Brighton City Zoning Code

1. The Zoning Administrator shall be appointed by the Selectboard, following the nomination by the Planning Commission, to administer the zoning bylaws, as provided for in 24 V.S.A. §4448. The Selectboard may remove a Zoning Administrator for cause at any time after consultation with the Planning Commission. The Zoning Administrator shall literally administer and strictly enforce the provisions of this bylaw, and in doing so shall inspect development, maintain records, and perform other related tasks as is necessary and appropriate. All development review is initiated with the Zoning Administrator.
2. The Zoning Administrator is responsible for posting, on the applicant’s property, within view of the public right-of-way, any permit issued by the Zoning Administrator or any development application awaiting a hearing by the Development Review Board. Such posting shall occur within 24 hours of any permit issued by the Zoning Administrator; or in the case of any scheduled hearing of the Development Review Board, posting shall adhere to the time-frames specified in §510 (1) and (3), with subsequent information on approval or denial added within 24 hours of the Board’s decision. The Zoning Administrator may delegate the posting to the applicant, provided that the applicant agrees to accept responsibility for the posting by initialing acceptance on the application form.
3. An acting Zoning Administrator may be appointed by the Selectboard, from nominations submitted by the Planning Commission, who shall have the same duties and responsibilities of the Zoning Administrator in the Zoning Administrator’s absence, or if the Zoning Administrator has a conflict of interest. In the event an acting Zoning Administrator is appointed, the Selectboard shall establish clear policies regarding the authority of the Zoning Administrator relative to the authority of the acting Zoning Administrator.

1. The Planning Commission shall consist of not less than five (5) or more than seven (7) members appointed by the Brighton Selectboard in accordance with 24 V.S.A. §§4321-4323. At least a majority of members shall be residents of the municipality. Any member of the Planning Commission may be removed at any time by a unanimous vote of the Legislative Body.

33. The Planning Commission shall adopt rules of procedure and rules of ethics with respect to conflicts of interest to guide its official conduct, as required under 24 V.S.A. §4461(a) and Vermont’s Open Meeting Law.

2. The Planning Commission shall have the following duties regarding this bylaw, in accordance with 24 V.S.A. §4441:

1. to prepare proposed amendments to this bylaw, and consider proposed amendments submitted by others, including amendments supported by a petition signed by at least five percent of the voters of the Town of Brighton.
2. to prepare and approve written reports on any proposed amendment to this bylaw; and
3. to hold one or more warned public hearings on proposed amendments to these regulations, prior to submission of a proposed amendment and written report to the Selectboard.

1. to prepare proposed amendments to this bylaw, and consider proposed amendments submitted by others, including amendments supported by a petition signed by at least five percent of the voters of the Town of Brighton.
2. to prepare and approve written reports on any proposed amendment to this bylaw; and
3. to hold one or more warned public hearings on proposed amendments to these regulations, prior to submission of a proposed amendment and written report to the Selectboard.

1. The Development Review Board shall consist of not fewer than five (5) nor more than nine (9) members appointed by the Selectboard for specified terms in accordance with 24 V.S.A. [§4460(b) and (c)]. The Selectboard also may appoint alternates, for specified terms, to serve on the Development Review Board in situations when one or more members of the Board are disqualified or are otherwise unable to serve. Any member of the Development Review Board may be removed for cause by the Selectboard upon written charges and after public hearing.

34. The Development Review Board shall adopt rules of procedure and rules of ethics with respect to conflicts of interest to guide its official conduct, as required under 24 V.S.A. §4461(a) and Vermont’s Open Meeting Law.
35. The Development Review Board shall have all powers and duties as set forth in 24 V.S.A. Chapter 117 to administer the provisions of these regulations, including but not limited to the power to hear and act upon:
    1. appeals from any decision, act or failure to act by the Zoning Administrator, as described in §508 of this bylaw, and any associated variance requests, as described in §509 of this bylaw; and
    2. applications for conditional use approval, as described in §507 of this bylaw.
    3. site plan approval, as described in §505 of this bylaw; and
    4. rights-of-way or easements for development of non-frontage lots, as described in §303 of this bylaw; and
    5. major subdivisions of land, as described in §506 of this bylaw; and
    6. planned residential developments, as described in §317 of this bylaw.

