Vermont Statutes Title 24 Sec. 4345
Terms Used In Vermont Statutes Title 24 Sec. 4345
- Bequest: Property gifted by will.
- Bylaws: means municipal regulations applicable to land development adopted under the authority of this chapter. See
- Contract: A legal written agreement that becomes binding when signed.
- Devise: To gift property by will.
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- 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.
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Land development: means the division of a parcel into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any building or other structure, or of any mining, excavation, or landfill, and any change in the use of any building or other structure, or land, or extension of use of land. 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
- Municipal land use permit: means any of the following whenever issued:
- Municipality: means a town, a city, or an incorporated village or an 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.
- Planning commission: means a planning commission for a municipality created under subchapter 2 of this chapter. See
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Regional planning commission: means a planning commission for a region created under subchapter 3 of this chapter. 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
§ 4345. Optional powers and duties of regional planning commissions
Any regional planning commission created under this chapter may:
(1) Develop an inventory of the region’s fire and safety facilities; hospitals, rest homes, or other facilities for aging or disabled persons; correctional facilities; and emergency shelters; and work with regulated utilities, the Department of Public Service, the Department of Public Safety, potential developers of distributed power facilities, adjoining regional planning commissions, interested adjoining regional entities from adjoining states, and citizens of the region to propose and evaluate alternative sites for distributed power facilities that might provide uninterrupted local or regional power at least for identified critical service providers in time of extended national, statewide, or regional power disruption or other emergency.
(2)-(5) [Repealed.]
(6) Undertake studies and make recommendations on land development, urban renewal, transportation, economic, industrial, commercial, and social development, urban beautification and design improvements, historic and scenic preservation, State capital investment plans, and wetland protection.
(7) [Repealed.]
(8) Require of each municipality in its area and all State agencies such available information as relates to the work of the regional planning commission.
(9) In the performance of its functions, enter upon land, with prior approval of the landowner, to make examinations and surveys.
(10) Retain staff and consultant assistance in carrying out its duties and powers, and contract with one or more persons to provide administrative, clerical, information technology, human resources, or related functions.
(11) Undertake comprehensive planning, including related preliminary planning, State capital investment plans, and engineering studies.
(12) Carry out, with the cooperation of municipalities within the region, economic development programs for the appropriate development, improvement, protection, and preservation of the region’s physical and human resources.
(13) Provide planning, training, and development services to local and regional communities and assist communities in evaluating economic conditions and prepare for economic growth and stability.
(14) Gather economic and demographic information concerning the area served.
(15) Assist existing business and industry, encourage the development and growth of small business, and to attract industry and commerce.
(16) Include in its charter and bylaws adopted pursuant to section 4343 of this chapter the power to:
(A) Acquire and dispose of a fee simple or lesser interest in real property through purchase, lease, grant, gift, bequest, or devise for the purpose of fulfilling its duties pursuant to this section and section 4345a of this title.
(B) Borrow money and incur indebtedness for the purposes of purchasing or leasing property for office space, establish and administer a revolving loan fund, or establish a line of credit, if approved by a two-thirds vote of those representatives to the regional planning commission present and voting at a meeting to approve such action. Any obligation incurred under this subdivision (B):
(i) shall not encumber the grand list or any property of a member municipality; and
(ii) in the case of a purchase, shall pledge the property to be purchased as collateral and shall not exceed the fair market value of such property.
(C) At the request of one or more member municipalities, act as an escrow agent and hold funds related to a municipal capital project or a project subject to a municipal land use permit in an escrow account, including taxes to be paid by the project, fines, and developer fees. Funds so held shall be segregated in a special account for each project on the books of the regional planning commission and, within each project account, by municipality. However, this subdivision (C) shall not confer authority on a regional planning commission to hold tax increment revenues received from a tax increment financing district under chapter 53, subchapter 5 of this title.
(D) Enter into contracts with public and private entities, including the State of Vermont and the federal government to provide regional planning services and fulfill its duties pursuant to this section and section 4345a of this title.
(E) Invest funds held in reserve in any security or investment that is prudent under the Uniform Prudent Management of Institutional Funds Act. This subdivision (E) only shall apply to funds whose investment is not otherwise restricted by State or federal law; the terms of a grant, gift, or devise; or the terms of a contract or service agreement formed under this chapter.
(17) Perform such other acts or functions as it may deem necessary or appropriate to fulfill the duties and obligations imposed by, and the intent and purposes of, this chapter. (Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1971, No. 257 (Adj. Sess.), § 3, eff. April 11, 1972; 1979, No. 174 (Adj. Sess.), § 5; 1981, No. 132 (Adj. Sess.), § 6; 1985, No. 188 (Adj. Sess.), § 8; 1987, No. 200 (Adj. Sess.), § 20, eff. July 1, 1989; 1989, No. 280 (Adj. Sess.), § 3; 2005, No. 208 (Adj. Sess.), § 9; 2009, No. 146 (Adj. Sess.), § G5; 2011, No. 104 (Adj. Sess.), § 30, eff. May 7, 2012; 2013, No. 36, § 1; 2015, No. 174 (Adj. Sess.), § 3; 2017, No. 123 (Adj. Sess.), § 2, eff. May 3, 2018.)