Vermont Statutes Title 10 Sec. 6104
Terms Used In Vermont Statutes Title 10 Sec. 6104
- Agency: means the Agency of Transportation. See
- Capacity: means each of the following:
- Capital transportation project: means :
- Development: means each of the following:
- District Commission: means the District Environmental Commission. See
- Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
- Secretary: means the Secretary of Transportation or designee. See
- Subdivision: means each of the following:
- TID: means a discrete geographic area that includes and will benefit from one or more capital transportation projects included in the Capital Transportation Program and for which the Agency has established a transportation impact fee under this subchapter. See
- Transportation impact fee: means a fee that is assessed to a land use project as a condition of a permit issued under this chapter or a State highway access permit under 19 V. See
§ 6104. Transportation impact fee; District Commission
(a) A District Commission may require payment of a transportation impact fee in accordance with section 6106 of this title to fund, in whole or in part, capital improvements that are necessary to mitigate the transportation impacts of a proposed development or subdivision or that benefit the proposed development or subdivision. The Agency shall review the application and recommend to the District Commission whether to require mitigation of the transportation impacts of the development or subdivision. The District Commission may require an applicant to pay the entire cost of a capital transportation project and may provide for reimbursement of the applicant by developments and subdivisions subsequently receiving permits or amended permits under this chapter that benefit from the capital transportation project. The period for reimbursement shall expire when the associated capital transportation project ceases to provide additional capacity.
(b) A District Commission may require an applicant for a development or subdivision within a TID to pay the transportation impact fee established by the Secretary if the Commission determines that the fee will fund, in whole or in part, improvements to mitigate transportation impacts of the development or subdivision.
(c) This subchapter shall apply to the exercise of authority by a District Commission under any permit condition issued pursuant to subdivision 6086(a)(5) of this title in which the District Commission has reserved the right to conduct proceedings that may result in assessment and collection of impact fees to support transportation improvements.
(d) The authority granted to the District Commissions under this subchapter is in addition to their other authority. (Added 2013, No. 145 (Adj. Sess.), § 2.)