1. appeals from any decision, act or failure to act by the Zoning Administrator, as described in §508 of this bylaw, and any associated variance requests, as described in §509 of this bylaw; and
2. applications for conditional use approval, as described in §507 of this bylaw.
3. site plan approval, as described in §505 of this bylaw; and
4. rights-of-way or easements for development of non-frontage lots, as described in §303 of this bylaw; and
5. major subdivisions of land, as described in §506 of this bylaw; and
6. planned residential developments, as described in §317 of this bylaw.

1. No land development as defined in 24 V.S.A. §4303(10) may be commenced without a permit issued by the Zoning Administrator. No zoning permit may be issued by the Zoning Administrator unless the proposed development complies with all applicable sections of this bylaw, and all applicable approvals required by the Development Review Board have been granted.

36. No zoning permit shall be required for the following activities:
    1. Accepted agricultural practices, including the construction of farm structures, as those practices are defined by the Secretary of Agriculture, Food and Markets, in accordance with 24 V.S.A. §4413(d). Written notification, including a sketch plan showing structure setback distances from road rights-or-way, property lines, and surface waters shall be submitted to the Zoning Administrator prior to any construction, as required for accepted agricultural practices. Such structures shall meet all setback requirements under these regulations, unless specifically waived by the Secretary.
    2. Accepted management practices for silviculture (forestry) as those practices are defined by the Commissioner of Forests, Parks and Recreation, in accordance with 24 V.S.A. §4413(d).
    3. Power generation and transmission facilities, which are regulated under 30 V.S.A. §248 by the Vermont Public Service Board. Such facilities, however, should conform to policies and objectives specified for such development in the Municipal Plan.
    4. Hunting, fishing, and trapping as specified under 24 V.S.A. §2295 on private or public land. This does not include facilities supporting such activities, such as firing ranges or rod and gun clubs, which for the purposes of these regulations are defined as outdoor recreation facilities.
    5. Residential landings or stairways less than 25 square ft. (excluding decks and porches), handicap access ramps, and walkways which do not extend into or obstruct public rights-of-way, or interfere with corner visibilities or sight distances for vehicular traffic.
    6. An application for a zoning permit shall be filed with the Zoning Administrator on forms provided by the Town of Brighton. All required application fees for all relevant development review processes, as set by the Town of Brighton Selectboard, shall be submitted with the application as well. The applications for a permitted use shall include a sketch plan, no smaller than 8.5” x 11”, drawn to scale, that depicts the following:
    7. the dimensions of the lot, including existing property boundaries,
    8. the location, footprint and height or existing and proposed structures or additions,
    9. the location of existing and proposed accesses (curb cuts), driveways and parking areas,
    10. the location of existing and proposed easements and rights-of-way,
    11. existing and required setbacks from property boundaries, road rights-of-way, surface waters and wetlands,
    12. the location of existing and proposed water and wastewater systems,
    14. proposed erosion and sedimentation control measures to be undertaken,
    15. snow removal; and
    16. other such information as required by the Zoning Administrator to determine conformance with these regulations.
    17. Within thirty (30) days of receipt of a complete application, including all application materials and fees, the Zoning Administrator shall act to either issue or deny a zoning permit in writing, or to refer the application to the Development Review Board for consideration. In accordance with 24 V.S.A. §§4448 and 4449, if the Zoning Administrator fails to act within the 30-day period, a permit shall be deemed issued on the 31st day. If the Zoning Administrator refers the application to the Development Review Board, additional fees will be required, and additional information may be required.
    18. Zoning permits and letters of denial shall include a statement of the time within which appeals may be taken under §508 of this bylaw; and shall require posting of a notice of permit, on a form prescribed by the Town of Brighton. The applicant shall post this notice of permit within view from the public right-of-way nearest the subject property until the time for appeal has expired.
    19. The Zoning Administrator, within three (3) days of the date of issuance, shall deliver a copy of the zoning permit to the Town of Brighton Listers; and shall post a copy of the permit in the Town of Brighton municipal offices for a period of fifteen (15) days from the date of issuance.
    20. No zoning permit shall take effect until the time for appeal under §508 of this bylaw has passed, or in the event that a notice of appeal is properly filed, until final adjudication of the appeal.
    21. Zoning permits shall remain in effect for two years from the date of issuance. All development authorized by the permit shall be substantially commenced within this two-year period or reapplication shall be required to continue development.
    22. Within 30 days of the issuance of a zoning permit, the Zoning Administrator shall deliver the original, a legible copy, or a notice of the permit to the Brighton Town Clerk for recording in the Town of Brighton land records.

