of powers authorized under this chapter, any bylaws
  adopted under this chapter may establish procedures under which the administrative
  officer may review and approve new development and amendments to previously approved
  development that would otherwise require review by an appropriate municipal panel.
  If administrative review is authorized, the bylaws shall clearly specify the thresholds
  and conditions under which the administrative officer classifies an application as
  eligible for administrative review. The thresholds and conditions shall be structured
  such that no new development shall be approved that results in a substantial impact
  under any of the standards set forth in the bylaws. No amendment issued as an administrative
  review shall have the effect of substantively altering any of the findings of fact
  of the most recent approval. Any decision by an administrative officer under this
  subsection may be appealed as provided in section 4465 of this title. (d) Role of advisory commissions in development review. An advisory commission that has been established through section 4433 or chapter 118
  of this title and that has been granted authority under the bylaws, by ordinance,
  or by resolution of the legislative body to advise the appropriate municipal panel
  or panels, applicants, and interested parties should perform the advisory function
  in the following manner: (1) The administrative officer shall provide a copy or copies of applications subject
  to review by the advisory commission and all supporting information to the advisory
  commission upon determination that the application is complete. (2) The advisory commission may review the application and prepare recommendations on
  each of the review standards within the commission’s purview for consideration by
  the appropriate municipal panel at the public hearing on the application. The commission
  or individual members of the commission may meet with the applicant, interested parties,
  or both, conduct site visits, and perform other fact-finding that will enable the
  preparation of recommendations. (3) Meetings by the advisory commission on the application shall comply with the Open
  Meeting Law, 1 V.S.A. chapter 5, subchapter 2, and the requirements of the commission’s rules of procedure, but shall
  not be conducted as public hearings before a quasi-judicial body. (4) The advisory commission’s recommendations may be presented in writing at or before
  the public hearing of the appropriate municipal panel on the application, or may be
  presented orally at the public hearing. (5) If the advisory commission finds that an application fails to comply with one or more
  of the review standards, it shall make every effort to inform the applicant of the
  negative recommendations before the public hearing, giving the applicant an opportunity
  to withdraw the application or otherwise prepare a response to the advisory committee’s
  recommendations at the public hearing. Advisory commissions may also suggest remedies
  to correct the deficiencies that resulted in the negative recommendations. (Added 2003, No. 115 (Adj. Sess.), § 104; amended 2007, No. 75, § 29; 2009, No. 154 (Adj. Sess.), § 236; 2023, No. 47, § 10, eff. July 1, 2023; 2023, No. 181 (Adj. Sess.), § 58, eff. June 17, 2024.)