§ 4-109. Resales of units.

(a) Except in the case of a sale where delivery of a public offering statement is required or is exempt under subsection 4-101(b) of this title, a unit owner shall furnish to a purchaser before the conveyance or transfer of the right of possession of a unit, whichever is earlier, a copy of the declaration, without any plats and plans, the bylaws, the rules or regulations of the association and a certificate which discloses the following:

(1) The effect on the proposed disposition of any right of first refusal or other restraint on the free alienability of the unit held by the association.

(2) The amount of the periodic common expense assessment and any unpaid common expense or special assessment currently due and payable from or by the seller.

(3) Any other fees payable by the owner of the unit being sold.

(4) The amount of any reserves for capital expenditures and of any portions of those reserves designated by the association for any specified projects.

(5) The most recent regularly prepared balance sheet and income and expense statement, if any, of the association.

(6) The current operating budget of the association.

(7) Any unsatisfied judgments against the association and the status of any pending suits in which the association is a defendant.

(8) The amount of any insurance coverage provided for the benefit of unit owners.

(9) Any alterations or improvements to the unit, or to the limited common elements assigned to it which violate any provision of the declaration within the knowledge of the executive board.

(10) Any violations of the health or building codes with respect to the unit, the limited common elements assigned to it, or any other portion of the common interest community within the knowledge of the executive board or managing entity.

(11) The remaining term of any leasehold estate affecting the common interest community and the provisions governing any extension or renewal of it.

(12) Any restrictions in the declaration affecting the amount that may be received by a unit owner upon sale, condemnation, casualty loss to the unit or the common interest community, or termination of the common interest community.

(b) The association, within ten days after a request by a unit owner, shall furnish to the unit owner a certificate containing the information necessary to enable the unit owner to comply with this section. A unit owner providing a certificate pursuant to subsection (a) of this section is not liable to the purchaser for any erroneous information provided by the association and included in the certificate.

(c) A purchaser is not liable for any unpaid assessment or fee greater than the amount set forth in the certificate prepared by the association. A unit owner is not liable to a purchaser for the failure or delay of the association to provide the certificate in a timely manner, but the purchase contract is voidable by the purchaser until the certificate has been provided and for five days thereafter.

Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.

Sec. 1. FINDINGS
The general assembly finds and declares that:
(1) The U.S. Environmental Protection Agency and the Vermont
department of health estimate that 40 percent of Vermont residents obtain
drinking water from private wells.
(2) Property owners are not required to test private wells used for
potable water, and the state does not regulate the water quality of private
drinking water wells.
(3) In adults and especially in children, contaminated well water can
cause serious health effects, such as digestive problems, kidney problems, blue
baby syndrome, and brain damage.
(4) Because the state does not regulate water quality in private wells,
the state lacks a comprehensive database or map identifying where
groundwater contamination is prevalent in the state.
(5) To help mitigate the potential health effects of contaminated well
water, the state should require well tests for all newly constructed or drilled
wells and should conduct education and outreach regarding the need for
property owners to test the water quality of private wells used as potable water
supplies.
(6) The state should utilize private well tests to construct a database and
map of groundwater contamination in the state so that the department of
health can recommend treatment options to property owners in certain parts of
the state.
Sec. 2. 10 V.S.A. § 1981 is added to read:
§ 1981. TESTING OF PRIVATE WELLS; NEW WELLS
(a) After construction of a newly drilled well intended for use as a potable
water supply, the owner of the property on which the well is located shall test
the well for the parameters set forth in subsection (b) of this section.
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VT LEG 262102.1
(b) A water test conducted under this section shall include, at a minimum, a
test for arsenic; lead; uranium; gross alpha radiation; coliform bacteria,
nitrate, nitrite, fluoride, manganese, and any other parameters required by the
agency by rule.
c) The secretary, after consultation with the department of health, the
wastewater and potable water supply technical advisory committee, the
Vermont association of realtors, the Vermont home inspectors’ association,
private laboratories, and other interested parties, shall adopt by rule
requirements regarding:
(1) when, after construction or drilling of a well, the well test required
under subsection (a) of this section shall be conducted;
(2) who shall be authorized to conduct the well test required under
subsection (a) of this section, provided that the rule shall include licensed well
drillers among those authorized to conduct the test;
(3) how well samples will be delivered for testing, including the form
and information to be submitted with the well sample;
(4) a current, nationally-recognized accreditation or approval that an
in-state or out-of-state laboratory shall possess in order to conduct a well test
required under subsection (a) of this section; and
(5) any other requirements necessary to implement the requirements of
this section.
(d) Any laboratory that analyzes a water sample of a private well in
Vermont shall report the results of the well analysis to the entity submitting the
sample and shall report, in an electronic format, to the department of health
all information that is required by the department pursuant to the rule adopted
under subsection (c) of this section.
Sec. 3. 27 V.S.A. § 616 is added to read:
§ 616. PRIVATE WELL TESTING; DISCLOSURE OF EDUCATIONAL
MATERIAL
(a) Prior to the execution of a purchase and sale agreement for a property
not served by a public community water system, the seller shall provide the
buyer with informational materials developed by the department of health
regarding:
(1) the potential health effects of untreated well water; and
(2) the buyer’s opportunity under the agreement to test the potable
water supply.
(b) Noncompliance with this section shall not affect marketability of title.
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VT LEG 262102.1
Sec. 4. DEPARTMENT OF HEALTH; EDUCATION AND OUTREACH ON
SAFE DRINKING WATER
The department of health, after consultation with the agency of natural
resources, shall revise and update its education and outreach materials
regarding the potential health effects of contaminants in private sources of
drinking water in order to improve citizen access to such materials and to
increase awareness of the need to conduct testing of private water sources. In
revising and updating its education and outreach materials, the department
shall update the online safe water resource guide by incorporating the most
current information on the health effects of contaminants, treatment of
contaminants, and causes of contamination and by directly linking users to the
department of health contaminant fact sheets.
Sec. 5. EFFECTIVE DATES
(a) This section and Secs. 1 (findings), 3 (disclosure of educational
material), and 4 (department of health; education and outreach) of this act
shall take effect upon passage.
(b) Sec. 2 (testing of private wells) of this act shall take effect upon
passage, except that 10 V.S.A. § 1981(a) (well test requirement) and 10 V.S.A.
§ 1981(d) (well test reports) shall take effect on July 1, 2012.