1. Accepted agricultural practices, including the construction of farm structures, as those practices are defined by the Secretary of Agriculture, Food and Markets, in accordance with 24 V.S.A. §4413(d). Written notification, including a sketch plan showing structure setback distances from road rights-or-way, property lines, and surface waters shall be submitted to the Zoning Administrator prior to any construction, as required for accepted agricultural practices. Such structures shall meet all setback requirements under these regulations, unless specifically waived by the Secretary.
2. Accepted management practices for silviculture (forestry) as those practices are defined by the Commissioner of Forests, Parks and Recreation, in accordance with 24 V.S.A. §4413(d).
3. Power generation and transmission facilities, which are regulated under 30 V.S.A. §248 by the Vermont Public Service Board. Such facilities, however, should conform to policies and objectives specified for such development in the Municipal Plan.
4. Hunting, fishing, and trapping as specified under 24 V.S.A. §2295 on private or public land. This does not include facilities supporting such activities, such as firing ranges or rod and gun clubs, which for the purposes of these regulations are defined as outdoor recreation facilities.
5. Residential landings or stairways less than 25 square ft. (excluding decks and porches), handicap access ramps, and walkways which do not extend into or obstruct public rights-of-way, or interfere with corner visibilities or sight distances for vehicular traffic.
6. An application for a zoning permit shall be filed with the Zoning Administrator on forms provided by the Town of Brighton. All required application fees for all relevant development review processes, as set by the Town of Brighton Selectboard, shall be submitted with the application as well. The applications for a permitted use shall include a sketch plan, no smaller than 8.5” x 11”, drawn to scale, that depicts the following:
7. the dimensions of the lot, including existing property boundaries,
8. the location, footprint and height or existing and proposed structures or additions,
9. the location of existing and proposed accesses (curb cuts), driveways and parking areas,
10. the location of existing and proposed easements and rights-of-way,
11. existing and required setbacks from property boundaries, road rights-of-way, surface waters and wetlands,
12. the location of existing and proposed water and wastewater systems,
14. proposed erosion and sedimentation control measures to be undertaken,
15. snow removal; and
16. other such information as required by the Zoning Administrator to determine conformance with these regulations.
17. Within thirty (30) days of receipt of a complete application, including all application materials and fees, the Zoning Administrator shall act to either issue or deny a zoning permit in writing, or to refer the application to the Development Review Board for consideration. In accordance with 24 V.S.A. §§4448 and 4449, if the Zoning Administrator fails to act within the 30-day period, a permit shall be deemed issued on the 31st day. If the Zoning Administrator refers the application to the Development Review Board, additional fees will be required, and additional information may be required.
18. Zoning permits and letters of denial shall include a statement of the time within which appeals may be taken under §508 of this bylaw; and shall require posting of a notice of permit, on a form prescribed by the Town of Brighton. The applicant shall post this notice of permit within view from the public right-of-way nearest the subject property until the time for appeal has expired.
19. The Zoning Administrator, within three (3) days of the date of issuance, shall deliver a copy of the zoning permit to the Town of Brighton Listers; and shall post a copy of the permit in the Town of Brighton municipal offices for a period of fifteen (15) days from the date of issuance.
20. No zoning permit shall take effect until the time for appeal under §508 of this bylaw has passed, or in the event that a notice of appeal is properly filed, until final adjudication of the appeal.
21. Zoning permits shall remain in effect for two years from the date of issuance. All development authorized by the permit shall be substantially commenced within this two-year period or reapplication shall be required to continue development.
22. Within 30 days of the issuance of a zoning permit, the Zoning Administrator shall deliver the original, a legible copy, or a notice of the permit to the Brighton Town Clerk for recording in the Town of Brighton land records.

