Terms Used In Vermont Statutes > Title 6 > Chapter 206 - Nursery Inspection

• Accessory dwelling unit: means a distinct unit 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:

• Accumulated contributions: means the sum of all the amounts deducted for Municipal Employees' Retirement System purposes from the compensation of a member with interest thereon, as provided in subsection 5063(b) of this title. See
• Actuarial equivalent: means a benefit of equal value under actuarial assumptions last adopted by the Retirement Board under subsection 5063a(h) of this title. See
• Advanced emergency medical treatment: means those portions of emergency medical treatment as defined by the Department of Health, which may be performed by licensed emergency medical services personnel acting under the supervision of a physician within a system of medical control approved by the Department of Health. See
• Affiliated agency: means an ambulance service or first responder service licensed under this chapter, including a fire department, rescue squad, police department, ski patrol, hospital, or other entity licensed to provide emergency medical services under this chapter. See
• Affordable housing: means either of the following:

• Ambulance: means any vehicle, whether air, ground, or water, that is designed, constructed, used, or intended for use in transporting ill or injured persons. See
• Ambulance service: means a person licensed by the Department of Health to provide emergency medical treatment and transportation to ill or injured persons. See
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Annual meeting: when applied to towns shall mean the annual town meeting in March or an adjournment thereof. See
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Annuity: means annual payments for life actuarially derived from the accumulated contributions of a member. See
• 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.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Basic emergency medical treatment: means those portions of emergency medical treatment, as defined by the Department of Health, which may be exercised by licensed emergency medical services personnel acting under their own authority. See
• Beneficiary: means any person in receipt of a pension, an annuity, a retirement allowance, or other benefit as provided by this chapter. See
• Board: means the board established or designated as the housing board of review. See
• Board: means the Board of Trustees of the System provided for in section 5062 of this title to administer the System. See
• Bylaws: means municipal regulations applicable to land development adopted under the authority of this chapter. See
• Capital project: means :

• Commissioner: shall mean in this title only the Commissioner of Motor Vehicles. See
• Continuous service: means those periods of service as an employee with all employers, provided all of the following conditions are met:

