Article 11: ADMINISTRATION AND ENFORCEMENT

11.01 Applicability of Vermont Planning and Development Act.

The provisions of Chapter 117, Title 24 Vermont Statutes Annotated, known as the Vermont Planning and Development Act, shall apply to the administration and enforcement of these regulations, the effect of the adoption of these regulations, the appointment and powers of the Administrative Officer, the requirement for zoning permits, sign permits, subdivision approvals, and certificates of occupancy/compliance, penalties and remedies, administration and finance, public notice, appeals and granting of variances and other related matters; provided, however, the commencement and prosecution of a violation of these Development Regulations by the issuance of a municipal civil complaint ticket shall be governed by Chapter 59 of Title 24 Vermont Statutes Annotated and Chapter 29 of Title 24 Vermont Statutes Annotated.

11.03 Zoning Permits, Sign Permits, Water & Wastewater Permits, and Subdivisions Approvals.

11.03–A  Zoning Permit Required. No land development, accessory apartment, daycare facility, nursing care home, non-residential change of occupancy, home business or occupation may be commenced without a zoning permit issued by the Administrative Officer.

(1)     No zoning permit may be issued by the Administrative Officer except in conformance with these regulations and the provisions of the Vermont Planning and Development Act.

(2)     Any applicant for a zoning permit shall provide the Administrative Officer with any and all information the Administrative Officer deems necessary to ascertain compliance with these Development Regulations in digital format in accordance with Appendix G herein unless waived by the Director of Planning & Zoning.

(3)     The land owner and, where applicable, building owner of the property shall sign the permit application or a letter of agency shall be submitted with the application demonstrating that the applicant may sign on the behalf of the owner(s).

(4)     Such permit shall not be effective until the time for appeal has expired, or such appeal has been adjudicated, in accordance with the with 24 V.S.A. Section 4465.

11.03–B  Water & Wastewater Permit Required. No individual subsurface sewage disposal system, no shared or community subsurface sewage disposal system shall be constructed, altered or used except in conformance with the State of Vermont Environmental Protection Rules Chapter 1 as amended from time to time. No permit for the construction of any building to be used for human habitation or for the alteration of any building so as to render it usable for human habitation shall be issued unless:

(1)     Each dwelling unit is connected to either a municipal sewer main or an approved and permitted private sewage disposal system and;

(2)     The plan demonstrates the availability of one toilet, one bathroom sink, one tub or shower bath and one kitchen-type sink, all plumbed into the permitted wastewater disposal system.

11.03–C   Sign Permit Required.  It shall be unlawful for any person to erect, alter or relocate within the Town of Colchester any sign as defined in this Ordinance, without first obtaining a sign permit from the Administrative Officer in digital format in accordance with Appendix G herein. The land owner and, where applicable, building owner of the property shall sign the permit application or a letter of agency shall be submitted with the application demonstrating that the applicant may sign on the behalf of the owner(s).  Any sign not expressly permitted by, or exempted from, the provisions of this Ordinance is prohibited. Permanent sign permits shall not be effective until the time for appeal has expired, or such appeal has been adjudicated, in accordance with the with 24 V.S.A. Section 4465.

11.03–D  Subdivision Approval Required.  No subdivision may be commenced without final approval issued by the Development Review Board. Any applicant for subdivision shall provide the Administrative Officer with any and all information the Administrative Officer deems necessary to ascertain compliance with these Development Regulations in digital format in accordance with Appendix G herein unless waived by the Director of Planning & Zoning. The land owner and, where applicable, building owner of the property shall sign the application or a letter of agency shall be submitted with the application demonstrating that the applicant may sign on the behalf of the owner(s). Such approval shall not be effective until the time for appeal has expired, or such appeal has been adjudicated, in accordance with the with 24 V.S.A. Section 4465.

11.04 Certificates of Occupancy

It shall be unlawful to use, occupy or permit the use or occupancy of any land or structure or part thereof created, erected, changed, converted, or wholly or partly altered or enlarged in its use until the Administrative Officer or designee issues a certificate of occupancy.

(1)     For land development permitted in accordance with a DRB approval, the built conditions must meet all stipulations enumerated in the Findings of Fact and Order.

(2)     For wastewater disposal systems and new potable water supplies, the applicant must provide all associated design certifications, inspection reports and test results as may be required by any state or local permits.

(3)     The issuance of a zoning permit shall not imply that a state approved water supply or wastewater system will be free of malfunction. The provisions of this section shall not create liability on the part of the municipality or any municipal official.

11.04–B  Temporary Certificates of Occupancy.

(1)     The Administrative Officer may issue a temporary certificate of occupancy provided the applicant can demonstrate that the site complies with related approvals to the fullest extent possible, barring uncontrollable factors such as:

(a)      Seasonal weather conditions that have delayed installation of required landscaping;

(b)    Inclement or seasonal weather that has delayed required final line paving. In this case, temporary paint markings are still required to the extent necessary to facilitate safe and orderly parking and circulation;

(c)     At the sole discretion of the Administrative Officer, seasonal conditions preventing comprehensive review of the site’s compliance with its related plan and approval.  

(2)     The temporary certificate of occupancy shall remain in effect for a period not to exceed six (6) months at which time the applicant must obtain a certificate of occupancy as provided in Section 11.04-A. No more than one (1) temporary certificate of occupancy may be granted at the applicant’s request. The property will be considered in violation of these Regulations if a timely certificate of occupancy is not sought and obtained.

