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)