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1 H.272
2 Introduced by Representatives Botzow of Pownal and Marcotte of Coventry
3 Referred to Committee on
4 Date:
5 Subject: Highways; private roads; road maintenance; cost allocation; banking;
6 mortgages
7 Statement of purpose: This bill proposes to:
8 (1) require that in the absence of a written agreement regarding the
9 allocation of maintenance costs for a private road, the costs shall be divided
10 ratably among the owners of property that utilize a private road for access and
11 the holders of recorded easements with a right to use the private road for
12 access; and
13 (2) authorize recovery of damages and injunctive relief by owners or
14 easement holders damaged by another’s failure to contribute ratably to
15 maintenance costs.
16 An act relating to maintenance of private roads
17 It is hereby enacted by the General Assembly of the State of Vermont:
18 Sec. 1. LEGISLATIVE FINDINGS
19 The general assembly finds that:

(1) Fannie Mae (the Federal National Mortgage 1 Association) is both a
2 major purchaser of residential mortgage loans on the secondary market and an
3 organization that sets the standards for the underwriting and legal requirements
4 for loans sold on the secondary market.
5 (2) The current Fannie Mae appraisal form contains a section for the
6 appraiser to comment on off-site improvements—including private streets—
7 and to indicate whether the improvements are publicly or privately maintained.
8 If a property is located on a community-owned or privately owned and
9 maintained street, Fannie Mae requires a legally enforceable agreement or
10 covenant for maintenance of the street.
11 (3) On January 31, 2008, Fannie Mae issued Announcement 08-01,
12 which specifies that Fannie Mae will permit the delivery of mortgage loans for
13 properties for which there is no such maintenance agreement or covenant,
14 provided that the property is located in a state that has statutory provisions
15 defining the responsibilities of property owners for the maintenance and repair
16 of private streets. Prior to this act, Vermont had no such statutory provisions.
17 (4) Since the mortgage crisis, Fannie Mae has become stricter in its
18 underwriting standards and in enforcing the private street maintenance
19 agreement requirement. Because the ability to sell mortgages to Fannie Mae
20 on the secondary market is critical to most mortgage lenders, this has delayed
mortgage closings and created uncertainty 1 for Vermont homeowners
2 throughout the state.
3 (5) When a conflict arises among persons who share a private road but
4 lack an express agreement concerning the maintenance of that road, the
5 Vermont Supreme Court has applied common law equitable principles to
6 apportion the cost of maintaining the private road. In the reported decision
7 Hubbard v. Bolieau, 144 Vt. 373 (1984), the Supreme Court held that “when
8 several persons enjoy a common benefit, all must contribute rateably to the
9 discharge of the burdens incident to the existence of the benefit.”
10 (6) Vermonters have a long history of working together to share the
11 costs of maintaining private roads. Nothing in this act disturbs existing
12 cooperative arrangements between neighbors, whether written or unwritten.
13 Instead, this act establishes a default standard that will facilitate sales of
14 mortgages and reduce uncertainty for Vermont homeowners, apply only in the
15 absence of a written agreement, and rely on established principles of Vermont
16 law to resolve conflicts.
17 Sec. 2. 19 V.S.A. chapter 27 is added to read:
18 CHAPTER 27. PRIVATE ROADS
19 § 2701. DEFINITIONS
20 As used in this chapter:

