§ 4385. Adoption and amendment of plans; hearing by legislative body
(a) Not less than 30 nor more than 120 days after a proposed plan or amendment is submitted
to the legislative body of a municipality under section 4384 of this title, the legislative body of a municipality with a population of 2,500 persons or less
shall hold the first of one or more public hearings, after public notice, on the proposed
plan or amendment, and shall make copies of the proposal and any written report by
the planning commission available to the public on request. A municipality with a
population of more than 2,500 persons shall hold two or more such hearings. Failure
to hold a hearing within the 120 days shall not invalidate the adoption of the plan
or amendment.
(b)(1) The legislative body may change the proposed plan or amendment, but shall not do so
less than 15 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
plan or amendment, it shall warn a new public hearing or hearings under subsection
(a) of this section.
(2) If any part of the proposal is changed, the legislative body, at least 15 days prior
to the hearing, shall file a copy of the changed proposal with the clerk of the municipality,
with any individual or organization requesting a copy in writing, and with the planning
commission. The planning commission shall submit to the legislative body at or prior
to the public hearing a report that analyzes the extent to which the changed proposal,
when taken together with the rest of the plan, is consistent with the legislative
goals established in section 4302 of this title.
(c) A plan of a municipality or an amendment thereof shall be adopted by a majority of
the members of its legislative body at a meeting which is held after the final public
hearing. If, however, at a regular or special meeting of the voters duly warned and
held as provided in 17 V.S.A. chapter 55, a municipality elects to adopt or amend municipal plans by Australian ballot, that
procedure shall then apply unless rescinded by the voters at a regular or special
meeting similarly warned and held. If the proposed plan or amendment is not adopted
so as to take effect within one year after the date of the final hearing of the planning
commission, it shall be considered rejected by the municipality. Plans and amendments
shall be effective upon adoption. Copies of newly adopted plans and amendments shall
be provided to the regional planning commission and to the Commissioner of Housing
and Community Development within 30 days after adoption, which may be done electronically,
provided the sender has proof of receipt. If a municipality wishes its plan or plan
amendment to be eligible for approval under the provisions of section 4350 of this title, it shall request approval. The request for approval may be before or after adoption
of the plan by the municipality, at the option of the municipality.
(d) Plans may be reviewed from time to time and may be amended in the light of new developments
and changed conditions affecting the municipality. An amendment to a plan does not
affect or extend the plan’s expiration date. (Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1981, No. 132 (Adj. Sess.), § 10; 1987, No. 200 (Adj. Sess.), §§ 12, 13, eff. July 1, 1989; 1989, No. 280 (Adj. Sess.), § 9; 2015, No. 90 (Adj. Sess.), § 2; 2017, No. 197 (Adj. Sess.), § 15; 2023, No. 6, § 259, eff. July 1, 2023.)