VERMONT DIVISION FOR HISTORIC PRESERVATION
Certified Local Government Program
Sample Ordinance to
create the Certified Local Government Commission in accordance with the Regulations for the
Vermont Certified Local Government Program
ORDINANCE
For Establishment of
Historic Preservation Commission
WHEREAS, the Town of XXXXX contains historic sites,
structures and districts of local, statewide and national significance and the
Board of Selectors has determined that a Historic Preservation Commission would
be beneficial to the cultural enrichment and general well‑being of the
community,
NOW, THEREFORE, pursuant to authority granted them by Title
24,Vermont Statutes Annotated, and Section XX of the Charter of the Town of
XXXXX, The Board of Selectors hereby ordains and enacts as follows:
1.
The Town of XXXXX has agreed to enforce, within its jurisdiction, the
provisions of the Vermont Municipal and Regional Planning and Development Act
(24 V.S.A. Chapter 117), the Vermont Historic Preservation Act (22 V.S.A.
Chapter 14), and any other state or local legislation which may be enacted for
the designation and protection of historic properties.
2. The Town of XXXXX hereby establishes a
historic preservation commission of seven members appointed by the Board of
Selectors. The structure and
responsibilities of the commission shall be as follows:
A. The commission shall be composed of professional and lay members,
a majority of whom reside within the jurisdiction of the Town of XXXXX.
B. All members
of the commission shall have a demonstrated interest,
competence or knowledge in
historic preservation.
C. To the extent available within the
jurisdiction of the Town of XXXXX, at least a majority of the members shall be
professionals from the disciplines of history, archaeology, architectural
history, architecture and historical architecture who meet the requirements
outlined in Appendix A of the Regulations
for the Vermont Certified Local Government Program. Members representing
other historic preservation related disciplines, such as urban planning,
American studies, American civilization, cultural geography, or cultural
anthropology, and lay members are encouraged.
When a discipline is not represented on the commission, the commission
shall seek the assistance of the Division in obtaining the necessary expertise
when considering National Register nominations and other actions that will
impact properties which are normally evaluated by a professional in such
discipline.
D. All activities of the commission shall be in accord with the
terms of the Vermont Open Meeting Law (1 V.S.A. Chapter 5, Subchapter 3), and
the commission shall take additional steps as it deems appropriate to stimulate
public participation in commission activities, such as, publishing its minutes,
publishing the procedures by which assessments of potential National Register
nominations will be carried out or using public service announcements to
publicize commission activities.
E. The commission shall meet no less than four times each year, and
maintain an attendance rule for commission members.
F. The commission shall have written rules of procedure, including
conflict of interest provisions in compliance with the Historic Preservation
Fund Grants Manual.
G. The commission shall have the following
responsibilities, to be carried out in coordination with and in accord with
format and standards established by the Division:
(1) Creation and maintenance of a system for the survey and inventory
of historic properties within its jurisdiction that is coordinated with the Vermont Historic Sites and Structures Survey
and the Vermont Archaeological Inventory.
(2) Preparation, for submission to
the Division by the Board of Selectors, of a report concerning properties
within its jurisdiction that are under consideration for nomination to the
National Register of Historic Places.
The report shall be prepared in cooperation with the Division and shall
be prepared in a manner consistent with the requirements of the National
Historic Preservation Act as described in the Regulations for the Vermont Certified Local Government Program.
(3) When determined to be appropriate in the discretion of the
commission, preparation and submission for approval by the Board of Selectors
of grant applications to the Division for funds from the CLG share of the
state's annual Historic Preservation Fund (HPF) grant award.
(4)
Advising and assisting the Board of Selectors, Planning Commission, and
other appropriate persons on matters related to historic preservation.
(5) Performance of additional responsibilities in accordance with a
mutual written agreement between the Division and the Board of Selectors.