(1) “Maintenance” shall include activities 1 related to the upkeep of a
2 private road in its existing condition and as necessary to allow safe passage on
3 the private road within its existing scope of use. “Maintenance” shall not be
4 construed to include any expansion of or capital improvements to a private
5 road.
6 (2) “Owner” and “holder” mean a person other than the state of
7 Vermont, its instrumentalities, or a municipality.
8 (3) “Private road” means a road owned by one or more persons and used
9 by more than one owner or holder of a recorded easement as a means of access
10 to one or more parcels of land.
11 (4) “Ratably” means payment of the expenses for maintenance of a
12 private road based on a pro rata share among the owners and easement holders.
13 § 2702. PRIVATE ROAD MAINTENANCE
14 In the absence of any written agreement—including obligations established
15 by covenants and requirements contained in deeds, state and local permits, and
16 land development and subdivision bylaws—regarding the allocation of costs
17 for the maintenance of a private road, the owners of property that utilize a
18 private road for access and the holders of recorded easements with a right to
19 use a private road for access shall contribute ratably to the payment of the
20 expenses for maintenance of the private road on account of the common
21 benefit enjoyed by each owner and easement holder.

1 § 2703. ENFORCEMENT
2 If an owner or easement holder fails to pay after demand his or her ratable
3 share of maintenance costs as required under section 2702 of this chapter, an
4 owner or easement holder who suffers damage as a result may bring an action
5 in the civil division of a superior court where the private road is located for
6 damages or injunctive relief or both.
7 Sec. 3. EFFECTIVE DATE
8 This act shall take effect on July 1, 2011.

