Springfield City Zoning Code

(a)

In accordance with 24 V.S.A. § 4449, the application for and receipt of a zoning permit issued by the administrative officer shall precede any initiation of development as defined herein, except for development which is specifically exempted from this chapter under section 30-916.

(b)

Additionally, according to town ordinance and policy, any development may require a town permit for a driveway (from highway superintendent), or connection to town water or sewer (from director of public works). State permits are required for all new on-site septic systems beginning July 1, 2007. Renovations or alterations of any commercial, retail, or rental unit may also require a construction permit by the state to be obtained from the division of fire safety. Compliance with any property specific restrictions or covenants is the responsibility of the applicant or property owner. For other business licenses, contact the town clerk.

(c)

Other state permits: The applicant is encouraged to utilize the permit navigator located on the Agency of Natural Resources website for recommendations of other State permits that may be required. (https://vermont.force.com/permitnavigator/s/)

(Ord. No. O-2019-2, § 6.0(A), 9-23-2019; Ord. No. 2022-2, 10-24-2022)

Except as provided in article IX of this chapter, no zoning permit shall be required for the following activities:

(1)

Required agricultural practices (RAPs) 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 distance from road rights-of-way, property lines, and surface waters, shall be submitted to the administrative officer prior to any construction, as required for required agricultural practices. Such structures shall meet all setbacks established by the secretary of agriculture, food and markets.

(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 utility commission in accordance with 24 V.S.A. § 4413(b). Such facilities, however, shall conform to policies and objective specified for such development in the town plan.

(4)

Solar panels on flat roofs (24 V.S.A. § 4413 (g)(1)).

(5)

De minimis impacts to telecommunications facilities as described in 24 V.S.A. § 4413(h).

(6)

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 as firing ranges or rod and gun clubs, which for the purpose of this chapter, are defined as outdoor recreation facilities or private club houses.

(7)

Normal maintenance and repair of an existing structure which does not result in exterior alterations or expansion or a change of use, except as required in the downtown design control overlay district.

(8)

Interior alterations or repairs to a structure which do not result in exterior alterations or expansion or a change in use.

(9)

Exterior alterations to structures which are not located within the downtown design control overlay district and which do not result in any change to the footprint or height of the structure or a change in use. Exterior alterations to structures within the downtown design control overlay district are subject to review by the downtown design review advisory commission.

(10)

Residential entry stairs (excluding decks and porches), handicap access ramps, walkways and fences or walls less than six feet in height which meet setbacks, and do not extend into or obstruct public rights-of-way or interfere with corner visibilities or sight distances for vehicular traffic.

(11)

Minor grading and excavation associated with road and driveway maintenance (e.g., including culvert replacement and resurfacing), and lawn and yard maintenance (e.g., for gardening or landscaping), or which is otherwise incidental to an approved use. (However, a permit for work within the state or town right-of-way may be required.) This specifically does not include extraction and quarrying activities for which a permit is specifically required.

(12)

Outdoor recreational trails (e.g., walking, hiking, cross country skiing and snow mobile trails) which do not require grading, construction, or the installation of structures or parking areas.

(13)

Small accessory buildings associated with residential uses which are less than 120 square feet of floor area and less than eight feet in height, and are not located within required setback areas.

(14)

Garage sales, yard sales, or similar activities that do not exceed three consecutive days, nor more than 12 total days in any calendar year.

(15)

Public art on public property is exempt from development review approval. All public art will be subject to review and approval of the selectboard.

(Ord. No. O-2019-2, § 6.0(B), 9-23-2019; Ord. No. 2022-2, 10-24-2022)

An application for a zoning permit shall be filed with the administrative officer on forms provided by the town. Required application fees, as set by the legislative body, also shall be submitted with each application. In addition, the following information will be required:

(1)

Permitted uses. Applications for a permitted use shall include, but not be limited to, a sketch plan, on paper no smaller than 8.5 inches by 11 inches, drawn to scale, that depicts the following:

a.

The dimensions of the lot, including existing property boundaries;

b.

The location, footprint and height of existing and proposed structures or additions;

c.

The location of existing and proposed access (curb cuts), driveways and parking areas;

d.

The location of existing and proposed easements and rights-of-way;

e.

Existing and required setbacks from property boundaries, road rights-of-way, surface waters and wetlands;

f.

