In accordance with the Vermont Planning and Development Act, hereinafter referred to as the "Act," 24 V.S.A. Chapter 117, §§ 4401 and 4402, there are hereby established Zoning Regulations for the Town of Hartford which are set forth in the text and map that constitute these regulations. These regulations shall be known and cited as the "Town of Hartford Zoning Regulations."

It is the intent of these Zoning Regulations to provide for orderly community growth and to further the purposes established in Section 4302 of the Act. Editor's Note: See 24 V.S.A. § 4302. No provision of these regulations may have the effect of excluding from the municipality housing to meet the needs of the population as determined in accordance with 24 V.S.A. § 4382(c) [24 V.S.A. § 4412(1)(A)].

A.

The Selectboard shall appoint an Administrative Officer from nominations submitted by the Planning Commission for a term of three years in accordance with the Act (24 V.S.A. § 4448). The Selectboard may remove an Administrative Officer for cause at any time after consultation with the Planning Commission.

B.

An Acting Administrative Officer may be appointed by the Selectboard, from nominations submitted by the Planning Commission, who shall have the same duties and responsibilities of the Administrative Officer in the Administrative Officer's absence. In the event an Acting Administrative Officer is appointed, the Selectboard shall establish clear policies regarding the authority of the Administrative Officer relative to the authority of the Acting Administrative Officer.

C.

The Administrative Officer shall literally administer and strictly enforce the provisions of these regulations, and in doing so shall inspect development, maintain records, and perform other related tasks as is necessary and appropriate.

A.

No land development, as defined in § 260-59, may be commenced without a permit therefor issued by the Administrative Officer. No zoning permit may be issued by the Administrative Officer except in conformance with these regulations and Flood Hazard Area Regulations, if applicable. Editor's Note: See Ch. 58, Flood Hazard Area Regulations.

B.

Applications for zoning permits shall be made to the Administrative Officer on forms provided for that purpose within six months from the date of Planning Commission approval of the project. Failure to apply for a permit within the six-month period will render the Planning Commission approval invalid.

C.

Prior to the issuance of any zoning permit, the Administrative Officer shall first be satisfied that the subject of the application is in conformance with these regulations and Flood Hazard Area Regulations, if applicable, and shall be satisfied that all applicable impact fees and/or other charges imposed by the Town have been paid or that arrangements have been made to pay them at such future time as may be allowed under the respective Town ordinance. Editor's Note: See Ch. 90, Impact Fees. The Administrative Officer may request from an applicant any information necessary for this purpose. No such permit shall be issued unless an application, fee, plot plan and any other approvals of the Planning Commission or the Board of Adjustment required by this regulation and § 58-4 of Chapter 58, Flood Hazard Area Regulations, if applicable, have been properly obtained and are submitted in connection with the application. The Administrative Officer shall, within 10 working days of the submission of application, approvals by the Planning Commission or Zoning Board of Adjustment, if applicable, and receipt of all supplementary information requested, either issue or deny a zoning permit. If denied, the Administrative Officer shall so notify the applicant in writing, stating the reasons therefor. If the zoning permit is approved, all activities authorized by its issuance shall be started within six months and completed within two years of its date of issue, or the zoning permit shall become null and void and reapplication to complete any activities shall be required. Any activities not completed within the above permit period shall be subject to any ordinance in effect at the time of reapplication. One six-month extension to both time periods may be granted by the Planning Commission. The start of activities, as referred to above, shall consist of excavation or nonreversible site preparation, such as the cutting of trees.

D.

In the issuance of zoning permits, the Administrative Officer shall comply with all the provisions of 24 V.S.A. § 4424, Shorelands; flood or hazard area; special or freestanding bylaws, and 24 V.S.A. § 4449, Zoning permit, certificate of occupancy, and municipal land use permit, if applicable, of the Act.

E.

The fee for a zoning permit shall be established by the Selectmen. Said fee shall accompany each application for a permit.

F.

No permit issued pursuant to this section shall take effect until the time for appeal as defined in 24 V.S.A. § 4465 has passed; or in the event that a notice of appeal is properly filed, no such permit shall take effect until adjudication of that appeal by the appropriate municipal panel is complete and the time for taking an appeal to the Environmental Court has passed without an appeal being taken. If an appeal is taken to the Environmental Court, the permit shall not take effect until adjudication by the Environmental Court.

G.

The zoning permit or a copy of the zoning permit as furnished by the Administrative Officer shall be posted by the applicant at the site for which the permit is issued so that it is conspicuous.

H.

An interested person may appeal any decision or act taken by the Administrative Officer by filing a notice of appeal with the Secretary of the Zoning Board of Adjustment through the Town's Municipal Office. This notice of appeal must be filed within 15 calendar days of the date of the decision or act, and a copy of the notice of appeal shall be filed with the Administrative Officer. A notice of appeal shall be in writing, submitted on the form provided by the Town, and shall include the name and address of the appellant, a brief description of the property with respect to which the appeal is taken, a reference to the regulatory provisions applicable to that appeal, the relief requested by the appellant, and the alleged grounds why the requested relief is believed proper under the circumstances.

A.

Following receipt of a zoning permit, it shall be unlawful to use or occupy or permit the use or occupancy of any land development, as defined in Article VI, until a certificate of occupancy is issued by the Administrative Officer stating that the proposed use of the structure or land conforms to the requirements of these regulations and Flood Hazard Area Regulations, Editor's Note: See Ch. 58, Flood Hazard Area Regulations. if applicable. This shall not apply to zoning permits issued expressly for the subdividing of land.

B.

Applications for a certificate of occupancy shall be made to the Administrative Officer.

C.

Prior to the issuance of any certificate of occupancy, the Administrative Officer shall first determine that the proposed use of the structure or land conforms to the requirements of these regulations and Flood Damage Prevention Bylaw, if applicable.

Any violation of these regulations shall be subject to fines and enforcement as provided in §§ 4451 and 4452 of the Act.

Any requirement of public notice pursuant to these regulations shall be given by the publication of the date, place and purpose of such hearing in a newspaper of general circulation in the Town of Hartford and the posting of such notice in one or more public places within the municipality not less than 15 days prior to the date of the public hearing. In every case in which public notice is required, such public notice shall include a brief summary of the purpose of the hearing.

These regulations may be amended according to the requirements and procedures established in §§ 4441 and 4442 of the Act.

In their interpretation and application, the provisions of these regulations shall be held to be minimum requirements adopted for the promotion of the public health, safety, comfort, convenience, and general welfare. Except for § 4413 of the Act and where, in these regulations, specifically provided to the contrary, it is not intended by these regulations to repeal, annul or in any way impair any regulations or permits previously adopted or issued; provided, however, that where these regulations impose a greater restriction upon use of a structure or land than is required by any other statute, ordinance, rule, regulation, permit, easement or agreement, the provisions of these regulations shall control.

These amendments shall take effect in accordance with the voting and other procedures contained in § 4442 of the Act. On the day they are effective, they shall amend in its entirety the ordinance entitled "Town of Hartford, Vermont, Zoning Regulations," adopted March 1, 1962, and last amended April 18, 2006.

The invalidity of any article or section of these regulations shall not invalidate any other article or section thereof.