§ 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 Natural Resources 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 Natural Resources 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.)
Structure Vermont Statutes
Title 24 - Municipal and County Government
Chapter 117 - Municipal and Regional Planning and Development
§ 4304. Planning and land use manual
§ 4306. Municipal and Regional Planning Fund
§ 4307. Municipal Bylaw Modernization Grants
§ 4321. Creation of planning commissions
§ 4322. Planning commission; membership
§ 4323. Appointment, term, and vacancy; rules
§ 4325. Powers and duties of planning commissions
§ 4326. Appropriations, reports, and records
§ 4327. Joint planning commissions
§ 4328. Terms of office inconsistent with charter provisions
§ 4341. Creation of regional planning commissions
§ 4341a. Performance grants for regional planning service
§ 4342. Regional planning commissions; membership
§ 4343. Appointment, term, and vacancy; rules
§ 4345. Optional powers and duties of regional planning commissions
§ 4345a. Duties of regional planning commissions
§ 4345b. Intermunicipal service agreements
§ 4347. Purposes of regional plan
§ 4348. Adoption and amendment of regional plan
§ 4348a. Elements of a regional plan
§ 4348b. Readoption of regional plans
§ 4349. Regional plan; adoption by municipality
§ 4350. Review and consultation regarding municipal planning effort
§ 4351. Review by Commissioner of Housing and Community Development
§ 4352. Optional determination of energy compliance; enhanced energy planning
§ 4382. The plan for a municipality
§ 4384. Preparation of plan; hearings by planning commission
§ 4385. Adoption and amendment of plans; hearing by legislative body
§ 4402. Bylaws and regulatory implementation tools authorized
§ 4403. Nonregulatory implementation tools
§ 4404. State designation; implementation of municipal plan
§ 4410. Regulatory implementation of the municipal plan
§ 4412. Required provisions and prohibited effects
§ 4413. Limitations on municipal bylaws
§ 4414. Zoning; permissible types of regulations
§ 4417. Planned unit development
§ 4419. Unified development bylaws
§ 4420. Local Act 250 review of municipal impacts
§ 4422. Adequate public facilities; phasing
§ 4423. Transfer of development rights
§ 4427. Persons eligible to apply for permits
§ 4430. Capital budget and program
§ 4431. Purchase or acceptance of development rights
§ 4433. Advisory commissions and committees
§ 4440. Administration; finance
§ 4441. Preparation of bylaws and regulatory tools; amendment or repeal
§ 4442. Adoption of bylaws and related regulatory tools; amendment or repeal
§ 4443. Adoption, amendment, or repeal of capital budget and program
§ 4444. Public hearing notice for adoption, amendment, or repeal of bylaw and other regulatory tools
§ 4445. Availability and distribution of documents
§ 4446. Bylaws; effect of adoption
§ 4448. Appointment and powers of administrative officer
§ 4449. Zoning permit, certificate of occupancy, and municipal land use permit
§ 4450. Eligibility to apply for permits
§ 4451. Enforcement; penalties
§ 4453. Challenges to housing provisions in bylaws
§ 4454. Enforcement; limitations
§ 4460. Appropriate municipal panels
§ 4461. Development review procedures
§ 4465. Appeals of decisions of the administrative officer
§ 4470. Successive appeals; requests for reconsideration to an appropriate municipal panel
§ 4470a. Misrepresentation; material fact
§ 4471. Appeal to Environmental Division
§ 4472. Exclusivity of remedy; finality
§ 4476. Formal review of regional planning commission decisions
§ 4480. Construction of chapter