§ 181. Purpose
The general assembly of the state of Vermont hereby finds, determines and declares that the capitol complex is an important and unique historic district and that the maintenance of the architectural and aesthetic integrity of this district is of the utmost importance to all of the people of the state. It is the purpose of this chapter to establish a procedure for reviewing the plans for any structure within the capitol complex not substantially erected and completed on April 16, 1974. (Added 1973, No. 269 (Adj. Sess.), § 17, eff. April 16, 1974.)
§ 182. Definitions
As used in this chapter:
(1) "Capitol complex" means all of the land and buildings in the city of Montpelier, excluding so much of State Street as lies within the boundaries thereof, enclosed within the following described bounds: commencing at the juncture of Taylor Street, so-called, and north line of the Winooski River, thence northerly along the westerly line of Taylor Street, crossing state Street and continuing northerly along the westerly line of the extension of Taylor Street, crossing Court Street at an angle to the westerly line of Greenwood Terrace, thence continuing northerly along the westerly line of Greenwood Terrace to a point on a line extension of the southerly line of Mather Terrace, thence westerly along the aforesaid line extension to Mather Terrace, thence westerly along the southerly line of Mather Terrace and Terrace Street to the intersection of Terrace Street and the easterly line of Bailey Avenue, thence southerly along the easterly line of Bailey Avenue crossing State Stree
t and continuing along the easterly line of Bailey Avenue extension to the Winooski River, thence easterly along the northerly line of the Winooski River to the point of the beginning.
(2) "Capitol complex commission" means a commission consisting of five members. Four members shall be appointed by the governor, with the advice and consent of the senate, for a term of three years. The fifth member shall be appointed by the Montpelier city council for a term of two years. The chair of the capitol complex commission shall be designated by the governor. No more than two members of the commission shall be residents of the city of Montpelier, and no member may be an exempt employee of the state of Vermont. The commissioner of buildings and general services shall be the executive secretary of the board and shall have no vote.
(3) "Developer" means any person owning or undertaking construction of any structure of any nature on any plot or parcel within the capitol complex.
(4) "Plan" means but shall not be limited to all overall designs, blueprints of floor plans, site plans, elevation drawings and front left and right and detailed perspectives. (Added 1973, No. 269 (Adj. Sess.), § 17, eff. April 16, 1974; amended 1979, No. 87 (Adj. Sess.), § 1, eff. Feb. 20, 1980; 1983, No. 147 (Adj. Sess.), § 4(b), eff. April 11, 1984; 1995, No. 148 (Adj. Sess.), § 4(c)(1), eff. May 6, 1996; 2001, No. 149 (Adj. Sess.), § 30, eff. June 27, 2002.)
§ 183. Review of plans
(1) No person shall commence construction on any structure on any plot or parcel within the capitol complex prior to approval of plans for such structure by the capitol complex commission. For the purposes of this section "person" shall include the state of Vermont.
(2) Within 60 days after submission of tentative plans relating to the construction of any structure on any plot or parcel within the capitol complex the capitol complex commission shall approve such plans or suggest alterations or modifications relating to overall bulk, size, height, setback, parking requirements, landscaping, design continuity with other structures in the capitol complex, both private and public, and maintenance of the character of the capitol complex as a unique and historic district.
(3) In the event the capitol complex commission suggests alterations or modifications in plans which will result in additional construction costs, the commission may recommend to the legislature, or to the emergency board if the legislature is not then in session, payment to the developer of a sum of money in an amount not to exceed such additional costs. The amount and manner of such recommendation shall be matters within the sole discretion of the commission, except that no such amount shall be recommended because of a claim of a reduction in the profitability or fair market value of a parcel structure or improvement arising out of an alteration or modification in design. The amount and manner of actual payment shall be matters within the discretion of the legislature or emergency board. For purposes of this chapter, the emergency board may deem payments hereunder to be "unforeseen emergencies" within the meaning of 32 V.S.A. § 133.
(4) Acceptance of a modified plan or design by a developer shall constitute an undertaking that such altered or modified plan shall be faithfully carried out.
(5) The capitol complex commission may adopt such rules and regulations to interpret and carry out the provisions of this chapter. Such rules and regulations shall be filed in accordance with the provisions of section 847 of Title 3. (Added 1973, No. 269 (Adj. Sess.), § 17.)
§ 184. Penalties
A violation of any provision of this chapter or the rules promulgated hereunder is punishable by a fine of not more than $500.00 for each day of the violation. (Added 1973, No. 269 (Adj. Sess.), § 17, eff. April 16, 1974.)
§ 185. Enforcement
In addition to the other penalties provided herein, the capitol complex commission may, in the name of the state, institute any appropriate action, injunction or other proceeding to prevent, restrain, correct or abate any violation hereof or the rules promulgated hereunder. (Added 1973, No. 269 (Adj. Sess.), § 17, eff. April 16, 1974.)