No zoning permit shall be issued by the Zoning Administrator for any use or structure except for one- and two-unit dwellings until the Development Review Board grants site plan approval after public notice and hearing and in accordance with 24 V.S.A. §4416. In reviewing site plans, the Development Review Board may impose appropriate safeguards with respect to the following:

1. The adequacy of parking
2. Traffic access and circulation for pedestrians and vehicles
3. Landscaping and screening
4. The protection of the utilization of renewable energy resources
5. Exterior lighting
6. The size, location, and design of signs
7. Erosion and sedimentation control
8. Snow removal

1. Applications for minor subdivisions of land shall be reviewed by the Zoning Administrator under the Administrative Review process.
2. Applications for major subdivisions of land shall also be subject to Site Plan Review by the Development Review Board after public notice and hearing. In accordance with 24 V.S.A. §4464(a)(1), the warning period for the public hearing shall not be less than 15 days.
3. Any application for subdivision of land shall be accompanied by a plat of sufficient scale and clarity to portray existing conditions and proposed development. The plat shall include all lot lines and boundary dimensions, names of roads abutting the property, location and size of existing improvements identified as “existing,” location and size of proposed improvements identified as “proposed,” setback dimensions of proposed and existing structures, location of existing and proposed driveways and culverts, location of existing and proposed wells and/or septic systems and location of waterways, wetlands, and flood plains. In addition, a topographic survey may be required.
4. No lot that is created as the result of subdivision of land shall have more than 50% of its buildable area in slopes greater than 20%.
5. An undersized lot resulting from subdivision of land may be created, provided it is combined with land from an adjacent property to form a conforming lot, and a single property description with a new warranty or similar deed is filed in the Town’s land records.
6. The approved subdivision may not be officially filed until all appeal periods have expired and/or all appeals are concluded.
7. A final plat on mylar must be submitted to the Zoning Administrator for approval before the subdivision is filed in the Town’s land records.

1. After public notice and hearing, the Development Review Board shall determine if a proposed conditional use has the potential to have an undue adverse effect on the following:

1. The capacity of existing or planned community facilities.
2. The character of the area affected, as defined by the purpose or purposes of the zoning district within which the project is located, and specifically stated policies and standards of the municipal plan.
3. Traffic on roads and highways in the vicinity
4. Bylaws in effect with special reference to this zoning bylaw, and;
5. The utilization of renewable energy resources.

37. In permitting a conditional use, the Development Review Board may impose, in addition to the regulations and standards expressly specified by this bylaw, other conditions found necessary to protect the best interests of the surrounding property, the neighborhood, or the municipality as a whole. These conditions may include the following:

1. Increasing the required lot size or yard dimensions in order to protect adjacent properties.
2. Limiting the coverage or height of buildings because of obstruction of view or reduction of light or air to nearby properties.
3. Controlling the location and number of vehicular access points to the property.
4. Increasing road width.
5. Increasing the number of off-street parking or loading spaces required.
6. Limiting the number, location, and size of signs.
7. Requiring suitable landscaping where necessary to reduce noise and glare and to maintain the property of a character in keeping with the surrounding area.
8. Specifying a specific time limit for construction, alteration, or enlargement of a structure to house a conditional use.
9. Requiring that any future enlargement or alteration of the use be reviewed by the Development Review Board to permit the specifying of new conditions.
10. As a condition of the grant of a conditional use, the Development Review Board may attach such additional reasonable conditions and safeguards as it may deem necessary to implement the purposes of 24 V.S.A. and this zoning bylaw.