The location of existing and proposed water and wastewater systems; and

g.

Other such information as required by the administrative officer to determine conformance with this chapter.

(2)

Other uses. In addition to the above permit application requirements, the application for development requiring approval under conditional use, site plan, downtown design review, flood hazard area, and/or planned unit or planned residential development review shall include a site development plan prepared in accordance with table 30-721.

(Ord. No. O-2019-2, § 6.0(C), 9-23-2019; Ord. No. 2022-2, 10-24-2022)

No zoning permit shall be issued by the administrative officer until a complete application, including all forms, materials, and fees, has been received, and all applicable approvals have been obtained in accordance with the following provisions:

(1)

No zoning permit shall be issued by the administrative officer for any use or structure which requires approval of the development review board, selectboard, public works, state and/or health officer until such approvals and/or permits have been obtained and presented to the administrative officer.

(2)

For uses within the flood hazard area overlay district requiring state agency referral, no zoning permit shall be issued until the expiration of 30 days following the submission of a report to the state department of environmental conservation in accordance with 24 V.S.A. § 4424(2)(D).

(3)

If public notice is issued with respect to a public hearing by the legislative body for the purpose of adopting or amending this chapter, applications shall be reviewed under the proposed amendment for a period of 150 days following that notice. If the amendment has not been adopted by the conclusion of the 150-day period or if the proposed amendment is rejected, the application shall be reviewed under the existing ordinance at no additional charge in accordance with 24 V.S.A. § 4449(d).

(4)

Within 30 days of receipt of a completed application, including all application materials, fees and approvals, the administrative officer shall act to either issue or deny a permit in writing, or to refer the complete application to the development review board, pursuant to 24 V.S.A. §§ 4448 and 4449. If the administrative officer fails to act within the 30-day period, a permit shall be deemed issued on the 31st day. Decisions shall be sent by registered mail to the applicant explaining any conditions of approval or reasons for denial, and include a statement of the time in which an appeal may be made under division 4 of this article.

(5)

Each permit issued shall require the applicant to post a notice of permit, on a form prescribed by the town, within view from the public right-of-way nearest to the subject property until the time for appeal has passed.

(6)

Within three days of issuance, the administrative officer shall deliver a copy of the permit to the listers, and post, for a period of 15 days from issuance, a copy at the town office.

(Ord. No. O-2019-2, § 6.0(D), 9-23-2019; Ord. No. 2022-2, 10-24-2022)

In accordance with 24 V.S.A. § 4464(c), the administrative officer may review and approve new development and amendments to previously approved development.

(1)

The administrative officer may approve amendments to previously approved development providing it shall not have the effect of substantively altering any impact under any of the standards set forth in the ordinance or have the effect of substantively altering any of the findings of fact or conditions of the most recent approval. In the downtown design control overlay district such approval may only be granted after review by the downtown design review advisory commission.

(2)

The administrative officer may approve a one-year extension of the permit expiration date after written request and explanation of the reason for the extension by the applicant and signed by the property owner.

(3)

Exterior lighting installations involving the installation or replacement of six or fewer lighting fixtures may be approved by the administrative officer except in the DDROC. All others shall be approved by the development review board.

(4)

The administrative officer may approve boundary adjustments.

(Ord. No. O-2019-2, § 6.0(E), 9-23-2019; Ord. No. 2022-2, 10-24-2022)

No zoning permit shall take effect until the time for appeal under division 4 of this article has passed or, in the event that a notice of appeal has been properly filed, until final adjudication of the appeal. A zoning permit shall remain in effect for a period of one year from the date of issuance, but, provided the regulations have not been amended in a way that would affect the use or structure of the subject of the permit, the permittee may request an extension of the permit up to a year, which the administrative officer may allow. The extension must be in writing signed by the administrative officer. If the work described therein is not commenced and diligently prosecuted within this one-year period, the zoning permit shall become void. All associated approvals (conditional use, site plan, etc.) shall expire with the zoning permit.

(Ord. No. O-2019-2, § 6.0(F), 9-23-2019; Ord. No. 2022-2, 10-24-2022)

In accordance with 24 V.S.A. § 4449(2), a certificate of occupancy issued by the administrative officer shall be required prior to the use or occupancy of any land or structure, or part thereof, for which a zoning permit has been issued.