Title 24: Municipal and County Government

Chapter 117: MUNICIPAL AND REGIONAL PLANNING AND DEVELOPMENT

24 V.S.A. § 4412. Required provisions and prohibited effects

TITLE 24

Municipal and County Government

PART II

Municipalities

CHAPTER 117. MUNICIPAL AND REGIONAL PLANNING AND DEVELOPMENT

Subchapter VII. Bylaws

§ 4412. Required provisions and prohibited effects
Notwithstanding any existing bylaw, the following land development provisions shall apply in every municipality:
(1) Equal treatment of housing and required provisions for affordable housing.
(A) No bylaw shall have the effect of excluding housing that meets the needs of the population as determined in the housing element of its municipal plan as required under subdivision 4382(a)(10) of this title.
(B) Except as provided in subdivisions 4414(1)(E) and (F) of this title, no bylaw shall have the effect of excluding mobile homes, modular housing, or prefabricated housing from the municipality, except upon the same terms and conditions as conventional housing is excluded. A municipality may establish specific site standards in the bylaws to regulate individual sites within preexisting mobile home parks with regard to distances between structures and other standards as necessary to ensure public health, safety, and welfare, provided the standards do not have the effect of prohibiting the replacement of mobile homes on existing lots.
(C) No bylaw shall have the effect of excluding mobile home parks, as defined in 10 V.S.A. chapter 153, from the municipality.
(D) Bylaws shall designate appropriate districts and reasonable regulations for multiunit or multifamily dwellings. No bylaw shall have the effect of excluding these multiunit or multifamily dwellings from the municipality.
(E) No bylaw shall have the effect of excluding as a permitted use one accessory dwelling unit that is located within or appurtenant to an owner-occupied single-family dwelling. An accessory dwelling unit means an efficiency or one-bedroom apartment that is clearly subordinate to a single-family dwelling, and has facilities and provisions for independent living, including sleeping, food preparation, and sanitation, provided there is compliance with all the following:
(i) The property has sufficient wastewater capacity.
(ii) The unit does not exceed 30 percent of the total habitable floor area of the single-family dwelling.
(iii) Applicable setback, coverage, and parking requirements specified in the bylaws are met.
(F) Nothing in subdivision (1)(E) of this section shall be construed to prohibit:
(i) a bylaw that is less restrictive of accessory dwelling units;
(ii) a bylaw that requires conditional use review for one or more of the following that is involved in creation of an accessory dwelling unit:
(I) a new accessory structure;
(II) an increase in the height or floor area of the existing dwelling; or
(III) an increase in the dimensions of the parking areas.
(G) A residential care home or group home to be operated under state licensing or registration, serving not more than eight persons who have a handicap or disability as defined in 9 V.S.A. § 4501, shall be considered by right to constitute a permitted single-family residential use of property, except that no such home shall be so considered if it is located within 1,000 feet of another existing or permitted such home.
(2) Existing small lots. Any lot that is legally subdivided, is in individual and separate and nonaffiliated ownership from surrounding properties, and is in existence on the date of enactment of any bylaw, including an interim bylaw, may be developed for the purposes permitted in the district in which it is located, even though the small lot no longer conforms to minimum lot size requirements of the new bylaw or interim bylaw.
(A) A municipality may prohibit development of a lot if either of the following applies:
(i) the lot is less than one-eighth acre in area; or
(ii) the lot has a width or depth dimension of less than 40 feet.
(B) The bylaw may provide that if an existing small lot subsequently comes under common ownership with one or more contiguous lots, the nonconforming lot shall be deemed merged with the contiguous lot. However, a nonconforming lot shall not be deemed merged and may be separately conveyed if all the following apply:
(i) The lots are conveyed in their preexisting, nonconforming configuration.
(ii) On the effective date of any bylaw, each lot was developed with a water supply and wastewater disposal system.
(iii) At the time of transfer, each water supply and wastewater system is functioning in an acceptable manner.
(iv) The deeds of conveyance create appropriate easements on both lots for replacement of one or more wastewater systems, potable water systems, or both, in case there is a failed system or failed supply as defined in 10 V.S.A. chapter 64.
(C) Nothing in this subdivision (2) shall be construed to prohibit a bylaw that is less restrictive of development of existing small lots.
(3) Required frontage on, or access to, public roads or public waters. Land development may be permitted on lots that do not have frontage either on a public road or public waters, provided that access through a permanent easement or right-of-way has been approved in accordance with standards and process specified in the bylaws. This approval shall be pursuant to subdivision bylaws adopted in accordance with section 4418 of this title, or where subdivision bylaws have not been adopted or do not apply, through a process and pursuant to standards defined in bylaws adopted for the purpose of assuring safe and adequate access. Any permanent easement or right-of-way providing access to such a road or waters shall be at least 20 feet in width.
