§ 4433. Advisory commissions and committees
Municipalities may at any time create one or more advisory commissions, which for
the purposes of this chapter include committees, or a combination of advisory commissions
to assist the legislative body or the planning commission in preparing, adopting,
and implementing the municipal plan. Advisory commissions authorized under this section
and under chapter 118 of this title may advise appropriate municipal panels, applicants,
and interested parties in accordance with the procedures established under section 4464 of this title.
(1) Creation of an advisory commission. Advisory commissions not authorized in chapter 118 of this title shall be created
as follows:
(A) An advisory commission may be created at any time when a municipality votes to create
one, or through adoption of bylaws, or when the legislative body of the municipality
votes to create one.
(B) An advisory commission shall have no fewer than three members. All members should
be residents of the municipality, except that historic preservation or design advisory
commissions may be composed of professional and lay members, a majority of whom shall
reside within the municipality creating the commission.
(C) Members of the advisory commission shall be appointed, and any vacancy filled, by
the legislative body of the municipality. The term of each member shall be as established
by the legislative body, except for those first appointed, whose terms shall be varied
in length so that in the future the number whose terms expire in each successive year
shall be minimized. Any appointment to fill a vacancy shall be for the unexpired term.
(D) Any member of an advisory commission may be removed at any time for just cause by
vote of the legislative body, for reasons given to the member in writing, and after
a public hearing on the issue if the member so requests.
(2) Procedures for advisory commissions. Advisory commissions not authorized in chapter 118 of this title shall establish the
following procedures:
(A) At its organizational meeting, an advisory commission shall adopt by majority vote
of those present and voting such rules as it deems necessary and appropriate for the
performance of its functions. It shall annually elect a chair and a clerk.
(B) Times and places of meetings of an advisory commission shall be publicly posted in
the municipality, and its meetings shall be open to the public in accordance with
the terms of the Open Meeting Law set forth in 1 V.S.A. chapter 5, subchapter 2.
(C) The advisory commission shall keep a record of its transactions that shall be filed
with the town clerk as a public record of the municipality.
(D) The advisory commission shall comply with ethical policies or ordinances as adopted
by the town.
(3) Duties and powers of historic preservation commissions. In addition to the requirements set forth in subdivision (2) of this section, all
historic preservation commissions shall comply with all the following:
(A) To the extent possible, have among their members professionals in the fields of historic
preservation, history, architecture, archaeology, and related disciplines.
(B) Meet no fewer than four times each year and maintain an attendance rule for commission
members.
(C) Have responsibilities set forth in a written document approved by a majority vote
of the local legislative body at a regular or special meeting that may include:
(i) Preparation of reports and recommendations on standards for the planning commission
in creating a local historic district bylaw under this chapter.
(ii) Advising and assisting the legislative body, planning commission, and other entities
on matters related to historic preservation.
(iii) Advising the appropriate municipal panel and administrative officer in development
review and enforcement pursuant to subdivision 4414(1)(F) and section 4464 of this title.
(iv) If provided in the bylaw, advising and assisting the legislative body, appropriate
municipal panel, and administrative officer in creating and administering a design
review district or downtown or village center district pursuant to subdivision 4414(1)(A)
or (E) of this title.
(v) If provided in a bylaw developed in cooperation with the Division for Historic Preservation,
those procedural and advisory powers required of a Certified Local Government under
the National Historic Preservation Act.
(4) Powers and duties of design review commissions. In addition to the requirements set forth in subdivision (2) of this section, all
design review commissions shall:
(A) To the extent possible, have among their members professionals in the fields of architecture,
landscape architecture, urban planning, historic preservation, and related disciplines.
(B) Have responsibilities identified by the legislative body that may include:
(i) Preparation of reports and standards for the planning commission in creating a design
review district bylaw under this chapter.
(ii) Advising and assisting the legislative body, planning commission, and other entities
on design-related matters in the creation of plans and bylaws and planning for public
improvements.
(iii) Advising appropriate municipal panels and the administrative officer in development
review and enforcement pursuant to subdivisions 4414(1)(E) and (F) and section 4464 of this title.
(5) Powers and duties of housing commissions. In addition to the requirements set forth in subdivision (2) of this section, housing
commissions may have responsibilities identified by the local legislative body that
include:
(A) Making an inventory of the current stock of housing units in the municipality and
identify any gaps in the housing stock according to household incomes or special needs
of the community. The inventory may include documentation of the affordable housing
cost index for an average citizen of the municipality, the average cost of rental
units and vacancy rates, and the annual average sales price of homes.
(B) Reviewing the zoning ordinances, subdivision bylaws, building codes, and the development
review process of the municipality, make recommendations to facilitate the development
of affordable housing in the municipality, and promote bylaws that increase densities
for the purpose of providing affordable housing.
(C) Assisting the local appropriate municipal panels pursuant to section 4464 of this title and the District Environmental Commission by providing advisory testimony on the
housing needs of the municipality, where pertinent to applications made to those bodies,
for permits for development.
(D) Cooperating with the local legislative body, planning commission, zoning board of
adjustment, road committee, or other municipal or private organizations on matters
affecting housing resources of the municipality. This may include working with the
municipality on a wastewater and water allocation policy that reserves a percentage
of the capacity for future affordable housing.
(E) Collaborating with not-for-profit housing organizations, government agencies, developers,
and builders in pursuing options to meet the housing needs of the local residents. (Added 2003, No. 115 (Adj. Sess.), § 97; amended 2013, No. 162 (Adj. Sess.), § 8.)