(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)