(1)

All new structures (except accessory structures), substantial improvements, commercial change of use or permits, upon determination by the development review board, shall require a certificate of occupancy before such use may begin or before a building can be occupied. A certificate of occupancy shall show that the premises comply with all applicable provisions of this chapter and the permit as granted.

(2)

The administrative officer will include an application for a certificate of occupancy with the zoning permit.

(3)

A certificate of occupancy shall not be issued until all necessary approvals and permits required by this chapter have been obtained for the project, and the administrative officer determines that the project has been substantially completed in conformance with all local approvals and permits.

(4)

Within 14 days of receipt of the application for a certificate of occupancy, the administrative officer may inspect the premises to ensure that all work has been substantially completed in conformance with the zoning permit and associated approvals, including all applicable permit conditions.

(5)

If the administrative officer does not act on a complete application for a certificate of compliance within 30 days, the applicant may file an appeal directly with the development review board to recognize that the administrative officer's failure to act within the 30-day period resulted in a "deemed approval" of the application.

(6)

If denying an application, the administrative officer shall:

a.

State the reasons for the denial;

b.

Inform the applicant that such applicant may appeal the denial to the development review board within 15 days of the date of the decision; and

c.

Include a copy of division 4 of this article, which explains the appeal process.

(7)

If the administrative officer denies the application for a certificate of compliance, the applicant may re-apply after remedying any conditions identified as the reason for the denial and prior to the expiration of the zoning permit.

(8)

Neither the town nor the administrative officer is responsible for any certificate of occupancy issued in good faith after a reasonable inspection.

(9)

Owners-builders may apply for a temporary certificate of occupancy, to be reviewed annually, which will allow occupancy in the structure until completion of construction. In certain circumstances to be determined by the administrative officer, a conditional certificate of occupancy may be issued. The owner of property must still obtain a final certificate of occupancy once the project is deemed complete.

(10)

If a zoning permit requires a new septic system or a change in the existing septic system, a state installation certificate and copy of final septic plan shall be filed with the town clerk's office before a certificate of occupancy can be issued.

(11)

If applicable, a residential building energy standards certificate per 30 V.S.A. § 51 shall be filed with the town clerk's office before a certificate of occupancy can be issued.

(12)

If applicable, a commercial building energy standards certificate per 30 V.S.A. § 53 shall be filed with the town clerk's office before a certificate of occupancy can be issued.

(Ord. No. O-2019-2, § 6.0(G), 9-23-2019; Ord. No. 2022-2, 10-24-2022)

(a)

In accordance with 24 V.S.A. §§ 4465 and 4466, any interested person may appeal a decision or act of the administrative officer by filing a notice of appeal with the secretary of the development review board, or the town clerk if no secretary has been elected, within 15 days of the date of such decision or act. A copy of the notice of appeal shall also be filed with the administrative officer.

(b)

Interested person. In accordance with 24 V.S.A. § 4465, the definition of an interested person includes the following:

(1)

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

(2)

The town or an adjoining municipality.

(3)

A person owning or occupying property in the immediate neighborhood of a property that is the subject of a decision or act taken under this chapter, 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 plan or ordinance of the town.

(4)

Any ten persons who may be any combination of voters or real property owners within the town or an adjoining municipality 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 accord with the policies, purposes, or terms of the plan or ordinance of the town. The petition shall designate one person to serve as the representative of the petitioners regarding all matters related to the appeal.

(5)

Any department or administrative subdivision of the state owning property or any interest therein within the town or adjoining municipality, and the state agency of commerce and community development.

a.

The notice of appeal 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 the appeal, the relief requested by the appellant, and the alleged grounds why the relief is believed proper under the circumstances.

b.

Pursuant to 24 V.S.A. § 4468, the development review board shall hold a public hearing on a notice of appeal within 60 days of its filing. The development review board shall give public notice of the hearing under section 30-1092 and mail a copy of the hearing notice to the appellant at least 15 days prior to the hearing date. Any hearing held under this section may be adjourned from time to time, provided that the date and place of the adjourned hearing shall be announced at the hearing.

c.

Any interested person empowered to take an appeal with respect to the property at issue may appear and be heard in person or represented by an agent or attorney at the hearing.

d.

