Establishing

 Action by the Legislative Body of the Municipality

If two-thirds (2/3) of all the votes received from property owners in a proposed LHD or LHP are recorded in the affirmative, or if in the case of an LHP designation the owner(s) of the property do not submit a formal letter stating their objection within thirty days of the public hearing, the legislative body may proceed with consideration of the proposed LHD or LHP designation.

Prior to the meeting of the legislative body or the authorized town meeting, the Study Committee may prepare and distribute a printed summary of the significance of the proposedLHD or LHP and the benefits associated with historic preservation designation. Property owners and residents may wish to present written comments or a signed petition to the legislative body expressing their views on the proposed LHD or LHP designation.  

The Study Committee may wish to encourage supportive legislators, community leaders, and residents to attend the meeting of the local legislative body. Legislators should understand that this is an important meeting, and that their vote could be decisive. Members of the Study Committee should be present and be prepared to provide information or answer any questions about the report during the meeting if requested.

At the meeting the legislative body may decide to:

1.      Accept the Report

Accepting the Study Committee Report as submitted means enacting an ordinance that creates and provides for the operation of the proposed HDC or HPC. The proposed ordinance will constitute an important part of the final report as submitted to the legislature.

2.      Reject the Report

The legislative body may choose to reject the Study Committee Report and state its reasons for doing so.

3.      Return the Report to the Study Committee for Revision

In some cases, the legislative body may vote to return the report to the Study Committee with recommendations for revisions and statements articulating its reasons for doing so. In that case, the Study Committee will have sixty-five days to submit a revised report to the legislative body of the municipality.

If the revised report includes a change in the boundaries of the proposed LHD or LHP, it will be necessary to hold another public hearing and to have another vote of the property owners, assuming that the revision alters the number of real property owners within theproposed LHD or LHP. If there is no change to the boundaries or the affected properties, then no additional hearing or balloting is required, and the legislature may vote again on the basis of the revised Study Committee Report.   

For these reasons, the Study Committee may want to communicate with the local legislative body well in advance of the vote in order to build support for the report and to anticipate any changes that may be required.