• Creditable service: means that period of continuous service subsequent to an employee joining the System and prior to his or her termination of service, during which an employee makes contributions. See
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Dependent: A person dependent for support upon another.
• District board: means the board of directors of a district appointed under section 2653 of this title. See
• Domestic: when applied to a corporation, company, association, or copartnership shall mean organized under the laws of this State; "foreign" when so applied, shall mean organized under the laws of another state, government, or country. See
• Dwelling: means any building or structure or part thereof, including hotels and rooming houses, that is used, occupied, or intended to be used or occupied for human habitation, and includes dwelling premises, appurtenances, and facilities belonging to the dwelling or usually enjoyed therewith. See
• Dwelling premises: means the land and auxiliary buildings thereon used or intended to be used in connection with the dwelling. See
• Earnable compensation: means the total amounts paid to an employee for his or her position. See
• Eight-light system: shall mean four alternately flashing red signal lamps, two at the front and two at the rear, to operate automatically when a school bus is stopped and four alternately flashing amber signal lamps, two at the front and two at the rear, to be operated by the driver at an appropriate distance before stopping the bus. See
• Element: means a component of a plan. See
• Emergency medical personnel: means persons, including volunteers, licensed by the Department of Health to provide emergency medical treatment on behalf of an affiliated agency whose primary function is the provision of emergency medical treatment. See
• Emergency medical services: means an integrated system of personnel, equipment, communication, and services to provide emergency medical treatment. See
• Emergency medical services district: means a political subdivision established to facilitate the provision of pre-hospital emergency medical treatment within a given area. See
• Emergency medical treatment: means pre-hospital, in-hospital, and interhospital medical treatment rendered by emergency medical personnel given to individuals who have experienced sudden illness or injury in order to prevent loss of life, the aggravation of the illness or injury, or to alleviate suffering. See
• Employee: means the following persons employed on a regular basis by a school district or by a supervisory union for no fewer than 1,040 hours in a year and for no fewer than 30 hours a week for the school year, as defined in 16 V. See
• Employer: means a municipality, a library at least one-half of whose operating expenses are paid from municipal funds, or a supervisory union. See
• Enforcing officer: means the head, or his or her duly authorized representative, of the division, bureau, office, department, or agency responsible for enforcing and administering any ordinance or regulation adopted under this chapter. See
• Equilibrium condition: means the width, depth, meander pattern, and longitudinal slope of a stream channel that occurs when water flow, sediment, and woody debris are transported by the stream in such a manner that it generally maintains dimensions, pattern, and slope without unnaturally aggrading or degrading the channel bed elevation. See
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Executor: A male person named in a will to carry out the decedent
• Farm tractor: means a traveling power plant or a self-propelled device that functions as part of crop production, harvesting, feeding, or livestock management or is used for drawing a farm trailer as defined in subdivision (69) of this section. See
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• First responder service: means a person licensed by the Department of Health to provide emergency medical treatment. See
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fluvial erosion: means the erosion or scouring of riverbeds and banks during high flow conditions of a river. See
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Forest block: means a contiguous area of forest in any stage of succession and not currently developed for nonforest use. See
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Grantor: The person who establishes a trust and places property into it.
• Group A member: means a person employed by a participating municipality who does not elect to become a Group B, C, or D member under section 5068 of this title or does not become a Group B or C member pursuant to a collective bargaining agreement. See
• Group B member: means a person employed by a municipality who elects to become a Group B member under section 5068 of this title or becomes a Group B member pursuant to a collective bargaining agreement. See
• Group C member: means a person employed by a municipality who elects to become a Group C member under section 5068 of this title or becomes a Group C member pursuant to a collective bargaining agreement. See
• Group D member: means a person employed by a participating municipality who elects to become a Group D member under section 5068 of this title. See
• Habitat connector: means land or water, or both, that links patches of wildlife habitat within a landscape, allowing the movement, migration, and dispersal of animals and plants and the functioning of ecological processes. See
• Hazard area: means land subject to landslides, soil erosion, fluvial erosion, earthquakes, water supply contamination, or other natural or human-made hazards as identified within a "local mitigation plan" enacted under section 4424 of this title and in conformance with and approved pursuant to the provisions of 44 C. See
• Impact fee: means a fee levied as a condition of issuance of a zoning or subdivision permit that will be used to cover any portion of the costs of an existing or planned capital project that will benefit or is attributable to the users of the development or to compensate the municipality for any expenses it incurs as a result of construction. See
• inhabitants: shall mean the population of the political division referred to, as ascertained by the national census last completed before the time when such population is a material fact. See
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Land development: means the division of a parcel into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any building or other structure, or of any mining, excavation, or landfill, and any change in the use of any building or other structure, or land, or extension of use of land. See
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legislative body: means "legislative body" as defined in section 2001 of this title. See
• Legislative body: means the selectboard in the case of a town, the trustees in the case of an incorporated village, and the mayor, alderpersons, and city council members in the case of a city, and the supervisor in the case of an unorganized town or gore. See
• Legislative body: means the board of supervisors, board of commissioners, or other governing board of a solid waste management district. See
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• maximum allowance: means the sum of the annuity and the pension. See
• Medical Board: means the board of physicians provided for in section 5062 of this title. See
• Medical control: means the entire system of quality assurance and medical accountability for basic and advanced emergency medical treatment as prescribed by this chapter. See
• Medical facilities: means a hospital providing emergency services to an emergency medical services district. See
• Member: means any employee included in the membership of the Retirement System under section 5053 of this title. See
• Month: shall mean a calendar month and "year" shall mean a calendar year and be equivalent to the expression "year of our Lord. See
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Motor bus: shall include any motor vehicle with a seating capacity of more than seven persons, other than a street car, operated upon the public streets and highways along a regular route, and in such operation receiving, discharging, and transporting passengers for hire. See
• Motor truck: means any motor vehicle designed primarily for the transportation of property and shall be construed to include truck tractor-semitrailer and truck tractor-semitrailer-trailer combinations. See
• Motor vehicle: includes all vehicles propelled or drawn by power other than muscular power, except farm tractors, vehicles running only upon stationary rails or tracks, motorized highway building equipment, road making appliances, snowmobiles, tracked vehicles, motor-assisted bicycles, electric bicycles, or electric personal assistive mobility devices. See
• Municipality: means a city, town, or incorporated village. See
• Municipality: means a city, town, county, incorporated village, fire district, consolidated water district, housing authority, union municipal district, school district, incorporated school district, union school district, or any of their instrumentalities. See
• Municipality: means a town, a city, or an incorporated village or an unorganized town or gore. See
• Municipality: means a town, a city, or an incorporated village or an unorganized town or gore. 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
• National Flood Insurance Program: means the National Flood Insurance Program under 42 U. See
• Necessity: means a reasonable need which considers the greatest public good and the least inconvenience and expense to the condemning party and to the property owner. See
• Nonconforming use: means use of land that does not conform to the present bylaws but did conform to all applicable laws, ordinances, and regulations prior to the enactment of the present bylaws, including a use improperly authorized as a result of error by the administrative officer. See
• Normal retirement date: means :

