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HomeMy WebLinkAboutAgenda 11D_2019-03-29 draft DRB Rules of Procedure redline Page 1 SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD Rules of Procedure Section I: Authority. The Development Review Board of the City of South Burlington hereby adopts the following rules of procedure (hereinafter referred to as these Rules) in accordance with 24 V.S.A. §§§ 4461(a), 4464 and 4468 and 1 V.S.A. §§§ 312(e), (f), and (h).. Section II: Policy. These Rules are adopted to ensure consistent and fair treatment of applicants and, interested persons, and other participants, orderly and efficient development review and public proceedings, and compliance with state and federal law. These Rules shall also ensure that no board member will gain a personal or financial advantage from his or her work for the board, and so that the public trust in municipal government will be preserved. Section III: Definitions. A. Words, terms and phrases specifically defined in the City of South Burlington Conflict of Interest and Ethics Policy for Elected and Appointed Officials, as revised from time to time, shall have the same meaning in these Rules unless another meaning is clearly indicated. B. "Board" means the Development Review Board. C. "Board member" means a regular or alternate member of the Development Review Board. D. “Deliberative session" means a private session of the boardBoard to weigh, examine, and discuss the reasons for and against an act or decision, from which the public is excluded. There A deliberative session does not require prior public notice or the taking of minutes and shall be nonot include the taking of evidence or submission of testimony, nor need a deliberative session be publicly noticed. By motion and majority vote, the boardthe arguments of parties. The Board may enter deliberative session during a hearing to consider a matter before it. E. "Executive session" means a session of a public body from which the public is excluded, pursuant to 1 V.S.A. § 313. Such privateThe Board may hold an executive session may only be held for oneafter motion and affirmative vote of a majority during the reasonscourse of an open meeting and only to consider the matters permitted by the statute, and noState law. The Board may not take binding action may be taken in executive session. F. "Public deliberations" means the weighing, examining, and discussing, in a public proceeding, the reasons for and against an act or decision, but expressly excludes the taking of evidence and the arguments of parties. Page 2 Section IV: Regular Officers. The Development Review Board shall consist of seven (7) regular members. As soon as is practical following the annual City Council appointments, or as needed at other times throughout the year as needed, the Development Review Board shall hold an organizational meeting and elect, by affirmative vote of a majority vote,, elect a Chair, Vice Chair and Clerk. A. The Chair shall preside at all meetings, hearings, and deliberations, decide all points of order or procedure, and appoint Board members to any committee of the boardBoard. The Chair may administer oaths and may request the attendance of witnesses and the production of material germane to any issue under consideration. B. The Vice Chair shall assume the duties of the Chair whenever the Chair is absent, or at the Chair's request. The Clerk shall assume such duties whenever the Chair and the Vice Chair are absent, or at their request. C. It shall be the duty of all Board members to review the minutes and other official records of Development Review Board meetings and actions, and correct and ratify these when appropriate and necessary. D. The Clerk shall take minutes of all meetings, unless delegated to staff. Section V: Regular and Special Meetings. RegularThe schedule for regular meetings to conduct the business of the Board shall be held at a time and place to be determined by the Development Review Board shall be held in the City Hall at 7:00 p.m. on the first and third Tuesdays of the monthat their annual reorganizational meeting, or as warranted. The regular meeting schedule shall be posted and available to the public. The Chair may cancel meetings at any time. A. Special meetings may be called by the Chair, provided at least 24 hours -notice is given to each boardBoard member and the time and place of each special meeting is publicly announced at least 24 hours before the meeting. B. A quorum shall consist of a majority of the entire boardBoard. C. Members Board members may attend and participate by telephone as long as the absent member can hear everything that is occurring at the in a meeting and everyoneby electronic or other available means without being physically present at the meeting can hearlocation as long as such Board members can hear the conduct of the meeting and be heard by persons attending the boardmeeting. 1. Each Board member who attends a meeting by electronic or other means shall identify him or herself when the meeting is convened. Page 3 2. If a member. is participating by electronic or other means, any vote of the Board that is not unanimous shall be taken by roll call. D. All meetings shall be open to the public unless the board, by majority vote,Board has entered aeither deliberative or executive session. The board may only hold an executive session pursuant to the reasons permitted by 1 V.S.A. § 313, and only after a majority vote to enter executive session. E. There shall be an agenda for each meeting, with time allotted forenumerating each item or group of items to be considered. The Chair shall determine the content of the agenda. F. All business shall be conducted in the same order as it appears on the agenda, except that by consent of a majority of the boardBoard, the Chair may alter the order of items to be considered and/or the time allotted to the agenda items to be considered. G. The Chair shall rule on all questions of order or procedure and shall enforce these rulesRules pursuant to 1 V.S.A. § 312(h). H. Notice for hearings on the adoption, amendment, or repeal of the bylaw and other regulatory tools shall be pursuant to 24 V.S.A. § 4444, as amended. Section VI: Role of Advisory Committees. From time to time, the Board may establishadopt guidelines or procedures describing the process and amend, by appropriate resolution, a policystructure for committee reviewadvisory committees in support of land development applications.the Development Review Board’s work. Section VII: Public Hearings and Order of Business. Public hearings shall be conducted as quasi-judicial proceedings pursuant to 1 V.S.A. § 310(5)(B). Hearings. Notice of public hearings shall be publicly noticedgiven in accordance with 24 V.S.A. §§§ 4464(a)(l), (2), as amended. The Chair shall conduct the hearing in the following manner: A. Open the hearing by reading the warning of the hearing. B. Review the order of events, remind all present that the proceeding will be conducted in an orderly manner, and make copies of these Rules available. C. Request disclosure of conflicts of interest, including any ex parte communications. D. Review the definition