§ 4476. Formal review of regional planning commission decisions

(a) Formal review. A request for formal review of the sufficiency of an adopted regional plan or amendment, or for formal review of the decision of a regional planning commission with respect to the confirmation of a municipal planning effort, or the decision relating to approval of a municipal plan, shall be to the regional review panel created under section 4305 of this title. A request for formal review shall be filed within 21 days of adoption of the plan or amendment or the decision.

(b) Standing. The following have standing to request formal review or become parties to formal review conducted under this section:

(1) a person owning title to property affected by a decision of the regional planning commission who alleges that that decision imposes on that property unreasonable or inappropriate restrictions that significantly impair present or potential use under the particular circumstances of the case;

(2) a municipality whose planning effort is the subject of a decision by the regional planning commission, any other municipality within the region, any municipality which adjoins the region, or a regional planning commission which adjoins the region;

(3) any agency, department, or other governmental subdivision of the State owning property or an interest therein within a municipality listed in subdivision (2) of this subsection, and the Agency of Commerce and Community Development;

(4) any 20 persons who by signed petition allege that the decision, if confirmed, will not be in accord with the requirements of this chapter, and who own or occupy real property located within any combination of the following:

(A) any municipality whose planning effort is the subject of the decision by the regional planning commission; or

(B) any municipality which adjoins a municipality whose planning effort is subject of the decision by the regional planning commission;

(5) with respect to the sufficiency of an adopted or amended regional plan, any 20 persons who by signed petition allege that the plan or amendment is not in accord with the requirements of this chapter, and who own or occupy real property located within the area that includes the region and the municipalities that adjoin the region;

(6) the regional planning commission whose plan, amendment, or decision is the subject of the request for formal review.

(c) Procedure; regional review panel. Notice of formal review shall be sent by mail to the municipalities within the region, to the regional planning commission, and to the Agency of Commerce and Community Development and shall be accompanied by a statement of all reasons why the appellant believes the plan or opinion to be in error and all issues which the appellant believes to be relevant. Within 30 days of receipt of the notice of formal review, the date for a hearing shall be set and the council shall publish notice of the hearing in a newspaper of general circulation in the applicable region, and shall provide notice in writing of the hearing to individuals and organizations that had requested notice from the regional planning commission under section 4348 relating to the adoption of a regional plan. The appellant shall pay the costs of publication. The hearing shall be held within 45 days of receipt of the notice of formal review. Upon motion, for good cause shown, the panel may extend the date of the hearing. Within 20 days of adjournment of the hearing, the regional review panel shall issue a decision approving, conditionally approving, or disapproving the regional plan or amendment or the opinion with respect to confirmation of the municipal planning effort or approval of the municipal plan. The regional review panel shall be governed by the provisions for contested cases in 3 V.S.A. chapter 25.

(d) Issues on formal review.

(1) With respect to formal review of the sufficiency of an adopted or amended regional plan, the regional review panel shall determine:

(A) whether the plan contains the elements required by law;

(B) whether the plan is compatible with the plans of adjoining regions; and

(C) whether the plan is consistent with the goals established in section 4302 of this title.

(2) With respect to formal review of a regional planning commission decision on the confirmation of a municipal planning effort, the regional review panel shall determine:

(A) whether the municipality is engaged in a continuing planning process that, within a reasonable time, will attain consistency with the goals established in section 4302 of this title; and

(B) whether the municipality is maintaining its efforts to provide local funds for municipal and regional planning purposes.

(3) With respect to formal review of a regional planning commission decision on the approval or disapproval of a municipal plan, the regional review panel shall determine:

(A) whether the plan is consistent with the goals established in section 4302 of this title;

(B) whether the plan is compatible with its regional plan; and

(C) whether the plan is compatible with approved plans of other municipalities in the region.

(e) Stays.

(1) The filing of a notice of formal review shall not stay the effect of the plan or the decision of the regional planning commission, unless so ordered by the regional review panel.

(2) If notice of formal review of the decision of a regional planning commission to approve or disapprove a municipal plan is filed prior to final adoption of the plan, the regional review panel shall stay formal review proceedings pending final adoption. The panel, however, may proceed with formal review upon the request of the municipality whose plan is the subject of the review.

(f) Appeal to Supreme Court. An appeal from a decision of the regional review panel shall be to the Supreme Court. (Added 1987, No. 200 (Adj. Sess.), § 33, eff. July 1, 1989; amended 1989, No. 280 (Adj. Sess.),§§ 11, 11a; 1995, No. 190 (Adj. Sess.), § 1(a).)