§ 4441. Preparation of bylaws and regulatory tools; amendment or repeal
(a) A municipality may have one or more bylaws. Any bylaw for a municipality shall be
prepared by or at the direction of the planning commission of the municipality and
shall have the purpose of implementing the plan. An amendment or repeal of a bylaw
may be prepared by the planning commission or by any other person or body.
(b) A proposed amendment or repeal prepared by a person or body other than the planning
commission shall be submitted in writing along with any supporting documents to the
planning commission. The planning commission may then proceed under this subchapter
as if the amendment or repeal had been prepared by the commission. However, if the
proposed amendment or repeal of a bylaw is supported by a petition signed by not less
than five percent of the voters of the municipality, the commission shall correct
any technical deficiency and shall, without otherwise changing the amendment or repeal,
promptly proceed in accordance with subsections (c) through (g) of this section, as
if it had been prepared by the commission.
(c) When considering an amendment to a bylaw, the planning commission shall prepare and
approve a written report on the proposal. A single report may be prepared so as to
satisfy the requirements of this subsection concerning bylaw amendments and subsection 4384(c) of this title concerning plan amendments. The report shall provide a brief explanation of the proposed
bylaw, amendment, or repeal and shall include a statement of purpose as required for
notice under section 4444 of this title and shall include findings regarding how the proposal:
(1) conforms with or furthers the goals and policies contained in the municipal plan,
including the effect of the proposal on the availability of safe and affordable housing,
and sections 4412, 4413, and 4414 of this title;
(2) is compatible with the proposed future land uses and densities of the municipal plan;
and
(3) carries out, as applicable, any specific proposals for any planned community facilities.
(d) The planning commission shall hold at least one public hearing within the municipality
after public notice on any proposed bylaw, amendment, or repeal.
(e) At least 15 days prior to the first hearing, a copy of the proposed bylaw, amendment,
or repeal and the written report shall be delivered physically or electronically with
proof of receipt or mailed by certified mail, return receipt requested, to each of
the following:
(1) The chair of the planning commission of each abutting municipality, or in the absence
of any planning commission in a municipality, the clerk of that abutting municipality.
(2) The executive director of the regional planning commission of the area in which the
municipality is located.
(3) The Department of Housing and Community Development within the Agency of Commerce
and Community Development.
(f) Any of the bodies identified in subsection (e) of this section, or their representatives,
may submit comments on the proposed bylaw, amendment, or repeal to the planning commission,
or may appear and be heard in any proceeding with respect to the adoption of the proposed
bylaw, amendment, or repeal.
(g) The planning commission may make revisions to a proposed bylaw, amendment, or repeal
and to the written report, and shall then submit the proposed bylaw, amendment, or
repeal and the written report to the legislative body of the municipality. However,
if requested by the legislative body or if a proposed amendment was supported by a
petition signed by not less than five percent of the voters of the municipality, the
planning commission shall promptly submit the amendment, with changes only to correct
technical deficiencies, to the legislative body of the municipality, together with
any recommendation or opinion it considers appropriate. Simultaneously with the submission,
the planning commission shall file with the clerk of the municipality a copy of the
proposed bylaw, amendment, or repeal, and the written report for public review.
(h) Upon adoption or amendment of a bylaw, the planning commission shall prepare an adoption
report in form and content provided by the Department of Housing and Community Development
that:
(1) confirms that zoning districts’ GIS data has been submitted to the Department and
that the data complies with the Vermont Zoning GIS Data Standard adopted pursuant
to 10 V.S.A. § 123;
(2) confirms that the complete bylaw has been uploaded to the Municipal Plan and Bylaw
Database;
(3) demonstrates conformity with sections 4412, 4413, and 4414 of this title; and
(4) provides information on the municipal application of subchapters 7 (bylaws), 9 (administration),
and 10 (panels) of this chapter for the Municipal Planning Data Center and the prospective
development of a statewide zoning atlas. (Added 2003, No. 115 (Adj. Sess.), § 100; amended 2017, No. 197 (Adj. Sess.), § 17; 2023, No. 47, § 5, eff. July 1, 2023.)