The rules of evidence applicable at these hearings shall be the same as the rules of evidence applicable in contested cases in hearings before administrative agencies as set forth in 3 V.S.A. § 810.

e.

In accordance with 24 V.S.A. § 4470, the development review board may reject an appeal without hearing, and render a decision within ten days of the filing of a notice of appeal, if the development review 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, by or on behalf of the appellant.

f.

A decision on appeal, to include written findings of fact, shall be rendered within 45 days of the date of final hearing adjournment in accordance with division 7 of this article and 24 V.S.A. § 4464. Failure to issue a decision within the 45-day period shall be deemed approval, effective on the 46th day. Copies of the decision shall be mailed to the appellant and hearing participants, and filed with the administrative officer and town clerk in accordance with the Act.

(Ord. No. O-2019-2, § 6.1(A), 9-23-2019; Ord. No. 2022-2, 10-24-2022)

Any interested person who has participated in a hearing of the development review board may appeal a decision rendered in that proceeding within 30 days of such decision to the state environmental court, in accordance with 24 V.S.A. §§ 4471 and 4472.

(1)

"Participation" shall consist of offering, through oral or written testimony, evidence or a statement of concern related to the subject of the proceeding.

(2)

A notice of appeal shall be filed by certified mailing, with fees, to the environmental court and by mailing a copy to the town clerk or the administrative officer, if so designated, who shall supply a list of interested persons to the appellant within five working days. 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 listed.

(Ord. No. O-2019-2, § 6.1(B), 9-23-2019; Ord. No. 2022-2, 10-24-2022)

(a)

The commencement or continuation of any development or use that is not in conformance with the provisions of this chapter shall constitute a violation. A violation of this chapter shall be a civil matter enforced in accordance with the provisions 24 V.S.A. §§ 1974a et seq., and 1977 et seq., as amended, and as described in subsections (b) of this section.

(b)

A civil penalty of not more than $800.00 may be imposed for a violation of a civil ordinance in accordance with 24 V.S.A. § 1974a. Each day the violation continues shall constitute a separate violation.

(c)

If the enforcement strategy in subsection (b) of this section is not sufficient to deter violations, enforcement proceedings may also be initiated pursuant to 24 V.S.A. § 4451 et seq., as they exist or are hereafter amended or revised. Regarding enforcement actions under 24 V.S.A. § 4451 et seq., no action may be brought unless the alleged offender has had at least seven days' notice by certified mail that a violation exists. The warning notice shall state that a violation exists; that the alleged offender has an opportunity to remedy the violation within the seven days; and that the alleged offender will not be entitled to an additional warning notice for a violation occurring after the seven days. The issuance of a notice of violation may be appealed in accordance with division 4 of this article. Action may be brought without notice and opportunity to remedy if the alleged offender repeats the violation of the ordinance after the seven-day notice period and within the next succeeding 12 months.

(d)

All fines imposed and collected for violations shall be paid to the Vermont Judicial Bureau.

(e)

Issuing officials authorized to enforce these zoning regulations include the town manager, administrative officer, code enforcement officer and/or constable.

(Ord. No. O-2019-2, § 6.3(A), 9-23-2019; Ord. No. 2022-2, 10-24-2022)

The town shall observe the 15-year limitations on enforcement proceedings relating to municipal land use permits as set forth in 24 V.S.A. § 4454.

(Ord. No. O-2019-2, § 6.3(B), 9-23-2019; Ord. No. 2022-2, 10-24-2022)

The development review board is empowered to authorize a variance from the provisions of this chapter on appeal under division 4 of this article, for specific cases where, owing to special conditions of a property, literal enforcement of this chapter will result in an unnecessary hardship. In accordance with 24 V.S.A. § 4469, however, the development review board may approve a variance only if all of the following facts are found, and the findings are specified in its written decision:

(1)

That 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 such conditions and not the circumstances or conditions generally created by the provisions of the land use development regulations in the neighborhood or district in which the property is located;

(2)

That, because of such physical circumstances and conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning regulations and that the authorization of a variance is therefore necessary to enable the reasonable use of the property;

(3)

That the unnecessary hardship has not been created by the appellant;

(4)

That 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, nor be detrimental to the public welfare; and

(5)

That the variance, if authorized, will represent the minimum that will afford relief and will represent the least deviation possible from the land use development regulations and from the plan.

