Transcript Procedural Issues: Adoption, Amendment, Enforcement, and Appeals Overview • Process is a critical component of land use planning and administration • Failure to follow proper.

Procedural Issues: Adoption,
Amendment, Enforcement, and
Appeals
1
Overview
• Process is a critical component of land use planning
and administration
• Failure to follow proper process can result in
challenges to the legitimacy of land use decisions
• Discussion will focus on
- adopting and amending municipal plans and bylaws
- enforcement of those regulations
- appeals that come as a result of land use decisions
2
Adoption and Amendment
of the Municipal Plan
• State law strictly prescribes adoption and
amendment process
• Law requires planning commission to solicit public
comment
• PC must hold at least one public hearing on a
proposed plan
• After PC hearing, PC forwards plan to legislative
body
3
Adoption and Amendment
of the Municipal Plan
• PC must prepare written report on proposal
addressing the proposal’s compliance with the
state planning goals found in 24 V.S.A. §
4302
• Once PC has sent plan to legislative body,
legislative body must hold at least one public
hearing (more than one if more than 2,500
residents)
4
Adoption and Amendment
of the Municipal Plan
• State law requires minimal hearings on
adoption of plan
• Most planners find that holding more
hearings or informal meetings to involve the
public and gain public buy-in is critical
5
Adoption and Amendment
of Bylaws (Regulations)
• Planning commission drafts bylaws to
implement the municipal plan
• PC must prepare a report containing:
- How the bylaw furthers the goals of the
municipal plan
- Its compatibility with proposed uses and
densities
- How it carries out specific proposals for
planned community facilities
6
Adoption and Amendment of
Bylaws (Regulations)
• Planning commission must hold at least one
hearing to consider bylaw and solicit public
comment
• Many planning commissions find that
multiple hearings engender greater public
support
• PC forwards proposed bylaw to legislative
body
7
Adoption and Amendment of
Bylaws (Regulations)
• Legislative body may make changes to the
proposed bylaw
• May only make “minor” changes in the 14
days preceding the first public hearing
• Any time “substantial” changes are made,
legislative body must hold another public
hearing
8
Adoption and Amendment of
Bylaws (Regulations)
• Legislative body adopts bylaw by majority vote
• Bylaw takes effect 21 days after adoption
• Voters may petition for Australian ballot vote to
consider legislative body’s vote
• Voters may petition for initial voting authority, or
legislative body may give away by resolution
9
Enforcement
• Administrative officer (ZA) enforces land use bylaws
• ZA must administer bylaws literally
• Planning commission or appropriate municipal panel
should not be involved in enforcement (unless it is an
appeal)
10
Initiating Enforcement
Proceedings
• ZA may seek enforcement informally
• After issuing notice of violation and waiting seven
days, ZA may take further action in Environmental
Court or Judicial Bureau
• ZA should always consult with legislative body and
municipal attorney prior to taking further action
11
Appealing Administrative
Officer Decisions
• Virtually any act can be appealed
• Appeal goes to AMP – usually the development review
board or zoning board of adjustment
• AMP must determine if appellant is an “interested person”
• Both appellant and ZA get to present their cases
12
Appeals to
Environmental Court
• Appeals from AMP are taken by the Vermont
Environmental Court
• Appeal is de novo
• Parties are entitled to present new evidence as if
no case were heard below
• Practically, judge will inquire as to what happened
below to better understand the case
13
Appeals to
Environmental Court
• No obligation for municipality to participate
at this level, though some do
• Some municipalities hire an attorney or
designate an official to represent their
interests in court
• Mediation is frequently required
14
Role of the Legislative Body
in the Appeals Process
• Legislative body has little role at local level
• Though rare, some seek to participate as a party
• Legislative body may make an appearance at
Environmental Court
• Legislative body may appeal if the plan or bylaw is at issue
15
On the Record Review
• Alternative to de novo review
• Municipality must first adopt Municipal
Administrative Procedure Act (MAPA)
• Municipality must designate appeals to be heard on
the record
• Must audiotape proceedings
• Chair must run an orderly meeting
• Board must write strong, concise decision
16
On the Record Review
• Allows decision-making to stay local
• If done well, can eliminate costly appeals
• Municipalities considering MAPA should
undertake training to learn the process
17
Procedural Issues Summary
• Following proper procedure is crucial
• Land use decisions can be overturned for
failure to follow procedure
• Municipalities must be vigilant in
understanding what state law requires and
should consider education and training in
procedural issues
18