§ 6083. Applications

(a) An application for a permit shall be filed with the District Commission as prescribed by the rules of the Board and shall contain at least the following documents and information:

(1) The applicant's name, address, and the address of each of the applicant's offices in this State, and, where the applicant is not an individual, municipality or State agency, the form, date, and place of formation of the applicant.

(2) Four copies of a plan of the proposed development or subdivision showing the intended use of the land, the proposed improvements, the details of the project, and any other information required by this chapter, or the rules adopted under this chapter.

(3) The fee prescribed by section 6083a of this title.

(4) Certification of filing of notice as set forth in 6084 of this title.

(b) An applicant or petitioner shall grant the Board or District Commission, or their agents, permission to enter upon the applicant's or petitioner's land for these purposes.

(c) Where an application concerns the extraction or processing of fissionable source material, before the application is considered the District Commission shall obtain the express approval of the General Assembly by act of legislation stating that extraction or processing of fissionable source material will promote the general welfare. The District Commission shall advise the General Assembly of any application for extraction or processing of fissionable source material by delivering written notice to the Speaker of the House of Representatives and to the President of the Senate, and shall make available all relevant material. The procedural requirements and deadlines applicable to permit applications under this chapter shall be suspended until the approval is granted. Approval by the General Assembly under this subsection shall not be construed as approval of any particular application or proposal for development.

(d) The Board and Commissions shall make all practical efforts to process matters before the Board and permits in a prompt manner. The Board shall establish time limits for the processing of land use permits issued under section 6086 of this title as well as procedures and time periods within which to notify applicants whether an application is complete. The Board shall report annually by February 15 to the General Assembly by electronic submission. The annual report shall assess the performance of the Board and Commissions in meeting the limits; identify areas which hinder effective performance; list fees collected for each permit; summarize changes made to improve performance; and describe staffing needs for the coming year. The annual report shall list the number of enforcement actions taken by the Board, the disposition of such cases, and the amount of penalties collected. The provisions of 2 V.S.A. § 20(d)(expiration of required reports) shall not apply to the report to be made under this subsection.

(e) The District Commissions shall give priority to municipal projects that have been mandated by the State through a permit, enforcement order, court order, enforcement settlement agreement, statute, rule, or policy.

(f) In situations where the party seeking to file an application is a State agency, municipality, or solid waste management district empowered to condemn the involved land or an interest in it, the application need only be signed by that party.

(g)(1) A District Commission, pending resolution of noncompliance, may stay the issuance of a permit or amendment if it finds, by clear and convincing evidence, that a person who is an applicant:

(A) is not in compliance with a court order, an administrative order, or an assurance of discontinuance with respect to a violation that is directly related to the activity which is the subject of the application; or

(B) has one or more current violations of this chapter, or any rules, permits, assurances of discontinuance, court order, or administrative orders related to this chapter, which, when viewed together, constitute substantial noncompliance.

(2) Any decision under this subsection to issue a stay may be subject to review by the Environmental Division, as provided by rule of the Supreme Court.

(3) If the same violation is the subject of an enforcement action under chapter 201 of this title, then jurisdiction over the issuance of a stay shall remain with the Environmental Division and shall not reside with the District Commission. (Added 1969, No. 250 (Adj. Sess.), §§ 8, 15, eff. April 4, 1970; amended 1979, No. 123 (Adj. Sess.), § 6, eff. April 14, 1980; 1987, No. 76, § 10; 1989, No. 276 (Adj. Sess.), § 17, eff. June 20, 1990; 1989, No. 279 (Adj. Sess.), § 3; 1991, No. 109, § 7, eff. June 28, 1991; 1995, No. 186 (Adj. Sess.), § 35, eff. May 22, 1996; 1997, No. 155 (Adj. Sess.), § 26; 2001, No. 40, § 4; 2003, No. 151 (Adj. Sess.), § 1; 2003, No. 115 (Adj. Sess.), § 52, eff. Jan. 31, 2005; 2007, No. 191 (Adj. Sess.), § 11; 2009, No. 146 (Adj. Sess.), § F21; 2009, No. 154 (Adj. Sess.), § 236; 2011, No. 139 (Adj. Sess.), § 10, eff. May 14, 2012; 2013, No. 11, §§ 13, 25.)