• Nursery dealer: means any person who is in the business of selling, installing, or distributing nursery stock for commercial gain. See
• Nursery grower: means any person engaged in growing, propagating, or production of nursery stock for commercial gain. See
• Nursery license: means the license issued to nursery dealers or nursery growers under section 4024 of this title. See
• Nursery stock: means all woody or herbaceous shrubs, trees, plants, and vines, including bulbs and rhizomes as well as buds, grafts, scions, and other parts capable of propagation whether wild, cultivated, or grown under artificial covering. See
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Offsite mitigation: means permanent protection of land not necessarily adjacent to the development site and which compensates for the impact of the development. See
• Operator: shall include all persons 18 years of age or over properly licensed to operate motor vehicles. See
• Owner: shall include any person, corporation, co-partnership, or association holding legal title to a motor vehicle or having exclusive right to the use or control thereof for a period of 30 days or more. See
• Pension: means annual payments for life derived from contributions by the State and municipality. See
• Person: includes any natural person, corporation, association, co-partnership, company, firm, or other aggregation of individuals. See
• Person: means any person, firm, partnership, association, corporation, municipality, or political subdivision, including emergency medical services districts as provided for in this subchapter. See
• Person: means an individual, a corporation, a partnership, an association, and any other incorporated or unincorporated organization or group. See
• Personal estate: shall include all property other than real estate. See
• Personal property: All property that is not real property.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plan: means a municipal plan adopted under section 4385 of this title. See
• Planned unit development: means one or more lots, tracts, or parcels of land to be developed as a single entity, the plan for which may propose any authorized combination of density or intensity transfers or increases, as well as the mixing of land uses. See
• Planning commission: means a planning commission for a municipality created under subchapter 2 of this chapter. See
• Pleasure car: shall include all motor vehicles not otherwise defined in this title. See
• plug-in electric vehicle: includes both a "battery electric vehicle" and a "plug-in hybrid electric vehicle" where:

• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Property: means real estate. See
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public road: means a State highway as defined in 19 V. See
• Quorum: The number of legislators that must be present to do business.
• real estate: shall include lands, tenements, and hereditaments and all rights thereto and interests therein, and pews or slips in places of public worship shall be treated as real estate. See
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Recreational trail: means a corridor that is not paved and that is used for hiking, walking, bicycling, cross-country skiing, snowmobiling, all-terrain vehicle riding, horseback riding, and other similar recreational activity. See
• Regional plan: means a plan adopted under section 4348 of this title. See
• Regional planning commission: means a planning commission for a region created under subchapter 3 of this chapter. See
• Regular interest: means interest at such rate or rates as may be established from time to time by the Board as provided in subsection 5063(b) of this title. See
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Renewable energy resources: means energy available for collection or conversion from direct sunlight, wind, running water, organically derived fuels, including wood and agricultural sources, waste heat, and geothermal sources. See
• Retirement: means withdrawal from active service with a retirement allowance granted under the provisions of this chapter. See
• River: means the full length and width, including the bed and banks, of any watercourse, including rivers, streams, creeks, brooks, and branches which experience perennial flow. See
• River corridor: means the land area adjacent to a river that is required to accommodate the dimensions, slope, planform, and buffer of the naturally stable channel and that is necessary for the natural maintenance or natural restoration of a dynamic equilibrium condition and for minimization of fluvial erosion hazards, as delineated by the Agency of Natural Resources in accordance with river corridor protection procedures. See
• road: shall include bridges thereon and their approaches. See
• Rural town: means a town having, as at the date of the most recent U. See
• Safety glass: shall mean any product composed of safety glazing materials so manufactured, fabricated, or treated as substantially to prevent shattering and flying when struck or broken. See
• said: when used by way of reference to a person or thing shall apply to the same person or thing last mentioned. See
• School bus: means any motor vehicle used to transport children to or from school or in connection with school activities, except:

• served by municipal sewer and water infrastructure: means :

• Service: means service as an employee for which compensation is paid by an employer as defined in subdivision (11) of this section, service recognized under section 5054 of this title, or service prior to the effective date of the plan. See
• Sewage system: means "sewage system" as defined in subdivision 3501(6) of this title. See
• Should: means that an activity is encouraged but not mandated. See
• Special assessment: means a tax assessed against one or more properties receiving the benefit of a particular public improvement, as distinguished from a tax on the entire grand list of a municipality. See
• Statute: A law passed by a legislature.
• Structure: means an assembly of materials for occupancy or use, including a building, mobile home or trailer, sign, wall, or fence. See
• Summons: Another word for subpoena used by the criminal justice system.
• sworn: shall include affirmed. See
• System: means the Municipal Employees' Retirement System of Vermont, as defined in section 5052 of this title. See
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• town: shall mean village or city. See
• Town: shall include city and wards or precincts therein; "selectboard members" and "board of civil authority" shall extend to and include the mayor and aldermen of cities; "trustees" shall extend to and include bailiffs of incorporated villages; and the laws applicable to the inhabitants and officers of towns shall be applicable to the inhabitants and similar officers of all municipal corporations. See
• Tractor: shall include a motor vehicle designed or used primarily as a traveling power plant or for drawing other vehicles, and not so constructed as to carry any load other than a part of the weight of the vehicles and load so drawn, excepting, however, motorized highway building equipment. See
• Trailer: is a vehicle without motive power designed to be drawn by a motor vehicle, and so constructed that no part of its weight rests upon the towing vehicle excepting, however, road making appliances and transportation dollies, and "semi-trailer" is a vehicle without motive power, designed to be drawn by a motor vehicle, and so constructed that some part of its weight and that of its load rests upon or is carried by the towing vehicle, excepting, however, pole dinkeys, transportation dollies, and road making appliances. See
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on ^{Source: OCC}
• Type II school bus: means a school bus with a manufacturer's rated seating capacity of more than 10 and fewer than 16 passengers, including the operator. See
• Urban municipality: means a city, an incorporated village, or any town that is not a rural town. See
• Vermont Municipal Retirement Fund: means the fund created by section 5064 of this title, which shall contain the assets of the Retirement System and from which shall be paid the benefits due to beneficiaries and the expenses of the Retirement System. See
• Village: shall mean an incorporated village. See
• Volunteer personnel: means persons who are licensed by the Department of Health to provide emergency medical treatment on behalf of an affiliated agency without expectation of remuneration for the treatment rendered other than nominal payments and reimbursement for expenses, and who do not depend in any significant way on the provision of such treatment for their livelihood. See
• Water system: means "water system" as defined in subdivision 3341(b)(2) of this title without reference to any determination by the water commission. See
• Wetlands: means those areas of the State that are inundated by surface or groundwater with a frequency sufficient to support vegetation or aquatic life that depend on saturated or seasonally saturated soil conditions for growth and reproduction. See