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BILL AS INTRODUCED 2007-2008

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H.383

Introduced by   Representatives Howrigan of Fairfield and Valliere of Barre City

Referred to Committee on

Date:

Subject:  Municipal government; impact fees; authorization

Statement of purpose:  This bill proposes to eliminate the authority of municipalities to levy impact fees for school capital projects and require that if a municipality does not spend an impact fee within six years, the municipality shall notify the owner of the property by certified mail that he or she is entitled to a refund of those fees and shall refund those fees at the request of the owner of the property.

AN ACT RELATING TO MUNICIPAL IMPACT FEES

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  24 V.S.A. § 5200 is amended to read:

§ 5200.  PURPOSE

It is the intent of this chapter to enable municipalities to require the beneficiaries of new development to pay their proportionate share of the cost of municipal and school capital projects which benefit them and to require them to pay for or mitigate the negative effects of construction.

Sec. 2.  24 V.S.A. § 5203(e) is amended to read:

(e)  The municipality shall provide an annual accounting for each impact fee showing the source, amount of each fee collected, and project that was funded with the fee.  The municipality must shall spend the fee on the capital project, for which the fee was intended, within six years of when the fee was paid.  If it fails to do this, the owner of the property at the expiration of the six-year period may apply for and receive a refund of his or her proportionate share of that fee during the year following the date on which the right to claim the refund began If a municipality does not spend the fee within this time period, the municipality shall notify the owner of the property by certified mail that he or she is entitled to a refund of the fee and shall refund the fee at the request of the owner of the property.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us