of interested persons in 24 V.S.A. § 4465(b). The Chair may direct attendees to a written description of interested persons, which will be available in the meeting room. E. Explain that, pursuant to 24 V.S.A. § 4471(a), only an interested person who has participated Page 4 in this proceeding may take an appeal of any decision issued inon this proceedingmatter. F. Ask all who believe they meet the definition of interested person to identify themselves and to provide contact information. The boardBoard shall only make determinations as to party status only in proceedings for appeals of administrative officer decisions. As these Rules do not differentiate between persons with interested person status and those without, anyone seeking to participate in a proceeding may do so, subject to these Rules and those established by the Chair. Members of the public who are not interested persons may offer comment on an application, after recognition by the Chair. The Chair shallmay, at the beginning of a hearing, limit such public comment to three (3) minutes a specific amount of time per speaker, unless by consent of a majority of the board, the board sets a different time limit. The boardBoard shall apply consistent time limits to alleach recognized to speakspeaker. G. Direct the applicant or his/her representative and all interested persons to step forward and take the following oath: I hereby swear that the evidence I give in the cause under consideration shall be the whole truth and nothing but the truth so help me God (or, under the pains and penalties of perjury). H. Accept written information presented to the board. IH. Invite the applicant or applicant's representative to present such application or proposal. In appeals of administrative officer decisions, invite the administrative officer to explain the decision, the basis therefor, and any other relevant information. JI. Invite boardBoard members to ask questions of the applicant or applicant's representative., or, in an appeal, the administrative officer. J. Accept written information presented to the Board. K. Invite interested persons and members of the public to present their information or arguments regarding the application or proposal. L. Invite the applicant or applicant's representative or, in an appeal, the administrative officer, to respond to information presented by others. M. Invite more questions or comments from Board members of the board. N. Invite more questions from interested persons and members of the public. O. Allow final comments or questions from the applicant or his/herapplicant’s representative or, in an appeal, the administrative officer, and/or from Board members of the board.. P. Upon motion and affirmative vote of a majority approval, the Chair shall either adjourn the hearing to a date and time certain, or closeend the proceedingsproceeding by stating that this is the final public hearing on the matter. is closed. The Board may also take the action to adjourn the hearing to a date and time certain at any time during the process outlines above, and may break for a deliberative session at any time. Page 5 Section VIII: Site Visits. Site visits shall be open to the public; however, no testimony, but shall be taken and nonot include the taking of evidence, the arguments of parties or any other ex parte communication shall occurcommunications. Site visits shall be held pursuant to the following conditions: A. If, prior to a hearing, the Chair determines that a site visit will be necessary, the site visit shall be scheduled immediately prior to ameet public hearing. Such site visits shall be publicly noticed in accordance withnotice requirements of 24 V.S.A. §§§ 4464(a)(l), (2). B. If necessary, the boardBoard may recess a hearing to conduct a site visit at a property which is the subject of an application before the boardBoard. C. If necessary, the boardBoard may adjourn a hearing to a date and time certain to conduct a site visit at a property which is the subject of an application before the boardBoard. D. The minutes of the proceeding shall reflect that the Board held a site visit was held, who was presentattended the site visit, and the nature and duration of the site visit. Section IX: Service List. The staffStaff shall create a list of all individuals who participated. in a hearing. The list shall include all those who participated orallyoffered, through oral or written testimony, evidence, comment and those who participated in writing./or a statement of concern related to the matter that is the subject of the hearing. All decisions of the boardBoard shall be mailed to those on the list. The list shall include: A. The names of those who participated in the proceedings. B. The nature and content of each such person’s participation by those who participated. C. The mailing address of each of these persons. Section X: Decisions. Members of the board Board members who have not heard all testimony and reviewed all evidence submitted for a particular application or proposalmatter shall not participate in that proceeding. or the decision on that matter. Absent boardBoard members may participate if they have reviewed the audiotapeminutes of the proceedingsmeetings over which the hearing extended, and any evidence submitted. The following rules shall apply to voting on decisions: A. A. The Board need not adopt a written decision at or during an open meeting. Decisions will be made available for public inspection and copying. A.B. Motions shall be made in the affirmative. Page 6 B. C. The Chair has the same voting rights as all Board members and canmay make motions. C. D. A motion and a second shall be required for a motion to have the floor. D. All members E. Each Board member who may participate in a decision and is present arefor the vote is expected to vote unless they haves/he has recused themselvesher or himself. E. F. Abstentions are strongly discouraged and shall not count towards either the affirmative vote of a majority or the negative vote of the minority. F. G. For a motion to pass, it must receive the concurrence of a majority of the entire boardBoard, regardless of how many Board members are present. See 1 V.S.A. § 172; 24 V.S.A. § 4461(a). G. H. The boardBoard shall issue a decision within 45 days of the finalclose of the public hearing on a matter. Section XI: Removal. Upon affirmative vote of a majority vote, the boardBoard may request that the legislative body remove a boardBoard member from the Development Review Board. Board members may be removed for cause by the legislative body upon written charges and after public hearing. 24 V.S.A. § 4460(c). Section XII: Amendments. These rulesRules may be amended at any regular or special meeting by an affirmative vote of a majority vote, provided that each Development Review Board member has been presented with a written copy of the proposed amendment(s) at least 24 hours before the meeting at which the vote is taken. Adopted by the Development Review Board on the _____ day of March________________, 2019. _____________________________________________ William Miller, Chair, Development Review Board First adopted August 7, 2012; amended March 529, 2019.