Vermont § 6105 - Transportation Improvement District and fee; Agency of Transportation

§ 6105. Transportation Improvement District and fee; Agency of Transportation

• (a) The Secretary may establish a TID and transportation impact fee in accordance with
  this section and section 6106 of this title if one or more capital transportation projects in the most recent Capital Transportation
  Program will provide capacity that benefits one or more future land use projects within
  a discrete geographic area or will provide capacity for future land use projects identified
  by a regional planning commission or municipality within a discrete geographic area. (b) To establish a TID and transportation impact fee, the Secretary shall cause the Agency
  to issue a proposed TID and transportation impact fee. (1) In preparing the proposal, the Agency shall consult with each regional planning commission,
  municipality, and the public in which the TID will be located on the geographic extent
  of the TID, the land use assumptions to be used, the performance standards and the
  consistency of the proposal with each applicable municipal and regional plan. (2) The Agency shall prepare a transportation infrastructure plan for the capital transportation
  project that identifies highway, transit, bicycle, and pedestrian infrastructure needs
  of a proposed TID. The Agency’s proposal shall identify the recommended geographic
  extent of the TID, the proposed performance standards within the TID, and the proposed
  transportation impact fee in accordance with section 6106 of this title. (A) The infrastructure plan shall follow generally accepted planning and engineering standards. (B) The performance standard for a TID shall be suitable for the area in which the TID
  is located. (C) The proposed fee shall reflect a rational nexus between the needs that the transportation
  infrastructure plan is designed to meet and the benefits that will be provided or
  the impacts attributable to the proposed land use projects to which the fee will be
  assessed and shall be roughly proportional to those benefits or impacts. (3) On issuance of the proposal, the Agency shall provide notice of a public hearing on
  the proposal before the Secretary. The notice shall include the date and location
  of the hearing, a description of the TID including the capital transportation project
  or projects, the TID’s geographic extent, and the proposed transportation impact fee.
  The Agency shall provide the notice to each property owner within the TID, the municipal
  legislative body and municipal and regional planning commissions for the area in which
  the TID is located, and shall publish the notice on its web page and in a newspaper
  of general circulation in the geographic area of the TID. The date of the public hearing
  shall be not less than 30 days after issuance and publication of the notice. (4) The Secretary shall hold a public hearing and take testimony on the Agency’s proposal.
  The Secretary shall provide an opportunity for members of the public and affected
  property owners to testify. (5) After completing the public hearing, the Secretary may approve, approve with revisions,
  or deny the Agency’s proposal. The Secretary’s approval shall establish the proposed
  TID and transportation impact fee, with any revisions required by the Secretary. (c) The Secretary shall consider the following to establish the boundaries of a TID: (1) the existing and planned pattern of development as set forth in the municipal or regional
  plans; (2) the future land use projects to be served by the capital transportation projects that
  the TID will fund; and (3) each land use project having transportation impacts that are mitigated by a capital
  transportation project to serve the TID. (d) The Agency may assess a transportation impact fee to each land use project within
  a TID for which a State highway access permit is required under 19 V.S.A. § 1111. This subsection shall not apply to a development or subdivision requiring a permit
  under section 6081 of this title. (e) The TID and transportation impact fee shall expire after the Secretary determines
  that the associated capital transportation project or projects no longer meet the
  approved performance standards. (Added 2013, No. 145 (Adj. Sess.), § 2.)