11.05 Expiration of Permits and Approvals.

11.05–A  Zoning Permits and Sign Permits

A zoning permit or sign permit shall expire eighteen (18) months from the date of issuance unless fifty (50) percent of the work to be done under it shall have been completed, or 50% of the budget for the work has been committed, and the work is continuing during such period.  The Administrative Officer may extend the permit for a specified period (not to exceed twelve (12) months) upon finding of objective evidence of the intent and effort to pursue the project for which the permit was issued.

11.05–B  Other Approvals.

(1)     An applicant must obtain a zoning permit for work approved under conditional use, variance, or site plan application within one year from the date of issuance of final approval of said application, except as modified or extended pursuant to Article Eight, or else the approval is null and void. 

(2)     Approval of subdivisions shall expire unless the plat is duly recorded in mylar form with the office of the Town Clerk within one hundred eighty (180) days from the date of findings of fact and order approval after being signed by the Chair of the Development Review Board in the Title Block for Subdivision.

11.06 Fees.

11.07 Violations; Prosecution; Penalties.

A violation of these regulations shall constitute a civil ordinance violation. Each day that a violation continues shall constitute a separate offense. Offenses may be prosecuted through the issuance of a municipal civil complaint ticket or the commencement of an enforcement action as described below.

11.07–A  Municipal Civil Complaint Ticket.

Pursuant to 24 V.S.A. Chapter 59 and 24 V.S.A. Chapter 29, any designated enforcement officer, as referenced in section 11.02 above, may commence prosecution for any zoning violation by serving two copies of a municipal civil complaint ticket either in person or by first class mail on the alleged offender, and thereafter promptly filing the original with the Judicial Bureau. The issuing officer shall follow the procedure set forth by the Judicial Bureau for municipal complaint tickets.  The first offense ticketed for a violation shall be punishable by a fine of two hundred dollars ($200.00), the waiver fee shall be one hundred dollars ($100.00); a second offense ticketed for the same violation shall be punishable by a fine of four hundred dollars ($400.00), the waiver fee shall be two hundred dollars ($200.00); a third offense ticketed for the same violation shall be punishable by a fine of eight hundred dollars ($800.00), the waiver fee shall be four hundred dollars ($400.00).  Upon the fourth offense, the Town may request that the case be transferred from the Judicial Bureau to the Environmental Court, or any other court of competent jurisdiction.

11.07–B  Enforcement Action under 24 V.S.A. Chapter 117.

An enforcement action may be brought under 24 V.S.A. Section 4451 for any violation of this ordinance. Pursuant to an enforcement action, any person who violates this ordinance shall be fined not more than two hundred dollars ($200) for each offense. No action may be brought under this subsection unless the alleged offender has had at least seven (7) days' warning notice by certified mail. An action may be brought without the seven (7) day notice and opportunity to cure if the alleged offender repeats the violation of the by-law or ordinance after the seven (7) day notice period and within the next succeeding twelve (12) months. The seven (7) day warning notice shall state that a violation exists, that the alleged offender has an opportunity to cure the violation within the seven (7) days and that the alleged offender will not be entitled to an additional warning notice for a violation occurring after the seven (7) days. In default of payment of the fine, such person, the members of any partnership, or the principal officers of such corporation, shall each pay double the amount of such fine. Each day that a violation is continued shall constitute a separate offense. All fines collected for the violation of these regulations shall be paid over to the Town.

11.07–C   Unsafe Signs.

Any sign that is unsafe or insecure, or is a menace to the public, or has been constructed, erected or is being maintained in violation of the provisions of this Ordinance, the owner of the property shall be duly notified per either subsection A or B above and provided such opportunity to cure the violation.  If the owner fails to cure the violation within the time set forth in the notice, the Administrative Officer may order said sign to be removed at the expense of the owner of the property upon which it is located.  The Administrative Officer may cause any sign which is an immediate peril to person or property, to be removed without notice.

11.08 Revocations of Permits.

Omission or misstatement of any material fact by applicant or agent stated on the application or at any hearing, which would have warranted refusing the permit, shall be grounds for the Administrative Officer or designee to revoke the permit at any time.

11.09 Appeals.

Appeals in the case of the issuance of a ticket under Section 11.07(A) above shall be governed by the provisions of 24 V.S.A. Chapter 29.  The provisions of Title 24 Vermont Statutes Annotated, Chapter 117, shall govern all other appeals.  All appeal applications shall be submitted in accordance with Appendix G herein.

11.10 Records Maintenance

The Colchester Department of Planning and Zoning shall be responsible for the maintenance of the public records and documents associated with the administration and enforcement of these regulations per 1 V.S.A. Sections 310 to 320 including but not limited to:

11.10–A  All Findings of Fact and Order including but not limited to Variances, Conditional Uses, Site Plans, Subdivisions, Appeals of the Administrator’s Decisions, Certificates of Appropriateness as rendered by the Development Review Board;

11.10–B  Zoning Violations;

11.10–C   All permits issued under these regulations;

11.10–D  Elevation Certificates with as-built elevations (consistent with the datum of the elevation on the current Flood Insurance Rate Maps) of the lowest floor, including basement, of all new, substantially improved or flood proofed structures in the Flood Plain District;

11.10–E   All flood proofing and other certifications required per Section 6.03 herein.