(4) Protection of home occupations. No bylaw may infringe upon the right of any resident to use a minor portion of a dwelling unit for an occupation that is customary in residential areas and that does not have an undue adverse effect upon the character of the residential area in which the dwelling is located.
(5) Child care. A “family child care home or facility” as used in this subdivision means a home or facility where the owner or operator is to be licensed or registered by the state for child care. A family child care home serving six or fewer children shall be considered to constitute a permitted single-family residential use of property. A family child care home serving no more than six full-time children and four part-time children, as defined in subdivision 33 V.S.A. § 4902(3)(A), shall be considered to constitute a permitted use of property but may require site plan approval based on local zoning requirements. A family child care facility serving more than six full-time and four part-time children may, at the discretion of the municipality, be subject to all applicable municipal bylaws.
(6) Heights of renewable energy resource structures. The height of wind turbines with blades less than 20 feet in diameter, or rooftop solar collectors less than 10 feet high, any of which are mounted on complying structures, shall not be regulated unless the bylaws provide specific standards for regulation. In addition, the regulation of antennae that are part of a telecommunications facility, as defined in 30 V.S.A. § 248a, may be exempt from review under this chapter according to the provisions of that section.
(7) Nonconformities. All bylaws shall define how nonconformities will be addressed, including standards for nonconforming uses, nonconforming structures, and nonconforming lots.
(A) To achieve the purposes of this chapter set forth in section 4302 of this title, municipalities may regulate and prohibit expansion and undue perpetuation of nonconformities. Specifically, a municipality, in its bylaws, may:
(i) Specify a time period that shall constitute abandonment or discontinuance of that nonconforming use, provided the time period is not less than six months.
(ii) Specify the extent to which, and circumstances under which, a nonconformity may be maintained or repaired.
(iii) Specify the extent to which, and circumstances under which, a nonconformity may change or expand.
(iv) Regulate relocation or enlargement of a structure containing a nonconforming use.
(v) Specify the circumstances in which a nonconformity that is destroyed may be rebuilt.
(vi) Specify other appropriate circumstances in which a nonconformity must comply with the bylaws.
(B) If a mobile home park, as defined in 10 V.S.A. chapter 153, is a nonconformity pursuant to a municipality’s bylaws, the entire mobile home park shall be treated as a nonconformity under those bylaws, and individual lots within the mobile home park shall in no event be considered nonconformities. Unless the bylaws provide specific standards as described in subdivision (1)(B) of this section, where a mobile home park is a nonconformity under bylaws, its status regarding conformance or nonconformance shall apply to the parcel as a whole, and not to any individual mobile home lot within the park. An individual mobile home lot that is vacated shall not be considered a discontinuance or abandonment of a nonconformity.
(C) Nothing in this section shall be construed to restrict the authority of a municipality to abate public nuisances or to abate or remove public health risks or hazards.
(8)(A) Communications antennae and facilities. Except to the extent bylaws protect historic landmarks and structures listed on the state or national register of historic places, no permit shall be required for placement of antennae used to transmit, receive, or transmit and receive communications signals on that property owner’s premises if the aggregate area of the largest faces of the antennae is not more than eight square feet, and if the antennae and any mast support does not extend more than 12 feet above the roof of that portion of the building to which the mast is attached.
(B) If an antenna structure is less than 20 feet in height and its primary function is to transmit or receive communication signals for commercial, industrial, institutional, nonprofit or public purposes, it shall not be regulated under this chapter if it is located on a structure located within the boundaries of a downhill ski area and permitted under this chapter. For the purposes of this subdivision, “downhill ski area” means an area with trails for downhill skiing served by one or more ski lifts and any other areas within the boundaries of the ski area and open to the public for winter sports.
(C) The regulation of a telecommunications facility, as defined in 30 V.S.A. § 248a, shall be exempt from municipal approval under this chapter when and to the extent jurisdiction is assumed by the public service board according to the provisions of that section.
(D) A municipality may regulate communications towers, antennae and related facilities in its bylaws provided that such regulations do not have the purpose or effect of being inconsistent with subdivisions (A) through (C) of this subdivision (8).
(9) De minimis telecommunications impacts. An officer or entity designated by the municipality shall review telecommunications facilities applications, and upon determining that a particular application will impose no impact or de minimis impact upon any criteria established in the bylaws, shall approve the application. (Added 2003, No. 115 (Adj. Sess.), § 95; amended 2005, No. 172 (Adj. Sess.), § 5, eff. May 22, 2006; 2007, No. 79, § 15; 2007, No. 79, § 15, eff. June 9, 2007; 2009, No. 54, § 45, eff. June 1, 2009.)