(Ord. No. O-2019-2, § 6.2(A), 9-23-2019; Ord. No. 2022-2, 10-24-2022)

On an appeal for a variance from the provisions of this chapter that is requested for a structure that is primarily a renewable energy resource structure, the development review board may grant such variance only if it finds that all of the facts listed in 24 V.S.A. § 4469(b) are found in the affirmative and specified in its decision.

(Ord. No. O-2019-2, § 6.2(B), 9-23-2019; Ord. No. 2022-2, 10-24-2022)

Variances within the flood hazard area overlay district shall be granted by the development review board only in accordance with 24 V.S.A. § 4469(d) and the criteria for granting variances found in 44 CFR 60.6 of the National Flood Insurance Program regulations, and article IX, division 2, subdivision III, of this chapter.

(Ord. No. O-2019-2, § 6.2(C), 9-23-2019; Ord. No. 2022-2, 10-24-2022)

In granting a variance, the development review board may impose conditions it deems necessary and appropriate under the circumstances to implement the purposes of this chapter and the municipal plan currently in effect. In no case shall the development review board grant a variance for a use which is not permitted or conditionally permitted within the zoning district, or which results in an increase in allowable density.

(Ord. No. O-2019-2, § 6.2(D), 9-23-2019; Ord. No. 2022-2, 10-24-2022)

As allowed under 24 V.S.A. 4414(8), a waiver of dimensional standards (front, rear and side yard requirements) may be applied for within any zoning district. All waiver applications are subject to approval by the development review board, and shall meet the requirements and review procedures under section 30-723 for conditional uses as well as the following waiver provisions.

(1)

Applicability. Waivers of dimensional setbacks are limited to reductions to any required front, side or rear setback for legally existing primary structures to accommodate:

a.

ADA accessibility improvements;

b.

Life safety improvements;

c.

Unheated, open-sided additions (e.g., decks, stairways, entryways, etc.);

d.

Building systems (e.g., air conditioning, generators); or

e.

Renewable energy structures that could not be reasonably developed without a waiver.

f.

Dimensional standard required per the highway corridor overlay district.

(2)

Review criteria. The development review board may approve a waiver request upon finding that:

a.

Granting a waiver will not result in an unsafe condition of the lot or to the public.

b.

The proposal incorporates design techniques (restricted height, lack of windows), screening (fencing or plantings) or other remedies to reasonably limit impact or the potential for impact upon the neighbors or public rights-of-way.

c.

The waiver requested will not impair sight distances on, nor impede the maintenance of, public or private roads or sidewalks.

d.

The proposed work or construction does not encroach into the required front, side or rear yard setbacks any more than necessary to accomplish the desired results.

e.

The proposed development is compatible in scale and design of structures and the overall existing development pattern of the surrounding area.

f.

The waiver resolves a practical difficulty in developing the property and allows reasonable use of the property.

g.

In the case of historic properties, the waiver is essential to the preservation and renovation of the historic building or the preservation of the historic pattern of land use of the surrounding area.

(3)

Decisions and conditions. The development review board shall make its decision on the request for waiver by applying the facts presented both in the application and at the public hearing to the criteria listed herein. In approving a waiver request, the development review board shall determine and may impose conditions to ensure that the waiver is the minimum required to afford relief and represents the least deviation possible from the dimensional requirements. These conditions may include, but need not be limited to, the following:

a.

Limiting the size of the structure;

b.

Requiring the mitigation of impacts to adjoining properties and/or uses, to public rights-of-way through building design (e.g., limiting window placement), layout, landscaping or screening;

c.

Reducing the encroachment into the required front, side or rear yard setbacks;

d.

Reducing the waiver requested to ensure that the waiver represents the minimum waiver that will afford relief and will represent the least deviation possible from the land use development ordinance; and

e.

Controlling the location and number of vehicular access points.

f.

Requiring the application to have professional site plans prepared by a surveyor, engineer, architect or landscape architect licensed by the State of Vermont.

(4)

Limitations of waiver approval. Any waiver granted under this section shall be limited to the specific property to which it has been granted. A waiver on one property shall not be construed as a general guideline or standard for any other property.

(Ord. No. 2022-2, 10-24-2022)

The appointments in this subdivision shall be made in association with the administration and enforcement of this chapter as provided for in the Act.

