Vermont H 42: An act relating to placing a moratorium on school district mergers ordered by the State Board of Education

Bill Text

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VT LEG #379302 v.1
H.42 1
Introduced by Representatives Stevens of Waterbury, Bos-Lun of 2
Westminster, Cole of Hartford, LaMont of Morristown, 3
McCann of Montpelier, Pouech of Hinesburg, and Priestley of 4
Bradford 5
Referred to Committee on 6
Date: 7
Subject: Housing; municipal and county government; municipal zoning; 8
zoning appeals 9
Statement of purpose of bill as introduced: This bill proposes to establish the 10
Housing Board of Appeals to hear appeals of zoning decisions related to the 11
construction of housing. 12
An act relating to the creation of the Housing Board of Appeals 13
It is hereby enacted by the General Assembly of the State of Vermont: 14
Sec. 1. 24 V.S.A. chapter 116 is added to read: 15
CHAPTER 116. HOUSING BOARD OF APPEALS 16
§ 4201. BOARD ESTABLISHED 17
(a) Board established. There is established the Housing Board of Appeals 18
to hear appeals of municipal zoning decisions on housing projects. The Board 19
shall be composed of three members who shall be experienced in land use law 20

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VT LEG #379302 v.1
or housing development, or both. At least one member shall be an attorney 1
licensed to practice law in the State of Vermont, and at least one member shall 2
be either a professional engineer or land surveyor. The members of the Board 3
shall be full-time employees and shall not engage in any other employment, 4
appointments, or duties during their terms that are in conflict with their duties 5
as members of the Board. 6
(b) Terms; chair. The members of the Board shall be appointed by the 7
Supreme Court for a term of five years and until their successors are appointed 8
and qualified; provided, however, that any vacancy on the Board shall be filled 9
for the unexpired term. The initial members of the Board shall serve staggered 10
terms of three, four, and five years. The Supreme Court shall designate one 11
member as chair to serve in that capacity for the duration of the member’s 12
term. 13
(c) Removal. Any member may be removed by the same authority for 14
inefficiency, neglect of duty, or malfeasance in office. Before removal, the 15
member shall be furnished with a copy of the charges and have an opportunity 16
to be heard in defense. 17
(d) Salary. Each member of the Board shall receive the same annual salary 18
as a Superior Court Judge and compensation for reasonable expenses, 19
including transportation. 20
(e) Duties. 21

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VT LEG #379302 v.1
(1) The Board shall have the power and authority to hear and affirm, 1
reverse, or modify, in whole or in part, appeals of final decisions of appropriate 2
municipal panels regarding questions of housing and housing development. 3
This shall include decisions on municipal zoning permits, subdivisions, 4
variances, and other municipal permits and fees applicable to housing and 5
housing developments. 6
(2) Matters subject to the Board’s authority may include mixed-use 7
combinations of residential and nonresidential uses, which may occur on 8
separate properties, provided such properties are all part of a common scheme 9
of development. 10
(3) In exercising its authority under this chapter, the Board shall have 11
the power to award all remedies available to the Superior Court in similar 12
cases, including permission to develop the proposed housing. 13
(4) After local remedies have been exhausted, an appeal may be brought 14
before the Board by the applicant or by any other person aggrieved as defined 15
in 10 V.S.A. § 8502. The municipality shall be a party to the action. If the 16
applicant is not the party initiating the action before the Board, then the 17
applicant shall automatically be an intervenor. 18
(5) The Board shall have authority to administer oaths and to compel the 19
attendance of witnesses to proceedings before it. The Board shall have the 20
power to subpoena and subpoena duces tecum. A subpoena or subpoena duces 21

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VT LEG #379302 v.1
tecum of the Board may be served by any person designated in the subpoena or 1
subpoena duces tecum to serve it. Any testimony given by a person duly 2
sworn shall be subject to the pains and penalties of perjury. All applications or 3
petitions to the Board for which no filing fee has been otherwise specified by 4
statute shall be accompanied by a $250.00 filing fee. 5
(f) Quorum; disqualification; temporary members. In all matters, a 6
majority of the Board shall constitute a quorum to transact business. No 7
member of the Board shall represent a party or testify as an expert witness or 8
render any professional service for any party or interest before the Board, and 9
any member having an interest in the subject matter shall be disqualified to act. 10
In the event of a disqualification or temporary disability of a member or 11
members of the Board, the Board shall appoint any temporary Board members 12
as sha