On June 4th or 2009, the Vermont Environmental Court denied Anne Keenan a conditional use approval to continue to use a building as a 4-unit, as it had been since the 1970s, Keenan argued that because it had been used as a 4-unit for more than 15 years, the property should be granted a conditional use permit even though it was originally permitted only as a 3-unit by the city of Burlington. It is important to note however, that Burlington had not brought an enforcement action against Keenan to stop use as a 4-unit. The court writes “We are unaware of any legal authority that requires the City to legitimize this nonconformity with a zoning permit….Simply put, just because an action cannot be condemned does not mean it must be condoned.”

“I recently wrote to my city council member about chickens. A few months ago, my house was forced to get rid of more than half our flock. We too are a two-family household, and 4 chickens is a laughable maximum number of chickens, unless the city’s incentive is to deny people the ability to feed themselves and their neighbors…Anyhow, I am waiting to hear back from my council member (he seems pretty supportive of this issue), who has contacted the Board of Health, Code Enforcement and the city attorney’s office.”

I’ve heard other stories of residents needing to give up chickens. I personally and pleased that neighbors are taking control of raising their own food, and don’t see any reason not to allow them to raise chickens. It sounds like most chickens will lay only one egg a day, so two families of four are not going to get far with only four chickens between them.

One neighbor a few blocks away seems to have 8 or so chickens. I don’t know him personally, but I do see him running up and down Cliff Street every now and again chasing the one’s who have escaped. It is quite a sight as his chickens have a wide variety of colorful plumage.

Another neighbor, curious about the limit on the number of  chickens per house, did a bit of research. He didn’t find regulation that limited the number to four. He found

It is illegal to sell dyed chickens, but it does not appear to be illegal to have chickens in your backyard.  I don’t see where this number comes from, whether it is three or four.  I have heard rumors of that number outside of FPF as well, but looking at the law (I am not a laywer!) it certainly appears that you can have quite a lot of chickens before you become a ‘farm’. There is a chapter called “Animals & Fowl” (chapter 5).  There is nothing there that says you can or cannot have more or less than any number of chicken or fowl.  But don’t bring them to church st!

I have heard that one home in the New North End of Burlington has two milking-cows. The home is adjacent to the Intervale and perhaps zoned both residential and agricultural.

Chickens tend to be a generally quiet bird, but I’ve heard that one resident a few years ago needed to give up her rooster because the crowing was too much for the neighbors.

You can search the burlington city code at
http://library4.municode.com/default-test/home.htm?infobase=13987&doc_action=whatsnew

Vermont state law can be found at
http://www.leg.state.vt.us/statutes/statutetextsearch.cfm

This bill seeks to require mediation and compliance with the federal Home Affordability Modification Program (“HAMP”) in all owner occupied one to four unit residential foreclosure actions where the underlying mortgage is subject to the HAMP guidelines. The mediator must be a Vermont licensed attorney that has taken a legal education course on foreclosure prevention and loss mitigation, which course must be approved by the Vermont Bar Association.

Whenever the borrower enters an appearance in a foreclosure action, or if the borrower requests mediation up to four months after the judgment is entered in the foreclosure case (this is typically while the period of redemption is running), the court shall refer the case to mediation.

The mortgagee must serve a notice on the borrower, with the summons and complaint, that informs the borrower of the right to mediation. The bill includes elements that must be in the notice, but leaves it to the Supreme Court to promulgate any required form of notice.

All parties must participate in the mediation, including: lender or lender’s servicing agent, lender’s attorney, and the borrower and the borrower’s attorney, if any. The participants must have decision-making authority and access to the appropriate information to consider and calculate the available options. The borrower must provide the mediator information about the borrower’s income. The participants are required to use the calculations, assumptions, and forms as established by the HAMP guidelines. In addition to HAMP the lender must consider other prevention tools including reinstatement, loan modification, foreclosure, and short sale. The lender is required to provide documentation of its consideration of all of the above HAMP and other foreclosure alternative tools.

The mediator must file a mediation report within seven days of completing the mediation. The report is sent to both parties and to the court.

The court reviews the mediator’s report to decide if the lender complied with the all of the foreclosure alternative requirements and considerations set forth above. The court may make such determination on its own or may require a hearing. The court has broad authority to issue sanctions if it finds that the lender did not comply with its obligations in the mediation.

The bill requires that the lender pay the costs of the mediation and the lender cannot transfer the costs to the borrower. The borrower is responsible for the borrower’s own costs, including the cost of the borrower’s attorney, if any, and travel costs.

The bill only applies to foreclosure actions involving loans that are subject to HAMP.

Effective date: July 1, 2010 and sunsets on the expiration date of the HAMP program.

The Vermont Statutes Online

Title 24: Municipal and County Government

Chapter 117: MUNICIPAL AND REGIONAL PLANNING AND DEVELOPMENT

24 V.S.A. § 4413. Limitations on municipal bylaws

§ 4413. Limitations on municipal bylaws

(a) The following uses may be regulated only with respect to location, size, height, building bulk, yards, courts, setbacks, density of buildings, off-street parking, loading facilities, traffic, noise, lighting, landscaping, and screening requirements, and only to the extent that regulations do not have the effect of interfering with the intended functional use:

(1) State- or community-owned and operated institutions and facilities.

(2) Public and private schools and other educational institutions certified by the state department of education.

(3) Churches and other places of worship, convents, and parish houses.

(4) Public and private hospitals.