38. Change of use, expansion or contraction of land area or expansion of structures for uses which are designated as conditional uses within the district in which they are located, and which are existing therein prior to the effective date of this bylaw, shall conform to all regulations herein.

1. Any interested person as defined under 24 V.S.A. §4465 may appeal a decision or act of the Zoning Administrator within 15 days of the date of the decision or act by filing a notice of appeal with the Town Clerk, and by filing a copy of the notice with the Zoning Administrator. A notice of appeal filed under this section shall be in writing and include the following information:

1. the name and address of the appellant,
2. a brief description of the property with respect to which the appeal is taken,
3. a reference to applicable provisions of these regulations,
4. the relief requested by the appellant, including any request for a variance from one or more provisions of these regulations, and
5. the alleged grounds why such relief is believed proper under the circumstances.
6. The Development Review Board shall hold a public hearing on a notice of appeal within 60 days of its filing, as required in 24 V.S.A. §4468. The Development Review Board shall give public notice of the hearing under §510 of this bylaw, and shall mail a copy of the hearing notice to the appellant not less than 15 days prior to the hearing date.
7. The Development Review Board may reject an appeal or request for reconsideration without hearing, and render a decision which shall include findings of fact within 10 days of the filing of a notice of appeal, if the Board determines that the issues raised by the appellant have been decided in an earlier appeal or are based on substantially or materially the same facts presented by or on behalf of the appellant.
8. All appeal hearings shall be open to the public and shall be conducted in accordance with the Development Review Board’s rules of procedures, as required by 24 V.S.A. §4461. Any interested person or body may appear and be heard in person or be represented by an agent or attorney at the hearing. The hearing may be adjourned by the Board from time to time, provided that the date, time, and place of the continuation of the hearing are announced at the hearing.
9. A decision on appeal shall be rendered within 45 days after the final adjournment of the hearing. The decision shall be sent by certified mail to the appellant within the 45 day period. Copies of the decision shall be mailed to every person or body appearing and having been heard at the hearing, and filed with the Zoning Administrator and the Municipal Clerk as part of the public records of the municipality, in accordance with §510 of this bylaw. If the Development Review Board fails to issue a decision within this 45-day period, the appeal will be deemed approved and shall be effective on the 46th day.

1. the name and address of the appellant,
2. a brief description of the property with respect to which the appeal is taken,
3. a reference to applicable provisions of these regulations,
4. the relief requested by the appellant, including any request for a variance from one or more provisions of these regulations, and
5. the alleged grounds why such relief is believed proper under the circumstances.
6. The Development Review Board shall hold a public hearing on a notice of appeal within 60 days of its filing, as required in 24 V.S.A. §4468. The Development Review Board shall give public notice of the hearing under §510 of this bylaw, and shall mail a copy of the hearing notice to the appellant not less than 15 days prior to the hearing date.
7. The Development Review Board may reject an appeal or request for reconsideration without hearing, and render a decision which shall include findings of fact within 10 days of the filing of a notice of appeal, if the Board determines that the issues raised by the appellant have been decided in an earlier appeal or are based on substantially or materially the same facts presented by or on behalf of the appellant.
8. All appeal hearings shall be open to the public and shall be conducted in accordance with the Development Review Board’s rules of procedures, as required by 24 V.S.A. §4461. Any interested person or body may appear and be heard in person or be represented by an agent or attorney at the hearing. The hearing may be adjourned by the Board from time to time, provided that the date, time, and place of the continuation of the hearing are announced at the hearing.
9. A decision on appeal shall be rendered within 45 days after the final adjournment of the hearing. The decision shall be sent by certified mail to the appellant within the 45 day period. Copies of the decision shall be mailed to every person or body appearing and having been heard at the hearing, and filed with the Zoning Administrator and the Municipal Clerk as part of the public records of the municipality, in accordance with §510 of this bylaw. If the Development Review Board fails to issue a decision within this 45-day period, the appeal will be deemed approved and shall be effective on the 46th day.

