Vermont § 2793b - Designation of new town center development districts [Repealed effective July 1, 2034]

§ 2793b. Designation of new town center development districts [Repealed effective July 1, 2034]

• (a) A municipality, by its legislative body, may apply to the State Board for designation
  of an area within that municipality as a new town center development district, provided
  no traditional downtown or new town center already exists in that municipality. (1) The State Board shall not approve an application filed by a municipality on or after
  July 1, 2014 unless the municipality has stated in its town plan that it intends to
  apply for designation under this section, and the town plan explains how the designation
  would further the plan’s goals and the goals of section 4302 of this title. (2) A preapplication meeting shall be held with Department staff before an application
  is filed to review the program requirements and to identify possible designation boundaries.
  The meeting shall be held in the municipality unless another location is agreed to
  by the municipality. (3) An application for designation shall contain a map that delineates the boundaries
  of the proposed district and is consistent with the guidelines produced by the Department
  under subsection 2792(d) of this title. The application shall also demonstrate that the proposed district meets the requirements
  set forth in subdivision 2791(11) of this title, as well as the standards for designation established in subsection (b) of this section.
  The application shall verify that the regional planning commission and the regional
  development corporation have been notified of the municipality’s intent to apply for
  designation. (b) At the first meeting of the State Board held after 45 days of receipt of a completed
  application, the State Board shall designate a new town center development district
  if the State Board finds, with respect to that district, the municipality has: (1) A confirmed planning process under section 4350 of this title, developed a municipal center plan, and adopted bylaws and ordinances that implement
  the plan, including an official map, and a design review district created under this
  title or other regulations that adequately control the physical form and scale of
  development. (2) Provided a community investment agreement that has been executed by authorized representatives
  of the municipal government, businesses and property owners within the district, and
  community groups with an articulated purpose of supporting downtown interests, and
  contains the following: (A) A map of the designated new town center. The total area of land encompassed within
  a designated new town center shall not exceed 125 acres. In a municipality with a
  population greater than 15,000, the total area of land encompassed within a designated
  new town center may include land in excess of 125 acres, provided that the additional
  area is needed to facilitate the redevelopment of predominantly developed land in
  accordance with the smart growth principles defined under subdivision 2791(13) of this title and shall not exceed 175 acres. (B) Regulations enabling densities that are not less than four dwelling units, including
  all identified residential uses or residential building types, per acre and not less
  than those allowed in any part of the municipality not within an area designated under
  this chapter. (C) Regulations enabling multistory and mixed use buildings and mixed uses which enable
  the development of buildings in a compact manner. (D) A capital improvement program, or a capital budget and program under this title, showing
  a clear plan for providing public infrastructure within the center, including facilities
  for drinking water, wastewater, stormwater, public space, lighting, and transportation,
  including public transit, parking, and pedestrian amenities. (E) A clear plan for mixed income housing in the new town center. (F) Evidence that civic and public buildings do exist, or will exist in the center, as
  shown by the capital improvement plan or the capital budget and program, and the official
  map. (G) [Repealed.] (H) Evidence that any private or municipal sewage system and private or public water supply
  serving the proposed new town center are in compliance with the requirements of 10 V.S.A. chapters 47 and 56, and that the municipality has dedicated a portion of any unallocated reserve capacity
  of the sewage and public water supply necessary to support growth within the proposed
  new town center. Any municipality proposing a municipal sewage system and public water
  supply to serve the proposed new town center shall provide evidence to the State Board
  of a commitment to construct or maintain such a system and supply in compliance with
  requirements of 10 V.S.A. chapters 47 and 56, 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 new
  town center from meeting the applicable regulations of the Agency of Natural Resources
  regarding wastewater systems, potable water supplies, public water supplies, indirect
  discharges, and the subdivision of land. In the event a municipality fails in its
  commitment to construct a municipal sewage system or public water supply, or both,
  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 sufficient State or federal funding. (c)(1) Upon designation by the State Board under this section as a new town center, a new
  town center and projects in a new town center shall be eligible for the authority
  to create a special taxing district, pursuant to chapter 87 of this title, for the
  purpose of financing both capital and operating costs of a project within the boundaries
  established through new town center designation. (2) Whenever the Commissioner of Buildings and General Services or other State officials
  in charge of selecting a site are planning to lease or construct buildings suitable
  to being located in a new town center after determining that the option of utilizing
  existing space in a downtown development district, pursuant to subdivision 2794(a)(12) of this title, is not feasible, the option of utilizing existing space in a designated new town
  center shall be given thorough investigation and priority, in consultation with the
  community. (d) A designation issued under this section shall be effective for eight years and may
  be renewed on application by the municipality. The State Board also shall review a
  new town center designation four years after issuance or renewal and may review compliance
  with the designation requirements at more frequent intervals. The State Board may
  adjust the schedule of review under this subsection to coincide with the review of
  a related growth center. If at any time the State Board determines the new town center
  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 pursuant to subsection (c) of this section without
  affecting any of the new town center’s previously awarded benefits; or (4) remove the new town center’s designation without affecting any of the town center’s
  previously awarded benefits. (Added 2001, No. 114 (Adj. Sess.), § 4a, eff. May 28, 2002; amended 2003, No. 115 (Adj. Sess.), § 80, eff. Jan. 31, 2005; 2007, No. 69, § 1; 2007, No. 147 (Adj. Sess.), § 4, eff. May 16, 2008; 2007, No. 176 (Adj. Sess.), § 4, eff. May 28, 2008; 2013, No. 146 (Adj. Sess.), § 2, eff. May 27, 2014; 2017, No. 197 (Adj. Sess.), § 10; 2021, No. 182 (Adj. Sess.), § 24, eff. July 1, 2022; 2023, No. 78, § F.13, eff. July 1, 2023; repealed by 2023, No. 181 (Adj. Sess.), § 65(a), eff. July 1, 2034; 2025, No. 18, § 47, eff. May 13, 2025.) § 2793b. Repealed. 2023, No. 181 (Adj. Sess.), § 65(a), eff. July 1, 2034. (Added 2001, No. 114 (Adj. Sess.), § 4a, eff. May 28, 2002; amended 2003, No. 115 (Adj. Sess.), § 80, eff. Jan. 31, 2005; 2007, No. 69, § 1; 2007, No. 147 (Adj. Sess.), § 4, eff. May 16, 2008; 2007, No. 176 (Adj. Sess.), § 4, eff. May 28, 2008; 2013, No. 146 (Adj. Sess.), § 2, eff. May 27, 2014; 2017, No. 197 (Adj. Sess.), § 10; 2021, No. 182 (Adj. Sess.), § 24, eff. July 1, 2022; 2023, No. 78, § F.13, eff. July 1, 2023; repealed by 2023, No. 181 (Adj. Sess.), § 65(a), eff. July 1, 2034; 2025, No. 18, § 47, eff. May 13, 2025.)