Act No. 136

(S.64)

Conservation and development; municipal government; public service;
growth center designation process, findings, and reconsideration;
utility line burial in growth centers

This act makes changes to the existing process for designating growth centers under 24 V.S.A. chapter 76A (the downtown chapter) and to the board that makes those designations.

Sec. 1 removes the word "substantially" from the definition of "growth center" in existing law, 24 V.S.A. § 2791(12)(A). Under prior law, a growth center had to have "substantially" the characteristics listed in the definition.

Sec. 2 repeals the so-called "expanded" downtown development board that, under prior law, decided applications for growth center designations. For such applications, the existing downtown development board was enlarged by three appointees who otherwise did not serve on the board.

Sec. 2 provides that the additional appointees who previously served solely on growth center applications are full members of the downtown development board, serving on all applications under the downtown chapter.

Sec. 3 makes mandatory a preapplication process that was optional under prior law. It also repeals a "planning coordination group" consisting of state agency staff who, under prior law, provided comments on the potential application during the preapplication process. Under Sec. 3, those comments are to come from a growth center subcommittee consisting of designated members of the downtown development board. State agency staff will retain support and other coordination functions.

Sec. 3 also removes from 24 V.S.A. § 2793c(d) (application requirements) language that duplicated language in subsection (e) of the same statute (findings required for designation) and instead requires that the application show that each of the findings in (e) is met.

Sec. 3 further adds requirements for growth center applications and reorganizes, clarifies, and adds to the findings that are required for a growth center designation, including:

· the state board may designate a growth center that does not meet one, but no more than one, of the defined characteristics of a growth center if it finds that the growth center will nonetheless comply with the purposes of the downtown chapter;

· if a growth center is associated with a new town center, areas zoned predominantly for retail and office space will be in the new town center;

· if a growth center is associated with a designated downtown or village center, the applicant has taken all reasonable measures to ensure that growth is encouraged first in any designated downtown or village center and second in the proposed growth center, and areas zoned predominantly for retail and office space will serve as a logical expansion of those centers through such means as shared infrastructure;

· the applicant municipality has adopted bylaws that ensure that land development in the growth center will comply with smart growth principles and specified minimum development densities; and

· the growth center is sized, using a 20-year planning period, to accommodate no more than 150 percent of projected residential growth and no more than 100 percent of projected commercial and industrial growth.

Sec. 3 also provides for reconsideration requests by a person or entity that submitted written or oral comments during the designation process.

Sec. 4 consists of technical changes to reflect the repeal of the "expanded" downtown board.

Sec. 5 requires the public service board to convene a workshop by November 1, 2010, and the department of public service to report to committees of jurisdiction by December 15, 2010, on the issue of who pays for burying utility lines in areas designated under the downtown development chapter.

Sec. 6 is the effective date section. Secs. 5 and 6 of the act are effective on passage. Sec. 6(b) requires that new members of the downtown board be designated by July 1, 2010. Secs. 1 through 4 are effective on July 1, 2010, and apply to applications for growth center designations on and after that date.

Date Signed by the Governor:  May 29, 2010

Effective Date:  Secs. 1-4: July 1, 2010; Secs. 5-6: On passage (May 29, 2010, the date on which the governor signed the bill)