The Development Review Board shall hear and decide requests for variances in accordance with 24 V.S.A. §4469(a) and appeal procedures under §508 of this bylaw. In granting a variance, the Development Review Board may impose conditions it deems necessary and appropriate under the circumstances to implement the purposes of these regulations and the municipal plan currently in effect. The Development Review Board may grant a variance and render a decision in favor of the appellant only if all of the following facts are found, and the findings are specified in its written decision:

1. There are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that unnecessary hardship is due to these conditions and not the circumstances or conditions generally created by the provisions of these regulations in the neighborhood or district in which the property is located;
2. Because of these physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of these regulations and that the authorization of a variance is necessary to enable the reasonable use of the property;
3. The unnecessary hardship has not been created by the appellant;
4. The variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, substantially or permanently impair the appropriate use or development of adjacent property, reduce access to renewable energy resources, or be detrimental to the public welfare; and
5. The variance, if authorized, will represent the minimum that will afford relief and will represent the least deviation possible from these regulations and from the plan.

1. In accordance with 24 V.S.A. §4464, the following development review processes will be conducted in a public hearing, with notice of hearing given not less than 15 days prior to the date of the public hearing:

1. appeals from any decision, act or failure to act by the Zoning Administrator, as described in §508 of this bylaw, and any associated variance requests, as described in §509 of this bylaw; and
2. applications for conditional use approval, as described in §507 of this bylaw; and
3. planned residential developments, as described in §317 of this bylaw; and

1. appeals from any decision, act or failure to act by the Zoning Administrator, as described in §508 of this bylaw, and any associated variance requests, as described in §509 of this bylaw; and
2. applications for conditional use approval, as described in §507 of this bylaw; and
3. planned residential developments, as described in §317 of this bylaw; and

1. major subdivisions of land, as described in §506 of this bylaw.

1. major subdivisions of land, as described in §506 of this bylaw.

2. Warning of the abovementioned hearings in (1) shall be issued accordingly:

1. by publishing the date, place and purpose of the hearing in a local newspaper of general circulation; and
2. by posting the same information in three (3) or more public places within the municipality, including posting of a notice within view from the public right-of-way nearest to the property for which the application is being made; and
3. by written notification to the applicant and to owners of all properties adjoining the property subject to development, without regard to public rights-of-way. This written notice shall include a description of the proposed project, clearly identify how and where additional information may be obtained, and state that participation in the local proceeding is a prerequisite to the right to take any subsequent appeal.
4. In accordance with 24 V.S.A. §4464, the following development review processes will be conducted in a public hearing, with notice of hearing given not less than seven days prior to the date of the public hearing:
5. rights-of-way or easements for development of non-frontage lots, as described in §303 of this bylaw; and
6. site plan review, as described in §505 of this bylaw.
7. Warning of the abovementioned hearings in (3) shall be issued accordingly:
8. by posting the date, place and purpose of the hearing in three (3) or more public places within the municipality; and
9. by written notification to the applicant and to owners of all properties adjoining the property subject to development, without regard to public rights-of-way. This written notice shall include a description of the proposed project, identify where and how the recipient may obtain additional information, and state that participation in the local proceeding, is a prerequisite to the right to take any subsequent appeal.
10. All meetings and hearings of the Planning Commission and the Development Review Board, except for deliberative sessions, shall be open to the public and conducted in accordance with adopted Rules of Procedure and Vermont’s Open Meeting Law.
11. All hearings of the Development Review Board described in (1) and (3), with the exception of appeals of decisions of the Zoning Administrator, shall be held within 45 days from the more recent of either occurrence:
12. the date the Zoning Administrator refers the application to the Development Review Board, or
13. the date the Clerk of the Development Review Board receives the names and addresses of abutting property owners.
14. In any public hearing, there shall be an opportunity for each person to attempt to demonstrate interested party status. The Secretary of each respective municipal panel shall keep a record of the name, address, and participation of these persons.