(Ord. No. O-2019-2, § 6.4(A), 9-23-2019; Ord. No. 2022-2, 10-24-2022)

(a)

The selectboard shall appoint an administrative officer from nominations submitted by the planning commission for a term of three years in accordance with 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 legislative body, 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 legislative body shall establish clear policies regarding the authority of the administrative officer relative to the authority of the acting administrative officer. (24 V.S.A. § 4448(b).)

(c)

The administrative officer shall administer and strictly enforce the provisions of this chapter, and in doing so shall inspect development, maintain records, and perform other related tasks as is necessary and appropriate.

(Ord. No. O-2019-2, § 6.4(A)(1), 9-23-2019; Ord. No. 2022-2, 10-24-2022)

The development review board shall consist of not less than five nor more than nine members. Members of the development review board, which may consist of one or more members of the planning commission, shall be appointed by the selectboard in accordance with 24 V.S.A. § 4460. One or more alternates also may be appointed by the selectboard to serve for members in the event of an absence or conflict of interest. The development review board shall adopt rules of procedure and rules of ethics with regard to conflicts of interest to guide its official conduct in accordance with the requirements of 24 V.S.A. §§ 4461 and 4464 and Vermont's Open Meeting Law (1 V.S.A. §§ 310 through 314); and shall have powers and duties as set forth in the Act to administer the provisions of this chapter, including, but not limited to, the power to hear and decide:

(1)

Appeals from any decision or act of the administrative officer under division 4 of this article;

(2)

Rights-of-way or easements for development lacking frontage;

(3)

Variance requests under division 5 of this article;

(4)

Site plan approval under section 30-722;

(5)

Conditional use approval under section 30-723;

(6)

Design review approval under section 30-724;

(7)

Planned unit development under article VIII of this chapter;

(8)

Flood hazard review under article IX of this chapter; and

(9)

Subdivision review under section 30-725.

(Ord. No. O-2019-2, § 6.4(A)(2), 9-23-2019; Ord. No. 2022-2, 10-24-2022)

For purposes of this chapter, the downtown design review advisory commission, established and appointed by the selectboard in accordance with 24 V.S.A. §§ 4433 and 4464(d), shall have the authority under this chapter to hold meetings, subject to Vermont's Open Meeting Law (1 V.S.A. §§ 310 through 314) and to:

(1)

Review applications and prepare recommendations on each of the review standards under section 30-724 that are within the downtown design review advisory commission's purview for consideration by the development review board at a public hearing on the application;

(2)

Meet with the applicant, interested parties, or both, conduct site visits, and perform other fact finding that will enable the preparation of the downtown design review advisory commission's recommendations; and

(3)

Inform applicants of any areas of concern prior to the development review board public hearing, and suggest remedies to correct identified deficiencies in the application.

(4)

Keep a written record of discussions and recommendations which shall be maintained as a public record of the municipality.

(Ord. No. O-2019-2, § 6.4(A)(3), 9-23-2019; Ord. No. 2022-2, 10-24-2022)

(a)

The planning commission shall consist of not less than three nor more than nine members appointed by the legislative body in accordance with 24 V.S.A. §§ 4321 through 4323. At least a majority of members shall be residents of the town. Any member of the commission may be removed at any time by a unanimous vote of the legislative body.

(b)

The 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 and shall have powers and duties as set forth in 24 V.S.A. §§ 4325 and 4441, including but not limited to the powers to:

(1)

Prepare and review proposed amendments to this chapter;

(2)

Prepare reports documenting the conformance of proposed ordinance amendments to the town plan in effect;

(3)

Prepare, present and/or submit a written report to the selectboard for a capital budget and program (24 V.S.A. § 4325, § 4443);

(4)

Hold warned public hearings on proposed amendments to this chapter;

(5)

Participate as a statutory party under Act 250 Review Procedures; and

(6)

Prepare or update the town plan every eight years.

(Ord. No. O-2019-2, § 6.4(A)(4), 9-23-2019; Ord. No. 2022-2, 10-24-2022)

In accordance with 24 V.S.A. § 4440, the selectboard shall establish a schedule of fees to be charged in administering this chapter, with the intent of covering the town's administrative costs. The selectboard may also establish procedures and standards for requiring an applicant to pay for the reasonable costs of an independent technical review of an application.

