Vermont § 6106 - Transportation impact fee; formula

§ 6106. Transportation impact fee; formula

• (a) When assessing a transportation impact fee to a land use project, the Secretary shall
  apply a formula that reflects the performance standards for the TID, and the District
  Commission shall apply a formula that reflects those performance standards or the
  mitigation that the Commission determines is required to address the transportation
  impacts of the development or subdivision. In either case, the formula shall account
  for each of the following: (1) the vehicle trips generated by the land use project estimated pursuant to a generally
  accepted methodology; (2) the capital costs of highway infrastructure, pedestrian and bicycle facilities, public
  transportation, and other transportation infrastructure that benefit or mitigate the
  transportation impacts of the land use project; (3) conditions not attributable to the transportation impacts of the land use project
  including forecasted growth in background traffic and existing infrastructure and
  capacity deficiencies; (4) the proportional share of the capital costs of transportation infrastructure that
  provides benefit to or is attributable to the transportation impacts of the land use
  project and determined pursuant to a reasonably accepted methodology; and (5) other funding sources available to finance the capital transportation project. (b) When determining a transportation impact fee under this section for a land use project,
  the Secretary or the District Commission may adjust the result of the formula to account
  for one or more of the following: (1) a traffic allocation, if any, set for the land use project by a prior permit; (2) the net change in vehicle trip generation of a proposed land use project considering
  pass-by-trips and the amount of traffic already generated by the tract of land on
  which the land use project is to be located; (3) municipal traffic impact fees paid by the applicant to the extent that those fees
  fund improvements on which the transportation impact fee is based; (4) the fair market value of dedications of land, interests in land, or transportation
  infrastructure improvements provided by the developer to mitigate offsite traffic
  impacts; (5) TDM programs offered by the applicant that reduce vehicle trips; and (6) the siting of a proposed land use project in a downtown, village center, new town
  center, growth center, Vermont neighborhood, or neighborhood development area designated
  under 24 V.S.A. chapter 76A. (c) A transportation impact fee for one or more capital transportation projects in a TID
  shall not exceed the portion of the cost of each capital transportation project that
  is required to mitigate the transportation impacts of the land use project and shall
  not include costs attributable to the operation, administration, or maintenance of
  the capital transportation project. (d) An applicant may choose to fund the entire cost of a capital transportation project.
  An applicant for a permit under this chapter who chooses to fund the entire cost of
  a capital transportation project may request and the District Commission may authorize
  reimbursement in accordance with subsection 6104(a) of this title. (e) In assessing a transportation impact fee to an applicant under this subchapter, the
  Agency or District Commission shall require the applicant to pay the transportation
  impact fee prior to commencement of construction of the applicant’s land use project
  and shall not require the applicant to delay commencement of construction of that
  project until construction of each capital transportation project for which the fee
  was assessed, unless the Agency or District Commission determines that the capital
  transportation project must first be built to address a transportation safety issue
  caused or exacerbated by the land use project. If a land use project is to be constructed
  in stages, the Agency or District Commission may approve payment of a proportionate
  amount of the fee prior to commencement of construction on each stage. (Added 2013, No. 145 (Adj. Sess.), § 2.)