(5) Regional solid waste management facilities certified under 10 V.S.A. chapter 159.

(6) Hazardous waste management facilities for which a notice of intent to construct has been received under 10 V.S.A. § 6606a.

(b) A bylaw under this chapter shall not regulate public utility power generating plants and transmission facilities regulated under 30 V.S.A. § 248.

(c) Except as otherwise provided by this section and by 10 V.S.A. § 1976, if any bylaw is enacted with respect to any land development that is subject to regulation under state statutes, the more stringent or restrictive regulation applicable shall apply.

(d) A bylaw under this chapter shall not regulate accepted agricultural and silvicultural practices, including the construction of farm structures, as those practices are defined by the secretary of agriculture, food and markets or the commissioner of forests, parks and recreation, respectively, under subsections 1021(f) and 1259(f) of Title 10 and section 4810 of Title 6.

(1) For purposes of this section, “farm structure” means a building, enclosure, or fence for housing livestock, raising horticultural or agronomic plants, or carrying out other practices associated with accepted agricultural or farming practices, including a silo, as “farming” is defined in subdivision 6001(22) of Title 10, but excludes a dwelling for human habitation.

(2) A person shall notify a municipality of the intent to build a farm structure and shall abide by setbacks approved by the secretary of agriculture, food and markets. No municipal permit for a farm structure shall be required.

(3) A municipality may enact a bylaw that imposes forest management practices resulting in a change in a forest management plan for land enrolled in the use value appraisal program pursuant to 32 V.S.A. chapter 124 only to the extent that those changes are silviculturally sound, as determined by the commissioner of forests, parks and recreation, and protect specific natural, conservation, aesthetic, or wildlife features in properly designated zoning districts. These changes also must be compatible with 32 V.S.A. § 3755.

(e) A bylaw enacted under this chapter shall be subject to the restrictions created under section 2295 of this title, with respect to the limits on municipal power to regulate hunting, fishing, trapping, and other activities specified under that section.

(f) This section shall apply in every municipality, notwithstanding any existing bylaw to the contrary.

(g) Notwithstanding any provision of law to the contrary, a bylaw adopted under this chapter shall not prohibit or have the effect of prohibiting the installation of solar collectors, clotheslines, or other energy devices based on renewable resources. (Added 2003, No. 115 (Adj. Sess.), § 95; amended 2009, No. 45, § 15c, eff. May 27, 2009.)

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Vermont League of Cities and Towns

for Single Family Dwellings

As of January 1, 2009, all new dwellings and dwellings that are sold or transfered need to have photoelectric-only type smoke detectors installed near bedrooms and on each floor of the dwelling. This is in addition to the carbon monoxide alarm requirements that require CO detectors near all bedrooms in all new dwellings and dwellings that are sold or transfered. At the time of sale or transfer, home buyers and sellers must complete the Vermont smoke and carbon monoxide certificate of compliance.

The new ordinance reads:

S226 legislative council summery

This act reflects the findings of the general assembly that photoelectric-type smoke detectors provide earlier detection and warning than ionization-type smoke detectors in smoldering fires by tens of minutes. A person who constructs a single-family dwelling is required to install photoelectric-only-type smoke detectors in the vicinity of any bedrooms and on each level of the dwelling. Any single-family dwelling when transferred by sale or exchange is required to contain photoelectric-only-type smoke detectors in the vicinity of any bedrooms and on each level of the dwelling installed in accordance with the manufacturer’s instructions. A single-family dwelling constructed before January 1, 1994 may contain smoke detectors powered by the electrical service in the building or by battery, or by a combination of both. In a single-family dwelling newly constructed after January 1, 1994 that is provided with electrical power, smoke detectors shall be powered by the electrical service in the building and by battery. The seller of a single-family dwelling, including one constructed for first occupancy, whether the transfer is by sale or exchange, shall certify to the buyer at the closing of the transaction that the dwelling is provided with photoelectric-only-type smoke detectors. The requirement in this act for the installation of “photoelectric-only-type” smoke detectors does not prohibit and does not discourage the additional use of separately powered ionization or photoelectric/ionization combination smoke detectors.
Rules which specify the type, placement, and installation of photoelectric smoke detectors are required to be conspicuously posted in the retail sales area where the detectors are sold.
Effective Date: This act took effect on passage, May 29, 2008; however, the portion addressing newly constructed single-family dwellings and the certification of detectors takes effect after January 1, 2009.