(Ord. No. O-2019-2, § 6.4(B), 9-23-2019; Ord. No. 2022-2, 10-24-2022)

(a)

Pursuant to 24 V.S.A. § 4464, a warned public hearing shall be required for conditional use review (section 30-723), planned unit development applications (article VIII of this chapter), flood hazard review (article IX of this chapter), subdivision review (section 30-725) and appeals and variances (divisions 4 and 5 of this article). Any public notice for a warned public hearing shall be given not less than 15 days prior to the date of the public hearing by all of the following:

(1)

Publication of the date, place and purpose of the hearing in a newspaper of general circulation in the town;

(2)

Posting of the same information in three or more public places within the town and at http://www.springfieldvt.govoffice2.com, which is the municipal website, in conformance with the requirements of 1 V.S.A. § 312(c)(2), including the posting of a hearing notice within view from the public right-of-way nearest to the property for which the application is being made;

(3)

Written notification to the applicant and to owners of all properties adjoining the property subject to development, without regard to public rights-of-way, which includes a description of the proposed project, information that clearly informs the recipient where additional information may be obtained, and that participation in the local proceeding is a prerequisite to the right to take any subsequent appeal; and

(4)

For hearings on planned unit development subdivision plats located within 500 feet of a municipal boundary, written notification to the clerk of the adjoining municipality. (See the town subdivision regulations.)

(b)

Public notice of all other types of quasi-judicial development review proceedings, including downtown design control district review, site plan review hearings (section 30-722), shall be given not less than seven days prior to the date of the public hearing, and shall, at minimum, include the following:

(1)

Posting of the date, place and purpose of the hearing in three or more public places within the town in conformance with the requirements of 1 V.S.A. § 312(c)(2); and

(2)

Written notification to the applicant and to owners of all properties adjoining the property subject to development, without regard to public rights-of-way, which includes a description of the proposed project, information that clearly informs the recipient where additional information may be obtained, and that participation in the local proceeding is a prerequisite to the right to take any subsequent appeal.

(c)

No defect in the form or substance of any required public notice under this section shall invalidate the action of the development review board where reasonable efforts have been made to provide adequate posting and notice. However, the action shall be invalid when the defective posting or notice was materially misleading in content. If an action is ruled to be invalid by the development review board or the environmental court, the action shall be remanded to the development review board to provide new posting and notice, hold a new hearing, and take a new action.

(d)

Public hearings concerning proposed amendments to this chapter shall be noticed and warned in accordance with 24 V.S.A. §§ 4441 and 4444.

(Ord. No. O-2019-2, § 6.4(C), 9-23-2019; Ord. No. 2022-2, 10-24-2022)

(a)

Development review board. In accordance with 24 V.S.A. §§ 4461 and 4464, all meetings and hearings of the development review board, except for deliberative and executive sessions, shall be open to the public. In addition:

(1)

For the conduct of any meeting and the taking of any action, a quorum shall be not less than a majority of the members of the development review board, and any action shall be taken by a concurrence of the majority of the development review board.

(2)

The development review board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating this, and shall keep records of its examinations and other official actions which shall be filed immediately in the town office as public records.

(3)

Public hearings shall be noticed and warned in accordance with section 30-1092. In any regulatory hearing of the development review board there shall be an opportunity for each person wishing to achieve status as an interested person, for purposes of participation or appeal under division 4 of this article to demonstrate that the criteria for achieving such status are met. The development review board shall keep a written record of the name, address, and participation of each of these persons.

(4)

The officers of the development review board may administer oaths and compel the attendance of witnesses and the production of material germane to any issue under review.

(5)

The development review board may recess a public hearing on any application or appeal pending submission of additional information, but should close evidence promptly after all parties have submitted requested information.

(b)

Downtown design review advisory commission. In accordance with 24 V.S.A. § 4464(d), meetings of the downtown design review advisory commission to review an application under this chapter shall comply with Vermont's Open Meeting Law and requirements of the commission's rules of procedure, but shall not be conducted as public hearings before a quasi-judicial body. Commission recommendations may be presented in writing at or before the development review board public hearing on the application, or may be presented orally at the public hearing.

