Vermont Statutes Title 24 Sec. 2255
Terms Used In Vermont Statutes Title 24 Sec. 2255
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Municipality: shall include a city, town, town school district, incorporated school or fire district or incorporated village, and all other governmental incorporated units. See
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- road: shall include bridges thereon and their approaches. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- town: shall mean village or city. See
§ 2255. Grant or denial of application; appeal
(a) After the hearing the legislative body shall, within 30 days, make a finding as to whether or not the application should be granted, giving notice of their finding to the applicant by mail, postage prepaid, to the address given on the application.
(b) If approved, the certificate of approved location shall be issued for a period not to exceed five years and shall contain at a minimum the following conditions:
(1) conditions requiring compliance with the screening and fencing requirements of section 2257 of this title;
(2) approval shall be personal to the applicant and not assignable;
(3) conditions that the legislative body deems appropriate to ensure that considerations of section 2254 of this title have been met;
(4) any other condition that the legislative body deems appropriate to ensure the protection of public health, the environment, or safety or to ensure protection from nuisance conditions; and
(5) a condition requiring a salvage yard established or initiated prior to July 1, 2009 to be setback 100-feet from the nearest edge of a right-of-way of a State or town road or from a navigable water as that term is defined in 10 V.S.A. § 1422, provided that if a salvage yard cannot demonstrate during the application process that it meets the 100-foot setback requirement of this subdivision, a municipality may regulate the salvage yard as a nonconforming use, nonconforming structure, or nonconforming lot under a municipal nonconformity bylaw adopted under section 4412 of this title, provided that no enlargement or further encroachment within a setback required under this subdivision shall be allowed.
(c) Certificates of approval shall be renewed thereafter for successive periods of not more than five years upon payment of the renewal fee without hearing, provided all provisions of this subchapter are complied with during the preceding period, and the salvage yard does not become a public nuisance under the common law.
(d) Any person may appeal the issuance or denial of a certificate of approved location to the Environmental Division within 30 days of the decision. No costs shall be taxed against either party upon such appeal. (Added 1969, No. 98, § 1; amended 1973, No. 164 (Adj. Sess.), § 5; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 56, § 13; 2009, No. 154 (Adj. Sess.), § 236.)