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)