(Ord. No. O-2019-2, § 6.4(D), 9-23-2019; Ord. No. 2022-2, 10-24-2022)

In accordance with 24 V.S.A. § 4464(b), the development review board may recess proceedings on any application pending the submission of additional information. The development review board will close evidence promptly after all parties have submitted requested information, and shall issue a decision 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 46th day.

(1)

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 under division 4 of this article.

(2)

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 the purposes of the Act, this chapter, and the town plan currently in effect. This may include, as a condition of approval, the submission of a three-year performance bond, escrow account, or other form or surety acceptable to the selectboard, which may be extended for an additional three-year period with the consent of the owner, to ensure the completion of a project, adequate stabilization, or protection of public facilities that may be affected by a project.

(3)

All decisions shall be sent by certified mail, within the required 45-day period, to the applicant and the applicant's designated agents or to the appellant on matters of appeal. Copies of the decision shall be mailed by regular mail to the applicant's agent and to any person who attended the hearing and specifically requests a copy be sent to them. Copies of the notice of decision will also be kept on file with the administrative officer and town clerk as part of the public record of the town.

(4)

In accordance with 24 V.S.A. § 4464(c), any decision issued by the development review board may authorize that subsequent changes or amendments to an approved project may be allowed subject to administrative review by the administrative officer, rather than development review board review, in accordance with the following, which shall be specified in the development review board's decision:

a.

The decision shall clearly specify the thresholds and conditions under which administrative review and approval shall be allowed.

b.

The thresholds and conditions shall be structured such that no new development shall be approved that results in substantial impact under the requirements of this chapter, or any of the thresholds or conditions set forth in the decision.

c.

No amendment issued as an administrative review shall have the effect of substantially altering the findings of fact of any development review board approval in effect.

d.

Any decision of the administrative officer authorized in this manner may be appealed to the development review board in accordance with section 30-962

(Ord. No. O-2019-2, § 6.4(E), 9-23-2019; Ord. No. 2022-2, 10-24-2022)

The administrative officer shall maintain a complete record of all applications, reviews, decisions, appeals, and variances made under this chapter, and any administrative actions taken pursuant thereto.

(1)

In accordance with 24 V.S.A. § 4449(c), within 30 days after a municipal land use permit, including, but not limited to, a zoning permit and associated approvals, has been issued, or within 30 days of the issuance of a notice of violation, the administrative officer shall deliver the original or a legible copy of the municipal land use permit or notice of violation, or a notice of the municipal land use permit generally in the form set forth in 24 V.S.A. § 1154(c), to the town clerk for recording as provided in 24 V.S.A. § 1154(a). The applicant may be charged the cost of recording fees.

(2)

In addition to permit recording requirements under subsection (1) of this section, for all development approved within the flood hazard area overlay district, the administrative officer shall maintain a record of:

a.

All zoning permits issued within the district;

b.

The elevation (consistent with the datum of the elevation on the NFIP maps for the community) of the lowest floor, including basement, of all new or substantially improved buildings;

c.

The elevation (consistent with the datum of the elevation on the NFIP maps for the community) to which buildings have been floodproofed;

d.

All floodproofing certifications required under this regulation; and

e.

All variance actions, including justification for their issuance.

(Ord. No. O-2019-2, § 6.4(F), 9-23-2019; Ord. No. 2022-2, 10-24-2022)

In accordance with 24 V.S.A. § 4445, copies of this chapter, other related municipal regulations and ordinances, and the town plan shall be made available to the public during normal business hours in the town clerk's office.

(Ord. No. O-2019-2, § 6.4(G), 9-23-2019; Ord. No. 2022-2, 10-24-2022)

Construction authorized by an approved zoning permit shall commence within six months of the date of issuance and shall be completed within two years of its date. Upon request, the development review board may extend the term of a permit for one-year intervals, if the development review board finds that there is a reasonable basis for the extension.

(Ord. No. O-2019-2, § 6.4(H), 9-23-2019; Ord. No. 2022-2, 10-24-2022)

After foundation forms have been set and at least 24 hours prior to pouring foundations, the applicant shall notify the administrative officer of the time when the foundations are to be poured. Prior to the pouring, the administrative officer may inspect the project to ascertain that all setbacks are met and that the structure is located as shown on approved plans.

(Ord. No. O-2019-2, § 6.4(I), 9-23-2019; Ord. No. 2022-2, 10-24-2022)