Vermont S. 134: An act relating to court diversion and pretrial services

Status: Signed by Governor on June 5, 2017 (as of 2017-06-05)

State: Vermont · Session: 2017-2018 · Bill: S. 134

Sponsors: Senate Committee on Judiciary

Bill Text

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VT LEG #379209 v.3
S.134 1
Introduced by Senators Hardy and Chittenden 2
Referred to Committee on 3
Date: 4
Subject: Municipal and county government; aeronautics; land use; municipal 5
zoning; Act 250; Agency of Transportation; Aviation Advisory 6
Council; air space navigation 7
Statement of purpose of bill as introduced: This bill proposes to clarify the 8
municipal authority over restricted landing areas through zoning, to create the 9
Aviation Advisory Council, and to require the Agency of Transportation to 10
collect and make available to the public certain data regarding aircraft 11
operations at State-owned air navigation facilities. 12
An act relating to municipal regulation of private airstrips 13
It is hereby enacted by the General Assembly of the State of Vermont: 14
Sec. 1. 24 V.S.A. § 4411 is amended to read: 15
§ 4411. ZONING BYLAWS 16
(a) A municipality may regulate land development in conformance with its 17
adopted municipal plan and for the purposes set forth in section 4302 of this 18
title to govern the use of land and the placement, spacing, and size of structures 19
and other factors specified in the bylaws related to public health, safety, or 20

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welfare. Zoning bylaws may permit, prohibit, restrict, regulate, and determine 1
land development, including the following: 2
(1) specific uses of land and shoreland facilities; 3
(2) dimensions, location, erection, construction, repair, maintenance, 4
alteration, razing, removal, and use of structures; 5
(3) areas and dimensions of land to be occupied by uses and structures, 6
as well as areas, courts, yards, and other open spaces and distances to be left 7
unoccupied by uses and structures; 8
(4) timing or sequence of growth, density of population, and intensity of 9
use; 10
(5) uses within a river corridor and buffer, as those terms are defined in 11
10 V.S.A. §§ 1422 and 1427; and 12
(6) location, construction, repair, maintenance, and alteration of 13
restricted landing areas as defined in 5 V.S.A. § 202. 14
* * * 15
Sec. 2. 10 V.S.A. § 6001 is amended to read: 16
§ 6001. DEFINITIONS 17
As used in this chapter: 18
* * * 19
(3)(A) “Development” means each of the following: 20
* * * 21

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(xiv) The construction of improvements for or operation of a 1
restricted landing area as defined in 5 V.S.A. § 202. 2
* * * 3
Sec. 3. 5 V.S.A. § 205a is added to read: 4
§ 205a. AVIATION ADVISORY COUNCIL 5
(a) Creation and purpose. 6
(1) There is created the Aviation Advisory Council to act as a forum to 7
discuss and recommend: 8
(A) Aviation policy that is in the best interests of the residents of 9
Vermont. 10
(B) State-owned air navigation facilities use or infrastructure changes 11
to ensure efficient use of public resources and access to members of the public. 12
(C) Air navigation facilities use or infrastructure changes to ensure 13
minimal impact on neighborhoods and natural resources surrounding air 14
navigation facilities. 15
(D) State-owned air navigation facility use fees and hangar rental 16
rates that support the maintenance and operation of State-owned air navigation 17
facilities. 18
(E) Practices to reduce the environmental and public health and 19
safety impacts of air traffic and airport operations and infrastructure. 20

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(F) Means to support a responsible and healthy aviation community 1
and industry in Vermont, including protocols to ensure that State-owned air 2
navigation facilities are available for emergency response and preparedness. 3
(G) Public safety standards and policies for reducing the impact and 4
proliferation of private restricted landing areas. 5
(H) Policies to monitor, prevent, and deter aerial harassment. As 6
used in this section, “aerial harassment” means using an aircraft to harass 7
someone by buzzing, flying low, or circling them or their property with the 8
intent of intimidating or creating distress. 9
(2) The Council shall encourage and facilitate open communication 10
between aviators, air navigation facility users, State and local officials, and 11
members of the public and shall seek to balance the priorities of aviators with 12
the health and well-being of the general public. 13
(b) Membership. The Council shall be composed of the following: 14
(1) the Secretary of Transportation or designee, who shall serve as chair; 15
(2) the Adjutant General of the Vermont National Guard or designee; 16
(3) one member representing the aviation industry, appointed by the 17
Governor; 18
(4) two members, appointed by the Vermont Association of Planning 19
and Development Agencies, who shall be members of different regional 20
planning commissions; 21

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(5) two members representing independent pilots, appointed by the 1
Vermont Aviator

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