§ 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.)