Public hearing notice for adoption, amendment, or repeal of bylaw and other regulatory tools

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§ 4444. Public hearing notice for adoption, amendment, or repeal of bylaw and other regulatory tools

(a) Any public notice required for public hearing under this subchapter shall be given not less than 15 days prior to the date of the public hearing by:

(1) the publication of the date, place, and purpose of the hearing in a newspaper of general circulation in the municipality affected;

(2) the posting of the same information in three or more public places within the municipality in conformance with location requirements of 1 V.S.A. § 312(c)(2); and

(3) compliance with subsection (b) or (c) of this section.

(b) A municipality may complete public notice commenced under subsection (a) of this section by publishing and posting the full text of the proposed material or by publishing and posting the following:

(1) A statement of purpose.

(2) A map or description of the geographic areas affected.

(3) A table of contents or list of section headings.

(4) A description of a place within the municipality where the full text may be examined.

(c) As an alternative to the publication and posting provisions established under subsection (b) of this section, a municipality may make reasonable effort to mail or deliver copies of the full text or the material specified in subdivisions (b)(1) through (4) of this section, together with the public hearing notice of the proposed material and the public hearing notice to each voter, as evidenced by the voter checklist of the municipality, and to each owner of land within the municipality, as evidenced by the grand list of the municipality.

(d) No defect in the form or substance of any public hearing notice under this chapter shall invalidate the adoption, amendment, or repeal of any plan, bylaw, or capital budget and program. However, the action shall be invalidated if the notice is materially misleading in content or fails to include one of the elements required by subsection (b) of this section or if the defect was the result of a deliberate or intentional act. (Added 2003, No. 115 (Adj. Sess.), § 100.)


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