1. by publishing the date, place and purpose of the hearing in a local newspaper of general circulation; and
2. by posting the same information in three (3) or more public places within the municipality, including posting of a notice within view from the public right-of-way nearest to the property for which the application is being made; and
3. by written notification to the applicant and to owners of all properties adjoining the property subject to development, without regard to public rights-of-way. This written notice shall include a description of the proposed project, clearly identify how and where additional information may be obtained, and state that participation in the local proceeding is a prerequisite to the right to take any subsequent appeal.
4. In accordance with 24 V.S.A. §4464, the following development review processes will be conducted in a public hearing, with notice of hearing given not less than seven days prior to the date of the public hearing:
5. rights-of-way or easements for development of non-frontage lots, as described in §303 of this bylaw; and
6. site plan review, as described in §505 of this bylaw.
7. Warning of the abovementioned hearings in (3) shall be issued accordingly:
8. by posting the date, place and purpose of the hearing in three (3) or more public places within the municipality; and
9. by written notification to the applicant and to owners of all properties adjoining the property subject to development, without regard to public rights-of-way. This written notice shall include a description of the proposed project, identify where and how the recipient may obtain additional information, and state that participation in the local proceeding, is a prerequisite to the right to take any subsequent appeal.
10. All meetings and hearings of the Planning Commission and the Development Review Board, except for deliberative sessions, shall be open to the public and conducted in accordance with adopted Rules of Procedure and Vermont’s Open Meeting Law.
11. All hearings of the Development Review Board described in (1) and (3), with the exception of appeals of decisions of the Zoning Administrator, shall be held within 45 days from the more recent of either occurrence:
12. the date the Zoning Administrator refers the application to the Development Review Board, or
13. the date the Clerk of the Development Review Board receives the names and addresses of abutting property owners.
14. In any public hearing, there shall be an opportunity for each person to attempt to demonstrate interested party status. The Secretary of each respective municipal panel shall keep a record of the name, address, and participation of these persons.

3. The Development Review Board may recess a hearing on any application or appeal pending the submission of additional information, provided that the next hearing date and place is announced at the hearing.
4. Any action or decision of the Planning Commission and the Development Review Board shall be taken by the concurrence of a majority of the members.
5. In accordance with 24 V.S.A. §4464(b), the Development Review Board shall issue all decisions within 45 days after the adjournment of the hearing. Failure to issue a decision within the 45-day period shall be deemed approval and shall be effective the 46^th day.

40. All decisions shall be issued in writing and shall separately state findings of fact and conclusions of law. Findings of fact shall explicitly and concisely restate the underlying facts that support the decision, based exclusively on evidence of the record. Conclusions shall be based on the findings of fact. The decision shall also include a statement of the time within which appeals may be taken. The minutes of a meeting may suffice, provided that the factual basis and conclusions relating to the review standards are provided in accordance with these requirements.
41. In rendering a decision in favor of the applicant, the Development Review Board may attach additional reasonable conditions and safeguards as it deems necessary to implement these regulations and the town plan currently in effect.
42. All decisions shall be sent by certified mail, within the required 45-day period, to the applicant or the appellant on matters of appeal. Copies of the decision also shall be mailed to every person appearing and having been heard at the hearing, and filed with the Zoning Administrator and Clerk as part of the public record of the municipality.

1. In accordance with 24 V.S.A. §4471, an interested person who has offered oral or written testimony in a hearing of the Development Review Board may appeal a decision within 30 days of such decision, to the Vermont Environmental Court.
2. The notice of appeal shall be filed by certified mailing, with fees, to the Environmental Court and by mailing a copy to the Zoning Administrator of the Town of Brighton, who shall supply a list of interested persons (including the applicant if not the appellant), to the appellant within five (5) working days.
3. Upon receipt of the list of interested persons, the appellant shall, by certified mail, provide a copy of the notice of appeal to every interested person. If any one or more of those persons are not then parties to the appeal, upon motion they shall be granted leave by the court to intervene.

