2005 Vermont Code - § 1218c. — Exempt municipalities with sewage ordinances

§ 1218c. Exempt municipalities with sewage ordinances

(a) This section applies only in municipalities which are exempt under section 1218b of this title and which have in effect a sewage disposal ordinance under 24 V.S.A. chapter 102 or a zoning ordinance under 24 V.S.A. chapter 117 that contains sewage standards equivalent to or more strict than those recommended by the department of environmental conservation, as determined by the commissioner.

(b) Before the creation of or at the time of the creation of a single lot subdivision in a municipality to which this section applies, there shall be filed with the town clerk, together with the property transfer return either:

(1) a waiver of development rights certificate; or

(2) a permit obtained under the requirements of the municipal sewage disposal ordinance; or

(3) a municipal sewer connection approval statement.

(c) The town clerk shall file the waiver, permit or sewer connection approval statement together with the property transfer return. A person who purposely or knowingly falsifies any statement in material required under this section is punishable as established in 32 V.S.A. § 9608 for falsification of property transfer returns.

(d) A waiver of development rights certificate under this section shall describe the affected parcel and shall be signed by the purchaser or grantee or by the legal representative of the purchaser or grantee of a single lot subdivision. It shall include the following statement:

"I will not construct or erect any structure or building on this parcel of land if the useful occupancy of that structure will require the installation of a sewage disposal system. However, I understand that this restriction does not apply if I first obtain a municipal sewage permit under 24 V.S.A. chapter 102, or a sewer connection approval under 18 V.S.A. § 1218e, or a municipal sewage permit under 24 V.S.A. chapter 117 from a municipality which has received the approval under 18 V.S.A. § 1218c(a) of the commissioner of the department of environmental conservation. This restriction runs with the land and binds me and my successors in interest."

(e) A person who files a waiver under this section may later remove restrictions imposed by this section by obtaining and filing an appropriate municipal sewage disposal permit or by filing a municipal sewer connection approval statement. Upon such a filing, the town clerk shall discharge the waiver.

(f) A person who violates this section by constructing or erecting, on a parcel of land for which a waiver is in effect under this section, a structure or building, for which useful occupancy requires the installation of a sewage disposal system shall be subject to the penalties in section 1219 of this title as well as to any penalties established by the municipality under 24 V.S.A. chapters 102 and 117. (Added 1983, No. 117 (Adj. Sess.), § 4; amended 1987, No. 76, § 18.)