Terms Used In Vermont Statutes Title 24 Sec. 2794

  • Department: means the Vermont Department of Housing and Community Development. See
  • Downtown: means the traditional central business district of a community that has served as the focus of socio-economic interaction in the community, characterized by a cohesive core of commercial and mixed use buildings, some of which may contain mixed use spaces, often interspersed with civic, religious, residential, and industrial buildings and public spaces, typically arranged along a main street and intersecting side streets that are within walking distance for residents who live within and surrounding the core and that are served by public infrastructure such as sidewalks and public transit. See
  • downtown district: means a district delineated by the municipality and designated by the Downtown Development Board under section 2793 of this title. See
  • following: when used by way of reference to a section of the law shall mean the next preceding or following section. 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
  • 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.
  • 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
  • Village center: means the core of a traditional settlement, typically comprised of a cohesive mix of residential, civic, religious, commercial, and mixed use buildings arranged along a main street and intersecting streets that are within walking distance for residents who live within and surrounding the core. See

§ 2794. Incentives for program designees

(a) Upon designation by the Vermont Downtown Development Board under section 2793 of this title, a downtown development district and projects in a downtown development district shall be eligible for the following:

(1) Priority consideration by any agency of the State administering any State or federal assistance program providing funding or other aid to a municipal downtown area with consideration given to such factors as the costs and benefits provided and the immediacy of those benefits, provided the project is eligible for the assistance program.

(2) The Downtown and Village Center Tax Credit Program described in 32 V.S.A. § 5930aa et seq.

(3) A planning grant, in an amount not to exceed $8,000.00 per site, for an initial site assessment of a suspected contaminated site, if the site otherwise qualifies under the community development block grant program in 10 Vt. Stat. Ann. chapter 29.

(4) Financing of transportation projects under the State Infrastructure Bank, created under 10 Vt. Stat. Ann. chapter 12.

(5) Assistance from the Secretary of Natural Resources for current owners and prospective purchasers who otherwise qualify under the Brownfield Property Cleanup Program set forth in 10 Vt. Stat. Ann. chapter 159, subchapter 3, or in the case of current owners, who are innocent owners. For the purposes of this subsection, an “innocent owner” is an owner who did not do any of the following:

(A) Hold an ownership interest in the property or in any related fixtures or appurtenances, excluding a secured lender’s holding indicia of ownership in the property primarily to assure the repayment of a financial obligation at the time of any disposal of hazardous materials on the property.

(B) Directly or indirectly cause or contribute to any releases or threatened releases of hazardous materials at the property.

(C) Operate, or control the operation, at the property of a facility for the storage, treatment, or disposal of hazardous materials at the time of the disposal of hazardous materials at the property.

(D) Dispose of, or arrange for the disposal of hazardous materials at the property.

(E) Generate the hazardous materials that were disposed of at the property.

(6) Technical assistance by the Department of Housing and Community Development with regard to planning and coordination issues, including adaptive reuse of buildings within the district, development of a marketing plan for the downtown district that includes a heritage tourism component, development of a program to encourage merchants and building owners to rehabilitate, restore, and improve building façades, and, in coordination with the Agency of Transportation, planning for multi-modal transportation needs of the community.

(7) Hospitality training to be arranged by the Department of Tourism and Marketing.

(8) Promotion of the downtown development district by the Department of Tourism and Marketing as part of the Department’s Integrated Marketing and Promotion Program.

(9) Consistent with the Department’s available resources and subject to the Department’s priority for ensuring public safety, technical support from the Department of Public Safety for the rehabilitation of older and historic buildings.

(10) A rebate of the cost of a qualified sprinkler system in an amount not to exceed $2,000.00 for building owners or lessees. Rebates shall be paid by the Department of Public Safety. To be qualified, a sprinkler system must be a complete automatic fire sprinkler system installed in accord with Department of Public Safety rules in an older or historic building that is certified for a State tax credit under 32 V.S.A. § 5930cc(a) or (b) and is located in a downtown development district. A total of no more than $40,000.00 of rebates shall be granted in any calendar year by the Department. If in any year applications for rebates exceed this amount, the Department shall grant rebates for qualified systems according to the date the building was certified for a State tax credit under 32 V.S.A. § 5930cc(a) or (b) with the earlier date receiving priority.

(11) Participation in the Downtown Transportation and Related Capital Improvement Fund Program established by section 2796 of this title.

(12) Priority for locating proposed State functions by the Commissioner of Buildings and General Services or other State officials, in consultation with the legislative body of a municipality and based on the suitability of the State function to a downtown location.

(13) A reallocation of receipts related to the tax imposed on sales of construction materials as provided in 32 V.S.A. § 9819.

(14) The authority to create a special taxing district pursuant to chapter 87 of this title for the purpose of financing both capital and operating costs of a project within the boundaries of a downtown development district.

(b) Prior to designation of a downtown as a downtown development district by the Vermont Downtown Development Board under section 2793 of this title, the Board may deem eligible any otherwise qualified owners or lessees of buildings within a downtown for the tax credits under 32 Vt. Stat. Ann. chapter 151, subchapter 11J if the Board finds that the legislative body of the municipality in which the property is located is intending to seek designation of the downtown as a downtown development district and has taken substantial actions and made substantial commitments in furtherance of that intent. (Added 1997, No. 120 (Adj. Sess.), § 1; amended 2001, No. 114 (Adj. Sess.), § 5, eff. May 28, 2002; 2005, No. 183 (Adj. Sess.), § 15; 2021, No. 182 (Adj. Sess.), § 9, eff. July 1, 2022.)