Terms Used In Vermont Statutes > Title 10 > Chapter 151 > Subchapter 5 - Transportation Impact Fees

• Aboveground storage tank: means any tank, other than an underground storage tank, used to store any of the following petroleum products: gasoline, diesel, kerosene, used oil, or heating oil. See
• Acceptable piping: means :

• Agency: means the Agency of Natural Resources. See
• Agency: means the Agency of Transportation. See
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Board: means the Natural Resources Board. See
• Bodily injury: means bodily injury, including sickness, disease, or death, sustained by any person. See
• Capacity: means each of the following:

• Capital Transportation Program: means the multiyear transportation program under 19 V. See
• Capital transportation project: means :

• Category one tank: means an underground storage tank, except for the following:

• Combination tank system: means an underground storage tank system consisting of a single-wall tank and acceptable piping. See
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Development: means each of the following:

• District Commission: means the District Environmental Commission. See
• Domestic: when applied to a corporation, company, association, or copartnership shall mean organized under the laws of this State; "foreign" when so applied, shall mean organized under the laws of another state, government, or country. See
• Double-wall tank system: means an underground storage tank system consisting of a double-wall tank and acceptable piping. See
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Fund: means the fund created by section 1941 of this title. See
• Heating Fuel Account: means the Heating Fuel Account of the Fund created by section 1941 of this title. See
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Land use project: means any activity requiring a permit under this chapter or 19 V. See
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Lien: A claim against real or personal property in satisfaction of a debt.
• Month: shall mean a calendar month and "year" shall mean a calendar year and be equivalent to the expression "year of our Lord. See
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Motor Fuel Account: means the Motor Fuel Account of the Fund created by section 1941 of this title. See
• Municipality: shall include a city, town, town school district, incorporated school or fire district or incorporated village, and all other governmental incorporated units. See
• Municipality: means a city, town, incorporated village, or unorganized town or gore. See
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Operator: means any person in control of, or having responsibility for, the daily operation of the underground or aboveground storage tank. See
• Owner: means :

• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means any individual, partnership, company, corporation, association, unincorporated association, joint venture, trust, municipality, the State of Vermont, or any agency, department, or subdivision of the State, federal agency, or any other legal or commercial entity. See
• Person:

• Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Property damage: means :

• real estate: shall include lands, tenements, and hereditaments and all rights thereto and interests therein, and pews or slips in places of public worship shall be treated as real estate. See
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Regulated substance: means all petroleum and toxic, corrosive, or other chemicals and related sludge included in the following:

• Release: means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from an underground storage tank or aboveground storage tank into groundwater, surface water, or soils. See
• Secretary: means the Secretary of Natural Resources or the Secretary's duly authorized representative. See
• Secretary: means the Secretary of Transportation or designee. See
• Single-wall tank system: means an underground storage tank system consisting of a single-wall tank and single-wall pressurized piping. See
• State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
• State transportation system: means the highways, rights-of-way, and transportation facilities under the jurisdiction of the Agency or any other agency of the State and does not include highways, rights-of-way, and transportation facilities under the jurisdiction of a municipality. See
• Statute: A law passed by a legislature.
• Subdivision: means each of the following:

• Subpoena: A command to a witness to appear and give testimony.
• Tank integrity demonstration: means a test or a series of tests or other appropriate procedures prescribed by the Secretary to ascertain the condition of an underground storage tank and its surroundings. See
• TDM: means measures that reduce vehicle trips or redistribute vehicle trips to non-peak times or other areas. See
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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
• Town: shall include city and wards or precincts therein; "selectboard members" and "board of civil authority" shall extend to and include the mayor and aldermen of cities; "trustees" shall extend to and include bailiffs of incorporated villages; and the laws applicable to the inhabitants and officers of towns shall be applicable to the inhabitants and similar officers of all municipal corporations. 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
• Underground storage tank: means any one or combination of tanks, including underground pipes connected to it or them, that is or has been used to contain an accumulation of regulated substances, and the volume of which, including the volume of the underground pipes connected to it or them, is 10 percent or more beneath the surface of the ground. See
• Vehicle trips: means the number of trips by motorized conveyance generated by a proposed land use project measured at a specific place and for a specific duration. See
• Village: shall mean an incorporated village. See