The definition of an interested person under 24 V.S.A. §4465(b) includes the following:

1. A person owning title to property, or a municipality or solid waste management district empowered to condemn it or an interest in it, affected by a bylaw, who alleges that the bylaw imposes on the property unreasonable or inappropriate restrictions of present or potential use under the particular circumstances of the case;

43. The Town of Brighton or any adjoining municipality;
44. A person owning or occupying property in the immediate neighborhood of a property which is the subject of a decision or act taken under these regulations, who can demonstrate a physical or environmental impact on the person’s interest under the criteria reviewed, and who alleges that the decision or act, if confirmed, will not be in accord with the policies, purposes or terms of the town plan or bylaw of Brighton;
45. Any ten (10) voters or property owners within the Town of Brighton who, by signed petition to the Development Review Board, allege that any relief requested by a person under this section, if granted, will not be in compliance with the policies, purposes or terms of the town plan or bylaw of Brighton; and
46. Any department or administrative subdivision of the state owning property or any interest therein within the municipality, and the Vermont Agency of Commerce and Community Development.

1. No use or occupancy of any land or structure may commence until the Zoning Administrator has issued a Certificate of Occupancy in accordance with 24 V.S.A. §4449(2).
2. When the Zoning Administrator issues a zoning permit, he or she shall also issue an application for a Certificate of Occupancy. Prior to the use or occupancy of the land or structure, the applicant shall submit a completed Certificate of Occupancy application to the Zoning Administrator.
3. At the time the application for a Certificate of Occupancy is submitted, the applicant shall also submit a copy of the septic permit from the State of Vermont, or a letter of determination stating that no such permit is required.
4. A Certificate of Occupancy shall not be issued until all necessary approvals and permits required by these regulations have been obtained for the project, and the Zoning Administrator determines that the project has been fully completed in conformance with all such approvals and permits.
5. Within 30 days of receipt of the application for a certificate of occupancy, the Zoning Administrator may inspect the premises to ensure that all work has been completed in conformance with the zoning permit and associated approvals, including all applicable permit conditions. If the Zoning Administrator fails to either grant or deny the Certificate of Occupancy within 30 days of the submission of an application, the certificate shall be deemed issued on the 31st day.

1. All violations shall be pursued in accordance with 24 V.S.A. §§4451 and 4452. The Zoning Administration shall act on behalf of the Town of Brighton to impose a fine of up to, but not more than, $100 for each violation. Each day that a violation continues shall constitute a separate offense. All fines imposed and collected shall be paid over to the Town of Brighton.
2. The Zoning Administrator shall not bring any action against an alleged violation unless the alleged offender has had at least seven (7) days’ notice by certified mail that such a violation exists. The notice of violation also shall be recorded in the land records of the Town of Brighton. The notice of violation shall state that:

1. a violation exists,
2. that the alleged offender has had an opportunity to cure the violation within the seven-day notice period, and
3. that the alleged offender will not be entitled to an additional warning notice.
1. Within 30 days of the issuance of a notice of violation, the Zoning Administrator shall deliver either the original or a legible copy to the Brighton Town Clerk for recording in the Town of Brighton land records.
2. The Zoning Administrator may bring action without notice and opportunity to cure if the alleged offender repeats the violation of the regulations after the seven-day notice period and within the next succeeding 12 months.
3. In accordance with 24 V.S.A. §4454(a), the Zoning Administrator may take action against an alleged violation within 15 years from the date the violation first occurred, and not thereafter. The burden of proving the date the alleged violation first occurred shall be on the alleged offender.
4. In accordance with 24 V.S.A. §4454(b) the Zoning Administrator shall not take action against an alleged violation unless the permit or notice of the permit has been recorded in the land records of the Town of Brighton.

1. a violation exists,
2. that the alleged offender has had an opportunity to cure the violation within the seven-day notice period, and
3. that the alleged offender will not be entitled to an additional warning notice.