2011 Vermont Code
Title 24 Municipal and County Government
Chapter 76A HISTORIC DOWNTOWN DEVELOPMENT
§ 2793 Designation of downtown development districts

§ 2793. Designation of downtown development districts

(a) A municipality, by its legislative body, may apply to the state board for designation of a downtown area within that municipality as a downtown development district. An application by a municipality shall contain a map that accurately delineates the district. The application shall also include evidence that the regional planning commission and the regional development corporation have been notified of the municipality's intent to apply, evidence that the municipality has published notice of its application in a local newspaper of general circulation within the municipality, and information showing that the district meets the standards for designation established in subsection (b) of this section. Upon receipt of an application, the state board shall provide written notice of the application to the natural resources board. The natural resources board and interested persons shall have 15 days after notice to submit written comments regarding the application before the state board

issues a written decision that demonstrates the applicant's compliance with the requirements of this chapter.

(b) Within 45 days of receipt of a completed application, the state board shall designate a downtown development district if the state board finds, in its written decision, that the municipality has:

(1) demonstrated a planning commitment through the adoption of a design review district, an historic district, or through the creation of a development review board authorized to undertake local Act 250 reviews pursuant to section 4420 of this title;

(2) provided a community reinvestment agreement that has been executed by the authorized representatives of the municipal government, business and property owners within the district, and community groups with an articulated purpose of supporting downtown interests, and that contains the following provisions:

(A) a delineation of the area that meets the requirements set forth in subdivision 2791(3) of this title and that is part of or contains a district that is listed or eligible for listing on the National Register of Historic Places pursuant to 16 U.S.C. { 470a;

(B) a capital improvement plan to improve or preserve public infrastructure within the district, including facilities for public transit, parking, pedestrian amenities, lighting and public space;

(C) a source of funding and resources necessary to fulfill the community reinvestment agreement, demonstrated by a commitment by the legislative body of the municipality to implement at least one of the following:

(i) a special assessment district created to provide funding to the downtown district;

(ii) authority to enter into a tax stabilization agreement for the purposes of economic development in a downtown district;

(iii) a commitment to implement a tax incremental financing district pursuant to subchapter 5 of chapter 53 of this title; or

(iv) other multiple-year financial commitments among the parties subject to the approval of the state board;

(D) an organizational structure necessary to sustain a comprehensive long-term downtown revitalization effort, including a local downtown organization as defined under subdivision 2791(5) of this title;

(E) evidence that any private or municipal sewage system and private or public water supply serving the proposed downtown district is in compliance with the requirements of chapters 47 and 56 of Title 10, and that the municipality has dedicated a portion of any unallocated reserve capacity of the sewage and public water supply for growth within the proposed downtown district. Any municipality proposing a municipal sewage system and public water supply to serve the proposed downtown district shall provide evidence to the state board of a commitment to construct or maintain such a system and supply in compliance with requirements of chapters 47 and 56 of Title 10, or a commitment to construct, as applicable, a permittable potable water supply, wastewater system, indirect discharge or public water supply within no more than ten years. A commitment to construct does not relieve the property owners in the district from meeting the applicable regulations of the agency of natur

al resources regarding wastewater systems, potable water supplies, public water supplies, indirect discharges, and the subdivision of land. In the event that a municipality fails in its commitment to construct a municipal sewage system and public water supply, the state board shall revoke designation, unless the municipality demonstrates to the state board that all good faith efforts were made and continue to be made to obtain the required approvals and permits from the agency of natural resources, and failure to construct was due to unavailability of state or federal matching loan funds;

(3) a planning process confirmed under section 4350 of this title.

(c) The state board shall review a community's designation every five years and may review compliance with the designation requirements at more frequent intervals. If at any time the state board determines that the downtown development district no longer meets the standards for designation established in subsection (b) of this section, it may take any of the following actions:

(1) Require corrective action.

(2) Provide technical assistance through the Vermont downtown program.

(3) Limit eligibility for the benefits established in section 2794 of this chapter without affecting any of the district's previously awarded benefits.

(4) Remove the district's designation without affecting any of the district's previously awarded benefits. (Added 1997, No. 120 (Adj. Sess.), { 1; amended 2001, No. 114 (Adj. Sess.), §§ 1a-3, eff. May 28, 2002; 2003, No. 115 (Adj. Sess.), { 79, eff. Jan. 31, 2005; 2007, No. 147 (Adj. Sess.), { 2, eff. May 16, 2008.)